HomeMy WebLinkAboutMinutes-03-10-75-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 10, 1975
T A B L E O F M I N U T E A C T I O N S
SUBJECT- ACTION:
Appeal, ZE Case #1198, 12053 Lakewood Blvd.
(Bird Haven. Christian Manor Hearing continued to 4/14/75
Lot Cleaning Program, 1975 Season - Order
work to be performed in accord w/Ci.ty Ords.
& Laws of State Approved
Removal of items from Consent Calendar
Agenda Correspondence Items Filed
Legal Claims - Ref. #217, 218, 219, 220 & 221 Denied
General Warrants IP1.36612-136813 & #201373-201389 Approved
Minutes, February 25, 1975 Approved as amended
Resolution #3092, adopting 1995 Functional
Classification. Study as Hwy. Element of
Tran.sptn., Plan w/excptn. of Slauson Transp.
Corridor (Route 90) within City Adopted
Resolution. #3093, Decl. into to est. Undrgrnd,
Util.Di.st. within 3-block area (Dist. #8) Adopted
Resolution #3094, Apprvg. Agmt. #43 w/State
covering Federal -Aid Urban System Projects
within City - Adopted
Resolution #3095, Apprvg. Program Supp1. #1
of City/State Agmt. #43 for Widening of
Florence Ave. Bridge over Rio Hondo
Resolution #3096, Opposing SB 275 re
Employer -Employee Relations
CC #356, Guatemala Ave. - Award of contract
Purchase of 90 acre feet of water rights
Parkzng Lot #13, Second Ste to Third St.,
E/o Downey Ave
Extension of Rubbish; contract w/Calsan, Inc.
to October 11, 1975 & exempt contractor from
purchasing new equipment :next quarter
Report on investigation of large political
sagas on private property
City -Red Cross Operating Agreement - Authorize
City Manager to execute
Report on. EIS hearings & design hearings on
proposed 105 Freeway
Adopted
Adopted
Approved
Approved
Taken under submission; to be
brought back at later date
Approved
Approved
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 10, 1975
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
March 10, 1975, in the Council Chambers of the Downey City Hall, Mayor Joseph E.
DiLoreto presiding,
PRESENT: Council Members: Donald H. Winton, Walter S. Temple,
Hazel N. Scotto, Joseph E. DiLoreto
ABSENT: Council Member: Richard M. Jennings (excused)
ALSO PRESENT. Charles W. Thompson, City Manager
Donald B. Robison, Assistant City Manager
Carl K. Newton, Acting City Attorney
Ervin Spindel, Director of Community Development
Richard D. Patton, Director of Finance
Loren D. Morgan, Police Chief
Edwin H. Wood, Fire Chief
William A. Goggin, City Planner
Ray T. Lake, Building Official
William F. Harper, Acting Director, Parks & Recreation
Harald J. Henriksen, City Engineer
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend Don McClintock, Immanuel Mennonite Church,
followed by the Flag Salute led by Councilman Winton.
Christian Manor
Mr. J. D. Pair, 9559 East Imperial Highway, representing Bird Haven, said the
applicant and his attorney cannot be present, and he requested the hearing be continued
to the next meeting.
Acting City Attorney Newton suggested the hearing be opened and then continued.
Mayor DiLoreto inquired if there was anyone present who wished to speak regarding
the appeal, and there was no response.
It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered
to open the public hearing on Appeal, Zone Exception Case No. 1198, 12053 Lakewood
Boulevard, and continue it to 7:30 p.m., April 14, 1975, in the Council Chambers of
the Downey City Hall,
Mayor DiLoreto declared that this is the time and place for the public hearing on
Lot Cleaning Program, 1975 Season. He inquired if the City Clerk had the Affidavit of
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 DiLoreto inquired if the City Clerk had received any written protests, and
the City Clerk replied he had not.
Mayor DiLoreto inquired if there was anyone present who wished to speak in protest
to the Lou Cleaning Program, and there was no response.
It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered
to close the hearing.
It was moved by Councilman Winton, seconded by Councilman Temple, and passed by
the following vote to order the work to be performed in accordance with the City
Ordinance and Laws of the State of California.
AYES. 4 Council Members: Winton, Temple, Scotto, DiLoreto
ABSENT. 1 Council. Member: Jennings
Removal of Items from Consent Calendar
Item VIII-A was removed from the Consent Calendar.
Council Minutes 3/10/'75 -1-
It was moved by Councilman Winton, seconded by Councilman Temple, and passed by -
the following vote to approve the remainder of the Consent Calendar:
Communication from Pacific Telephone Company regarding Notice of Filing Applica-
tion for Sn.creases in Intrastate Telephone Rates.
Communication from City of Alhambra regarding Resolution opposing Senate Bill 275
pertaining to Employer -Employee Relations.
Denial of Leaal Claims: Ref, #217. Donald Avla; Ref. #218, Arlen Del Rasmussen;
Mortuarv: Ref. #220. Louise Lee
xet. 9PLL1, tquiiia uuiey.
General Warrants #136612 - 136813 and #201373 - 201389, $379,178.61.
AYES; 4 Council Members: Winton, Temple, Scotto, DiLoreto
ABSENT: 1 Council Member: Jennings
Minutes, City Council Meeting of February 25, 1975
Referring to Page 5, second paragraph under Resolution No. 3089, Councilwoman
Scotto said she did not make the statement quoted; that Downey's Resolution was pre-
pared in opposition to a SCAG Resolution and stated its purpose was to preserve
decision making by local elected officials.
Referring to Page 7 in regard to the RID Route, Mrs. Scotto stated the plan is an
improvement, but it is an inter -city service, and there is still major need for local
service. She asked that this statement be entered into the record.
It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered
to approve the Minutes of the City Council Meeting of February 25, 1975, with the
amendments as noted.
RESOLUTION NO. 3092
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE 1995 FUNCTIONAL CLASSIFICATION STUDY AS
THE HIGHWAY ELEMENT OF THE TRANSPORTATION PLAN WITH
THE EXCEPTION OF THE SHOWING OF THE SLAUSON TRANSPORTA-
TION CORRIDOR (ROUTE 90) WITHIN THE CITY OF DOWNEY
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. 3092.
AYES: 4 Council Members: Winton, Temple, Scotto, DiLoreto
ABSENT: I Council Member; Jennings
RESOLUTION NO. 3093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO ESTABLISH AN UNDERGROUND UTILITY
DISTRICT WITHIN THE THREE BLOCK AREA BOUNDED ON THE NORTH
BY THIRD STREET, ON THE SOUTH BY SECOND STREET AND FIRESTONE
BOULEVARD, ON THE WEST BY DOWNEY AVENUE AND DOLAN AVENUE,
AND ON THE EAST BY BROOKSHIRE AVENUE, AS SHOWN ON PLAN
NO. 3-2-45, AND CAUSING ALL SPECIFIED UTILITIES THEREIN
TO BE RELOCATED UNDERGROUND (DISTRICT NO. 8)
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. 3093.
AYES: 4 Council Members: Winton, Temple, Scotto, DiLoreto
ABSENT: 1 Council Member: Jennings
RESOLUTION NO. 3094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AGREEMENT NO. 43 WITH THE STATE OF CALIFORNIA
COVERING FEDERAL -AID URBAN SYSTEM PROJECTS WITHIN THE
CITY OF DOWNEY
Council Minutes 3/10/75 -2-
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. 3094.
AYES: 4 Council Members: Winton, Temple, Scotto, DiLoreto
ABSENT° 1 Council Member: Jennings
RESOLUTION NO. 3095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING PROGRAM SUPPLEMENT NO. 1 OF THE CITY OF DOWNEY/
STATE AGREEMENT NO. 43 FOR THE WIDENING OF THE FLORENCE
AVENUE BRIDGE OVER RIO HONDO
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. 3095.
AYES: 4 Council Members: Winton, Temple, Scotto, DiLoreto
ABSENT: 1 Council Member: Jennings
RESOLUTION NO. 3096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
OPPOSING SENATE BILL 275 WHICH RELATES TO EMPLOYER -
EMPLOYEE RELATIONS
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. 3096.
AYES: 4 Council Members: Winton, Temple, Scotto, DiLoreto
ABSENT: 1 Council Member: Jennings
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 #356,
Guatemala Avenue, in the amount of the unit prices bid, to Lorco Properties, Inc., the
lowest and best bidder, reject all other bids, and waive the bid bond irregularity.
AYES: 4 Council Members: Winton, Temple, Scotto, DiLoreto
ASSENT: 1 Council Member: Jennings
It was moved by Councilman Winton, seconded by Councilman Temple, and passed by
the following vote to authorize the purchase of 90 acre feet of water rights from
Rockview Dairies, Inc., at the price of $349 per acre foot, for a total cost of
$31,410.
AYES: 4 Council Members: Winton, Temple, Scotto, DiLoreto
ABSENT: 1 Council Member: Jennings
Community Development Director Spindel commented on the savings that will result
with the City pumping its own water.
Parking Lot No. 13, Second Street to Third Street, East of Downey Avenue
Community Development Director Spindel reviewed the location of the parking lot,
the City°s purchase of the southwesterly quarter, and the First Baptist Church's pur-
chase of the southeasterly quarter. He said the Stamps Foundation, who is the owner
of the northerly half, is desirous of selling; that the First Baptist Church is
interested in purchasing the northeasterly quarter, and staff has recommended the City
acquire the northwesterly quarter for a straight line of parking. Mr. Spindel
mentioned the Parking Place Commission is recommending the City acquire all four
quarters because the parking lot is considered necessary in the downtown area.
Mr. Russell Lamkin, 7417 East Third Street, speaking on behalf of the Parking
Place Commission, said the members of the Commission have made a study of this matter
and feel it would be to the City°s advantage to obtain the entire amount of property
available, with. the City getting its money back through sales tax, property tax, and
Council Minutes 3/10/75 -3-
fees. Also, he stated, City ownership would possibly provide for an alley on the
property for use by the merchants as well as for police patrol and fire suppression.
Councilwoman Scotto suggested if there is no urgency that this matter be held
pending further information as to the City's needs.
City Manager Thompson answered questions of the Council with regard to the
Church's acquisition of the northeasterly portion; that the Church originally planned
to acquire the quarter lot but not to build on the lot space.
It was noted the City would still be able to use the property for parking until
the Church decides to use it for other purposes.
When asked if there is any urgency on this, Mr. Thompson replied no.
Mayor DiLoreto suggesting holding this matter until budget time.
Mr. Ken Miller, 7336 Cleargrove Drive, discussed the parking problem and suggested
if this is considered that it be done only if those who would benefit be included in an
assessment district. He further questioned certain easement rights of ingress and
egress enjoyed by the owner of parcel number two.
Mr. Spindel indicated before the City purchased the property a title search would
be made.
Parking Lot No. 13 was taken under submission to be brought back at a later date.
Extension of Rubbish Contract with Calsan Inc.
City Manager Thompson stated the request is whether or not the City could make a
determination of the contractor's rate structure after the City has received financial
information on the first quarter. He said the contractor is attempting to acquire new
equipment, which is required under the contract. Mr. Thompson indicated if the agree-
ment is set over to this October, the contractor will not have a basis on which to go
into indebtedness with the possibility that the contract would be terminated at that
time. He reiterated the request was whether or not the City could make a determination
on the financial information of the new system installed after the first quarter and
bring this matter to the Council in April. He said the contractor would like to know
in three months whether or not they are going to have a contract.
Councilman Winton commented the contractual agreement says the contractor must have
new equipment.
Responding to questions, Community Development Director Spindel said the agreement
states that as of July 31st, the contractor will submit an audit, a summary of all his
costs, and any adjustment of rates will occur on October 1st. He indicated further
that the Council extended the contract until March 31st, and it is now necessary to
extend it further, Mr. Spindel commented the reason the October 1st date was chosen
is that it is consistent with the annual review of rates and the fact that the
contractor is required to provide an audit by the end of July, which would give full
six months operation.
When asked if one quarter would be adequate time to make a review of expenditures,
Finance Director Patton said he did not think so, however, at the end of March there
would be a four months review, and he feels confident he can make an estimate of whether
or not the rates are adequate and fair.
Mayor DiLoreto mentioned if the Council does extend the contract to October 1st,
and if information is made available by the contractor, there is no reason why this
could not be brought back before the Council and a rate adjustment made before that date.
Mr. Thompson pointed out that purchasing equipment is the main concern of the
contractor, and if information is made available, he would come back with a report in
April.
Discussion followed regarding the contractor's present equipment.
It was moved by Councilman Temple, seconded by Councilman Winton, and passed by
the following vote to extend the current Rubbish Contract until October 1, 1975; that
Calsan be notified of being able to solidify the contract earlier if they are able to
provide proper documents; and that Calsan be exempt from the purchase of new equipment
forthe next quarter.
AYES: 4 Council Members: Winton, Temple, Scotto, DiLoreto
ABSENT: 1 Council Member: Jennings
Council Minutes 3/10/75 -4-
�//Y
CITY MANAGER'S REPORT
Responding to a request of Councilman Jennings for investigation of Large Political
Signs on Private Property, City Manager Thompson stated the Building Division did make
a review of this matter and did notify the property owners involved.
Mr. Thompson presented for Council consideration a City -Red Cross Operating
Agreement, which he said has been recommended by the Disaster Plans Advisory Committee
and recites the ongoing service the Red Cross does provide to any community in times
of emergency.
It was moved by Councilman Winton, seconded by Councilman Temple, and passed by
the following vote to authorize the City Manager to execute a City -Red Cross Agreement
as part of the City's overall disaster relief plan.
AYES': 4 Council Members: Winton, Temple, Scotto, DiLoreto
ABSENT: 1 Council Member: Jennings
Mr. Thompson indicated he has presented to Council a draft copy of the City's
response and staff review of the Highway Department's Environmental Impact Statement on
the proposed 105 Freeway. He mentioned an E.I.S. hearing will be held on March 25th
and the Design hearing will be held on March 27th, both at Excelsior High School. Then,
he said, the next hearings are scheduled for April 1st and 3rd at Centennial High School
in Compton, followed by hearings in Hawthorne and El Segundo.
Councilman Winton asked if the State will receive written documents after those
dates.
Community Development Director Spindel replied yes.
Councilman Winton requested an attempt be made to get a statement to that effect
in writing from the State.
ORAL COMMUNICATIONS
None
There being no further business to come before the City Council, the meeting was
adjourned at 8:17 p.m.
C
Robert�CitY Clerk -Treasurer Joseph c D'Loreto, Mayor
Council Minutes 3/10/75 -5-