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HomeMy WebLinkAboutMinutes-02-11-74-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 11, 1974 TABLE OF MINUTE A C T ION S SUBJECT: Five Year Pin to Councilman Winton D,I,P, #647, N/s DePalma bet, Paramount & Gurley - Auth. Dept, Comm, Dev, to proceed D,I,P, #648, S/s DePalma bet, Paramount & Downey - Auth, Dept, Comm, Dev, to proceed D.I.P. #649, E/s Paramount bet, DePalma & Stewart & Gray - Auth, Dept, Comm. Dev, to proceed D,I,P, #636, Koopman & Pivot Resolution #2900, Confirming Assessment for Chapter 27 for D.I.P. #642, S/s Stewart & Gray bet Orizaba & Downey Aves, Minutes, January 14, 1974 & .January 22, 1974 Legal Claims (for i.n.formation. only) Legal Claims (for Council action) Ref', #IL 3, Rachel & Josephine Cabrera Ref, 1W47, Alan Robert Thomas Meeting Recessed to Executive Session Resolutioni #2901, Apprvg, Renewal of Lease bet, Soo Calif. Edison Co, & City Auth, Mayor to sign Agmt, (Crawford Park.) Resolution-#2902, Apprvg, Reappointment of Ford A. Dickerhoff to County -Downey Reg, Public Recreation Area Commission. Resolution #2903, Apprvg, Final Subdiv, Map of It #31403, Apprvg, Agmt, w/Subdividers & Acceptance of Cash on Deposit in lieu. of Surety Bonds (9191 Florence Ave,) .Assess Park Fees, Tr #31403 Resolution #2904, Expressing Strongest Opposition to AB 1181 General Warrants #29210 - 29364, #29365 - 29474, & #2947.5 - 29600 CC #338, Benares St, (DIP #645) - Award of contract & transfer of funds CC #SS-257, Unit II, & CC ,$SS-287, Stewart & Gray Rd, .from Paramount to Salford - Award of contract Status Report of Public Works Projects as of December 31, 1973 Traffic Barricading Report - Area bounded by Paramount, Downey, Gardendale, Adoree Page 1 of 2 ACTION: Approved Approved Approved PAGE N0, Taken under submission;property owners to be contacted Adopted Approved No action Denied Adopted Adopted Adopted Approved Adopted Approved Approved Approved Ordered filed Mayor to meet with citizens, February 28th 1 1 1 2 W 6 6 7 7 7 7 7 8 8 8 8 8 9 9 9 CITY COUNCIL MEETING OF FEBRUARY 11, 1974 TABLE OF MINUTE ACTIONS SUBJECT,. Driving Range Management Agreement - Rio Hondo Golf Course - bet, City & Mr, Andrews Acquisi,ton of Park Site 12334 Soo Bellflower Blvd. - Autho City Manager to enter into negotiations Alcoholic Beverages - Downey Recreation Center Suggestion of study re having Gardendale and Roster Rd, named as one thoroughfare Abandoned Service Stations Abandoned vehicle at Gotham and Lakewood Utility Users Tax Page 2 of 2 ACTION: PAGE NO. Terminated 9 Approved 10 Discussion 10 11 Request for preparation of strong ordinance 11 Request vehicle be moved 11 Request for report re method to stop increase in tax inclo decline in Sales Tax Revenue 11 MINUTES OF THE CITY COUNCIL' '^ OF THE CITY OF DOWNEY x '� FEBRUARY 11, 1974 The City Council of the City of Downey held a regular meeting at 7:30 p.m., February 11, 1974, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Councilmen: Walter S. Temple, Donald H. Winton, Thomas H. Morton, Richard M. Jennings ABSENT: Councilmen: Joseph E. DiLoreto (arrived at 7:30 p.m.) ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance James D. Ruth, Director of Parks d Recreation William A. Goggin, City Planner Loren D. Morgan, Police Chief J. D. Hughes, Captain, Fire Department William Fritsche, Assistant Building Official Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman Walter Temple, followed by the Flag Salute led by City Clerk Robert Shand. Mayor Richard Jennings presented a Five Year Pin to Councilman Donald Winton for his service to the City of Downey. Councilman Winton then presented the pin to his wife, Ethel. Mayor Richard Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No. 647, North side of DePalma Street between Paramount Boulevard and Gurley Avenue. He inquired if the City Clerk had the Affidavit of Post ng of Notice and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and, so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Ervin Spindel reported on the improvements for construction of sidewalks at three locations. He said the estimated costs are as follows: Site 1, 8219 DePalma Street - $143; Site 2, 8223 DePalma Street - $122; and Site 3, 11757 Gurley Avenue (DePalma Frontage) - $126. It was moved by Councilman Thomas Morton, seconded by Councilman Donald Winton, and so ordered to receive the Engineer's Report. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Thomas Morton, seconded by Councilman Donald Winton, and so ordered to close the hearing on Downey Improvement Project No. 647. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to grant authority to the Department of Community Develop- ment to proceed with the construction on Downey Improvement Project No. 647, North side of DePalma Street between Paramount Boulevard and Gurley Avenue. AYES: 4 Councilmen: Temple, Winton, Morton, Jennings ABSENT: 1 Councilmen: DiLoreto Mayor Richard Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No. 648 South side of DePalma Street between Paramount and Downey Avenue. He inquired if the City Clerk had the Affidavit of Posting of Notice and Mailing, to which the City Clerk responded in the affirmative. Council Minutes 2/11/74 -1- 17, It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Ervin Spindel reported on the improvements for construction of sidewalks at two locations. He said the estimated costs are as follows: 8246 DePalma Street, $122, including matching funds; and 11832 Paramount Boulevard (DePalma frontage), $1,957, not including matching funds. Councilman Joseph DiLoreto arrived at the meeting at 7:38 p.m. It•was;moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to accept the Engineer's Report. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Thomas Morton, seconded by Councilman Donald Winton, and so ordered to close the hearing on Downey Improvement Project No. 648. It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and passed by the following vote to grant authority to the Department of Community Develop- ment to proceed with the construction on Downey Improvement Project No. 648, South side of DePalma Street between Paramount and Downey Avenue. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Mayor Richard Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No. 649, East side of Paramount Boulevard between DePalma Street and Stewart and Gray Road. He inquired if the City Clerk had the Affi- davit of Posting of Notice and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Walter Temple, seconded by Councilman Thomas Morton, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Ervin Spindel reported on the improvements for construction of sidewalks at 11837 Paramount Boulevard and said the estimated cost is $1,059. It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and so ordered to receive and file the Engineer's Report. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and so ordered to close the hearing on Downey Improvement Project No. 649. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to grant authority to the Department of Community Development to proceed with the construction on Downey Improvement Project No. 649, East side of Paramount Boulevard between DePalma Street and Stewart and Gray Road. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Mayor Richard Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No. 636, Koopman Avenue and Pivot Street. He inquired if the City Clerk had the Affidavit of Posting of Notice and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Council Minutes 2/11/74 -2- Community Development Director Ervin Spindel reported on the completed improvements and costs at the following locations: Site 1 - 11434 Koopman Avenue - Total assessment and interest, $3,494.33. Site 2 - 8107 Phlox Street - Total assessment and interest, $988.16. Site 3 - 8113 Phlox Street - Total assessment and interest, $988,16. Site 4 - 8117 Phlox Street - Total assessment and interest, $767.77. Site 5 - 8121 Phlox Street - Total assessment and interest, $463,68. Site 6 - 8017 Phlox Street - Total assessment and interest, $1,746.66. Site 7_- 11426 Koopman Avenue - Total assessment and interest, $4,037.73 Mr. Spindel pointed out that the assessments for the property on the west side of Koopman Avenue include paveout matching funds since this was done on a voluntary basis. He said at the hearing on the work some of the property owners on Pivot Street requested paveout matching funds, however, it was felt matching funds were not justified at that time, and the assessments do not reflect them on Pivot Street. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive the Engineer's Report. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the improvements. Mr. Henry Rechin, 8107 Phlox Street, stated when the City took over the street there was an existing alley, it was paved before, and it is the City°s responsibility to pave it, not the property owners. He said there was to be another meeting with the pro- perty owners prior to the improvements, but the improvements were put in and the property owners billed. Mayor Jennings mentioned the necessary meetings were held, the property owners had been duly notified for each meeting, and the property was properly posted before the improvements were put in. Mr. Rechin indicated he attended each meeting, and there was to have been another meeting after that. Mr. Spindel said the public hearing was held on August 13, 1973, and there were quite a few people in attendance. He stated the file contains a copy of the notice sent to Mr. Rechin, and also the notice was posted on Pivot Street frontage. Mr. Rechin asked why the property owners should pay for paving a street that was paved once before. He said he does not recall receiving a notice that the street was to be paved,with the property owners paying for it. Mrs. Gladys Wellman, 8113 Phlox Street, indicated the front of her property is not on Pivot Street, but the back of her property is. She referred to an area in the neighborhood of Smallwood Avenue, Third Street, and Rives Avenue, wherein the City was putting in some improvements, and after causing damage to a couple of driveways, the City put in new ones at no cost to the property owners. Mrs. Wellman indicated the property owners on Phlox Street paid for their own driveways. When asked for the locations of the properties, she said the second house on Smallwood and Third Street. Mr. Spindel explained the City was putting in gutters which changed the grade so much the driveways could not be used, and it was necessary to build new driveways. He said in that case the property owners are not charged. Mr. Spindel commented the por- tion of Pivot Street that is now under consideration was dedicated to the City in. August, 1965, with all of the right-of-way coming from the property to the north; that prior to that time Pivot Street was a private easement. He stated over the years there was some rock and oil put in the street, however, the street was never improved to City and County standards. He said he believes rock and oil was put on the street by the property owners. Councilman Joseph DiLoreto indicated at the meeting of August 13, 1973, it was his understanding that Mr. Spindel was going to meet personally with the property own.ers after reviewing the claims made. Councilman Temple concurred. Mrs. Wellman mentioned Mr. Chrysler owned the property in back on the north side of the street, which he paved. She explained that Mr. Chrysler had approached the other property owners and said he would pave the street if they would give so much land; Council Minutes 2/11/74 -3- that she.moved.:her fence back nine -to -ten feet, but when no one else did, she latermoved it back out again. However, she said, the street was paved. Councilman DiLoreto asked if it is the City's responsibility to sweep and maintain a street after it becomes a dedicated street, which this one is. Mr. Spindel replied the City does not sweep unpaved streets. Councilman Temple inquired if the property owners will receive any benefit from the paving of Pivot Street. Mr. Spindel stated they will be able to use Pivot Street, inas- much as they have access rights to the street, and it is possible they could benefit should they decide to split their lots or have double access. Mr. Spindel read from the Council Minutes of August 13, 1973, regarding this matter and said the project was then advertised for bids. He stated the contract was awarded at the Council meeting of October 8th, at which time he submitted a report on the dedication and of the rock and oil placed on Pivot Street. He said the instruction was if it was unclear, the property owners were to be contacted, and at the time of sub- mitting his report there were no further instructions. Mrs. Wellman indicated the only notice she received was last week regarding the assessment. She said the property owners do not use and never have used Pivot Street. Mrs. Wellman stated the property owners expected to have another meeting on this, Councilman Thomas Morton asked if any of the property owners actually have access onto Pivot Street. Mr. Spindel replied they have wooden fences, and one or two have gates. He pointed out that the file contains a receipt for certified mail which was sent to Mrs. Wellman August 10, 1973, telling her there would be a public hearing on August 13th, and if she had any questions to call the project engineer. He said the same letter was sent to all of the people in the district by certified mail. Councilman DiLoreto asked if there was another meeting after the public hearing, and Mr. Spindel said.noe., Councilman Morton questioned the possibility of the property owners not having access, or if they close up any present access, and there £s'nosimmediate benefit of the construction, will the costs applying against each of these properties apply only in the event they divide their lots or take future access onto Pivot Street. City Attorney Royal Sorensen replied he does not know of any way of deferring and imposing the costs at a later date. Mr. Dick Raabe, owner of property at 8117 Phlox Street, indicated the property owners would not hesitate to pay for paving or resurfacing Pivot Street if it would benefit their property, however, the City has paved a section of land in back of their property to which they have no access or use, and the improvements do not increase the value of their property. He said they do not use the street, they do not drive on. it, and there is no way they will ever have merchandise delivered to their property over this street. Mr. Raabe pointed out that Pivot Street is expressly for the businesses located there and not for the properties in question. He noted the only benefit he will receive from the paving is that it will not raise any dust from the cars and trucks. Mr. Raabe referred to the fact that Mrs. Wellman is living on a Limited income, and this assessment will be a hardship for her. He indicated the rest of the property owners are businesses that are not large enough to easily write-off $500 for the assessment. Mayor Jennings asked Mr. Raabe if he would be willing to give up permanent access rights to Pivot Street in lieu of paying for the assessment. Mr. Raabe said yes. Discussion followed. Mr. Lloyd Hall, owner of property at Koopman and Pivot, spoke in favor of the improvement but asked that the general contractor be contacted to clean up a wall on his property that was soiled. This matter was turned over to the Director of Community Development. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to close the hearing on Downey Improvement Project No. 636. Council Minutes 2/11/74 -4- Councilman Morton proposed to take Downey Improvement Project No. 636, Koopman Avenue and Pivot Street, under submission to the Council meeting of March llth and determining from each of the property owners whether or not they will be agreeable to not having any access at all onto Pivot Street, making that permanently non -accessible. If so, he said, then the Council should consider the redistribution of costs or of the City absorbing some of the costs, Councilman Morton stated it is hard for him to see why they should bear a cost where there is no benefit to them as property owners. He indicated if the property owners want to split their property and put a building on the rear and have access onto Pivot Street, then they should bear their proportionate share of the costs; that when they have some benefit or have access to Pivot Street, the Council should then take another look at it, Councilman Temple concurred. Councilman DiLoreto indicated he has personally viewed Pivot Street, and it looked like it was paved at one time by the County or the City and not maintained. He said the City accepted the property, which is a dedicated street, it assumed a certain amount of liability, and if someone were injured and it was proven the City was negligent, the City would be liable, not the property owners, Councilman DiLoreto commented he considers this as part of the maintenance, and the property owners should not have to pay anything, Councilman Winton asked about the legality relative to the dedication of property by the property owners to the north, which is a commercial enterprise, and whether or not there is a Liability for those to the south, Mr. Sorensen said if the City accepted the street in an unimproved condition, then the question of improvement comes under the provisions of either the major improvement act of 1911 or short form proceedings of Chapter 27, as it has done in this case. He stated under Chapter 27 proceedings, it is those properties fronting upon the street that pay for it, and the obligation goes to the mid point. Mr. Spindel explained this dedication was required by a zoning case by the Planning Commission; also, the properties on the north dedicated the entire 40 feet and were re- quested to improve the north half, including putting in total gutter up to the limit of their property, He said this is why some of the assessments are less than others on Pivot Street because gutters were already in, Councilman Temple asked if the south side of the street had anything to say about it at all. Mr. Spindel replied nog but they still get the benefit of using the street, having access from it, Councilman Morton said the costs could apply if a property owner decided to divide his lot and have access onto Pivot Street, but until they do, there is no benefit to them at all, Mr. Sorensen mentioned since the Council has indicated a motion to take this matter under submission, if the property owners whose property lies between Phlox and Pivot conveyed to the City their access rights onto Pivot, then the City would be able to prohibit access from those lots onto Pivot Street, and in consideration for eventually conveying back the access rights the City could attach the reimbursement factor; but, it would require the conveyance of the access rights by the present property owners. Councilman Morton commented he was on this street two Saturdays ago, and there were three trucks parked there. He said it is being used more as a parking area, than through- way, and it is a difficult street for the general public to use, The motion to take this matter under submission was seconded by Councilman Donald Winton and passed by the following vote. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Mayor Richard Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No, 642, Sites 1 and 3. South side Stewart and Gray Road between Orizaba and Downey, He inquired if the City Clerk had the Affidavit of Posting of Notice and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to receive and file the Affidavit, Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not, Council Minutes 2/11/74 -5- r `Gi ei A - Community Development Director Ervin. Spndel reported on the improvements for construction of sidewalks at the following locations: Site 1 - 8214 Stewart and Gray Road - Total assessment and interest, ,209.80. Site 3 _ 11903 Downey Avenue (Stewart and Gray frontage) - Total assessment and. interest, $29:20540 He pointed out that Site 1 is receiving matching funds —Site 3 is not. It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and so ordered to receive the Engineer°s Report, Mayor Jennings inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and so ordered to close the hearing on. Downey Improvement Project No. 642. RESOLUTION NO. 2900 A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF DOWNEY' CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 642, SOUTH SIDE OF STEWART AND GRAY ROAD, BETWEEN OR1'2ABA AND DOWNEY AVENUES The Resolution. was read by ti.tle only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive .further reading. I:t. was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt. Resoiuti.00 No. 29000 AYES: 5 Councilman. Temple, DiLoreto, Wia ton, Morton, Jennings It was moved by Councilman Thomas Morton., seconded by Councilman. Walter Temple, and passed by the following vote to approve the Minutes of the City Council Meeting of January 14, 19740 AYES: 5 Councilm.e"n.o Temple, Di.Loreto, Winton, M'or"to:u, Jennings It was moved by Councilman Thomas Morton, seconded, by Councilman Walter Temple, and passed by the following vote to approve the Minutes of the City Council Meeting of January 22, 1974, AYES: 4 Councilman- Temple, DiLoreto, Morton., Jennings ABSTAIN. 1 Councilman. Winton Communication from Mrs. E, Fo Holmes regarding Appreciation. to Downey Fire Department. Ordered filed, Communication from City of Pico Rivera regasdirg Resolution. in Opposition to Pro_, posa,l re Transportation Policies, Ordered filed, Communication from City of Pico Rivera regarding Resolution: Urging Equal Consumer Representation on. the Public Utilities Commission, Ordered filed. Communication from City of Pico Rivera regarding Resolution OP2osi,ng Addition of 'Two Representatives representing Special Districts to LAFCO, Ordered filed. Communtcati,on from Public Utilities Commission. regarding Energy and Fuel Requirements. Ordered filed, Communication from Western. Union Telegraph Company regarding Notice of Proposed Tariff Changes. Ordered filed. Mayor Richard Jennings inquired if Western Union has an office in town and if it comes under the Utility Tax. Finance Direct.or R�.cbard Patton replied that Western Union does have a small office in town and is not subject to the Utility Tax. Communication from City of Hawthorne regarding Resolution in 0 Bill 36.57 and House of Representatives Bill No, 152:30 re Clergy Tax filed Council Minutes 2/11/74 -6- Communication from Environmental Coalition of Orange County Urging City of Downey to Reconsider Position on San Onofre Nuclear Power Plant, Ordered filed, Communication from California Coastal Zone Conservation Commission regarding Appreciation for City of Downey°s Resolution re ,Expansion of San Onofre Nuclear Generating Plant, Ordered filed, Communication from Dorothy Trimmell regarding Appreciation to Downey Fire Department, Ordered filed. Communication from Public Utilities Commission regarding Application of Telephone Co, for authority to increase rates re Telephone Answering Service, F4 1 -A LEGAL CLAIMS (for information only) Ref, #144, James d Marilyn Coleman Ref, #145, State Farm Insurance (d Harold Gjersoe) Ref, #146, Thomas G. Nieves LEGAL CLAIMS (for Council action) Ref, #143, Rachel and Josephine Cabrera. Ref, #147, Alan Robert Thomas It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and passed by the following vote to deny the dal claims of Rachel and Josephine Cabrera, Ref, #143 and Alan Robert Thomas, Ref. #147, as recommended by the carrier. AYES. 5 Councilmen. Temple, DiLoreto, Winton, Morton, Jennings Mayor Richard Jennings recessed the meeting to Executive: Session at 8:30 p.m. The meeting resumed at 8t58 p.m, with, all Councilmen present., RESOLUTION NO, 2901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING RENEWAL OF LEASE BETWEEN SOUTHERN CALIF'ORNIA EDISON COMPANY AND THE CITY OF DOWNEY AUTHORIZING THE MAYOR TO SIGN AGREEMENT (CRAWFOR'D PARK.) The Resolution was read by title only. It was moved by Councilman Thomas Morton., seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman. Thomas Morton, seconded by Councilman 'Donald Winton, and passed by the following vote to adopt Resolution No. 2901, AYES. S Councilmen: Temple, DiLoreto, W3:nton, Morton, Jennings RESOLUTION NO, 2902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF DOWNEY APPROVING THE REAPPOINTMENT OF FORD A. DICKERHOFF AS A MEMBER OF THE LOS ANC4ELES COUNTY-DOWNEYREGIONAL PUBL:C RECREATION AREA COMMISSION The Resolution was read by title only, Ir was moved by Councilman Donald Winton, seconded. by Councilman ,Jo.sepb. DiLoreto, and so ordered to waive further reading, It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to adopt Resolution No, 29020 AYES: 5 Councilmen. Temple, Di.Loreco, Winton, Morton, Jennings RESOLUTION NO, 2903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO, 31403 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPTANCE OF CASH ON DEPOSIT IN LIEU OF SURETY BONDS (9191 FLORENCE AVENUE) Council Minutes 2/11/74 R The Resolution was read by title only. City Planner William Coggin indicated the Council should assess park fees for the development to the extent of $4200. He said the money is on hand and based on $175. per unit. It was moved by Councilman Thomas Morton, seconded by Councilman Walter Temple, and passed by the following vote to assess park fees, as recommended. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings -- Councilman Joseph DiLoreto reported that when he and Councilman Walter Temple were elected to the City Council, their first assignment had to do with the Apartment House Survey Committee. He said this property was the subject of an extensive report and re- view of the single family residence, and the man who eventually bought the development appeared before the Council, presented petitions, and stated in his opinion the property could be developed R-1. Councilman DiLoreto commented the gentleman was instrumental not only in preventing the development of a particular apartment by a man who probably has one of the finest in the City, but also acquired the property and subsequently turned around and developed it into a. condominium. He said the gentleman had indicated the pro- perty could be developed R-1 and after his subsequent purchase developed the property on the basis of a condominium apparently to the satisfaction of all. It was moved by Councilman Thomas Morton, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Thomas Morton, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2903. AYES: 5 Councilmen. Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2904 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXPRESSING STRONGEST OPPOSITION TO AB 1181 The Resolution was read by title only. City Manager Charles Thompson reported Assembly Bill 1181 has passed the House and been. referred to the Senate. He said the Bill, did, however, have some amendments, one of which was the deletion of the provision allowing a tax by the regional agency. He indi- cated, however, it still does contain a provision for mandatory involvement of membership in the regional agency. It was moved by Councilman Thomas Morton, seconded by Councilman Donald Winton, 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 adopt Resolution No. 2904. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton., Jennings Councilman Donald Winton indicated if this is the type of representation it appears Mr. Gonzalves will give the City, he, for one, will be very strongly opposed to Mr. Gonzalves in his race for Assemblyman.. It was moved by Councilman Thomas Morton, seconded by Councilman Walter Temple, and passed by the following vote to approve General Warrants #29210 - #29364. $97 438 55, #29365 - #29474, $276,356,95, and #29475 - #29600, $65,692.73. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Following a summation of bids, it was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to award Cash Contract #338, Benares Street (D.I.P. #645), in the amount of the unit prices bid to Sully -Miller Con- tracting Company of Long Beach to complete the street improvements on Benares Street between Mitla Avenue and Old River School Road., and the following transfer of funds: Amount From To $1,000 Gas Tax Fund Balance (Fund 27) A/C #27-11342 Council Minutes 2/11/74 -8- Mayor Richard Jennings suggested the Council not transfer the funds as recommended of $1,000 because 95 percent of the Downey Improvement contracts that come before the Council in their final phase require additional money, He asked why this cant be left until the final phase, Community Development Director Ervin Spindel explained there may be some extra work involved. He said this $1,000 would hopefully give enough appropriation to take care of any .small extra work. Mayor Jennings pointed out the low bid is $800 above the Engineer's estimate. Councilman Thomas Morton indicated to Mr. Spindel he would like to see a date inserted upon his memos for recommendations submitted to the Mayor and City Council, Councilman Walter Temple mentioned he will abstain from voting on. this matter, inasmuch as Sully -Miller is a subsidiary of Union Oil Company, Roll call vote., AYES: 4 Councilmen.., DiLoreto, Winton, Morton, Jennings ABSTAIN: 1 Councilmen: Temple Following a summation. of bids, it was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and passed by the following vote to award Cash Contract #SS-257 Unit 'II, and Cash Contract #SS-287, Stewart and Gray Road from Paramount Boulevard to Salford Avenue, to Sully -Miller Contracting Company of Long Beach in the amount of the unit prices bid for the street improvements. Responding to questions, Community Development Director Ervin Spindel stated a sewer is being constructed on the south side of Stewart and Gray Road west of Old River School Road, and the laterals are also in place, He said anybody wishing to hook up to the sewer will have to pay charges for a portion of the cost of the sewer, and this is being done now so that the street won't have to be dug up later, Mr. Spindel further indicated the laterals are encased because they are crossing a water line, Councilman Walter Temple stated he will abstain from voting on this matter, inasmuch as Sully -Miller is a subsidiary of Union Oil Company, AYES: 4 Councilmen: DiLoreto, Winton, Morton., Jennings ABSTAIN: 1 Councilmen: Temple The Status Report of Public Works Projects as of December 31, 1973 was ordered filed, Traffic Barricading Report - Area, bounded by Paramount Boulevard, Downey Avenue, Gardetndale Street. and Adoree Street Mayor Richard Jennings mentioned he talked with the Director of Community Develop- ment and they agreed Thursday, February 28th, would be an appropriate time to have a meeting, and the Director will select a meeting place and inform all of the people in. that area by letter as to the time and place of the meeting, It was moved by Councilman Donald Winton, seconded. by Councilman Walter Temple, and passed by the following vote to terminate the existing Driving Range Management Agreement Rio Hondo Golf Course between. the City of Downey and Mr, Lani.n.g Andrews .for the operation of the Rio Hondo Golf Course Driving Range, Mayor Richard Jennings referred to the $600 a month reduced cost as proposed in the recommendation and asked if this amount of money was set up with the professional to partly defray the light 'bill, Parks & Recreation Director James Ruth replied the City was paying the utilities, and this is an accurate figure, Councilman Temple mentioned in 1972 a study was done on the Golf Course Driving Range operation. and analysis and the best method of operating the driving range, as recommended by Staff., was to have a professional operate it. He recommended a recon- sideration by the Council in tbree-to-four months regarding the Driving Range operation to determine whether to have one professional operate both the Pro Shop and Driving Range rather than the City operating one. He requested a status report back on. the Ci.ty's operation of the Driving Range and what can be worked out with a pro, Council Minutes 2/11/74 -9- Discussion followed. Councilman Joseph DiLoreto called for an up-to-date and realistic analysis of the reason why the driving range is not being fully used, and he asked Mr. Ruth to give this matter some concerted effort. He said this should be number one priority, inasmuch as the City has invested a lot of money and should be breaking even. Mayor Jennings pointed out that the driving range has not been properly publicized or maintained. Roll call vote: AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings CITY MANAGER'S REPORT City Manager Charles Thompson reported on Acquisition of Park Site at 12334 South Bellflower Boulevard. He said after a review and study it has been determined there are not too many potential sites available, but this site is available and would serve the needs as a general park site. He emphasized this would not be a neighborhood facility but would be a larger park for the area and lies immediately south of the heliport site, also adjoining the City garage facilities. Mr. Thompson said this would allow not only the development of a general park but would also provide a safety measure for the possi- ble future expansion of the Public Works garage, if it ever became necessary, In addition, he stated, the Council has already authorized the development of tennis court facilities at the old heliport site, and if this site were to be purchased, it would allow the moving of that facility to this property. Mr. Thompson commented on the size of the property and indicated there is an existing building used in connection with a driving range. He mentioned there are some existing lights that could be utilized. Mr. Thompson requested Council authorization to negotiate the purchase of property and bring back to the Council details of the negotiation, if successful, for final Council approval. He added that Capital Improvement and Revenue Sharing Funds would be utilized in the acquisition of the facilities, the details of which would have to be negotiated. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to authorize the City Manager to enter into negotiation. for the Purchase of a Park Site at 12334 South Bellflower Boulevard. Councilman. DiLoreto said he thinks the City should consider divesting itself of the interest in the surplus fire station located on Downey Avenue' and also the heliport. Mayor Richard Jennings remarked Councilman Morton had requested a year, ago that a thorough study be made to determine whether the City wanted to use the site for City purposes before the City divested itself of the fire station site. Councilman Thomas Morton concurred and said he thought the matter should be surveyed to see what use could be made of, the fire station site, such as for the Historical Society, the Downey Centennial, or senior citizens meeting hall. Mayor Jennings requested the City Manager to make such a survey and return it to the City Council. Roll call vote: AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton., Jennings ORAL COMMUNICATIONS Mr. Joe Deckerg 9046 Raebert Street, inquired regarding the disposition of the Ordinance permitting or not permitting alcoholic beverages at the Downey Recreation Center. City Manager Charles Thompson replied that a report had just been submitted today to the Council from the Park & Recreation Commission. He said he felt sure the report would be ready for appearance on the Council Agenda for the February 26th meeting. Mr. Decker asked about the Commissionss recommendations. He was informed by Mr, Thompson that the Commission basically ruled against the sale or use of aocoholic beverages in the Theatre and Recreation. Center. Portions of the Report were read in answer to Mr. Decker's questions. Council Minutes 2/11/74 -10- Councilman Walter Temple indicated the Park & Recreation Commission is concerned over the sale of alcohol by groups coming in for parties. Councilman Donald Winton suggested the initiation of a study relative to having Gardendale Street and Foster Road named as one complete thoroughfare --either as Gardendale Street or as Foster Road. Community Development Director Ervin Spindel pointed out that Gardendale Street travels at an angle and then Foster Road takes off just east of Lakewood and Gardendale. He said there is a Gardendale Street in Bellflower south of Foster Road. Councilman Winton requested preparation of a strong ordinance relative to Abandoned Service Stations, especially if there is a condition where gasoline is being stored in the tanks of the abandoned station and being held in violation of retail sales. He called for an ordinance relative to dismantling the stations and fixing them as a storage warehouse type of operation rather than retail sales. Captain J. D. Hughes of the Fire Department explained this matter is being worked on at the present time with respect to the Fire Code. Councilman Winton inquired about enforcing the use of blacktop on property after the storage tanks have been removed. He commented on the property at the following locations: Lakewood at Gardendale/Foster Road, and Downey Avenue at Gardendale. Councilman Joseph DiLoreto spoke of still another problem pertaining to the north- east corner of Lakewood and Imperial, wherein for months people have been using the property for displaying used vehicles for sale, He said the cars have been sitting there for months and they are never washed or cleaned. Assistant Building Official William Fritsche indicated the property owner at that location has submitted a plan for building on that corner and is now taking bids for the construction of a business. Councilman DiLoreto said the problem also exists in other areas of the City. Discussion followed. Councilman Thomas Morton reported on an abandoned vehicle at the corner of Gotham Avenue and Lakewood Boulevard. He asked that the vehicle be moved. Mayor Richard Jennings spoke regarding the Utility Users Tax adopted by Ordinance No. 384 in August, 1970, and of his support for the tax since it was adopted. He said it was and still is a necessary ordinance, and he mentioned the revenue it brings to the City in lieu of raising property taxes. Mayor Jennings referred to the increasing rates of utility companies and of the revenue derived from the tax. He commented on the in- creased revenue as a result of the rate increases for utilities and of the revenue received to date during each, fiscal year. Mayor Jennings said he thinks it is time to put some kind of a stop on the increase in the Utility Tax, and he offered the following methods: To decrease the amount of the tax from five to four percent; or, his preference, to peg the Utility Users Tax at the July 1, 1973 rate. He requested the City Manager and the Director of Finance to look into this matter and bring back a report at the next Council meeting as to which system would be more equitable and easily upgraded. Councilman Thomas Morton asked that the report on the Utility Users Tax include a report on the amount of the Sales Tax Revenue, along with the Sales Tax Revenue pro- jected on a graph showing the decline of revenue for the lack of sale of large vehicles so that the Council can see how much the City may be losing in other areas. There being no further business to come before the City Council, the meeting was adjourned at 9:42 p.m. i rZ-c Robert L. Shand, Cit Clerk -Tr asurer Richard f. J ings, M ,7or Council Minutes 2/11/74 -11-