HomeMy WebLinkAboutMinutes-02-23-71-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 23, 1971
T A B L E O F M I N U T E A C T I O N S
SUBJECT: ACTION:
Awards: Policeman of the Year and Fireman
of the Year
Presentation to Former Mayor and Councilman,
Scott E. Temple
General Plan and General Plan Map
Appeal,Conditional Use Permit 441, 9744
Washburn Road, Park Water Company
Minutes, February 8, 1971
Appeal, Z.E. #967, 12720 d 12726 Adenmoor
Parking violations in setback areas
Resolution of City of Torrance re Litter and
Waste Disposal Problem
Report of Legislative Study Committee on
Revenue Sharing Program
Resolution #2510 Commending the "Helpline
Youth Counseling Center"
Legal Claims for Council Action:
Bernard Kahn, 13444 Verdura Ave.
Report of Legal Claims received:
Wilma C. Koch, 9258 E. Artesia B1., Bellflower
Communication from Kenneth J. Miller re
Utility Users Tax
Small Claims Court action against Kenneth J.
Miller re Utility Users Tax
Ordinance #392 Amending DMC Sec 3186(j).,
Ord. #262, elating to Restricted Speed
Limits (Downey Ave.)
PAGE NO.
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1
Hearing closed - Taken under subm. 2
Ref, to Planning Commission 3
Approved 3
Hearing set for 3/8/71 3
Ref, to Traffic Comm., Beaut. Comm.
d Planning Dept, via City Manager 3
Received S filed
Taken under submission
Adopted
Denied
No action
Received d Ref, to City Attorney
City Attorney to follow through
Adopted
Resolution #2511 Approving Final Subdivision
Map of Tr 23450, Accepting Dedication, Approving
Agmt with Subdividers d. Acceptance of Surety
Bonds (De Palma St. S/o Luxor St. W/o Mitla Ave.
to City Limits) Adopted
Resolution #2512 Ordering Vacation of Water Line
Easement Running from Downey Ave. Ely to Stamps Adopted
Resolution #WS-726 (Payroll) Adopted
Resolution #WS-727 (B Warrants) Adopted
CC #SS-241, Davis St. Plans & specs d. auth.
to advertise for bids Approved
CC #SS-2419 Davis St. Report of Dir. P.W. re
Chapter 27 Proceedings No action
CC #277, Cleaning, Cement Mortar Lining Cast
Iron Water Lines, Lakewood System, Water Div.
Proj. #86039-71 Award of contract Approved
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Table of Minute Actions
Council Meeting 2/23/71
SUBJECT: ACTION:
CC #260, Unit 2W, Water Main, Stewart & Gray Rd.
(Ext.) Acceptance of improvements, time ext. Approved
CC #251, Unit 2, Devenir St., Brookshire Ave.
to Barlin Ave. Acceptance of improvements Approved
CC #SS-220, Unit 1, & #SS-250, Old River
School Rd. at Dinwiddie & Rives Ave. at Yankey
Acceptance of improvements Approved
CC #SS-254, M.P. 088 - 8305 Downey Ave., &
M,P. 096 - 7823 Stewart & Gray Rd., Street
Paving. Transfer of funds Approved
Sidewalk Matching Funds, Misc. Locations Approved
Report of City Manager on Award of City's
Group Insurance Contract No action
Recognition of Employee Organizations Approved
0105 Freeway Agreement as presented by State Ordered filed
Recommendations of City Manager re Modifications, Ref. to City Manager to include
Freeway Agreement in Agreement
City Manager reported re Subdivision Check List No action
CC #SS-132, Unit 2, Stewart & Gray Rd.
Agreement to convey Right -of -Way with
modifications Approved
Report of Councilman Morton re Site Committee
of Chamber of Commerce to encourage industry
Report re Dinner to Honor Retired Councilman,
Ben Corbin
Downey Rose Float Committee, Annual Report
Page 2 of 2
No action
No action
No action
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_4
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 23, 1971
The City Council of the City of Downey held a regular meeting at 8:00 a.m.,
February 23, 1971, in the Council Chamber of the Downey City Hall, Mayor Joseph G. Ferris
presiding.
PRESENT: Councilmen: Morton, Winton, Jennings, Hollis, Ferris
ABSENT: Councilmen: None
ALSO PRESENT: Charles W. Thompson, City Manager
Donald B. Robison, Assistant City Manager
Royal M. Sorensen, City Attorney
Ervin Spindel, Director of Public Works
Robert L. Shand, Director of Finance
William A. Goggin, Director of Planning
Ray Lake, Director of Building & Safety
Loren D. Morgan, Police Chief
Robert W. Gain, Fire Chief
H. J. Henriksen, City Engineer
Ellen C. Davis, City Clerk
Judy McDonnell, Executive Secretary
Reverend Alvin P. Young, Messiah Lutheran Church, delivered the invocation, followed
by the Flag Salute led by Mayor Pro Tem Winton.
Mr. Jim Cunningham, representing the Los Amigos Kiwanis Club, presented Policeman of
Year Award to Steven Douglas and Fireman of the Year Award to Richard O'Toole. He said
each man was selected by members of his respective department to receive this award.
The Mayor congratulated Officers Douglas and O'Toole and commended the Los Amigos
Kiwanis Club for this fine gesture. Fire Chief Robert Gain and Police Chief Morgan also
extended their congratulations.
Mayor Ferris presented Former Mayor and Councilman Scott E. Temple and his wife,
Faith, with a Plaque indicating the years of service they had given to the City of Downey.
The Plaque was engraved with the terms of office Scott Temple had served as Councilman
and Mayor as follows:
Councilman: December 17, 1956 to April 21, 1971
Mayor: July 14, 1958 January 13, 1959
October 14, 1961 October 8, 1962
April 27, 1965 April 19, 1966
April 29, 1969 April 21, 1970
Former Mayor Temple expressed his sincere appreciation. He related experiences as
one of the original Councilmen in the early days following incorporation. He said it was
a privilege to have served the City of Downey in the past, and if he could help in the
future in any way, he would be glad to do so.
Mayor Ferris declared that this is the time and place for the public hearing on the
General Plan and General Plan Map, which was continued to this time and place from the
Regular Meeting of the City Council held February 8, 1971.
Mayor Ferris inquired if there was anyone present wishing to speak to the matter.
Mr. Leslie Olson, 10022 Tristan, representing owners of property on the south side
of Stewart & Gray Rd., westerly from Old River School Road, requested that the subject
property consisting of nine lots be shown on the General Plan as R-3.
In response to Mr. Olson's question regarding the procedure for a zone change,
Councilman Morton advised that if the property is not shown as R-3 on the General Plan,
the zone change or zone exception procedure is available for the applicants.
Mr. Olson answered questions of Councilman Jennings regarding a planned development
of the area.
The Mayor inquired if there was anyone else present who wished to speak to the matter.
There was no response.
Council Minutes 2/23/71 -1-
i
It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the
following vote to close the hearing on the General Plan and General Plan Map.
Councilman Morton said it should be noted that the City Council has kept the hearing
on the General Plan open for a considerable period of time so that anyone who has had any
comments could make any suggestion or presentation.
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES- 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Hollis, seconded by Councilman Jennings, and so ordered
to take the matter of the General Plan and General Plan Map under submission.
Mayor Ferris declared that this is the time and place for the public hearing on
Appeal, Conditional Use Permit #41, 9744 Washburn Road, Park Water Company. He inquired
of the City Clerk if she had the Affidavit of Publication, to which she responded in the
affirmative,
The Mayor inquired of the City Clerk if she had received any written correspondence
on the matter, and she replied she had not.
Director of Planning Goggin reported the Conditional Use Permit was a request for a
radio transmitting tower on property at 9744 Washburn Road. He stated that following the
hearing on the matter before the Planning Commission, on which there was no opposition,
the Commission granted the request and set forth the conditions of approval. The appli-
cant in the case was Park Water Company; the appellant in this matter is Henry C. Markuson,
President, The Steelmasters Company, Inc., 9734 Washburn Road.
Mayor Ferris inquired if there was anyone present wishing to speak in favor of the
matter.
Mr'. Wixon Stevens, 606 So. Olive St., Los Angeles, appeared in 'behalf of Mr. Markuson,
President of Steelmasters Company, Inc. He said one of the conditions of approval of
C.U.P, #41 was the requirement for dedication of 20 feet on the west side of the subject
property for a future and private street. He stated this condition would set a precedent
which would require The Steelmasters Company to dedicate and develop 40 feet of their land
for street purposes which he said would create a hardship. He stated at the hearing the
applicant referred to an agreement between Park Water Company and The Steelmasters
Company indicating that Steelmasters would dedicate the 40 feet. He said there was no
such agreement, written or verbal, and he objected to dedication of more land than the
adjoining property for street purposes.
The Director of. Planning reported on the case, distributed maps, and explained the
development of the surrounding property.
Mayor Ferris inquired if there was anyone present wishing to speak in favor or in
opposition to the matter.
Mr, William S. Cook, Vice President of Park Water Company, 4206 East Rosecrans,
Compton, appeared in opposition. He said there was an understanding that should either
party desire a Lot split, Park Water Company would dedicate 20 feet. He said Park Water
Company does not wish to subdivide its property and has no need for a road going past
the property on the westerly boundary. The offer was made, he stated, in the spirit of
fair play and they will offer the 20 feet and no more.
In rebuttal, Mr. Wixon Stevens said Mr. Markuson is being asked to put in a public
street for the future use of the citizens of Downey and the adjoining property owners,
and he feels the dedication should be shared.
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to
close the hearing on Appeal, Conditional Use Permit #41, 9744 Washburn Road, Park Water
Company,
In response to a question by Councilman Winton, the Director of Planning stated that
the term 7aprivate and future street" indicates that the City has the option to pick up
the area at such time as it desires for street purposes. In the meantime, there is no
change of ownership and the owner may continue to use it and he would pay the taxes on
the property.
Council Minutes 2/23/71 -2-
�. 40
Responding to a question by Councilman Hollis, the Director of Planning said that
the statement of Park Water Company that there was an agreement between them and
Steelmasters on the dedication of property was entered into the record as testimony in
the Planning Commission hearing of C.U.P. #41 and their decision was based on this.
Following discussion on the matter, it was moved by Mayor Ferris, seconded by
Councilman Winton, and passed by the following vote to refer the matter to the Planning
Commission for a review and report and that the Planning Commission consider placing some
contingency upon Park Water Company for reimbursement to the property owner on the west
in the event the use of the land should change requiring the development of the 20-foot
"private and future street".
AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris
NOES; 1 Councilmen: Jennings
ABSENT: 0 Councilmen: None
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to
approve the Minutes of the City Council Meeting of February 8, 1971.
Communication from D d H Construction Co. requesting a hearing before City Council
on Appeal, Zone Exception Case #967, 12720 and 12726 Adenmoor Avenue.
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to set a hearing on Appeal, Zone Exception Case #967, for 7:30 p.m.,
March 8, 1971, in the Council Chamber of the Downey City Hall.
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Communication from Jack Robinson, 8555 Gainford St., regarding Parking violations in
setback areas,
It was moved by Councilman Morton and so ordered to refer this matter to the Traffic
COmLrittee, Beautification Committee, and Planning Department via the City Manager.
Communication from City of Torrance enclosing Resolution re Litter and waste
disposal problem. It was moved by Councilman Winton, seconded by Councilman Morton, and
so ordered to receive and file.
Com:uuni.cation from Legislative Study Committee regarding Revenue Sharing Program.
It was moved by Councilman Winton and so ordered to receive and file.
Cou!;.cilman Winton stated this particular matter was referred to the Legislative
Study Committee. He suggested a better screening of all material from various cities
before referring to the Legislative Study Committee for review. He requested the matter
of Revenue Sharing Program be held under submission. So ordered.
RESOLUTION NO. 2510
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
COMMENDING THE "HELPLINE YOUTH COUNSELING CENTER"
The Resolution was read by title only. It was moved by Councilman Jennings, seconded
by Councilman Morton, and so ordered to waive further reading.
It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the
following vote to adopt Resolution No. 2510.
AYES. 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen.: None
LEGAL CLAIMS FOR COUNCIL ACTION:
Bernard Kahn, 13444 Verdura Ave.
It was moved by Councilman_ Morton, seconded by Councilman Winton, and passed by the
following vote to deny the legal claim of Bernard Kahn.
Council Minutes 2/23/71 -3-
4f'f12
hmn
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
REPORT OF LEGAL CLAIMS RECEIVED:
Wilma C. Koch, 9258 E. Artesia Blvd., Bellflower
Communication from Kenneth J. Miller, 7336 Cleargrove Drive, regarding information
he had previously requested concerning the Utility Users Tax,
It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered
that this letter be received and referred to the City Attorney.
It was moved by Councilman Morton, seconded by Mayor Ferris, and so ordered that the
City Attorney be instructed to follow through Small Claims Court the action brought
against Mr. Miller by the City of Downey and to take appropriate action as necessary.
Councilman Winton requested the record show that he is in accord with the last
motion because the litigation has a direct bearing on all of the citizens of the
community and involves a great deal more than the payment of 57C which Mr. Miller
protested.
The Mayor declared a recess at 9:00 a.m. The meeting was resumed at 9:15 with all
members of the City Council in attendance.
ORDINANCE NO. 392
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION
3186(j)., ORDINANCE NO. 262 RELATING TO RESTRICTED SPEED
LIMITS
The Ordinance was read by title only. It was moved by Councilman Winton, seconded
by Councilman Morton, and so ordered to waive further reading.
It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by
the following vote to adopt Ordinance No. 392.
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. 2511
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 25450,
ACCEPTING THE DEDICATION THEREIN OFFERED, APPROVING AN
AGREEMENT WITH THE SUBDIVIDERS AND ACCEPTANCE OF SURETY
BONDS (DE PALMA STREET SOUTH OF LUXOR STREET WEST OF
MITLA AVENUE TO CITY LIMITS)
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, seconded by Councilman Morton, and passed by the
following vote to adopt Resolution. No. 2511.
AYES. 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
The Director of Public Works stated "in lieu" fee for green area in the amount of
$2,635.21 had been received.
Mr. Roger Muir, Lanco Engineering, reported that the Staff and Engineering Department
has accorded him the 'best cooperation he has had in any city.
Council Minutes 2/23/71 -4-
- :,
RESOLUTION NO. 2512
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING THE VACATION OF A WATER LINE EASEMENT RUNNING
FROM DOWNEY AVENUE EASTERLY TO STAMPS AVENUE
The Resolution was read by title only. It was moved by Councilman Morton, seconded
by Councilman Winton, and so ordered to waive further reading.
It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by
the following vote to adopt Resolution No. 2512.
AYES:
5
Councilmen:
Morton, Winton, Jennings, Hollis, Ferris
NOES:
0
Councilmen:
None
ABSENT:
0
Councilmen:
None
RESOLUTION NO. WS-726
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. 33959 -
34467 -- $190,547.80 -- PAYROLL)
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Morton, 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. WS-726.
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. WS-727
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. 13175 -
13368 -- $171,567.80)
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, seconded by Councilman Jennings, and passed by
the following vote to adopt Resolution No. WS-727.
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to approve plans and specifications and grant authority to advertise for
bids on Cash Contract #SS-241, Davis Street, Downey Avenue to Dolan Avenue.
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Regarding Cash Contract #SS-241, the Director of Public Works reported that
Chapter 27 Proceedings on, a voluntary basis were authorized by the City Council on
February 8, 1971. Since that time, he said, a jurisdictional dispute has arisen between
co -owners of property on the north side adjacent to Downey Avenue. Therefore, regular
Chapter 27 Proceedings will be applied on this project, a hearing will be held, and in-
formal notice will be waived. He reported this procedure will not delay the project.
It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by
the following vote to award contract on Water Division Project No. 86039-71, Cash
Contract #277, Cleaninz and Cement Mortar Linine Cast Iron Water Lines in the Lakewood
System, to AMERON, Inc., Monterey Park, in the amount of the unit prices bid.
Council Minutes 2/23/71 -5-
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to accept the improvements completed under Cash Contract #260, Unit 2W,
Water Main, Stewart and Gray Road (Extension), the responsibility for maintenance thereof,
and approve a time extension for this work.
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen, None
ABSENT: 0 Councilmen: None
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to accept the improvements completed under Cash Contract #251, Unit 2,
Devenir Street, Brookshire Avenue to Berlin Avenue, and the responsibility for maintenance
thereof.
AYES: 5 Councilmen: Morton, Wir_ton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by
the following vote to accept the improvements constructed under Cash Contract #SS-220,
Unit 1, and #SS-250, Old River School Road at Dinwiddie Street and Rives Avenue at
Yankey Street, approve items of extra work, and authorize extension of time.
AYES; 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to authorize the following transfer of funds on Cash Contract #SS-254,
M.P. 088 - 8305 Downey Avenue, and M.P. 096 - 7823 Stewart and Gray Road, Street Paving:
AMOUNT FROM TO
$'1,000. Unbudgeted Gas Tax Funds A/C 416103
AYES: 5 Councilmen; Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen. None
It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by
the following vote to approve Sidewalk Matching Funds for Sidewalk Construction at the
following locations:
M_F N0_
ADDRESS
EST. CITY COST
33
9713 Cedartree Road
$
40.00
34
12603 Dun.robin Avenue
$
417.00
35
7445 Hondo Street
$
416.00
36
9236 Klinedale Avenue
$
53.00
37
12517 Old River School Road
$
153,00
38
7615 Pivot Street
$
90.00
39
11512 Richeon Avenue
$
90.00
City
Project
KFA
12520 Brookshire Avenue
Brookshire Park
Sub -total $1,259.00
Total Cost
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Council Minutes 2/23/'71 -6-
$1,275.00
52.534.00
CITY MANAGER'S REPORT
City Manager Charles Thompson replied to general statements, accusations and
questions of Mr. Frank Perez who appeared at the City Council Meeting of February 8th in
protest to the award of the City°s Annual Group Insurance Contract. A copy of this
report is on file in the City Clerk's Office and made a part of these Minutes by reference,
Mayor Ferris thanked the City Manager for his report and Mr. Perez for attending the
Council Meeting. He advised Mr. Perez that records to substantiate the City Manager's
report on the matter could be reviewed in the City Manager's Office.
City Manager Thompson reported on Recognition of Employee Organizations.
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to extend recognition to the following organizations and authorize the
City Manager to meet and confer with Downey City Employees Association, Inc., Downey
Firemen's Association, and Downey Police Officers' Association, as authorized representa-
tives of the City Employees.
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen.- None
City Manager Thompson reported on the 105 Freeway Agreement, submitted by the State
Department of Public Works constituting a proposed agreement between the State Division
of Highways and the City of Downey. The following additions to the Freeway Agreement
were recommended by the City Manager:
1. References in the Agreement to any crossing of the proposed Freeway with
City streets should be so specified as to clearly indicate that the design of
the Freeway would be a depressed design, and all ramp connections and service
roads should be depressed where feasible and culminating at grade with exist-
ing City streets.
2. The Freeway Agreement should contain a statement that design and alignment
should be in accord with the design -which could be attached as Exhibit A, and
which should show the alignment as proposed by the City of Downey. The City's
proposal shows clearly those surface streets and those ramp connections as
required by the City, It also clearly indicates those surface streets which
should be left open or which should be connected with adjoining streets to
prevent, or minimize, poor neighborhood traffic circulation,
3. A statement should be made that a local office of the Division of Highways
would be opened and maintained somewhere east of the Long Beach Freeway, and
that a complete report covering acquisitions and relocations should be submitted
to the City on a periodic basis. The Agreement should also contain a statement
that the State Division of Highways would submit a detailed account of the
Appeal Procedures required by the State, and this report should be submitted to
the City prior to the beginning of right of way acquisition.
4. A statement should, be made which would allow existing owners or tenants to
remain in their present home until such time as it would 'become necessary for
the State to clear the area for construction purposes. At the time of vacation
of the property by the owner or tenant, the State should agree to a period of
120 days to accomplish demolition and planting of ground cover and, in the event
that such work was not accomplished, the City should 'be given the right to have
such, work done at the expense of the State. The 120 day period could also run
from the close of escrow in the event of prior relocation by the owner, or tenant.
5. The State Division of Highways should submit to the City a schedule adopted
by the State Highway Commission showing their total program including design
phase, property and acquisition phase, relocation and demolition, and construc-
tion. Such schedule should state a scheduled completion date. The Agreement
should further" provide that the State would pay to the City, in lieu of taxes,
such amounts as would have been paid to the City if the construction is not
completed as per schedule, or as per such change as might be reasonably agreed
upon by the City and State.
6. A statement should be included that any excess dirt, not required by the
State in construction, would, at the option of the City, be given to the City,
free of charge, for the purposes of improvement to public property.
Council Minutes 2/23/71 -7-
7. A provision should be made that the State Division of Highways would include
in their contract with a construction company the necessity for such contractor
to abide by the requirements of the City Engineer, in regard to any nuisance
which might be in violation of City Ordinances.
8, The Agreement should include a provision that all truck routes, as used for
construction, would be agreed upon by the City, and that the State would require
all contractors to meet specified load limits, as established by the City.
Further, the Agreement should provide that the City and State would mutually
inspect such routes prior to construction and would re -inspect the Same routes
following construction, and that the State would provide, at State expense,
restoration to bring the route back to a condition equal to that existing prior
to construction,
9. Art additional provision in the Agreement should clearly provide that all
-slopes a,d shoulders adjacent to and abutting the Freeway would be fully land-
scaped and planted prior to being opened for traffic, and such landscaping and
planting should be approved by the City.
10. There is also attached a copy of the Freeway alignment, as proposed by the
City of Downey, which should be attached as Exhibit A to the proposed Agreement
as revised. Any consideration of the State adopted route should include pro-
visions for changes as indicated in the attached memorandum from the Director
of Public Works, and as outlined in Items 1 and 2.
Councilman Winton commented relative to the suggested additions to the Freeway Agree-
ment and stated that these items were agreed upon verbally by the State Division of
Highways almost 100%. Further, the route as submitted deviates from the route approved
by the City Council.
It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the
following vote to receive and file the Freeway Agreement as proposed by the State
D>viseon or Highways, along with Exhibit A, the map attached.
AYES. 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES; 0 Councilmen: None
-_ ABSENT: 0 Councilmen: None
It was moved by Councilman Winton to authorize the City Manager and his staff to
prepare a counter -agreement which would include the additions recommended by the City
Manager, a depressed design throughout the City of Downey, and the route approved by
the C:ay Council, and to bring that agreemen.t back to the City Council for recommendation
and action, analpossible authorization of the Mayor's signature.
Mrs. Betty L. Ki.lpatrick, 8603 Meadow Road, member of the Board of Education and
representative on the Freeway Committee, requested that the School District be included
in the provision set forth in Item #5, payment in lieu of taxes. Mrs. Kilpatrick also
requested that the City negotiate with the State for the retention of air space.
Mr. Klinefelter, 9324 Parrot Avenue, stated he was in favor of the depressed
freeway and suggested the City use the excess dirt for beautification of the Rio Hondo
Golf Course.
Mr, Dan Gebel, State Division of Highways, stated that the Agreement submitted is a
Street Closure Agreement and the normal procedure is to submit a letter over the District
Eng.neeyls sign.acure indicating their position on the type of items referred to by
Councilman. Winton.. He stated the State will be glad to submit such a letter to the City.
Councilman Winton replied to comments of Mr. Dan Gobel and stated the letter from
the State Division has not been received.
City Manager Thompson reco=Tended that the City Council consider such a letter which
would be signed by the City and the State, committing both parties to the items set forth,
as a part. of the Freeway Agreement.
Councilman Jenc:.ings requested that the remarks of Mrs. Betty L. Kilpatrick be
included in. a written report to the City Council for the record. Mrs. Kilpatrick said
she would submit the written report.
Councilman Morton requested that the report of the School Board should include a
recommendation that the City proceed on the basis of action taken by the School Board.
Council Minutes 2/23/71 -8-
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The motion was seconded by Councilman Morton and passed by the following vote:
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
At 10:15 a.m., Mayor Ferris was excused from the meeting and Mayor Pro Tem Winton
conducted the balance of the meeting,
City Manager Thompson reported regarding the Resolution approving Final Subdivision
Map, Tract #25450. He stated steps are being taken to make a change by including a check
list to be submitted with the Subdivision information when it comes before the City
Council.
Cash Contract #SS-132, Unit 2, Stewart and Gray Road, between Woodruff and Firestone.
The City Attorney stated he had reviewed the Agreement to convey right-of-way for the
subject property and noted his recommended modifications in the language of the agreement.
It was moved by Mayor Pro Tem Winton, seconded by Councilman Jennings, and passed by
the following vote to approve the agreement with modifications as recommended by the City
Attorney,
AYES: 4 Councilmen: Morton, Winton, Jennings, Hollis
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
ORAL COMMUNICATIONS
Councilman Morton reported regarding a meeting with the Chamber of Commerce to
review reports submitted to the City Council and to discuss the possibility of setting up
a liaison program with the Chamber of Commerce. He stated the Chamber has established a
Site Committee whose purpose will be to encourage outside businesses to come in to Downey
and to look at some of the industrial land in Downey, particularly in District No. 1.
Councilman Morton said the City Council was requested to cooperate with them on this
particular committee and he had indicated they would do what they could to assist.
- Councilman Morton reminded the City Council of a dinner to be held at King's
Restaurant on March 4th to honor former Mayor Ben Corbin and his Wife.
Robert L. Shand, Director of Finance, thanked the City Council for requesting and
the City Manager for rendering his report on the Group Life Insurance Contract.
Mr, Perry Klinefelter, 9324 Parrot Avenue, commented regarding the Golf Course
Concessionaire Agreement. Mayor Pro Tem Winton requested that he correspond with the
City Manager, giving supplemental information to substantiate his statements.
Mr. Klinefelter also recommended improvements to the Golf Course to encourage people
to come into Downey to use this facility.
Councilman Giles Hollis replied to Mr. Klinefelteros comments, explaining that
recommendations for improvements to the Golf Course would be made by the Park and
Recreation Commission who would hold hearings on such matters, and at that time anyone
who wished would have an opportunity to speak on the matter.
Mrs. Betty Kilpatrick, 8603 Meadow Road, presented the annual report on the Downey
Rose Float Association. She stated it was a privilege to serve as President for the year
1970-71. She commended the City Council for their excellent appointments to this
Association and stated there were 25 to 30 very active members.
Mrs. Kilpatrick also recommended the employment of qualified personnel to operate
the electrical equipment in the Downey Theatre, as well as curtains and other equipment.
She said that for the first time in a number of years the Rose Float Association is
solvent. She said she would have a full written report and full accounting of the
expenditures of funds,
Mayon Pro Tem Winton commended Mrs. Kilpatrick for her excellent report and efforts.
He said the Association did a fine job of publicizing the City of Downey.
There being no further business to come before the City Council, the meeting was
adjourned at 10:30 a.m.
ELLEN C. DAVIS, CITY CLERK E G. FERRIS, MAYOR
Council Minutes 2/23/71 -9-