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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 PAGE NO. 1 1 1 2 2 2 2 2 2 3 3 3 3 3 4 4 5 5 5 Page 1 of 1 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-