HomeMy WebLinkAboutMinutes-10-14-72-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 14, 1972
T A B L E O F M I N U T E A C T I O N S
SUBJECT: ACTION:
Appeal, Revocation of Police Permits -- El Denied - Police Chief°s
Palomar Inn, 12165 Paramount Blvd. action affirmed
Resolution #2713, Decl. Underground Utility
District be Formed (District #4)
Downey Improvement Project #634, Firestone Pl. -
grant auth. to Dept. Public Works to proceed
Appeal, House Relocation, 7032' Dinwiddie St. -
Request for withdrawal
Minutes: July 10, 1972; Adj. Mtg. July 17, 1972;
July 25, 1972; Spec, Mtg. August 8, 1972
Comm, from Downey Comm. Hospital re Two -Story
Circular Structure Proposal
Adopted
Approved
Approved; filing fee
refunded
Approved
Set for 8/22/72 Agenda
Hearing on Appeal, Z.E. Case #1067, 7970 Brookmill Set for 9/11/72
PAGE NO.
1, 8,
9, 10
3
3
4
4
4
4
Appointment of Harry L. Stevens, Jr., to the Los
Angeles County -Downey Reg. Public Rec. Area Auth. Affirmed 5
Appointment of Gerald Osborn to Sanitation &
Health Comm. So ordered 5
Legal Claims (for information only)
#069, Freddy Antonia Sierra
#070, Leonard W. Tracy No action 5
Legal Claims (for Council action)
067, Roy Lee Ross Denied 5
Ordinance #424, which relates to Planned Unit Dev. Adopted 5
Z.E. Case #991, 7204-42 Stewart & Gray Rd. -
Return to Planning Comm.; permit applicant to
file revised plan Approved 5
Ordinance Relating to Miscellaneous Sales Introduced 6
Resolution #2707, Ord. Dir. Public Works to Make
Report (Annex. 72/15 & 72/16) Adopted 6
Report of Director of Public Works (Annex.
72/15 & 72/16) Received & filed 6
Resolution #2708, Decl. Intention to Annex to
City Lighting District (Annex. 72/15 & 72/16) Adopted 6
Resolution #2709, Authorizing Settlement of
Certain Litigation (Edgington Oil Co,) Adopted 7
Resolution #2710, Authorizing Settlement of
Certain Litigation (Witco Chemical Corp.) Adopted 7
Resolution #2711, Adopting Jail Inmate Work
Policy Adopted 7
Resolution #2712, Adopting Theatre & Community
Center Rental Fees Adopted 7
Page 1 of 2
COUNCIL MINUTES AUGUST 14, 1972
TABLE OF MINUTE ACTIONS
SUBJECT:
ACTION:
Resolution 4PWS-803 (Payroll)
Adopted
Resolution #WS 804 (Payroll)
Adopted
Resolution #WS-805 (B Warrants)
Adopted
CC #318, Unit 1, Pangborn Ave., Via Amorita to
Florence Ave. Service Road m Plans & specs &
authority to advertise
Approved
Storm Drain Bond Issue 9005, Cecilia St,
Authorize issuance of Purchase Order (CC #SS-262)
Approved
Report on Public Works Projects for Fiscal
Year 1971-72
No action
Professional Services - Golf Course Irrigation
Syrstem Design _ Auth. mayor to sign; subject to
conditions
Approved
Leave of Absence Without Pay for Terry Lortz,
Maintenance Man
Approved
Utility Users Tax Refunding
Ref, to Councilman Jennings &
Finance Director for further
review
Reports on Century Freeway
No action
Councilman DiLoreto & Mayor Pro Tem Morton
a'osence from next City Council Meeting
Page 2 of 2
8
8
8
10
10
10
10
11
11
11
11
MIN;'ES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 14, 1972
'The City Council of the City of IDawney held a regular meeting at 7.:30 p,m..,
August 14, 1972, in the Council Chaxioers of the Downey City Hall, Mayor Pro Tem :Thomas:H.
Mortor. presiding.
PRESENT, Councilmen, .Jennings, Temple, Morton
ABSENT-, Councilmen, DiLoreto (arrived at 7-35 p m,)';Winton
ALSO PRESENT-, Donald B. Robison, Assistant City Manager
Royal M. Sorensen, City Attorney
Ervin Sp-ndel, Director of Public Works
William A, Goggin, Director of Planning
Richard D. Patton, Director of Finance
Ray Lake, Director of Building & Safety
Loren D. Morgan, Police Chief
Robert W. Gain, Fire Chief'
William Harper, Theatre Manager
Harald J. :enriksen, City Engi-,eer
Robert L, Shand, City Clerk
Judy McDonnell, Executive Secretary
The `invocation was led by Councilman Temple, followed by the Flag Salute led by
Planning Director Goggin,
Mayor Pro Tem Morton declared that this is the time and place for the public hearing
on Appeal, Revocation of Police Permits -- El Palomar Inn 12165 Paramount Boulevard, He
inquired of the City Clerk if he mailed the Notice of Hearing to the applicant and his
attorney, and the City Clerk responded in the affirmative,
Mayor Pro Tem Morton explained the basisfor the hearing is that the Chief of Police
advised tse E1 Palomar Ir,.n by Letter that their entertainment license and police permits
€or p;:blic dancing, entertai)-.meat, and billiard room were hereby revoked for reasons
stated, in the letter. He said the EL Palomar Inn requested a hearing on the matter, and
y special meeting e. City Council set the time and place for hearing,
Councilman DiLoreto arrived at the meeting at 7;35 p.m,,
I-t was ieter;rined at this tiiue that Mr, Manuel Rivas, the applicant, Was present,
Police Chief Morgan reported he notified Mr, Manuel Rivas that he was revoking his
police permits fez public dancing;, entertainment., and billiard room for the following
reaSOE7S: V4_olations of the Business ,S Professions Code in serving minors and allowing
adr_,lt patrons after legal hours to consume alcoholic 'beverages on the premises; approxi-
.rely 31 aliens were arrested ir. the establishment; employing a minor; furnishing an
dercover officer of the Downey Police Department an ounce of heroin; and selling 17
ounces of heroin to another undercover officer,
Chief Morgan called upon the following police officers to testify in the nvestiga-
tion proceedings. Each officer was sworn in by the City Clerk, and Chief Morgan confirmed
the employment status of each officer at the time of conducting an investigation,
Officer Bruce O'Connell
Sgt. 1vielvin Parks
Mr, Rivas, owner of the E1 Palomar Inn, -as asked if he wished to make a statement
regarding each officer's testimony, and Mr, Rivas replied that although he did not have
a-.y witnesses present, the bar did not remain open after 2.00 a.m. He informed the City
Council that his attorney had not yet arrived at the meeting.
It was noted by the City Attorney that nothing was said in relation to the delay of
,e applicant's attorney until after two witnesses had testified, and the City Council
_Id no knowledge until that time.
It was moved by Councilman DiLoreto, seconded by Councilman Jennings, and.passed by
the following vote to continue the hearing on Appeal, Revocation of Police Permits -- E1
Palomar Inn, 12165 Paramount Boulevard, for approximately one-half hour,
Co:;ncil Minutes 8j14/i2 -1-
AYES; 4 Councilmen° lennings, Diloreto, Temple, Morton f y
NOES° 0 Councilmen: None
ABSENT'o L Councilmen; Winton
Chief Morgan was advised that any witnesses he may have attending the meeting,
including Officer O'Connell and Sgt, Parks, should remain,
Mayor Pro Tem Morton explained the hearing on Underground Utility District #4,
Paramount Boulevard, was closed on June 12, 1972, and further study has been made concern-
ing this particular District,
Councilman Jennings reported that this matter was taken under submission due to the
_fact that some of the properties involved :did not front on Paramount Boulevard, but were
included within the Utility District, Also, the hearing was called due to the high cost
:o some of the property owners, He said several meetings were held with the property
) ners, and the problems have been worked out, Councilman Jennings recommended adoption
of the Resolution forming the underground Utility District,
Councilman Temple stated die to the reduction in cost to the majority of the
properties, he would recommend d moving ahead on this matter,
Public Works Director Spindel informed the City Council that if the hearing is not
going to be re -opened., a change should be made on the second line of the first paragraph
of the Resolution deleting the words land August 14". (See motion to re -open hearing.)
Responding to a question by Councilman DiLoreto, Mr, Spindel stated he and his staff
personally contacted the property owners, and each was notified of tonight's meeting. He
said the costs in most cases were reduced considerably to the property owners.
Discussion followed regarding re -opening the hearing, Mr. Spindel stated each of
the property owners receive: notice of tonight's meeting,
it was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered
to the hearing on Underground Utility District A, Paramount Boulevard,
Mayor Pro Tem Morton inquired if there was anyone present who wished to speak to the
matter of Underground `utility District A,
Mr. Twait, owner of the T-House Apartments at 10326 Paramount Boulevard, said the
otice he received informing him of the meeting stated the costs would be less, particu-
-arly if he used his own contractor. He commented that he was informed his costs would
be less, however, me amounts or reasons were given, Mr. Twait asked why the costs would
be less ,and what they would be,
Councilman 'Temple advised Mr, Twait that his costs have been revised from $2600 to
$150V
Public Worsts Director Spindel explained the costs have been reduced because of the
difference in the way she property will be served, He stated at the option of the pro-
perty owner a List of contractors can be provided WK are experienced in this field, Mr.
Spindel commented that assistance will be given to help the property owner find a
contractor, or the City will contract to do the work,
Mayor Pro Tem: Morton inquired if there was anyone else present who wished to speak,
and there was no reseponse,
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the
following vote to close the hearing on Underground Utility District #4, Paramount Boulevard,
AYES; 4 Council-nE: Jennings, DiLoreto, Temple, Morton
NOES; 0 Councilmen; None
ABSENT; 1 Councilmen; Winton
RESOLUTION NO, 2713
A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF DOWNEY
DECLARING THAT AN UNDERGROUND U'TILIT.' DISTRICT BE FORMED
PURSUANT TO RESOLUTION NO, 2680 (DISTRICT NO, 4)
The Resolution was read by title only, It was moved by Councilman Jennings, seconded
by Councilman Temple, and so ordered to waive further reading,
Council Minutes 8 14 72 -2-
d
. It was move? y ti u_,... _ _ Gs, ace a by Councilman an Temple, and passed by` F
the following vote tc adeptResninvica No, 1711.
ATE S 2 ._ e ru awl'.:' .+ Wnings, Te.pi.:E., Mcrton,
NOES; 1 councilmenv Di tc,
ABSENT; 1 Co w.: ro,.
Mayor Pro Tem. Morton onclarej thatthis is tie time and place for the public hearing
on Eowrner Am. r'oveme t Pro i r No t K me Place, He inquired of the City Clerk if
he had the Affidavit of PG i e Notice am "_ifi avit of :!tailing,, to which the City
Clerk responded in the af` vas,"r.ve,
It was moved la C..uncil..,_n 0 L ;eT._ o seconded by Councilman Tenrings, and so ordered
r receive and file the Aft dnv t
Mayor Pro TErP Morton ! J.ired it the City Clerk had received any written protests or
objections, and the City +Clerk replied he had rot,
Public works Tir_.tai Spiniel reported -hot the improvements are for curbs gutter,
sidewalks, driveway apron, a ?'. pave out of the i3::rTo! side of Firestone Place between Old
River School Roai :ard PoT,e ing Road, He said time estimated cost for the improvements area
;$725, 7411 Firestone Place; 070, 7019 Firestone Place; and $450, 7747 Firestone Place,
He said the property c-ner. at 717 Firestone Place has requested voluntary Chapter 27 with
the payments spread over a t -rear period,
it was moved by C04ncil au 1811vLogs, Seconded by Councilman Temple, and so ordered to
accept the Envineer's Report.,
Payer Pr; Tem OrMn+ . rse if _.s. e vas amivoos pxe __,.'t who wished to speak in
Opposition to tie ._
Mr,. Y,ea_a A Da , 710 F. . _0, r.;._:c_. ..4-.ueed _he south side of the street is far
more in need o _ Q,2 r f-+ a he iKeTre!to the dust and: dirt problems,
Councilman i_Cple IYEW _.. roes tooth__eJe of the street is
r � in need of improvements,
He said the Rn:vem* J- were grynjn6 vLtt asaas exception ..t .o nnyvs Broiler for the
South side of the street, +'ei. - re;. h ..Lt did not act an their zone exception and
Ti.e curia wetwexe .SQt erected.
vur„ Sp . el ev l.. ._. inter WhYmEr 27 Proceedings it has been the City `s policy that
,_i1c'So there " _ !,_„_,_ 1171rd 03 hesith a"d S1, Y, the .._prOVe.MEMS are not con-
stru ter s nle3s rer e & .. aleast _ 1 o heproperty� owmers on a block, He said if
a hazard to health _o! Sa0tv toes exist, then property owner could be required to put
in the improvements ants C :e .0 i d `:1 :.;W
Mayor Rio Tea Xorton . s__.,n if Yheie vos a=yo ne else present who wished to speak,
ard there was We xe_ponse,
it was moved ACV cil ae' b Seconded r x�
s ,�,sL, v Lrua.y '7ersFl.ple, and passed by the
following vote to close tie hearing an Dave ey improvement Project No, 634, Firestone Place,
ALES: =u Gu r_11a-,.e "enAngs, _ Loreto, Temple, Morton
NOES: 0 conacilsent + on's
ABSENTr l_ Q, a i R'„ ws nor'
it was moved by Councilman Temple, ascended by Councilman .Tiennings, and passed by the
following vote to grant authority to the Uep r menc of Public Works to proceed with the
improvements under the provisions chapter 27 on Downey improvement Project No, 634,
Firestone Place,,
AYES, * COuLcilmsK2 WaLLgs, Gnorave, iemple, Morton
ABSENQ 1 Councilmenn w.Jmton_
Mayor Pro Tem Wr Do declared that this is s;;+-e time ,a.^d place for the public hearing
u- Appeal, House Rsloc.aL,j2:u_ 702i Di7widdie Strnet.,
Councilman Temple explained he has been contact +ich the people requesting the
appeal, end their basic ;ozpla nt <y i": appo itic t any house being moved to the
subject location, He said after the appellant learned that a plot plan had been approved
on the property, which '4oK . ,Bar the owners to either build a home or move one to that
Council Minutes S rl !"'2.
location, a withdrawal of the appeal was requested. Councilman Temple stated the,
appellants questioned the closeness of the house to the railroad tracks, fire and police
safety, and the number of people ;sing the driveway, Councilman Temple suggested a, re-
rev9.ew of the City°.s policy on plot plans and further requested that Mr, Russell, the
appellant, be refunded his filing fee,
it was moved by Councilman. Temple., seconded by Councilman DiLoreto, and passed by
the following vote that Appeal, House Relocation, 7032� Dinwiddie Street, be withdrawn
at the request of tie appellant,
AYES: 4 Counciliner. Jennings, DiLoreto, Temple, Morton
NOES, 0 Counciln,or,A None
ABSENT. 1 Co^.lncilmen, Winton,
City Attorney Sore -risen stated there a.re no provisions in the Code for the refunding
of fees,
Discussion followed,
It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by
the following vote that the filing fee of $10 for Appeal, House Relocation, 7032z
Dinwiddie Street, be refunded to the appellant,
AYESP L Couzacilren, Yesriing.s, DiLoreto, Temple, Morton
NOES. 0 Councilmen: None
ABSENT° 1 Councilmen. Winton.
Councilman Temple requested the ref -and be delivered to his office, He said he will
transmit the refa-ad along with a letter to the appellant,
it was moved by Councilman e Tings, seconded by Councilman Temple, and so ordered
to approve the Minutes of the re�uiar City Council Meeting of July 10, 1972, as corrected,
it was -moved by Ccur.cilan erraings., seconded by Councilman Temple, and so ordered
to approve the Minutes of the Adjovrz,ed City C nc'1 Meeting (Planned unit Development)
of julv 17 197"
It was moved by Con Lil-mv e s Lags, seconded by Councilman Temple, and so ordered
to approve the Minutes of the regular C sv Council Meeting of July 25, 1972, as corrected,
it a�as moved. by Councilmanennings, seconded by Councilman Temple, and so ordered
to approve the Minutes of the Special City Council Meeting of August 8, 1972,
Communication from Downev Community -Ecspital regarding Two -Story Circular Structure
Proposal. It was moved. by Counciilnan Jennings, seconded by Councilman Temple, and so
ordered to set this matter on the agenda for the City Council Meeting of August 22, 1972
and that Mr, Robert. Keller, Hospital AdT.inistrator, be .notified of the allotted time,
Corm +n'catio^ from ust Anast. regjesting a hearing on Appeal, Zone Exception Case
#1067, 7970 Brookmill Road, it ,.-as moved by Councilman Jennings, seconded by Councilman
Temple, and passed by the following vote to set a h.earin.g on Appeal, Zone Exception Case
#1067, 7970 Brookmill Road, for 7,,30 p.m., September 11, 1972, in the Council Chambers of
the Downey City Fall,
AYES- 4 Councilmen„ JeTraings, DiLoreto, Temple, Morton
NOES- 0 Councilmen, None
ABSENT- I Councilme^- Winton
Communication from Department of. Treasury regarding Commendation to Downey Police
Officers, Ordered filed,
Communication from Public Utilities Commission regarding Park Water Company Rate
Increase - Denied, Ordered filed,
Communication from Public Utilities Commission. regarding Pacific Telephone Co, Rate
Increase Hearing, Ordered. filer').,
Communication from Public Utilities Commissicn regarding Southern California Water
Co, Rate increase - Granted, Ordered filed,
Council Minutes 8/14/72 - -
Comrnunication from, DoM-,r.ey Firemaen°s Association - Letter in Appreciation. Ordered
filed, Fire Chief Gain was requested to convey the City Council°s appreciation to the
President of the Firemenus Association for his letter.
Communication from Councilman DiLoreto regarding Appointment of Mr, Harry L.
Stevens, Jr,, to the Los Angeles County -Downey Regional Public Recreation Area Authority,
It was moved by Councilman 'Temple, seconded by Councilman Jennings, and so ordered
to affirm the appointment of. Mr, Harry I. Stevens, Jr „ to the Los Angeles County -Downey
Regional Public Recreation Area Authority,
Communication. from, Councilman Temple regarding Appointment of Gerald Osborn to the
Sanitation d Health Committee, So ordered
Co,rminication from Senator Alan Cranston regarding General Revenue Sharing Bi11,
Ordered filed.
Corrm=.ication from Mr, and Mrs, LeRcy Barnett regarding Commendation to Downey Police
Officers, Ordered filed.,
Co7.rru.ication from Downey Civic Chorus regarding Financial Report - Fourth Quarter
1971-72, Ordered failed,
Cosmunication .from Mrs, Marcella Otis regarding Commendation. - Water Division,
Ordered filed, it was noted that the Water Division employee is Manuel Hernandez,
Comamuuziication from County of Los Angeles regarding Animal Control Services Agreement,
Ordered filed,
LK AL CLM vS i`::or iTforr.at on only'
Ref, #069, Freddy Antonia Sierra
Ref, #070, Leonard W, Tracy
LEGtiL CLAIMS `for Council action)
Ref, #067, Roy Lee Ross
It was :loved 'by Councilman Jennings, seconded by Councilman 'Temple, and so ordered
to a,eny the. legal cLazsze o.f Roy Lee Ross and report it to the insurance carrier,
ORDINANCE NO, 424
AN ORD`i.NANCE OF 'THE CITY COUNCIL OF THE CITY OF DOWNEY
A",TNDINC THE DOWNEY MUNICIPAL CODE BY ADDING PART 1 OF
CHAPTER I OF ARTICLE 1 , SEC'TION 9136 'THROUGH 9136,9
WHICH SAID SECTION RELATES TO PLANNED UNIT DEVELOPMENT
The OrtZzaa,m e via.s read by title only, It was moved by Councilman Jennings, seconded
y Councilman Temple, and so ordered to waive further reading,
Mr, Manuuel Rivas, ox�er of the EL Palomar Iran, was excused from the meeting for the
purpose of u:a'king a. telephone ca11.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote to adopt Ordinance No, 424,
AYES 4 Councilmeno Jennings, DiLoreto, 'Temple, Morton
NOES, 0 Cou7ici.lmen� No:,e
ABSENT '° 1 Councilmen Winton
t was moved by Councilman .Jennings, seconded by Councilman Temple, and passed by
the following vote that a proposed townhouse design (Zone Exception Case #991, 7204-42
Stewart & Gray Road) taken under submission in July 1971 be returned to the Planning
Commission and permit the applicant to file a revised plan commensurate with the Planned
Unit Development Ordinance, without fee and without loss of priority,
AYES, 4 Councilmen. Jennings, DiLoretc, Temple, Morton
NOES; 0 Councilmen: None
ABSENT, 1 Councilmen, Winton
Council Minutes 8/14/72 -5-
Ordinance Relating to Miscellaneous Sales (Garage and Similar Sales)
Police Chief Morgan reported various complaints have been received regarding people
carrying on garage sales on a commercial basis. He said the Ordinance would do the
following: Limit people having garage sales or similar type sales to offering for sale
only that personal property they themselves or family had used in conjunction with that
particular residential premises; Prohibit placing personal property in front or side yard
of any residential premises; Require any person having a sale to first file an affidavit
or declaration with the Chief of Police stating the property to be sold would be his per-
sonal property or the property of a member of his family, and used only in connection
with that residence and not consigned to him for sale by any other person; Restrict the
conduct of a garage sale to one in any 12-month period and limited to not more than three
-` consecutive days or two consecutive weekends.
Discussion followed regarding areas limited for the garage sales.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADDING CHAPTER 8 TO ARTICLE VI OF THE DOWNEY MUNICIPAL
CODE, WHICH SAID CHAPTER CONSISTS OF SECTIONS 6801 AND
6802 AND RELATES TO MISCELLANEOUS SALES
The Ordinance was read by title only. It was moved by Councilman Jennings, seconded
by Councilman Temple, and so ordered to waive further reading.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote to introduce the Ordinance.
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: I Councilmen: Winton
RESOLUTION NO. 2707
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING THE DIRECTOR OF PUBLIC WORKS TO MAKE A REPORT
PURSUANT '10 THE STREET LIGHTING ACT OF 1919 (ANNEXA-
TTON 72/15 AND 72/16
The Resolution was read by title only. It was moved by Councilman Jennings,
seconded by Councilman Temple, and so ordered to waive further reading.
It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by
the following vote to adopt Resolution No. 2707.
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
Public Works Director Spindel reported that 60 percent of the property owners are
in favor of the street lighting. He said the annual operating cost would be assessed
at $.21 per $100. assessed value.
It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered
to receive and file the report of the Director of Public Works.
It was noted by Mayor Pro Tem. Morton that the following Resolution sets the hearing
on Lighting District Annexation 72/15 and 72/16 for September 11, 1972.
RESOLUTION NO. 2708
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS TO THE
DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH
ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE
STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL
JANUARY 31, 1983 (ANNEXATION 72/15 AND 72/16)
The Resolution was read by title only. It was moved by Councilman Jennings,
seconded by Councilman Temple, and so ordered to waive further reading.
Council Minutes 8/14/72 -6-
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote to adopt Resolution No. 2708.
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. 2709
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, AUTHORIZING SETTLEMENT OF CERTAIN LITIGATION
(EDGINGTON OIL CO.)
The Resolution was read by title only. It was moved by Councilman DiLoreto,
seconded by Councilman Temple, and so ordered to waive further reading.
It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by
the following vote to adopt Resolution No. 2709.
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
RESOLUTION N0, 2710
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, AUTHORIZING SETTLEMENT OF CERTAIN LITIGATION
(WITCO CHEMICAL CORP.)
The Resolution was read by title only. It was moved by Councilman Temple, seconded
by Councilman Jennings, and so ordered to waive further reading.
It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by
the following vote to adopt Resolution No. 2710.
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
RESOLUTION NO, 2711
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING JAIL INMATE WORK POLICY
The Resolution was read by title only.
Responding to questions by the City Council, Police Chief Morgan explained the main
purpose of the Resolution is to remove the potential liability of the City under Workmen's
Compensation for sentenced prisoners working for the City while in custody. He said if
action is not formalized by resolution that sentenced prisoners will work, then the City
will be subject to a fee to State Compensation based on $40. per inmate per week. He
stated if the action is formalized, the City will not be assessed.
Discussion followed.
It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered
to waive further reading.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote to adopt Resolution No. 2711.
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. 2712
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THEATRE AND COMMUNITY CENTER RENTAL FEES
The Resolution was read by title only. It was moved by Councilman Jennings, seconded
by Councilman Temple, and so ordered to waive further reading.
Council Minutes 8/14/72 -7-
It was moved by Councilman Jennings, seconded by Councilman Temple,
following vote to adopt Resolution No. 2712.
and passed by the
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. WS-803
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 52981 -
53511, $216,447.55 -- PAYROLL)
The Resolution was read by title only. It was moved by Councilman Jennings, seconded
by Councilman Temple, and so ordered to waive further reading.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the
following vote to adopt Resolution No, WS-803.
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. WS-804
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 53512 -
54206, $229,809.73 -- PAYROLL)
The Resolution was read by title only. It was moved by Councilman Jennings, seconded
by Councilman Temple, and so ordered to waive further reading.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the
following vote to adopt Resolution No, WS-804.
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. WS-805
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 20800 -
21026, $224,399.84)
The Resolution was read by title only. It was moved by Councilman Jennings, seconded
by Councilman Temple, and so ordered to waive further reading.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the
following vote to adopt Resolution No. WS-805.
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
Councilman Temple requested the Director of Finance to reflect more descriptive
information on those general warrants dispensed for "Miscellaneous Purchases".
Mayor Pro Tem Morton declared a recess at 8:47 p.m. The meeting resumed at 8:58 p.m.
with Councilmen Jennings, DiLoreto, Temple, Morton present; Councilman Winton absent.
Mayor Pro Tem Morton stated a continuation of the hearing on Appeal, Revocation of
Police Permits -- E1 Palomar Inn 12165 Paramount Boulevard, will be heard at this time.
Mr. James P. Hagerstrom, Attorney at Law, 1150 Union St., San Diego, attorney for
the applicant, Manuel Rivas, announced his presence at the meeting.
Council Minutes 8/14/72 -8-
Police Chief Morgan gave a brief explanation of the reasons for the revocation of
the permits and of the police officers' testimony given at the beginning of the hearing.
He explained further that the Court docket in regard to the citations issued reveals some
of the charges against Mr. Rivas were dismissed, others were combined, and the fine for
the various charges to which Mr. Rivas pleaded nolo contendere was two years probation,
$250. fine, and $65. penalty assessment.
Mr. Hagerstrom stated it is his understanding the violation of remaining open after
2:00 a.m. was a matter of a clock being on slow time and was not any great violation.
He pointed out that the Melody Room, Inc., has entered into a conditional contract to
sell its right, title and interest to the El Palomar Inn, and he said in order to sell a
going business, it is important that the business keep going until the consummation of
sale.
Mayor Pro Tem Morton explained the hearing will continue to allow the police officers
to present their testimony regarding events Leading up to the revocation, and Mr.
Hagerstrom will be given an opportunity to ask questions or make remarks after each police
officer has testified.
Police Chief Morgan called upon the following police officers to testify in the in-
vestigation proceedings. Each officer was sworn in by the City Clerk, and Chief Morgan
confirmed the employment status of each officer at the time of conducting an investigation.
Detective John Abbey
Officer Gil Sifuentes
Detective Ed Walker
Speaking to the violation of employing a minor, Mr. Manuel Rivas stated the employee
showed him a birth certificate indicating she was 24 years old and also showed him her
Social Security card, Regarding the violation of serving a minor, Mr. Rivas said the
patron showed a birth certificate to one of his employees.
It was stated by Mr. Hagerstrom that since the charges against Mr. Rivas are still
pending in the Courts, he felt it inappropriate to discuss them.
Police Chief Morgan called upon Mr. Carl Faletta of the Alcoholic Beverage Control
to testify in the proceedings. He was sworn in by the City Clerk, and Chief Morgan con-
firmed his employment status at the time of conducting an investigation.
Mr. Carl Faletta, stated the ABC has filed accusations against the licensee, Melody
Room, Inc., which alleges seven counts involving sales to minors, minors consuming
alcoholic beverages, minors employed, and after -hour violations at the premises. He
said no disposition has beer-, made of this case. Mr. Faletta commented that Mr. Rivas
has the option of either accepting ABC's recommended penalty or going to hearing on
the matter, and to his knowledge no response has been made. He spoke of the possibility
of another accusation against Mr. Rivas involving narcotics transactions at the premises,
but this has not been officially registered in Sacramento. Mr. Faletta answered
questions of Chief Morgan and the City Council.
Mayor Pro Tem Morton inquired if the applicant, or his attorney, wished to address
the City Council in favor of the appeal.
Mr. Hagerstrom stated Melody Room, Inc., entered into a. contract for the sale of
fixtures and inventory license to another person. He requested that the El Palomar Inn
be allowed to remain in business for the next 30 days in order to consummate the sale,
and that the business remain open under a probationary status with the City.
Councilman Jennings asked Mr. Hagerstrom the names of the officers of the corporation,
and Mr. Hagerstrom replied that Mr. Rivas and his brother are the officers, with presumably
one of the wives as secretary -treasurer.
Mayor Pro Tem Morton inquired if there was anyone else present who wished to speak in
favor of the appeal, and there was no response. He inquired if there was anyone present
who wished to speak in opposition, and there was no response.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the
following vote to close the hearing on Appeal, Revocation of Police Permits -- El Palomar
Inn, 12165 Paramount Boulevard.
AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
Council Minutes 8/14/72 -9-
It was requested by Councilman DiLoreto and so ordered that the Court Docket Sheet
from the Municipal Court of Downey, Case No, M87219, People of the State of California vs.
Manuel Gonzales Rivas, defendant, which indicates Mr, Rivas did enter a plea with respect
to one of the first allegations, be made a part of the City Council°s record for the pur-
pose of this hearing.
It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the
following vote to affirm the action of the Chief of Police in revoking the permits at
E1 Palomar Inn, 12165 Paramount Blvd,, and to deny the appeal.
AYES: 4 Councilmen: ,;ensnings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT; 1 Councilmen; Winton
It was noted that the appeal was denied and the action of the Chief of Police
affirmed by majority vote of the City Council- Under the City"s Ordinance, the revocation
is effective as of this time and date,
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the
following vote to approve plans and specifications and grant authority to advertise for
bids on Cash Contract 46318, Unit i, Pangborn Avenue, Via. Amorita to Florence Ave. Service
Road,
AWES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: 'force
ABSENT: 1 CouncilmenT Winton
It was noted by the. Director of Public Works that the estimated total cost for the
construction under Storm DraiLn. Boned issue 9005, Cecilia Street, would be approximately
$6,000 (Cash. Contract P S-2.62).
It was moved by Councilman Venn.ings, seconded by Councilman Temple, and passed by
the following vote to authorize the issuance of a Purchase Order to pave portions of
Cecilia Street outside the limits of the storm drain trench on Storm Drain Bond Issue
9005, Cecilia Street,
AYES: 44 Councilmen: Jennings, DiLoreto, Temple, Morton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Winton
Public Works Director Spind.el reported on a. summary of the Public Works Projects for
Fiscal Year 1971-72, He said the list of projects includes projects not only financed
with City funds but financed by other agencies and private property funds, Submitted for
information only,;
It was moved. by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote to approve Professional Services - Golf Course Irrigation System
Design, subject to approval of the Park & Recreation Commission, in the event it has not
already done so, and authorize the Mayor to sign the letter on behalf of the City, subject
to the addition of conditions contained in the report of the Director of Park and
Recreation,
AYES: 4 Councilmen* Jennings, DiLoreto, Temple, Morton
NOES; 0 Councilmen: None
ABSENT: 1 Councilmen; Winton
Councilman Sennings questioned the installation of a hydraulic system and stated he
would like to be assured that the hydraulic system is better than the electric system
before proceeding with the irrigation system,
CITY MANAGERS REPORT
Assistant City Manager Donald B. Robison reported on a, request from the Director of
Park d Recreation for a Leave of Absence Without Pay for Terry Lortz, Maintenance Man,
for the period of September 8, 1972 to .=une 8, 1973, in order for Mr. Lortz to complete
his Associate of Arts D:gree at Cerritos College. He said the approval is recommended
by the Director of Parks Recreation and it is hoped that one of the hourly personnel
can fill the position., Mr. Robison stated if the position cannot be filled, there will
have to be someone recruited to fill the position, or Mr. Lortz would have to return
to work, and approval is requested on that basis.,
Council Minutes 8/14/72 -10-
:d
niq
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote that subject to condition contained in the fourth paragraph of the
Park Director's memorandum to approve a Leave of Absence Without Pay for Terry Lortz,
Maintenance Man.
AYES: 3 Councilmen: Jennings, Temple, Morton
NOES: 1 Councilmen: DiLoreto
ABSENT: 1 Councilmen: Winton
Mayor Pro Tem Morton commented on a report and recommendation of the Director of
Finance regarding Utility Users Tax Refunding. He said the amount set in the Ordinance
was based on the Federal Poverty Standards, and requests have been received asking for a
re -analysis on the basis of providing additional refund to persons on fixed incomes.
Mayor Pro Tem Morton stated the recommendation has been to continue the refunding policy
as originally adopted, however, he would request no action be taken at this time.. He
asked that Councilman Jennings meet with the Director of Finance for a further review of
this matter.
Councilman Jennings stated his willingness to work with the Director of Finance on
this matter.
Councilman DiLoreto requested that thought be given toward the recommendation of a
definite monthly income that would be eligible for a refund.
There being no objections, it was so ordered.
ORAL COMMUNICATIONS
Mayor Pro Tem Morton stated there was a meeting held with regard to the Century
Freeway, which was attended by Councilmen Jennings and DiLoreto, Public Works Director
and City Attorney. He asked for a report on the meeting.
Councilman DiLoreto commented that the freeway meeting was organized to gain con-
sensus of opinion as to what action the various cities should take as a result of the
Federal Court's intervention of the Century Freeway, and there was no unanimity as to
what should be done. He reported on the various courses of action discussed.
City Attorney Sorensen commented that he has filed an Application for Leave to
Intervene and a Document in Intervention on behalf of the City of Downey, which will
enable the City to present its argument at a hearing set for August 28. He gave a report
on a meeting attended by City Attorneys representing the corridor cities„ representatives
of the State, and a Federal Attorney to discuss what action to take as a result of the
Federal injunction..
Councilman DiLoreto and Mayor Pro Tem Morton stated they would be on vacation during
the next City Council Meeting,
Public Works Director Spindel invited the City Council, Department Heads, and persons
present in the audience to attend the ground breaking for the driving range structure at
the Downey Rio Hondo Country Club at 11:30 a.m., August 15th.
Public Works Director Spindel commented on the loyalty and courageous spirit of Mrs.
Rae McFaul, an employee in the Public Works Department since 1960, who succumbed after a
long illness.
There bein_ no further business to come before the City Council, the meeting was
adjourned at 10:03 p.m. in memory of Mrs. Rae McFaul.
ROBERT L. SHAND, CITY CLERK DONALD H. WINTON, MAYOR
Council Minutes 8/14/72 -11-