HomeMy WebLinkAboutMinutes-09-22-70-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
SEPTEMBER 229 1970
T A B L E O F M I N U T E A C T 1 0 N 5
SUBJECT: ACTION: PAGE NO.
Minutes, September 14, 1970 Approved
Petition re Dodge Truck Facility, Telegraph Rd. Ref. to Staff for invest.
Downey Museum of Art Agreement Ref. to P&R Commission
Ordinance #385, Amending Sec. 7401, DMC,
Relating to Public Easements Adopted
Ordinance Granting Franchise, So. Calif.'
Water Co. Ref. to Staff for recomm.
Res. #2451, Parking Control, Nash Ave.,
Firestone to McCahill Adopted
Res. #2452, Parking Prohibitions E/side
Paramount Blvd. for Street Cleaning Adopted
Res. #2453, Designating Davis St.
Through Street at Dolan Ave.
Adopted
Res. #2454, Designating Richeon Ave.
Through St. at Horley Ave.
Adopted
Res. #2455, Endorsing L.A. County Prop. "At'
(storm drain bond issue)
Adopted
__..Res. #2456, Acquisition of Property for
Public Grounds
Adopted
Res. #2457, Approving Agt. with So. Pac.
Trans. Co., for Grade Crossing
Adopted
Res. #WS-704 (Payroll)
Adopted
Res. 4PWS-705 ("B" Warrants)
Adopted
CC #SS-132, Unit 3, Stewart & Gray Rd.,
plans and specs., authority to advertise
Approved
CC #SS-233, Traffic Signal, Firestone Blvd. &
Ryerson, plans & specs.; auth. to advertise;
cost sharing agt.
Approved
CC #SS-240, Firestone Blvd., Ryerson to West
City Limits, plans and specs. & auth. to advertise
Approved
CC 4272, Richeon, plans and specs. & auth.
to advertise
Approved
CC #260, Unit 2, Water Main, Stewart & Gray Rd.
Auth, to forfeit bond low bidder & award to
2nd bidder Approved
CC #260, Unit 2, Sewer, Stewart & Gray Rd.
Award of contract Approved
CC #271, Unit 1, Annual Sidewalk Contract.
Reject low bid; award of contract Approved
Increase owners' share of cost, Sidewalk
Matching Fund Constr. Approved
Page L of 2
1
1
1
L
2
2
2
2
3
3
3
4 & 7
4
4
4
4
5
5
5
5
5
6
Table of Minute Actions
Council Meeting 9/22/70
SUBJECT:
ACTION:
CC #271, Unit IT, Misc. Repairs. Award of
Approved
Contract
CC #SS-172, Florence Ave. Traffic Signal.
Accept improvements
Approved
CC #SS-191, Paramount Blvd. Accept improvements
Approved
CC #SS-230, Dollison Dr. Accept improvements
Approved
Tract #24135, Pico Vista Rd. Accept improvements
Approved
1970-71 Safety Light Program. Appropriation and
locations
Approved
CC #SS-194, Reflectorized Street Name Sign
Program (Phase 3 of 3) Appropriation and auth.
to advertise
Approved
Sidewalk Matching Funds, various locations
Approved
Reciprocal Use Agt. with School Dist.
Approved
Downey Youth Band, new uniforms
Approved
Appt. Rose Float Assoc. members
Ratified
Reappt. Caesar Mattei, Library Adv. Board
Prepare resolution Ref. to City Clerk
--- Sanitation Contract proposal Taken under submission
Golf Course Concession Agreement with
Marmac's. Auth. to change Approved
Page 2 of 2
PAGE NO.
6
6
6
6
6
6
6
7
7
7
7
7
8
8
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
SEPTEMBER 22, 1970
The City Council of the City of Downey held a regular meeting at 8:00 a.m.,
September 22, 1970, in the Council Chamber of the Downey City Hall, Mayor Ben 'D Corbin
presiding.
PRESENT: Councilmen: Winton, Ferris, Jennings, Corbin
ABSENT: Councilmen: Morton
ALSO PRESENT: Donald B. Robison, Assistant City Manager
Mark Allen, Acting City Attorney
Ervin Spindel, Director of Public Works
Robert L. Shand, Director of Finance
William A. Goggins Director of Planning
William Fritsche, Assistant Director of Building & Safety
Jim Ruth, Director of Parks & Recreation
Robert W. Gain, Fire Chief
Captain Joe Guthrie, Police Department
Robert Coates, Water Superintendent
H. J. Henriksen, City Engineer
Ellen C. Davis, City Clerk
Judy McDonnell, Executive Secretary
Father Patrick Cleary, St. Raymond's Catholic Church, delivered the invocation.
followed by the Flag Salute led by Councilman Winton.
It was moved by Councilman Winton, seconded by Councilman Ferris, and so ordered to
approve the Minutes of the City Council Meeting of September 14, 1970.
Petition from residents in area of Dodge Trucks Facility on Telegraph Road, request-
ing that the City take action to alleviate unfavorable conditions resulting from the
operation of this facility. Referred to the Staff for investigation and report to Council.
Unsigned letter opposing Utility Users Tax, Ordered filed.
Communication from Downey Unified School District., answering questions directed to
the Board of Education by Mayor Pro Tem Joseph Ferris regarding the #105 Freeway route.
Ordered filed.
Communication from Board of Directors, Downey Museum of Art, advising ratification
of agreement submitted by the City with two deletions. It was moved by Councilman
Ferris, seconded by Councilman Winton, and so ordered to refer the agreement to the Park
and Recreation Commission for review and recommendation.
Communication from City of South Gate enclosing Resolution expressing appreciation
to Downey and neighboring cities for re -affirming their intention to honor Mutual Aid
Agreement with South Gate. Ordered filed.
ORDINANCE NO. 385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 7401 OF THE DOWNEY MUNICIPAL CODE
RELATING TO PUBLIC EASEMENTS
The Ordinance was read by title only. It was moved by Councilman Winton, seconded
by Councilman Ferris, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the
-- following vote to adopt Ordinance No. 385.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
Council Minutes 9/22/70 -1-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING TO SOUTHERN CALIFORNIA WATER COMPANY, ITS
SUCCESSORS AND ASSIGNS A FRANCHISE TO LAY AND USE, FOR
TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL
PURPOSES, PIPELINES AND OTHER FACILITIES IN, ALONG,
ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS,
ALLEYS AND PLACES WITHIN THE CITY OF DOWNEY
The Ordinance was read by title only. It was moved by Councilman Winton, seconded
by Councilman Ferris, and so ordered to waive further reading.
Following discussion by the City Council, it was moved by Councilman Ferris,
seconded by Councilman Winton, and passed by the following vote to refer this matter back
to the Staff for recommendation on a change in language in the proposed Franchise rela-
tive to the term of the franchise and percentage of gross annual receipts to be paid by
grantee.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
The Director of Public Works called attention to the requirement for a new hearing
and adoption of a new Resolution of Intention to Grant a Franchise prior to introduction
of the Ordinance.
RESOLUTION NO. 2451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
RESCINDING ALL FORMER ACTIONS AND ESTABLISHING PARKING
CONTROL ON NASH AVENUE, FIRESTONE BOULEVARD TO MC CAHILL
STREET
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Jennings, and so ordered to waive further reading.
It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by
the following vote to adopt Resolution No. 2451.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
RESOLUTION NO. 2452
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROHIBITING PARKING AT CERTAIN TIMES ONCE EACH WEEK ON
THE EAST SIDE OF PARAMOUNT BOULEVARD BETWEEN FLORENCE
AVENUE AND SOUTH OF FARM STREET FOR STREET CLEANING
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Jennings, and so ordered to waive further reading.
It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by
the following vote to adopt Resolution No. 2452.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin.
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
RESOLUTION NO. 2453
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DESIGNATING DAVIS STREET A THROUGH STREET AT ITS INTER-
SECTION WITH DOLAN AVENUE
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Ferris, and so ordered to waive further reading.
Council Minutes 9/22/70 -2-
-Jr
Itwas moved by Councilman Winton, seconded by Councilman Ferris, and passed by the
following vote to adopt Resolution No. 2453.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
RESOLUTION NO. 2454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DESIGNATING RICHEON AVENUE A THROUGH STREET AT ITS INTER-
SECTION WITH HORLEY AVENUE
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Jennings, and so ordered to waive further reading.
It was moved by Councilman Ferris, seconded by Councilman Winton, and passed by the
following vote to adopt Resolution No. 2454.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
RESOLUTION NO. 2455
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ENDORSING LOS ANGELES COUNTY PROPOSITION A AND
RECOMMENDING THAT VOTERS OF DOWNEY ALSO EXPRESS THEIR
APPROVAL BY VOTING "YES" ON PROPOSITION A ON
NOVEMBER 3, 1970
The Resolution was read by title only. It was moved by Councilman Ferris, seconded
by Councilman Winton, and so ordered to waive further reading.
It was moved by Councilman Ferris, seconded by Councilman Winton, and passed by the
following vote to adopt Resolution No. 2455.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
RESOLUTION NO. 2456
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
FINDING AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN PROPERTY IN FEE SIMPLE TITLE FOR PUBLIC GROUNDS
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Jennings, and so ordered to waive further reading.
It was moved by Councilman Winton to adopt.
Councilman Jennings requested the Director of Public Works to provide him with a
breakdown of total cost on this project as it had been started prior to his becoming a
member of the City Council. Director of Public Works Ervin Spindel stated he would
provide Councilman Jennings with the information requested. He further stated that the
total cost of this project which will include the acquisition of right-of-way, construc-
tion of water mains, sewers, storm drains and traffic signals would be a little more
than $500,000.
The motion was seconded by Councilman Ferris and passed by the following vote to
adopt Resolution No. 2456.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
Council Minutes 9/22/70 -3-
&,'
RESOLUTION NO. 2457
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AN AGREEMENT BETWEEN THE CITY OF DOWNEY AND
THE SOUTHERN PACIFIC TRANSPORTATION COMPANY, PROVIDING
FOR CONSTRUCTION AND MAINTENANCE OF A GRADE CROSSING
OF STEWART AND GRAY ROAD AT THE SOUTHERN PACIFIC
RAILROAD RIGHT-OF-WAY
The Resolution was read by title only.
Action on the Resolution was deferred until the Acting City Attorney Allen could
review its contents. (*See action Page 7 .)
RESOLUTION NO. WS-704
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. 28395 -
28911 -- $192,162.79 -- PAYROLL)
The Resolution was read by title only. It was moved by Councilman Ferris, seconded
by Councilman Jennings, and so ordered to waive further reading.
It was moved by Councilman Ferris, seconded by Councilman Jennings, and passed by
the following vote to adopt Resolution No. WS-704.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
RESOLUTION NO. WS-705
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. 11021 -
11218 -- $75,449.67)
The Resolution was read by title only. It was moved by Councilman Ferris, seconded
by Councilman Winton, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the
following vote to adopt Resolution No. WS-705.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
Councilman Ferris requested the staff to provide him with information on Warrants
#11070, 11080, 11105, and 11043.
It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by
the following vote to approve the Plans and Specifications and grant authority to
advertise for bids on Cash Contract #SS-132, Unit �, Stewart and Gray Road Extension,
Railroad Sour Relocation..
AYES: 3 Councilmen: Winton, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Ferris, Morton
- It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by
the following vote to approve plans and specifications, grant authority to advertise for
bids, and authorize execution of an agreement for cost sharing with owner and tenant of
affected private property on Cash Contract #SS-233, Traffic Signal Installation,
Firestone Boulevard and Ryerson Avenue.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to approve plans and specifications and grant authority to advertise
Council Minutes 9/22/70 -4-
for bids on Cash Contract #SS-240, Firestone Boulevard, Ryerson Avenue to West City
Limits.
AYES:
4
Councilmen:
Winton, Ferris, Jennings, Corbin
NOES:
0
Councilmen:
None
ABSENT:
1
Councilmen:
Morton
It was moved by Councilman Ferris, seconded by Councilman Winton, and passed by the
following vote to approve the plans and specifications and grant authority to advertise
for bids on Cash Contract #272, Richeon Avenue.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Winton and seconded by Councilman Ferris to award a
contract in the amount of the unit prices bid by Byron L. Crume, Inc., of Santa Fe
Springs on Cash Contract #260, Unit 2, 12" Water Main in Stewart and Gray Road (Extension),
and in the event the contractor does not execute the contract,that his bid bond be
forfeited, and the contract be awarded to the second low bidder, Municipal Pipeline
Construction Co. of Mission Viejo.
Mr. Byron L. Crume appeared before the City Council and stated he was in Alaska when
the bid bond was received from the bonding company. When he returned to his office, he
stated, his estimator was not in. He said that his secretary advised him he was supposed
to bid the job. The bid was typed using the "guess figures" which had been used to
obtain the amount of the bid bond, and the final bid figures had not yet been determined.
He requested the City Council to reject his bid without forfeiting his bid bond.
The Director of Public Works stated that he did not find any evidence of a clerical
error and he recommended favorable action on the motion to keep faith with all bidders,
also to avoid setting a precedence.
Following discussion by the City Council and comments by Mr. Crume and the Director
of Public Works, Mayor Corbin called for roll call vote on the motion.
AYES: 3 Councilmen: Winton, Jennings, Corbin
NOES: l Councilmen: Ferris
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the
following vote to award contract in the amount of unit prices bid to Noriega Sewer
Construction Company of Compton, the lowest and best bidder, on Cash Contract #260,
Unit 2, Sewer, 8" V.C.P. Sewer in Stewart and Gray Road (Extension), and to reject all
other bids.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
Cash Contract #271, Unit 1 Annual Sidewalk Contract. The Director of Public Works
recommended that Council reject the proposal of the low bidder, Gaitan Construction
Company, as numerous other cities given by this contractor as references reported his
jobs have shown poor workmanship, lack of cooperation on cleanup, and failure to meet
completion schedules. He further recommended award of the contract to the second lowest
bidder and an increase in property owner's share of construction costs due to increase
in unit prices.
It was moved by Councilman Ferris, seconded by Councilman Winton, and passed by the
following vote to reject the proposal of the low bidder on Cash Contract #271, Unit 1,
as recommended by the Director of Public Works.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Ferris, seconded by Councilman Winton, and passed by the
following vote to award contract to the second lowest bidder, Wilbur A. Harrison of
Gardena, on the subject project, and to reject all other bids.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
Council Minutes 9/22/70 -5-
It was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the
following vote to increase property owner's share of Sidewalk Matching Fund construction
from $0.25 per square foot to $0.40 per square foot.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the
following vote to award a contract in the amount of the unit prices bid to Silveri d Ruiz
Construction Company of Fullerton, the lowest and best bidder, for the construction of
Miscellaneous Repairs at various locations for the period of October 1, 1970 to June 30,
1971, as specified in Cash Contract #271, Unit ZI, and reject all other bids.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to accept improvement constructed under Cash Contract #SS-172,
Florence Avenue Traffic Signal Interconnect System, responsibility for maintenance
thereof, and authorize payment of bid and extra work costs incurred less $800. charge
for liquidated damages.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Jennings, seconded by Councilman Ferris, and passed by
the following vote to to accept the improvements completed in conjunction with Cash
Contract #SS-191 Paramount Boulevard, authorize a time extension of 14 days, and approve
extra work at contract bid prices.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
Councilman Jennings requested to go on record as recommending that the next step in
this project be Paramount Boulevard on through the City.
It was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the
following vote to accept the improvements constructed under Cash Contract #SS-230, Dollison
Drive, and approve extension of time.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the
following vote to accept the improvements completed in Tract No. 24135, Pico Vista Road,
and the responsibility for maintenance thereof.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Ferris, seconded by Councilman Winton, and passed by the
following vote to appropriate $7,500. from the approved 1970-71 General Fund Budget into
Account No. 13819, approve locations, and authorize issuance of Purchase Order to Edison
Co. under 1970-71 Safety Light Program (Phase 6 of 10).
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Jennings, seconded by Councilman Ferris, and passed by
the following vote to appropriate $14,000. from approved 1970-71 General Fund Budget, 4-
approve locations, and grant authority to advertise for bids on Cash Contract #SS-194,
1970-71 Reflectorized Street Name Sign Program (Phase 3 of 3).
,1 O-c d1
Council Minutes 9/22/70 -6-
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to approve Matching Funds for Sidewalk Construction at various
locations in the amount of $7,395.00.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Ferris, seconded by Councilman Winton, and passed by the
following
vote to approve
authorize Mayor to sign Reciprocal Use of Facilities
Agreementwith Downey Unified SchoolDistrict.
AYES: 4 Councilmen: Winton; Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Ferris, seconded by Councilman Jennings, and passed by
the following vote to authorize appropriation of funds in the amount of $5,734.36 from
Account No. 09100--331.1, Decorational and Promotional, for purchase of new uniforms for
Downey Youth Band.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
It was moved by Councilman Jennings, seconded by Councilman Ferris, and passed by
the following vote to ratify the following appointments to the Rose Float Association:
Councilman Jennings: Jennie Mullen, 12915 Samoline Ave.
Councilman Winton: Hazel and Earl Matthews, 8329 Cole St.; Roma Bergen, 8308
Puritan; Alan Meyer, 8744 Dalen Ave.
Mayor Corbin: Debbie Derry, 10403 Casanes Ave.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
Mayor Corbin requested the City Clerk to prepare a resolution for adoption at the
next regular meeting, reappointing Mr. Caesar Mattei to the Library Advisory Board.
* Acting City Attorney Allen stated he had reviewed the text of the proposed agreement
with Southern Pacific Transportation Co. for grade crossing at Stewart and Gray Road and
the Railroad Right -of -Way, referred to in Resolution No. 2457, title of which was read,
and could find no objection to the agreement as a legal proposition.
It was moved by Councilman Winton, seconded by Councilman Ferris, and so ordered to
waive further reading.
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to adopt Resolution No. 2457.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
Mayor Corbin reported on invitation to the City Council by Mr. Cliff Hiemforth of
- Southern California Gas Comoany to tour the pipelines. He reported that the Annual
Conference of National League of Cities will be held in Atlanta, Georgia, December 7-11,
and the League of California Cities Annual Conference will be held in San Diego October
25-28.
Assistant City Manager, Don Robison, referred to Item 1 on City Manager's Report
regarding Quarterly Report on Tuition Reimbursement.
Mr. Robison welcomed back Bob Shand, Finance Director, and commented regarding the
fine manner in which the business of the Finance Office was carried on by Mr. Jim Bergman,
Terry Middlebrooke, and Russ Reynolds during his absence.
Council Minutes 9/22/70 -7-
The City Council reviewed the quarterly report of the Downey Chamber of Commerce.
Sanitation Contracts (Disposal Companies). Councilman Winton reported regarding the
recommendation of the Citizens Health and Sanitation Committee for a lOC per unit per
month rate increase. He stated this request is the result of the purchase of the
Pellissier Dump Site by the County used by the Disposal Companies and an increase in
rates for dumping from a flat rate of $6.00 per load to $1.50 per ton. In addition to
the increase in the rate, the County has also installed an accurate weight scale at the
entrance to the dump, requiring the Disposal Companies to pay a penalty for an overload.
He said that rubbish haulers in the surrounding cities have increased their rates as
_ much as 50% and prior to the increase were charging rates higher than those provided in
Downey's contract.
Councilman Ferris stated his objection to an increase in rates without requiring
the Disposal Companies to provide certified audits to justify the increase. He also
stated these contracts should be opened to competitive bidding.
Mr. Larry Chaney, Chairman of the Citizens Health and Sanitation Committee, appeared
before the City Council. He said that a certified audit would cost between six and ten
thousand dollars and he believed it was an unreasonable request. He said that the
Committee had made a comparative study of the surrounding cities, and the results
indicated that the service provided by Downey's Disposal Companies was better at a lower
rate. In response to a question by Councilman Ferris, Mr. Chaney stated that in order
to open bidding to the general public, he believed it would be necessary to cancel the
existing franchises.
After further discussion, the matter was taken under submission and the Director of
Public Works was requested to prepare a statistical report on the affect of the County's
take-over of the dump, and comparative study of surrounding cities.
Mr. Jim Ruth, Director of Parks and Recreation, reported on the problem of Marmac's
Rio Hondo Food Service Inc. Golf Course Concessionaire, in obtaining a license from
the Alcoholic Beverage Control. He said that ABC has advised that Section 35 of the
Concession Agreement with the City of Downey is in violation of Section 24076 of the
Alcoholic Beverage Control Act, as it requires the concessionaire, upon termination of
the agreement, to sell the liquor license to its successor at the price they paid to
acquire it. Before the license will be issued, the ABC has stated that Section 35 of
the agreement must be deleted. He stated that Marmac's is operating with a temporary
permit, and if this problem is not resolved prior to September 29th, they will be
required to obtain another 60-day permit at an additional cost of $100.
Acting City Attorney Allen stated that the position of the ABC is subject to some
debate and could, perhaps, be reviewed on appeal. There is, however, a provision in the
ABC Act that prohibits the pledging of license as security to guarantee the performance
of any contract.
Following discussion on the matter, it was moved by Councilman Ferris, seconded by
Councilman Winton, and passed by the following vote to authorize the City Manager to
negotiate with the appropriate State Agency, and authorize the Mayor to ratify a change
in Concession Agreement between the City of Downey and Marmac's Rio Hondo Food Service,
Inc., dated May 27, 1970, to conform to the applicable State Law.
AYES: 4 Councilmen: Winton, Ferris, Jennings, Corbin
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Morton
Councilman Ferris reported there will be a field trip to Wiley Burke Avenue today to
study sidewalk projects.
Mr. George Russell, 10230 Paramount Blvd., member of the Board of Directors of the
Downey Chamber of Commerce, appeared before the City Council. He said the Board Members
attending the City Council Meetings will be rotated so that they can become acquainted
with the needs and activities of the City. He assured the cooperation of the Chamber of
Commerce with the City in any way they can be of service.
Mr. Kenneth Miller, 7336 Cleargrove Drive, appeared before the City Council in
protest to the Utility Users Tax, and questioned the legality of Sections 6182, 6184,
6185, and 6186 of the Code.
Mr. Larry Chaney, Chairman of the Health and Sanitation Committee, requested the
City Council to schedule an adjourned meeting within a week to act on the request of the
Disposal Companies for an increase in rates. The request was denied.
Council Minutes 9/22/70 -8-
Mr. Wendell Wiser, 10921 Paramount Blvd., stated that he hoped when new contracts
are signed with the Disposal Companies that they would remain as written for the full
term without the contractors coming in for a rate increase.
Mayor Corbin stated he would report on his trip to Guadalajara at the next regular
meeting.
There being no further business to come before the City Council, the meeting was
adjourned at 10:10 a.m.
ELLEN C. DAVIS, CITY CLERK
Council Minutes 9/22/70 -9-
BEN 'D CORBIN, MAYOR