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HomeMy WebLinkAboutMinutes-12-09-74-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 9, 1974 T A B L E O F M I N U T E A C T I O N S SUBJECT* ACTION: Expansion of City Hall City Manager to make recommendations re analyst Cake -cutting ceremony for City's 18th Birthday Downey City Lighting District, Annex. 74/21, Paramount Blvd. Resolution #3063, Confirming Assmt. for Chapter 27 for DIP #643 A & B, East & West side Susan Ave. N/o Via Amorita Appeal, Zone Exception Case #1182 for sign at 8509 Imperial Hwy. Minutes, November 26, 1974 Agenda correspondence items Denial of Legal Claim, Timothy Sanchez, Ref. #207 Purchase of Paramedic Vehicle, Fire Dept. - Plans, specs & auth. to advertise General Warrants #135018-135160, Hearing continued to 12/24/74; City Mgr. to answer questions of Ken Miller Adopted Deferred pending full Council Approved Filed Approved Approved PAGE NO. 1 L 2 3 3 3 3 3 3 #201197-201217, #135161-135334, #201218-201231 Approved 3 Comm. from PUC re Appl. #55345 of So. Cal. Letter in opposition to include Gas Co. for Increase in Rates opposition to increase for advertising purposes 3 CC #368, Downey SE Park Tennis Court Approved; request for study re Lighting - Plans, specs. & auth. to advertise costs f/moving driving range fence Ordinance Adding Sec. 3332 to DMC Amending Sec. 13.301(c) Uniform Fire Code, 1973 Edition Ordinance #471, Amending Sec. 6599.8 DMC re Publication Vending Machines in Violation Resolution #3064, Req. FHWA to Revise Standards & Procedures re Noise Level Requirmts on Federal -Aid Urban System Projs. Resolution #3065, Auth. Incurring of Cost for Dev. of Comm. Dev. Appl. & Plan CC #SS-297, Firestone Bl. at Old River School Rd. - Award of contract CC #SS-295, Brookshire Ave., Firestone to Stewart & Gray; Widening from Manatee to Stewart & Gray DPC #93, Orizaba Ave. S/o Stewart & Gray - Acceptance of dedication & improvements Sidewalk Matching Fund Policy Agreements w/Chamber of Comm. & Jaycees Substitution of Subcontractor at New Fire Station, 12222 Paramount Blvd. Request for Supplemental Appropriation of Funds, New Fire Station Equipment Re -introduced; request for data re L.A. basin cities adopting similar ordinance Adopted Adopted Adopted Approved Approved Approved Under subm. for full Council Mayor authorized to sign Approved Approved 4 4 4 5 5 5 5 6 6 6 6 6 Page 1 of 2 COUNCIL MINUTES, DECEMBER 9, 1974 TABLE OF MINUTE ACTIONS SUBJECT: Agreement for Solid Waste Collection Contract for Zones I and II w/Calsan, Inc. Appointment to Mosquito Abatement Dist. Feasibility Study for Municipal Electric Distribution Service Request for Additional Crossing Guard, Imperial and Orizaba - Appropriation of funds Inquiry re status of excavation project on Stewart & Gray between Vultee & Corrigan Proposition 9 - Request for City Attorney & City Clerk to keep Council alerted Tri-City Fire Department - Request for Three Council Meeting ACTION: PAGE NO. Extended to March 31, 1975 7, 8 Taken under submission for next meeting 8 Held for full Council 9 Approved 9 City Manager directed to respond in writing 9 10 Council meeting adjourned to study session, 5330pm, 12/12/74 10 Page 2 of 2 MINUTES OF THE CITY COUNCIL ..r59 OF THE CITY OF DOWNEY DECEMBER 9, 1974 The City Council of the City of Downey held a regular meeting at 7:30 p.m., December 9, 1974, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Councilmen: Walter S. Temple, Donald H. Winton, Hazel N. Scotto, Richard M. Jennings ABSENT: Councilmen: Joseph E. DiLoreto (excused) ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Richard D. Patton, Director of Finance Edwin H. Wood, Fire Chief Robert R. DeSio, Superintendent, Physical .Services Division William A. Coggin, City Planner Ray Lake, Building Official William Harper, Theatre Manager G. Pete Stone, Captain, Police Department Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Ivan C. York, Pastor, Downey Tabernacle, followed by the Flag Salute led by Councilman Winton. Mayor Jennings reported that during the last three budget study sessions, the Council has reviewed requests from Department Heads for Expansion of the Present City Hall in varying amounts. He said these requests were turned down because it was felt that spending an inordinate amount of money on this building would be false economy, and he has requested the City Manager to provide information on new City Halls in Southern California. A slide presentation of various City Halls throughout Southern California was shown and narrated by City Manager Thompson. Mayor Jennings said the purpose of bringing up this matter is to point out that the Downey Elementary School is closed, the City is contemplating taking steps to do away with the yellow building at Firestone and Dolan, and it is time to begin discussing space requirements for a new civic center. The City Manager was requested to present to the Council in the near future recommendations for employing a space analyst regarding the needs of a City Hall with the population the size of Downey and the need for library expansion or a new library. In honor of the City's 18th Birthday, Mayor Jennings recessed the meeting for a cake -cutting ceremony, The meeting resumed with Councilmen Temple, Winton, Scotto, Jennings present; Councilman DiLoreto absent. Mayor Jennings declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 74/21, Paramount Boulevard. He inquired if the City Clerk had the Affidavits of Posting and Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Affidavits. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the Annexation. Mr„ Kenneth Miller, 7336 Cleargrove Drive, said he was not actually protesting the installation of lights but felt he had information that should be considered by the Council regarding a signature on the lighting district petition. In the course of discussion, Mr. Miller asked the following questions: 1. Has each Council member seen the petition? None of the Council members had seen the petition. Council Minutes 12/9/74 -1- 7 G> Jr 2. Is the City Council establishing a policy of no charge for installation so as to induce property owners to sign petitions favoring street lights? City Manager Thompson said the Edison Company is installing the lights without charge. 3. Will payment for the new lights come from the assessment or the General Fund, or where is the payment going to come for the on -going expense of these lights? City Engineer Henriksen said the payment for the traffic signal synchronization and traffic signal upgrading systems are paid for out of the UTC funds allocated to the City. It was noted that no City funds are involved. 4. Is this true of all street lights located on top of traffic signals? 5. Is the traffic safety signal lighting included in the amount that is going to be assessed the property owners throughout the City or is it coming from a separate fund? Mr. Henriksen said he could not provide an answer at this time. 6. Is the Council establishing a policy of paying for installation? Mayor Jennings said not necessarily. 7. Will people up on Lemoran between Brookpark and Cedartree be getting any of the free installations or are they going to pay the entire tab? Mayor Jennings said the questions will be answered at the next meeting. 8. Is the signature of a tenant valid on a petition? Mayor Jennings indicated he would request through the City Manager that the Department of Community Development make a thorough investigation of this lighting district, 74/21, and report back to Council. Mr. Miller referred to Section 18076, Chapter 5, of the Streets and Highways Code and asked whether Council°s intent as stated in the newspaper would prevail or whether the Streets and Highways Code would prevail regarding street lighting installation. Discussion followed regarding lighting district petitions and the petition for this proposed lighting district. Mayor Jennings asked the City Attorney if Council can take the hearing under abeyance and leave the hearing. City Attorney Sorensen said the hearing can be continued until the next meeting. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to continue the hearing on. Downey City Lighting District Annexation 74/21, Paramount Boulevard, to 8:00 a.m., December 24, 1974, in the Council Chambers of the Downey City Hall. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto Mayor Jennings welcomed two Political Science Majors from Cerritos College, Cathy Beard and Mary Kay Schroeder. Mayor Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No. 643A, Site 1, and No. 643B, Site 1, East and West Side of Susan Avenue North of Via Amorita. He inquired if the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman 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. Council Minutes 12/9/74 -2- Cash Contract #368, Downey Southeast Park Tennis Court Lighting 3U 157 Mayor Jennings requested a study regarding the costs for moving the old driving range fence to the 9th hole at the Rio Hondo Golf Course. Discussion followed regarding the tennis court lighting. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to approve plans and specifications for Cash Contract #368, Downey Southeast Park Tennis Court Lighting, and grant authority to advertise for bids. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 3332 TO THE DOWNEY MUNICIPAL CODE AMEND- ING SECTION 13.301 (c) OF THE UNIFORM FIRE CODE, 1973 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE WESTERN FIRE CHIEFS ASSOCIATION The Ordinance was read by title only. It was moved by Councilman Temple, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to re -introduce the Ordinance. Responding to questions, Fire Chief Wood said the change in the Ordinance relates to apportionment of costs should another user come in on the water mains required. Mayor Jennings inquired if any of the surrounding cities have adopted a similar ordinance. Chief Wood replied he did not know of any. He said he felt in view of the new Zoning Ordinance, it is necessary that this be adopted into the Downey Municipal Code to ensure that the City has proper fire protection in the future, although this has been carried out under the Zoning Ordinance in the past through zone exceptions. Responding to further questions, Chief Wood stated the Code would require that suffi- cient number of fire hydrants be put into operation to meet the required fire flow and would also establish an engineering standard by which this could be applied. Discussion followed. Mayor Jennings requested that at the next meeting he be furnished with informa- tion regarding other cities in the Los Angeles basin that have adopted ordinances similar to this. Roll call vote: AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto ORDINANCE NO. 471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6599.8 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO PUBLICATION VENDING MACHINES IN VIOLATION The Ordinance was read by title only. It was moved by Councilman Temple, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to adopt Ordinance No. 471. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto Council Minutes 12/9/74 -4- City Engineer Henriksen reported on the costs as follows: 643A, Site 1, 7261 Via Amorita Total Cash Assessment $1,381.33 Interest, 10-year Assmt. 561.05 Total to be Collected $1,942.38 643E, Site 1, 7303 Via Amorita Total Cash Assessment $1,227.62 Interest, 10-year Assmt. 498.62 Total to be Collected $1,726.24 It was noted by the City Attorney that with the Resolution confirming the Assessments, a motion to receive the Engineer's Report will not be necessary. Mayor Jennings inquired if there was anyone present who wished to speak in Opposition to the improvements, and there was no response. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to close the hearing. AYES.- 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto RESOLUTION NO. 3063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 643 A & B, EAST AND WEST SIDE OF SUSAN AVENUE, NORTH OF VIA AMORITA The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3063. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto The Appeal to Zone Exception Case #1182 for a Sign at 8509 Imperial Highway was deferred pending a full Council. Removal of Items from Consent Calendar At the request of Mayor Jennings, Item VIII-C-1 was removed from the Consent Calendar. At the request of Councilwoman Scotto, Item VIII-B-3 was removed from the Consent Calendar. Itwas moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to approve the remaining Consent Calendar: Minutes of the City Council Meeting of November 26 1974. Communication from Councilman DiLoreto regarding Excused Absence from Council Meetings of December 9 and December 24 1974. Communication from County Board of Supervisors regarding Restricted Use of Christmas Lights. Communication from Public Utilities Commission regarding Application of Southern California Edison Company for Billing Adjustment. Denial of Legal Claim of Timothy Sanchez Reference No 207. Plans, specifications, and authority to advertise for bids for Purchase of Paramedic Vehicle, Fire Department. General Warrants #135018 - 135160 #201197 - 201217 #135161 - 1353 3.A< �k201218 - 201231: $743,396.48. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: Jennings Communication from Public Utilities Commission regarding A2plication #55345 of Southern California Gas Company for General Increase in Gas Rates, Councilwoman Scotto requested that the City's letter in opposition to the rate increase include opposition to an increase for advertising purposes. Council Minutes 12/9/74 -3- RESOLUTION NO. 3064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE FHWA TO REVISE ITS STANDARDS AND PROCEDURES CONCERNING NOISE LEVEL REQUIREMENTS ON FEDERAL -AID URBAN SYSTEM PROJECTS The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3064. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto RESOLUTION NO. 3065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE INCURRING OF COST FOR DEVELOPMENT OF A COMMUNITY DEVELOPMENT APPLICATION AND PLAN The Resolution was read by title only, It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3065. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto Following a summation of bids, it was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to award Cash Contract #SS-297, Firestone Boulevard at Old River School Road, to Crowell and Larson of Baldwin Park, the lowest and best bidder, reject all other bids, and waive the bid bond irregularity. Councilman Temple inquired if the signals Will allow adequate time for bicyclists and pedestrians to cross safely. City Engineer Henriksen replied yes, there will be push button signals and eventually railroad gates will be installed in the islands for added protection. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto Cash Contract #SS-295, Brookshire Avenue, Firestone to Stewart and Gray; Widening from Manatee to Stewart and Gray Noting that. the City°s portion of the Brookshire Avenue widening is $95,000, Councilman Temple inquired what it would cost the City if the widening was not done. City Engineer Henriksen replied approximately $135,000. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve the Widening of Brookshire Avenue from Manatee to Stewart and Gray, Cash Contract #SS-295. City Planner Goggin commented that the proposed 150-bed wing at the Downey Community Hospital, as well as the new surgicenter, will increase traffic proportionately on Brookshire Avenue. Discussion followed. Councilman Winton mentioned that the traffic on Brookshire has increased con- siderably and it is anticipated the traffic flow will increase once again. Councilwoman Scotto indicated she does not feel Brookshire should be widened until there is a strong need, Mr. Henriksen said it is felt there is a need to widen Brookshire, however, a widening project is not necessarily considered one that would increase traffic.He explained the widening will make the street safer not only for automobile traffic but will make it safer for bicyclists and people exiting their driveways. Mr. Council Minutes 12/9/74 -5- Henriksen displayed a map showing the results of the Bicycle Committee's study and noted that most of the major streets are heavily used, with Brookshire highly regarded as a bicycle route. Discussion ensued. Roll call vote: AYES: 3 Councilmen: NOES: 1 Councilwoman: ABSENT. 1 Councilmen: Temple, Winton, Jennings Scotto DiLoreto It was moved by Councilman Winton, seconded by Councilman Temple, and passed by -- the following vote to accept dedication and improvements completed under Downey Private Contract #93, Orizaba Avenue south of Stewart and Gray Road. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto Sidewalk Matching Fund Policy taken under submission for a full Council. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to authorize the Mayor to sign Agreements with the Downey Chamber of Commerce and Jaycees. AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto Councilman Winton commented on the Chamber's response to inquiries regarding potential industrial and commercial development in the City. Substitution of Subcontractor at New Fire Station, 12222 Paramount Boulevard Mayor Jennings asked about the withholding of $5,000 due the contractor. City Manager Thompson said until the matter is resolved and modifications are made, the money will be withheld. Fire Chief Wood explained the City is withholding $5,000 in payment, and there is an additional ten percent of the contract that will be held until the building is satisfactorily completed. He said litigation is anticipated relative to the provisional cement contract. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to approve Substitution of Subcontractor at New Fire Station, 12222 Paramount Boulevard. AYES- 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen- DiLoreto Request for Supplemental Appropriation of Funds, New Fire Station Equipment City Manager Thompson explained it was indicated at budget time that when it was near time to move into the building and provide the furnishings, supplemental requirements would be requested. He pointed out these particular furnishings would to some extent be offset by funding from other cities that would be entering into the joint dispatching operation. Fire Chief Wood commented on the communication relocation costs and updating of equipment, as contained in his memorandum of December 5th. Discussion followed regarding the reported $90,000 surplus from Fire Department budgeted funds that will be replaced under the Federal Grant and use of $25,000 Revenue Sharing Funds. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve Request for Supplemental Appropriation of Funds, as outlined in the Fire Chief°s recommendation, AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto Mayor Jennings commended the Fire Chief and Fire Department for the method they have used in the construction of the Fire Station. Council Minutes 12/9/74 -6- City Manager Thompson explained it is the recommendation of the Health & Sanitation Committee and City Staff that the Agreement for Solid Waste Collection Contract for Zones I and II with Calsan Inc,, be terminated as of March 31, 1975, and put out to competitive bid. He stated there have been two changes in the owner- ship structure of Calsan within the last year, and the City did not receive 'notification until after they occurred. Mr. Thompson discussed Mr. Adnoff's position as a partner of the business and his subsequent purchase of the other partner's share approximately four weeks ago. He noted that changes in ownership without prior approval of the City is in violation of the contract, and the contract stipulates that any violation of the contract is automatically void unless extended or approved by the City Council. Mr. Thompson said to resolve any questions with respect to this contract, it is the City's position in serving its c.itizen5 best interest that the contract be opened for competitive bid. Mr. Donald Wilson, 10901 Paramount Boulevard, Downey, attorney for Calsan, Inc., said at the time the City entered into the contract with Calsan, the ownership of Calsan was held 50-50 by two principals, Stan Megargee and Morris Adnoff; that subsequent to that time and due to personal health problems, Mr. Megargee offered his interest to Mi. Adnoff; and Mr. Adnoff borrowed a substantial .sum of money in order to purchase Mr. Megargee's interest. Mr. Wilson stated Mr. Adnoff has always been a major participant in the ownership of Calsan and, therefore, the contract and specifications have not been breached. He said Mr. Adnoff will cooperate and work with the City's representatives to comply with all of the terms of the contract. Mr. Wilson requested the Council to vote affirmatively in keeping the contract in full force and said as a part of good faith on the part of the contractor, Mr. Adnoff requests the contract be modified to conform to the original recommendation of Staff, that the per unit price be set at $2.25. Councilman Winton indicated it is his interpretation of review of the contract that there is to be notification of change of officers in the company, and it is his opinion there has been no significant change --there has been one significant purchase with one partner buying the reserve or balance of stocks of another, He commented on letters dated November 26th and December 2nd from Calsan regarding the transfer of ownership and said ample notice was given to the City. Councilman Winton reiterated he does not think the buying -out of one partner by another makes a significant difference but should make an improvement in that the City would have only one person to negotiate with, Councilman Temple asked if the decision to go to bid was based solely on the change of ownership. Mr,. Thompson replied no, there are several reasons: The rate for apartment units of six or less is the same as for a single family residence, and the field supervision has not been what it should be. He also said he had no advance notice of any change in ownership of Calsan. Mr. DeSio, Superintendent of Physical Services, said he was informed by Mr. Adnoff on November 22nd that he had purchased Mr. Megargee's interest in the company. Councilman Winton inquired as to the date on the document of transfer. Mr. Wilson replied as of December 5th, Mr. Megargee resigned as President of Calsan, however, since he did not handle the escrow, he is unable to give the specific date. He pointed out that although the contract calls for notification of any change, it does not call for "advance" notification. City Attorney Sorensen said the contract does not relate to advance notice but says the contractor shall keep the City notified, and if the character or percentage of ownership changes, then the contract is deemed terminated unless the City Council, by affirmative action, continues it in effect, Discussion followed. Mr. Morrie Adnoff, 14925 LaCuarta, Whittier, President of Calsan, Inc., questioned whether he can survive at $2.25 per unit and stated his main objective is to get along with the Staff and Council and provide the best he can for the City. He thanked the Council for accepting the price of $2.30 and indicated he would like to correct the public relations problems that have existed in the past. Mr. Adnoff explained half of his business is the Downey contract, and if the contract is can- celled, he would be losing much more than 5c per unit, however, he would be willing to drop his price to $2.25 according to the recommendations from Staff and the Sanitation Committee. He said he feels the field supervision has been better, he has installed a two-way radio in his pickup and answers each call the day it is received, Council Minutes 12/9/74 -7- 50 Councilwoman Scotto concurred with putting this matter out to open bid. 1,64 It was moved by Councilwoman Scotto and seconded by Councilman Temple to accept Staff"s recommendation. Councilman Temple spoke in favor of having the rubbish contract split into two zones. City Attorney Sorensen pointed out that the Notice Inviting Bids does refer to specifications and agreement, which contain the detail and reference to the Downey Municipal Code. Further discussion ensued regarding Staff°s previous recommendation to approve the,$2-a30^per unit rate and putting the rubbish contract out to competitive bid, Mayor Jennings stated if the City negates this contract, then any contractor who deals with the City in the future will have no assurance that the contract will not be cancelled anytime the Council wishes. Responding to questions by Councilwoman Scotto, Mr. Adnoff reviewed his experience in commercial and residential rubbish collection and commented on his intentions to purchase new equipment for the business. Councilman Temple asked why Staff°s recommendation has changed in the last two months. Mr. Thompson replied the recommendation has not changed that much because the previous request was for Calsan to set-up books to separate their cost in Downey from costs in other cities; to extend the contract for 90 days pending the company's ability to do that; and to establish appropriate field supervision satisfactory to the City. Mayor Jennings, per City Attorneys request, recessed the meeting to executive session for litigation at 10:17 p.m. The meeting resumed at 10:27 p.m. with Councilmen Temple, Winton, Scotto, Jennings present; Councilman DiLoreto absent. Mayor Jennings asked if Councilwoman Scotto and Councilman Temple desired to rescind the prior motion and second to accept staff°s recommendations and go out to bid, Councilman Temple said if Councilwoman Scotto will rescind her motion, he will rescind his second. Councilwoman Scotto stated her motion would stand. Roll call vote: AYES: 1 Councilwoman: NOES: 3 Councilmen: ABSENT- 1 Councilmen: Scotto Temple, Winton, Jennings DiLoreto It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to extend the Agreement for Solid Waste Collection Contract for Zones I and II with Calsan, Inc., until March 31, 1975, pursuant to Chapter 1, Article V of the Downey Municipal Code and Section 3, Sub -paragraph (10) of Specifi- cations for Refuse and Garbage Collection, City of Downey Agreement, dated October 1, 1974. AYES, 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: I Councilmen: DiLoreto It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to receive and file the Class Claim of Charles Barrios Gonzales, et al (Ref. #206), as recommended. AYES, 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT- 1 Councilmen: DiLoreto The Council reviewed its discussions on the Appointment to Mosquito Abatement District. The matter was taken under submission for the next Council Meeting. The City Clerk was directed to place this on the Agenda for next meeting. Council Minutes 12/9/74 -8- CITY MANAGER'S REPORT City Manager Thompson reported on a preliminary review of the advisability of conducting a Feasibility Study for Municipal Electric Distribution Service. He stated first, the private companies have made a great deal of effort towards emphasizing the desirability of private ownership of utilities; second, there has been the problem and pressure and public debate surrounding any attempt by municipalities to acquire ownership and operation of the electrical generation or district systems, and the Council should be advised as to the probabilities in this regard; and third, it would be necessary to go through a long and hard-fought con- tinuation even after feasibility is shown, because companies would oppose acquisition. He noted the first question to be answered prior to actually going into a feasibility study is: Is there enough public understanding and support for such a proposition, even should a feasibility study be undertaken and ,show there is economic feasibility? Mr. Thompson commented on cities in the area that operate their own power plants and said a feasibility study, if undertaken, should be done by a qualified consultant, and then he would be in a position to make recommendation if the Council decided it wanted to proceed. He noted the cost for such a study would be in the neighborhood of $30,000. This matter was held pending a full Council. Mr. Thompson reported on a Request for Additional Crossing Guard at Imperial Highway and Orizaba Avenue, which was approved by the Traffic Committee at its meeting on December 5th. He mentioned there is a guard at this intersection, however, due to a number of extenuating circumstances, another guard is needed. It was moved Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to approve the request for additional crossing guard at Imperial and Orizaba and the following appropriation of funds: Amount From To $1,250 Fund Balance A/C #102260.0001 AYES: 4 Councilmen: Temple, Winton, Scotto, Jennings ABSENT: 1 Councilmen: DiLoreto ORAL COMMUNICATIONS Mrs. Dorothy Calhoun, 9068 Raebert Street, inquired as to the status of an Excavation Project recently started in the vicinity of Stewart and Gray Road between Vult.ee and Corrigan Avenues. She said she would like to know when this project would be completed and whether sidewalks are involved. City Manager Thompson said he would look into the matter. He was directed to send a written reply to Mrs. Calhoun. Mr. Bruce Watson, 7326 Neo Street, raised questions regarding the City°s decision to charge a fee for tennis at the new tennis courts. City Manager Thompson explained this is not necessarily a final, permanent situation, and it could change after a short time of operation. He discussed problems that have arisen with tennis court reservations in other areas of the City, and it was felt this method would resolve any problems in that people could reserve play time. However, Mr. Thompson noted, the amount is minimal. Mr. Watson commented on his survey of other cities in Los Angeles County with regard to any type of fee for tennis play and asked why the City has to have a tennis pro. Councilman Winton stated the tennis pro will be supervising the reservations, as well as conducting tennis lessons. Councilwoman Scotto said the City will be paying close attention to this operation. Mrs. Eileen Holman, 9856 Pangborn Avenue, member of the Health & Sanitation Committee, said she did not know how Calsan could drop its rate and improve its service. She mentioned the poor condition of Calsan°s bookkeeping. Councilman Winton indicated the Council is aware of the problems that have occurred with Calsan°s bookkeeping and gave Calsan a certain period of time to change and improve its system. He noted he has received only two complaints in the last eight months relative to trash pickup. Council Minutes 12/9/74 -9- Councilman Temple commented on the Council's action to extend the present con- tract with Calsan. Discussion followed regarding complaints received by the City. It was noted that out of 20,800 trash pickups, the City receives only four complaints a week. Mayor Jennings asked Mrs. Holman to relate the following message to the Health & Sanitation Committee: That the Committee has had one year since the last contract was signed to make preparation for study and comparisons; that at the last minute the Committee has been attempting to obtain information from other cities; and the comparative data from other cities has not been understandable. Councilwoman Scotto explained Mrs. Holman is new on the Committee and is one of the people who offered to go out to other cities and obtain information regard- ing their rates and services. Mr. Ken Miller, 7336 Cleargrove Drive, inquired if he will receive answers to his questions regarding Lighting District Annexation 74/21, Paramount Boulevard, at the next Council Meeting. City Manager Thompson replied yes, he will thoroughly investigate the matter, and he would like Mr. Miller to be present at the next meeting when the answers are given. Mr. Miller said he finds it difficult to attend morning meetings. He stated further that he feels the General Fund should contribute to provide revenue for safety lighting. Councilman Winton requested the City Attorney and City Clerk to keep the Council alerted relative to Proposition 9 and the provisions thereof. Councilman Winton introduced Mr. Doug Morrow, Chairman of the Parks & Recreation Commission. Councilman Temple introduced Mr. Richard McCurdy, Vice Chairman of the Parks & Recreation Commission. The 'Council commended the Finance Department on the new Annual Report. Mayor Jennings mentioned the Mayor of Lynwood is requesting a three Council meeting on December 19, 1974, regarding the Tri-City Fire Department to discuss the three alternatives in the consultant's report. He suggested a study session be held prior to that time. Councilman Winton said he would prefer to have a study session and possibly go into an adjourned Council meeting. There being no further business to come before the City Council, it was moved by Councilman Winton, seconded by Councilman Temple, and carried to adjourn the meeting to 5:30 p.m., December 12, 1974, in the Council Chambers of the Downey City Hall. �Aoz Ro ert L. Shand, City Clerk -Treasurer is rd M. Jenn s, Mayori Council Minutes 12/9/74 -10-