HomeMy WebLinkAboutResolution No. 2468 RESOLUTION NO. 2468
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS POSITION ON THE ROUTE DESIGN ADOPTED BY
THE STATE HIGHWAY COMMISSION FOR THE INTERSTATE ROUTE
105 FREEWAY AND REQUESTING THE COMMISSION TO RE -OPEN
HEARINGS ON THAT PORTION OF THE FREEWAY PROPOSED FOR
CONSTRUCTION THROUGH THE CITY OF DOWNEY
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
WHEREAS, subsequent to the Public Hearings held by the State Highway
Commission and subsequent to the approval of the "Orange Route" by the
State Highway Commission based on reliance on verbal, visual, and written
presentations by the State Highway Department, the State Highway Depart-
ment presented to the City of Downey a proposed Engineering Design vastly
different than that previously discussed and vastly different than that
presented to the State Highway Commission; and
WHEREAS, it would appear that the decision of the State Highway
Commission was predicated solely on the material presented to it and that
the Commission apparently did not have the benefit of an open and frank
presentation of the Engineering Design actually contemplated by the State
Highway Department; and
WHEREAS, it appears that the decision of the State Highway Commission
on the proposed route through Downey may have been based on a mistake -of-
fact, therefore giving rise to a possible question as to the validity of
its decision; and
WHEREAS, the City of Downey, after learning of the real intent of
the State Highway Department regarding the changed Engineering Design,
and in an effort to be cooperative, offered a freeway design and route
for construction of the freeway through the City of Downey that would be
more compatible with the desires, needs, and intent of the City of Downey;
and
WHEREAS, the design and route offered by the City of Downey differs
mainly in alignment from the route adopted by the State Highway Commission
and differs from that actually intended by the State Highway Department,
of which at the time of the Commission's decision the Commission apparently
had knowledge; and
WHEREAS, both the City Council of the City of Downey and the Downey
Unified School District are on record as favoring the design and route now
recommended by the City of Downey; and
WHEREAS, to the knowledge of the City of Downey, the State Highway
Department does not oppose consideration by the Commission of the route
now proposed by the City of Downey; and
WHEREAS, the only apparent opposition to such consideration has been
a small segment of the City of Bellflower, through which no portion of the
freeway would traverse; and
WHEREAS, the route as proposed by the City of Downey and the route
originally adopted by the State Highway Commission are both completely
contained within the City limits within the City of Downey; and
WHEREAS, the City of Downey is the only municipal agency with the
authority to execute a street closing agreement within the City of Downey;
and
WHEREAS, to the knowledge of the City of Downey there are no laws of
record that would authorize a citizen of another city or the City Council
thereof to determine the policies of, developments within, or governmental
procedures pertaining to the City of Downey, which is a chartered city; and
WHEREAS, to the knowledge of the City of Downey there are no laws of
record that would substantiate the recent denial of the State Highway
Commission to re -open route hearings on that portion of the freeway within
the city limits of the City of Downey, particularly where there is some
indication the original decision of the State Highway Commission on the
so- called "Orange route" may have been predicated on a mistake -of -fact;
and
WHEREAS, the City Council of the City of Downey is dedicated, to the
extent possible, to an effort to protect future planning for accomplishment
of stable residential neighborhoods within the City of Downey; and
WHEREAS, the City of Downey believes it has sufficient information to
indicate to the State Highway Commission that the route now recommended by
the City of Downey is more compatible with the needs of the City of Downey,
less disruptive to the City of Downey, and would lessen the possibility of
future blight conditions than the route adopted by the State Highway
Commission; and
WHEREAS, the route now recommended by the City of Downey is equal in
capacity to that route adopted by the State Highway Commission; and
WHEREAS, the route proposed by the City of Downey will have absolutely
no effect on terminus points pertaining to the adjacent cities of Norwalk
and Paramount; and
WHEREAS, the City of Downey firmly believes a further Public Hearing
by the Commission is not only justified by the facts but is mandatory
under the circumstances and would be in the best interests of all concerned;
and
WHEREAS, it is the firm belief of the City of Downey that the State
Highway Commission will want, on its own motion and to clear the record, to
grant a re- hearing pertaining solely to that portion of the proposed free-
way as it would traverse the City of Downey;
NOW, THEREFORE, BE IT RESOLVED:
That the City Council of the City of Downey does hereby request the
California State Highway Commission re -open Route Hearings on that portion
of the Interstate 105 Freeway proposed for construction through the City
of Downey and that such hearings be conducted in the immediate future;
BE IT FURTHER RESOLVED:
That the City Council of the City of Downey does hereby request the
California State Highway Commission to adopt that route within the City of
Downey as now proposed by the City Council of the City of Downey.
The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 9th day of November, 1970.
Mayor
ATTEST:
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City Clerk
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
City Council of the City of Downey at a regular meeting thereof held on the
9th day of November, 1970, by the following vote, to wit:
AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
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City Clerk