HomeMy WebLinkAboutMinutes-08-28-73-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 28, 1973
T A B L E O F M I N U T E A C T I O N S
SUBJECT:
ACTION:
PAGE NO.
Zero Defects Quarterly Awards
1
Ordinance Extending Prohibition against
Issuance of Bldg. Permits for Const.
of Apartment Houses, excpt on auth. of
Council, during study of aptmt. zoning
Introduced
1
Ordinance Extending Prohibition against
Conversion of Aptmt. Bldgs. to Condominiums,
excpt, on auth. of Planning Comm. during
study of Condominium Development
Introduced
2
Minutes & Correction, August 13, 1973
Approved
2
Comm, from Southeast Taxi re Application
for Change in Taxicab Rates
Taken under submission
3
Legal Claims (information only)
Ref. #121, Mrs. Kenneth A. Lewis
Ref. #1229 Marilyn Malloy
Ref. #123, Shirley Bouldin
Ref. 4124, Tracy Bouldin, a minor
Ref. #125, Beatrice Hart
Ref. #126, Judean Bouldin
No action
3
Ordinance, Amending Sec. 3205 DMC re
Introduced; request for
Bicycle License Fees
breakdown d cost to City
3
Resolution #2845, Designating Wiley Burke Av.
thru Street at Intersection with Florence
Frontage Road
Adopted
3
Resolution #2846, Designating Klondyke Ave.
thru Street at Intersection with Prichard
Adopted
3
Resolution #2847, Fixing Nec. Revenue
from Property Taxes Fiscal Year 1973-74
Adopted
4
Resolution #2848, Setting Property Tax Rate
for Fiscal Year 1973-74
Adopted
4
Resolution #2849, Setting Property Tax Rate
of Lighting District, Fiscal Year 1973-74
Adopted
4
Resolution #2850, Adopting Street Lighting
Dist. Budget, Fiscal Year 1973-74
Adopted
4
Resolution #2851, Apprvg. Reappointment of
Gloria Heer to Library Advisory Board
Adopted
5
General Warrants #26456 - 26674
Approved
5
CC #SS-269, Brookshire Ave., Florence to
Otto - Award of contract
Approved
5
Street Dance changed by Centenniel Committee
to Stonewood Parking Lot
No action
5
Sidewalk Matching Funds, various locations,
Approved
5
Advertising for Bids, Landscaping Materials,
- Wilderness Park
Authorized
5
Report on Workmen's Compensation Ins. Premium
No action
6
Status report on V.T.N. Contract
No action
6
Report on acceptance of Captain Stone to
F.B.I. National Academy
No action
6
Location of Downey Second Century Time Capsule Ref. to Mr. Swearingen d Park Dir. 6
Page 1 of 1
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 28, 1973
The City Council of the City of Downey held a regular meeting at 8:00 a.m.,
August 28, 1973, in the Council Chambers of the Downey City Hall, Mayor Pro Tem
Richard M, Jennings presiding.
PRESENT: Councilmen: Joseph E. DiLoreto, Walter S. Temple,
Richard M. Jennings
ABSENT: Councilmen: Donald H. Winton, Thomas H. Morton
ALSO PRESENT: Charles W. Thompson, City Manager
Donald B. Robison, Assistant City Manager
Royal M. Sorensen, City Attorney
Ervin Spindel, Director of Community Development
James D. Ruth, Director of Parks d Recreation
Loren D. Morgan, Police Chief
Edwin H. Wood, Fire Chief
Russ K. Reynolds, Purchasing Agent
Francis Carter, Assistant City Planner
William Fritsche, Assistant Building Official
Jeanne Cook, Deputy City Clerk -Treasurer
Judy McDonnell, Executive Secretary
Councilman Walter Temple delivered the Invocation, followed by the Flag Salute led
by Councilman Joseph DiLoreto.
With the assistance of Public Works Director Ervin Spindel and Sharon Ringo, Miss
Public Works, Mayor Pro Tem Richard Jennings presented a Zero Defects Quarterly Award
to Kenny Sem, Maintenance Sub -Foreman, Robert Larsen, Junior Civil Engineer, also a
recipient of the award, was not present,
Mayor Pro Tem Richard Jennings declared
public hearing on Interim Ordinance relating
Moratorium on the Issuing of Building Permits
He inquired if Deputy City Clerk Jeanne Cook
Mrs. Cook responded in the affirmative.
that this is the time and place for the
to the Imposition and Extension of a
Construction of Apartment Houses
.ffidavit of Publication, to whic
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple,
and so ordered to receive and file the Affidavit,
Assistant City Planner Francis Carter reported emergency ordinances were adopted
by the City Council effective for a period of four months and the interim ordinance
would continue Ordinance Nos. 435 and 439 for a period of eight months to allow staff
and the consultants to develop the zoning ordinance to control apartment development.
Mayor Pro Tem Jennings inquired if the Deputy City Clerk had received any corres-
pondence on this matter, and she replied she had not.
Mayor Pro Tem Jennings inquired if there was anyone present who wished to speak
regarding the interim ordinance, and there was no response.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and so ordered to close the hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
EXTENDING THE PROHIBITION AGAINST THE ISSUANCE OF BUILD-
ING PERMITS FOR THE CONSTRUCTION OF APARTMENT HOUSES,
EXCEPT UPON AUTHORIZATION OF THE CITY COUNCIL, DURING A
PERIOD OF STUDY OF APARTMENT HOUSE ZONING
The Ordinance was read by title only. It was moved by Councilman Joseph DiLoreto,
seconded by Councilman Walter Temple, and so ordered to waive further reading.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple,
and passed by the following vote to introduce the Ordinance.
Council Minutes 8/28/73 -1-
AYES: 3 Councilmen: DiLoreto, Temple, Jennings
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Winton, Morton
Mayor Pro Tem Richard Jennings declared that this is the time and place for the
public hearing on Interim Ordinance relating to Imposition and Extension of a Moratorium
on the Conversion of Existing Apartment Buildings into Condominiums. He inquired if
Deputy City Clerk Jeanne Cook had the Affidavit of Publication, to which Mrs. Cook
responded in the affirmative.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple,
and so ordered to receive and file the Affidavit.
Assistant City Planner Francis Carter reported Ordinance No. 436 was adopted to
prohibit the conversion of apartment buildings to condominiums and was adopted for a
90-day period. He said the interim ordinance will control the conversions for a
one-year period to allow staff the opportunity to develop an ordinance to control this
type of ownership.
Mayor Pro Tem Jennings inquired if the Deputy City Clerk had received any corres-
pondence on this matter, and she replied she had not.
Mayor Pro Tem Jennings inquired if there was anyone present who wished to speak
regarding the interim ordinance, and there was no response.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and so ordered to close the hearing.
Councilman DiLoreto explained the reason for the interim ordinance is that some of
the apartments converted to condominiums have not provided the necessary requirements
one would expect in purchasing an actual piece of property where he or she would reside
on a permanent basis.. He said this will give the Council the opportunity to review
every case and determine whether or not they have met the requirements of the Downey
Code regarding conversion of apartments to condominiums.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
EXTENDING THE PROHIBITION AGAINST THE CONVERSION OF
EXISTING APARTMENT BUILDINGS INTO CONDOMINIUM OWNERSHIP,
EXCEPT UPON AUTHORIZATION OF THE PLANNING COMMISSION,
DURING A PERIOD OF STUDY OF CONDOMINIUM DEVELOPMENT
The Ordinance was read by title only, It was moved by Councilman Walter Temple,
seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and passed by the following vote to introduce the Ordinance.
AYES: 3 Councilmen: DiLoreto, Temple, Jennings
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Winton, Morton
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and so ordered to approve the Minutes and Correction of Minutes of the City Council
Meeting of August 13, 1973,
Communication from Public Utilities Commission regarding Authority to increase
rates for Park Water Company. Ordered filed.
Public Works Director Ervin Spindel distributed to the Council a chart comparing
Downey°s water rates to Park Water Co. and Southern California Water Co.
Communication from Park Water Company regarding Changes in Tariff Schedules.
Ordered filed.
Communication from Downey Jaycees regarding Appointment of Mike Spearman as the
Jaycees representative of the Downey Second Century Foundation. Ordered filed.
Communication from Southeast Taxi Co., Inc., regarding Application for Change in
Taxicab Rates.
Council Minutes 8/28/73 -2-
Mr. Robert Davis, 8607 Via Amorita, Downey, representing Southeast Taxi, explained
the reason for the requested increase is higher expenses, and he said the new rate is
comparable to rates of neighboring cities: Los Angeles County, Huntington Park,
Maywood, Bell, Bell Gardens, Commerce, Vernon, Cudahy, Pico Rivera, South Gate, and
Compton.
Discussion ensued.
Councilman Joseph DiLoreto requested this matter be taken under submission for a
further report from the City Manager after he has had an opportunity to meet with
Southeast Taxi and determine whether or not the rate increase is justified, and if it
is, at what rate.
The matter was taken under submission. City Manager Charles Thompson indicated
he will attempt to have this matter back to the Council at its next meeting.
Communication from Donald R. Holm, President, Plastic Mold Company, regarding
Commendation to Captain Goltra of the Downey Fire Department. Ordered filed.
LEGAL CLAIMS (for information only)
Ref. #121, Mrs. Kenneth A. Lewis
Ref. #122, Marilyn Malloy
Ref. #123, Shirley Bouldin
Ref. #124, Tracy Bouldin, a minor
Ref. #125, Beatrice Hart
Ref. #126, Judean Bouldin
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3205 OF THE DOWNEY MUNICIPAL CODE
WHICH SAID SECTION RELATES TO BICYCLE LICENSE FEES
The Ordinance was read by title only. It was moved by Councilman Walter Temple,
seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple,
and passed by the following vote to introduce the Ordinance.
AYES: 3 Councilmen: DiLoreto, Temple, Jennings
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Winton, Morton
Mayor Pro Tem. Richard Jennings requested the Council receive a breakdown on the
number of bicycles licensed each year and the cost to the City if the Council does not
increase the fee.
RESOLUTION NO. 2845
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DESIGNATING WILEY BURKE AVENUE A THROUGH STREET AT ITS
INTERSECTION WITH THE FLORENCE AVENUE FRONTAGE ROAD
The Resolution was read by title only. It was moved by Councilman Walter Temple,
seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and passed by the following vote to adopt Resolution No. 2845.
AYES:
3
Councilmen:
DiLoreto, Temple, Jennings
NOES:
0
Councilmen:
None
ABSENT:
2
Councilmen:
Winton, Morton
RESOLUTION NO. 2846
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DESIGNATING KLONDIKE AVENUE A THROUGH STREET AT ITS
INTERSECTION WITH PRICHARD STREET
The Resolution was read by title only. It was moved by Councilman Walter Temple,
seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading.
Council Minutes 8/28/73 -3-
m S.S Ffl ZO
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and passed by the following vote to adopt Resolution No. 2846.
AYES: 3 Councilmen: DiLoreto, Temple, Jennings
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Winton, Morton
RESOLUTION NO. 2847
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
FIXING NECESSARY REVENUE FROM PROPERTY TAXES FOR FISCAL
YEAR 1973-74
The Resolution was read by title only. It was moved by Councilman Walter Temple,
seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and passed by the following vote to adopt Resolution No. 2847.
AYES:
3
Councilmen:
DiLoreto, Temple, Jennings
NOES:
0
Councilmen:
None
ABSENT:
2
Councilmen:
Winton, Morton'
RESOLUTION NO. 2848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SETTING THE PROPERTY TAX RATE FOR FISCAL YEAR 1973-74
The Resolution was read by title only. It was moved by Councilman Walter Temple,
seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and passed by the following vote to adopt Resolution No. 2848.
AYES: 3 Councilmen: DiLoreto, Temple, Jennings
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Winton, Morton
RESOLUTION NO. 2849
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SETTING THE PROPERTY TAX RATES OF THE LIGHTING DISTRICTS
FOR FISCAL YEAR 1973-74
The Resolution was read by title only. It was moved by Councilman Walter Temple,
seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and passed by the following vote to adopt Resolution No. 2849.
AYES: 3 Councilmen: DiLoreto, Temple, Jennings
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Winton, Morton
RESOLUTION NO. 2850
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE STREET LIGHTING DISTRICTS BUDGET FOR
FISCAL YEAR 1973-74
The Resolution was read by title only. It was moved by Councilman Walter Temple,
seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and passed by the following vote to adopt Resolution No. 2850.
AYES;
3
Councilmen:
DiLoreto, Temple, Jennings
NOES:
0
Councilmen:
None
ABSENT:
2
Councilmen:
Winton, Morton
Council Minutes 8/28/73 -4-
RESOLUTION NO. 2851
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF MRS. GLORIA HEER AS A
MEMBER OF THE LIBRARY ADVISORY BOARD
The Resolution was read by title only. It was moved by Councilman Walter Temple,
seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and passed by the following vote to adopt Resolution No. 2851.
AYES:
3
Councilmen:
DiLoreto, Temple, Jennings
NOES:
0
Councilmen:
None
ABSENT:
2
Councilmen:
Winton, Morton
Mayor Pro Tem Richard Jennings declared a recess at 8:28 a.m, for consultation
with the City Attorney. The meeting resumed at 8:35 a.m. with Councilman DiLoreto,
Temple, Jennings present; Councilmen Winton, Morton absent.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and so ordered to approve General Warrants #26456 - 26674, $1 115,674.17.
Following a summation of bids, it was moved by Councilman Walter Temple, seconded
by Councilman Joseph DiLoreto, and passed by the following vote to award Cash Contract
#SS-269, Brookshire Avenue, Florence Avenue to Otto Street, in the unit prices bid for
the Alternate Bid, to Maness Excavating and Grading, Inc. of Paramount, and reject all
other bids.
AYES: 3 Councilmen: DiLoreto, Temple, Jennings
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Winton, Morton
City Manager Charles Thompson indicated the location of the Street Dance, Dolan
Avenue between 2nd and 3rd Streets, has been changed by the Centennial Committee to the
Stonewood Parking Lot, and there will be no need to act upon this particular matter.
No action.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto,
and passed by the following vote to approve Sidewalk Matching Funds at the following
locations:
Estimated
M.F. No.
Address
City Cost
230
9273 Klinedale Avenue
$ 94.00
231
8202 E. Florence Avenue
176.00
232
12302 Julius Avenue
94.00
233
9256 S. Klinedale Avenue
96.00
234
9269 S. Klinedale Avenue
58.00
235
7006 Pellet Street
101.00
236
7045 Luxor Street
186.00
Total Estimated City Cost
$ 805.00
AYES: 3
Councilmen: DiLoreto, Temple, Jennings
NOES: 0
Councilmen: None
ABSENT: 2
Councilmen: Winton, Morton
It was moved
by Councilman Walter Temple, seconded by Councilman
Joseph DiLoreto,
and passed by the
following vote to authorize the Advertising for Bids
for Landscaping
Materials at Wilderness Park.
Mayor Pro Tem Richard Jennings inquired about seeking donations for
this project.
- Councilman Walter
Temple replied that as chairman of the committee the
plan is to buy
everything and then go out for donations for community participation.
Discussion followed.
Parks & Recreation Director James Ruth explained it is necessary to go out to bid
for the best possible price and any donations received after the bids could be used for
Council Minutes 8/28/73 -5-
It _�c ,
additional plant materials or to reimburse the City for the materials purchased. He
spoke of the necessity for going out to bid in order to have the plant materials placed
in the park by October.
Roll call vote:
AYES: 3 Councilmen:
NOES: 0 Councilmen:
ABSENT: 2 Councilmen:
DiLoreto, Temple, Jennings
None
Winton, Morton
City Manager Charles Thompson announced that information has been received from
the State Compensation Insurance Fund that the City's Workmens Compensation Insurance
premium will be reduced by 7% for the current fiscal year and will result in dollar
savings of between $10,000 and $15,000 for the coming fiscal year. He commended the
personnel in the City who have made this possible, as well as the Safety Committee
members who have worked diligently on this matter. Mr. Thompson said full particulars
will be submitted by memo to the City Council.
Mr. Thompson reported on the status of the V.T.N. contract concerning the Open
Space Element and revisions in the Comprehensive Zonine Ordinance. He stated he has
met with the principals of V.T.N., and in his opinion the contract is proceeding well
within the requirements and, in fact, V.T.N. is approximately one month ahead of
schedule. Mr. Thompson said he is satisfied with the understanding displayed and the
schedule being maintained on the contract.
Councilman Walter Temple asked if an ordinance to adopt the General Plan will be
submitted by October 31st. Mr. Thompson replied V.T.N. has indicated a draft ordinance
will be submitted near the end of September, and it has already been submitted to staff
for study. He said the schedule calls for the final ordinance to be submitted the end
of October.
Discussion followed.
Mr. Thompson explained V.T.N. will write the ordinance as soon as it knows which
recommendations have been accepted by the City.
As a further announcement, Mr. Thompson indicated Captain
Police Department has been accepted by the F.B.I. National Acad
program beginning September 17th through December 7th. He said this was approved in
the Budget, and he commended the Police Department, Chief Loren Morgan, and Captain Stone.
ORAL COMMUNICATIONS
Mr. Lyell Swearingen, 7870 Arnett, Downey, requested Council consideration for a
site for the Downey Second Century Time Capsule. A report was submitted, prepared by
Bob Weber, and reviewed in part by Mr. Swearingen. He said the Foundation has suggested
space in the Downey Theatre Memorial Plaza as an appropriate site, with a plaque at
surface level to identify the site.
Mayor Pro Tem Richard Jennings requested this matter be turned over to Mr.
Swearingen and Mr. Jim Ruth, Director of Parks & Recreation, for preparation of a small
sketch to be submitted to the City Council for action at the next meeting.
Mr. Bob Weber, 12033 Morning Avenue, Downey, indicated Mr. Koplien, who will be
fabricating and donating the capsule, will be leaving September 25th for an extended
tour, and he suggested Mr. Koplien be given the dimensions prior to September 25th so
that the capsule can be fabricated and ready for use by the Downey Centenniel. He
offered several suggestions for future use of the capsule.
The matter was referred to Mr. Lyell Swearingen and Mr. Jim Ruth, Director of
Parks & Recreation, for selecting the location of the capsule and preparation of a
sketch for submission to the City Council for action.
Referring to Section 501 of the City Charter with regard to Eligibility to Hold
Office, Councilman Joseph DiLoreto asked the City Attorney for his opinion regarding a
recent Supreme Court decision on the two-year residency requirement.
City Attorney Royal Sorensen stated he believes the Court has indicated a 30-day
requirement, and if someone were to raise the issue, it could be said the Downey
Charter provision would not be enforceable.
Council Minutes 8/28/73 -6-
Councilman Walter Temple spoke of the Wilderness Park committee seeking community
participation and donations from individuals, groups, businesses, etc., to help develop
the Wilderness Park and make the community a part of this development. He reported on
a meeting which was very well attended and stated he will be forwarding a list of those
who attended to each Councilman.
Community Development Director Ervin Spindel introduced his two daughters, Debbie
and Joan.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple,
and so ordered to adjourn the meeting to 5:00 p.m., September 6, 1973, in the Council
Chambers of the Downey City Hall.
The meeting was adjourned at 8:58 a.m.
ROBERT L. S /HAND, CITY CLERK -TREASURER THOMAS H. MORTON, MAYOR
Council Minutes 8/28/73 -7-