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HomeMy WebLinkAboutMinutes-12-08-75-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 8, 1975 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Request of Mayor DiLoreto for excused absence So noted Resolution #3207, Honoring Alice White Adopted Bachelor of Arts Presentation to Sam Kouri Invitation to Council to attend Warren High School Winter Concert Presentation to Charles Bishop for life-saving action Resolution #3208, Ordering Annexation to City Ltg. Dist. (Annex. 75/36, Fidler Ave.) Adopted Resolution #3209, Confirming Assmt. on DIP #667, S/s Luxor bet. Karmont & Mitla Adopted Resolution #3210, Confirming Assmt. on DIP #668, W/s Mitla bet. Luxor & DePalma Adopted DIP #676, S/s Stewart & Gray Rd. bet. Orizaba & Paramount - Auth. Dept. Comm. Dev. to proceed w/construction Approved r DIP #675, N/s Cecilia St. bet. Woodruff & Pangborn - Auth. Dept. Comm. Dev, to proceed w/construction Approved -- Assessment Dist. #110, Laura St. & others - Amend Plan #3-24-5 by change set on plan AD 110, modified & designed for 12002 Old River School Rd. Approved Resolution #3211, Finding Public Convenience & Necessity req. imprvmt. of Laura St. (AD110) Adopted Resolution #3212, Overruling Protests (AD110) Adopted Resolution #321.3, Ordering Work to be done on Laura St. in accord w/Res. of Into #3192, as modified (AD110) Adopted Minutes, November 25, 1975 Approved Agenda Correspondence Item Filed Denial of Legal Claims: Ref. #256, 257, 258 Approved CC #385, SW Corner Luxor St. & Mitla Ave. - Accept improvements Approved k General Warrants #141327-141514; #201907-201950 Approved Resolution #3214, Ordering City Engineer to furnish plans & specs for imprvmt. of Texas St., Iowa St. & Dolan Ave. (AD109) Adopted Resolution #3215, Adopting Profile & Imprvmt. Plan & Spec. f/imprvmt. of Texas St., Iowa St., & Dolan Ave. in City (AD 109) Adopted Resolution #3216, Apprvg. Map of Assmt. Dist. f/imprvmt. of Texas St., Iowa St., & Dolan Ave. (AD109) Adopted Resolution #3217, Setting Hearing for Determing. public convenience & necessity req. imprvmt. of Texas- St., Iowa St., & Dolan Ave. (AD109) Adopted PAGE NOo 1 1 1 1 1 2 2 3 4 4 6 6 7 7 7 7 7 7 7 I 8 8 8 Page 1 of 2 COUNCIL MINUTES, DECEMBER 8, 1975 TABLE OF MINUTE ACTIONS SUBJECT, ACTION; Resolution #3218, Decl. Intention to Improve Texas St., Iowa St., & Dolan Ave. & Determing. Bonds shall be issued (AD109) Adopted Resolution #3219, Determing that Liquidated Damages shall be Paid (AD109) Adopted Resolution #3220, Endorsing H.R. 9801 (and H.R. #8231) establishing method whereby Congress may prevent adoption of rules & regs. contrary to law, inconsistent w/Congressional intent or beyond mandate of legislation Adopted Resolution #3221, Make Use of Funds Available under C.O.D. thru Dept. Rehabilitation, State of Calif. CC #377, Lubec St. - Award to Damon Const. CC #388, Water Well upply - Award to Water Well Supply for well at 7800 Telegraph Rd. Underground Uti1 Dist. #9, Fifth St. - Receive report of City Engineer re costs to provide service to Parcels #13, 17, 19 & 21 Underground Uti1. Dist. #9, Fifth St. - Set hearing for 1/12/76 Fire Department Pumpers - Auth. Fire Chief to proceed with acquis, of two 1250 GPM pumpers from Ward LaFrance Weekly Street Sweeping i Approval of SE Park Master Plan Downey Bicentennial Commission Request for sculpture and/or mural in Downey Theatre at no expense to City Request for Refuse Rate Increase Joint Meeting of Council & School Board Graffiti Removal Demonstration Monthly Activity Report - Motion to discontinue SUA Report - Council to set meeting with department heads Christmas Tree in Council Chambers - Certificate to be prepared for Mr. & Mrs. Jack Bessent for donating tree many years w/o cost Request for inspection of sinking area along E/s Stewart & Gray at intersection w/Woodruff Adopted Approved Approved Approved Approved Approved Report to be submitted Taken under submission Approved Taken under submission to 12/23 Scheduled for 1/5/76, Green Rm. Scheduled for 12/11, Dalen St. Failed PAGE N0, 8 9 r 9 9 10 10 10 10 11 11 12 13 13 13 14 14 14 14 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 8, 1975 The City Council of the City of Downey held a regular meeting at 7:30 p.m., December 8, 1975, in the Council Chambers of the Downey City Hall, Mayor Pro Tem Donald H. Winton presiding. PRESENT: Council Members: Hazel N. Scotto, Richard M. Jennings, William L. Greene, Donald H. Winton ABSENT: Council Member: Joseph E. DiLoreto (excused) ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance John T. Neavill, Director of Parks & Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Robert Coates, Superintendent, Water Division Robert R. DeSio, Superintendent, Physical Services Division Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary City Clerk Shand read a note from Mayor DiLoreto requesting an excused absence from the meeting. So noted. The Invocation was delivered by Reverend John Ashcraft, Trinity Baptist Church, followed by the Flag Salute led by Councilman Greene. RESOLUTION NO. 3207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY HONORING ALICE WHITE, A RESIDENT OF DOWNEY The Resolution was read in its entirety. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3207. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto With the assistance of Community Development Director Spindel, Mayor Pro Tem Winton presented recognition of Bachelor of Arts Degree in Mathematics to Mr. (and Mrs.) Sam Rouri, Traffic Engineering Section. Mr. Gordon Strahan, Warren Band Booster Club, invited the Council to attend the Warren High School Winter Concert to be held 8:00 p.m., December 18th, in the Downey Theatre. With the assistance of Fire Chief Wood, Mayor Pro Tem Winton presented a certifi- cate to Mr. Charles Bishop, whose action on November 18, 1975, was attributable to saving the life of Mr. Robert Cosgrove. Mayor Pro Tem Winton declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 75/36, Fidler Avenue. 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 Councilwoman Scotto, seconded by Councilman Jennings, and so ordered to receive and file the Affidavits. Mayor Pro Tem Winton inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mayor Pro Tem Winton inquired if there was anyone present who wished to speak in protest to the Annexation, and there was no response. It was moved by Councilwoman Scotto, seconded by Councilman Jennings, and passed by the following vote to close the hearing. Council Minutes 12/8/75 -1- AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT. 1 Council Member: DiLoreto RESOLUTION NO, 3208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 75/36 FIDLER AVENUE) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3208. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member- DiLoreto Mayor Pro Tem Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 667, Sites 1 and 2, South side Luxor Street between Karmont. Avenue and Mitla Avenue. 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 Councilwoman Scotto, seconded by Councilman Jennings, and so ordered to receive and file the Affidavit. Mayor Pro Tem Winton inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported on the construction costs at the following locations and recommended the Council approve the assessments. Site 1 - 11803 Mitla Avenue (Luxor Frontage) Site 2 - 7032 Luxor Street Total Cash Assessment $ 944.61 Total Cash Assessment $169.50 Interest, 10-year Assmt. 384.17 Interest, 3-year Assmt. 21.94 Release of Lien Fee 6.00 Release of Lien Fee 6.00 Total to be collected $1,334.78 Total to be collected $197.44 It. was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to approve the Engineer's Report as written and receive and file. Mayor Pro Tem Winton 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 Jennings, seconded by Councilwoman Scotto, and passed by the following vote to close the hearing. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto RESOLUTION N0, 3209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT N0. 667, SOUTH SIDE OF LUXOR STREET BETWEEN KARMONT AVENUE AND MITLA AVENUE The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3209. AYES- 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto Mayor Pro Tem Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 668 Site 2 West side Mitla Avenue between Luxor Street and DePalma Street. He inquired if the City Clerk had the Affidavit of Posting, to which the City Clerk responded in the affirmative, Council Minutes 12/8/75 -2- It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavit, Mayor Pro Tem Winton inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported on the construction costs at the following location and recommended the Council approve the assessment. Site 2 - 11803 Mitla Avenue Total Cash Assessment $286.10 Interest, 10-year Assmt, 116.33 Total to be collected $402.43 It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to receive and file the Engineer's Report as written. Mayor Pro Tem Winton 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 Jennings, seconded by Councilwoman Scotto, and passed by the following vote to close the hearing. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto RESOLUTION NO. 3210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 668, WEST SIDE OF MITLA AVENUE BETWEEN LUXOR STREET AND DEPALMA STREET The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3210. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto Mayor Pro Tem Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 676, South side of Stewart and Gray Road between Orizaba Avenue and Paramount Boulevard. 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 Jennings, seconded by Councilman Greene, and so ordered to receive and file the Affidavit. Mayor Pro Tem Winton inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported that Sites 1, 2, and 3 have con- structed the improvements, leaving Sites 4 and 5 without sidewalks and Site 4 without driveway apron. It was moved by Councilman Jennings, seconded by Councilwoman. Scotto, and so ordered to receive and file the Engineer's Report. Mayor Pro Tem Winton inquired if there was anyone present who wished to speak in protest to the improvements, and there was no reseponse. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to close the hearing. .AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto Council Minutes 12/8/75 -3- It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to grant authority to the Department of Community Development to proceed with construction on Downey Improvement Project No. 676. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto Mayor Pro Tem Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 675, North side of Cecilia Street between Woodruff Avenue and Pangborn Avenue. 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 Jennings, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavit. Mayor Pro Tem Winton inquired if the City Clerk had received any written protests or objections. City Clerk Shand read a letter of protest from Betty Shektanian, 9437 Cecilia Street. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to receive and file the Letter of protest. Community Development Director Spindel reported the Council by prior action authorized Chapter 27 proceedings for the construction of sidewalks on this block. He said subsequently the owner of Site 1 has had the sidewalks constructed, the owner of Site 2 has deposited the necessary funds for construction, and Sites 3, 4, 5, and 6 are involved in this hearing. Ms. Edith Chambers, 9437 Cecilia Street, protested Chapter 27 proceedings and asked that her yard not be torn up for installation of sidewalks. She said she does not believe sidewalks are the answer for safety. Councilman Jennings asked if Cecilia Street is on the No. 1 Priority of routes to schools. Mr. Spindel replied it is Priority 2. He also explained that staff is working on removal of obstructions on No. 1 Priority streets under staff incentive in alphabetical listing, and in this particular case, the block has over 50 percent of the sidewalks. Ms. Chambers said she does not object to people walking across her yard and suggested that something be done to slow traffic on the curve in front of her property rather than putting in sidewalks. Councilman Jennings pointed out that the Council is on record by minute action as approving the priority routes for school children and that these routes be completed with sidewalks as fast as the budgetary process will permit. Mayor Pro Tem Winton inquired if there was anyone else present who wished to speak in protest, and there was no response. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to close the hearing. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to grant authority to the Department of Community Development to proceed with construction on the remaining properties on Downey Improvement Project No. 675. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto Mayor Pro Tem Winton declared that this is the time and place for the public hearing of protests or objections against the improvement of Assessment District No. 110 Laura Street and Other Streets, as described in Resolution of Intention No. 3193 adopted November 10, 1975. He inquired if the City Clerk had the Affidavits of Publication, Posting, and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavits. Council Minutes 12/8/75 -4- Mayor Pro Tem Winton inquired if the City Clerk had received any written protests or objections. City Clerk Shand read a letter of protest from G. Landwehr, 12002 Old River School Road. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to receive and file the letter of protest. Community Development Director Spindel reported this is a hearing to determine the public convenience and necessity for the improvement of Laura Street from Julius Street to Old River School Road, He said the improvements include curb, gutter, paving, acquisition of right-of-way, with a small amount of sidewalk to be constructed along the Old River School frontage (12002 Old River School Road) and sidewalk at the southeast end of Laura Street along the subdivision (Tract No. 24092). Mr. Spindel explained the estimated cost for the total district is $52,200, which includes $14,000 for right-of-way and associated legal fees, and the City°s contribution estimated at $24,200, which is intended to cover the cost of reconstruction of the existing facilities, as well as the normal engineering and incidental contributions. He said the remaining cost of $28,000 would be assessed to the benefiting property owners. Responding to questions, Mr. Spindel indicated sidewalks are not contemplated throughout the district. He stated the sidewalk on Old River School Road will be a City cost, inasmuch as it is reconstruction of existing sidewalk. Councilman Jennings inquired if funds have been impounded for sidewalks in front of the subdivision. Mr. Spindel replied yes. He said since the area involved is behind the wall of the subdivision, if sidewalks are not put in there will be a maintenance problem. Discussion followed. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to receive and file the Engineer's Report. Mayor Pro Tem Winton inquired if there was anyone present who wished to speak in protest to Assessment District No. 110. Mr. Ralph Mundia, 7508 Laura Street, spoke regarding the lack of maintenance on the right-of-way in front of the subdivision and stated he would be against the improvements unless the electrical is put underground. He also raised questions regarding the proposed improvements. Mr. Spindel explained that since Laura Street is strictly residential it would not be eligible for the Edison Company's undergrounding program; therefore, any undergrounding costs would have to be assessed to the property owners, and the costs would be prohibitive. He commented on the drainage problems existing on Laura Street. Mayor Pro Tem Winton asked Mr. Mundia if he would be willing to pay for the cost of undergrounding, and Mr. Mundia replied yes. Mr. Mundia inquired about the estimated cost for his property. Mr. Spindel stated the estimate is $1325, which includes curb, gutter, driveway, street paving, grading, and clearing of obstruction. Mr. Mundia indicated he is not planning to give any right-of-way for the improvements. Mr. Spindel explained the assessment district is proceeding according to State law, and under these procedures those who dedicate right-of-way without going to condemnation receive credit on their total assessment; the condemnation and court costs for those who do not dedicate right-of-way are spread out over the district to all of the other property owners. Ms. Ada Lloyd, owner of property at 7436 Laura Street, raised questions regarding the proposed sidewalks, stated concern that the proposed improvements will effect the drainage problem of her property during the rainy season. and asked about the estimated cost to her property. Mr. Spindel explained the grade of the street will not be changed significantly to effect the drainage. He said the estimated cost to Ms. Lloyd's property is $1425. Council Minutes 12/8/75 -5- Mr. Richard Holste, 7519 Laura Street, said the City should maintain the property between the sidewalk and the wall of the subdivision since the owner of that property has dedicated right-of-way to the City. Mayor Pro Tem Winton inquired if there was anyone else present who wished to speak in protest, and there was no reseponse. He inquired if there was anyone present who wished to speak in behalf or in favor of Assessment District No. 110. Mr. John Leichsenring, 7427 Laura Street, asked if the improvements will include sidewalks on the north side of the street. Mr. Spindel replied no. Mr. Mundia raised questions regarding proposed improvements for the north side of the street. Mayor Pro Tem Winton inquired if there was anyone else present who wished to speak in behalf or in favor, and there was no response. City Attorney Sorensen said there has been a change in the work to be done. Mr. Spindel explained the proposed change is to delete the sidewalk at the corner of Old River School Road and Laura Street and to shorten the property line radius to ten feet instead of fifteen feet. Mr. Sorensen explained there are two hearings tonight, one on the Resolution of Convenience and Necessity and the other on the Resolution of Intention. He suggested that this hearing be left open at the moment and open the hearing on the Resolution of Intention so that the two are running concurrently, and then by motion, the testimony given at the hearing on the Resolution of Convenience and Necessity can be incorporated into the hearing on the Resolution of Intention along with the Engineer's Report. Then, he .said the Council may make a decision on the proposed change, close the hearing, and take whatever steps it wishes. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to open the hearing on the Resolution of Intention, Assessment District No. 110, Laura Street and Other Streets. Mayor Pro Tem Winton .inquired if the City Clerk had the Affidavits of Publication, Posting, and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavits. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to incorporate the testimony of the hearing on the Resolution of Convenience and Necessity into the hearing on the Resolution of Intention. Mayor Pro Tem Winton inquired if there was anyone present who wished to speak relative to the Resolution of Intention. Mr. Ralph Mundia stated his protest. He raised questions regarding the time element involved for submitting a letter of protest signed by the residents on Laura Street. Discussion followed. Mr. Ludwig Noeske, 9527 Orizaba, inquired about the drainage problem on Laura Street. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to amend Plan No. 3-24-5 for Assessment District No. 110, by change set forth on the plan identified as A. D. 110, Laura Street, modified and designed for 12002 Old River School Road. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT. 1 Council Member: DiLoreto It was moved by Councilman Jennings and seconded by Councilwoman Scotto to close the simultaneous hearings. RESOLUTION NO. 3211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENT OF LAURA STREET IN THE CITY OF DOWNEY (ASSESSMENT DISTRICT 110) Council Minutes 12/8/75 -6- The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3211. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto RESOLUTION NO. 3212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OVERRULING PROTESTS (ASSESSMENT DISTRICT 110) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3212. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT.: 1 Council Member: DiLoreto RESOLUTION NO, 3213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING WORK TO BE DONE ON LAURA STREET IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 3192, AS MODIFIED (ASSESSMENT DISTRICT 110) The Resolution was read by title only. It was moved by Councilman Jennings to waive further reading. Mr. Sorensen noted that in Section 1, the words "as modified" should be inserted after "Resolution of Intention No. 3193". The motion to waive was seconded by Councilwoman Scotto, It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3213, as revised by the City Attorney. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto For the benefit of those present, Mr. Sorensen explained the proceedings that will follow now that the Council has authorized the Assessment District to go forward. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to approve the Consent Calendar: Minutes of the Regular Council Meeting of November 25, 1975. Correspondence from the City Council, City of Carson, regarding Resolution Urgin Congress to Re-enact the General Revenue Sharing Program. Denial of Legal Claims, Ref. #256, Vernon L. Dobbs, R.ef. #257. Kitt Johnson, and Ref. #258, Betty Jane Henderson and Allen Henderson. Cash Contract #385 Southwest Corner of Luxor Street and Mitla Avenue: Accept the improvements completed. General Warrants: #141327 - 141514. #201907 - 201950 - $279,694.56. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABS)ENT: 1 Council Member: DiLoreto Mayor Pro Tem Winton declared a recess at 9:13 p.m. The meeting resumed at 9:28 p.m. with Council Members Scotto, Jennings, Greene, Winton present; Council Member DiLoreto absent. RESOLUTION NO. 3214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE CITY ENGINEER TO FURNISH PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF TEXAS STREET, IOWA STREET AND DOLAN AVENUE (ASSESSMENT DISTRICT 109) Council Minutes 12/8/75 -7- The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3214. AYES: 4 Council Members: Scotto, Jennings, Greene, Wanton ABSENT: 1 Council Member: DiLoreto RESOLUTION NO. 3215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY _ ADOPTING THE PROFILE AND IMPROVEMENT PLAN AND SPECIFI- CATION FOR THE IMPROVEMENT OF TEXAS STREET, IOWA STREET, AND DOLAN AVENUE IN THE CITY OF DOWNEY (ASSESSMENT DISTRICT 109) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3215. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto RESOLUTION NO. 3216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING MAP OF ASSESSMENT DISTRICT FOR THE IMPROVEMENT OF TEXAS STREET, IOWA STREET AND DOLAN AVENUE IN THE CITY OF DOWNEY (ASSESSMENT DISTRICT 109) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3216. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto RESOLUTION NO. 3217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENT OF TEXAS STREET, IOWA STREET AND DOLAN AVENUE IN THE CITY OF DOWNEY (ASSESSMENT DISTRICT 109) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3217. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member:. DiLoreto RESOLUTION NO. 3218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO IMPROVE TEXAS STREET, IOWA STREET AND DOLAN AVENUE IN THE CITY OF DOWNEY, DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT (ASSESSMENT DISTRICT 109) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3218. Council Minutes 12/8/75 -8- AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto RESOLUTION NO, 3219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DETERMINING THAT LIQUIDATED DAMAGES SHALL BE PAID (ASSESSMENT DISTRICT 109) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3219, AYES: 4 Council Members; Scotto, Jennings, Greene, Winton ABSENT; 1 Council Member: DiLoreto RESOLUTION NO. 3220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ENDORSING H. R. 9801, WHICH WOULD ESTABLISH A METHOD WHEREBY CONGRESS MAY PREVENT THE ADOPTION OF RULES AND REGULATIONS WHICH ARE CONTRARY TO LAW, INCONSISTENT WITH CONGRESSIONAL INTENT, OR WHICH GO BEYOND THE MANDATE OF THE LEGISLATION THEY ARE DESIGNED TO IMPLEMENT The Resolution was read by title only. It was noted that H. R. 8231 was the number of the original bill, and since there are more than 25 endorsers to that bill, the number has been changed to H.R. 9801. It was recommended the Council endorse both bills. The title of the Resolution was amended to include H. R. 8231 and H. R. 9801. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to waive further reading of the Resolution, as revised. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3220. Community Development Director Spindel explained that apparently the Congressmen feel they do not have enough control over the administration once a bill is passed, and this is the reason for attempting to pass this bill and give Congress more control over the rules and regulations. Discussion followed. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto RESOLUTION NO. 3221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO MAKE USE OF FUNDS MADE AVAILABLE UNDER THE C.O.D. THROUGH THE DEPARTMENT OF REHABILITATION, STATE OF CALIFORNIA The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3221. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to award Cash Contract #377, Lubec Street, in the amount of the unit prices bid, to Damon Construction Company of South Gate, the lowest and best bidder. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto Council Minutes 12/8/75 -9- ;s< Cash Contract #388, Water Well Supply Councilman Jennings questioned the selected method of drilling. Water Superintendent Coates explained the reason for selecting the cable tool method is that there are none of the sand problems that occur with a rotary drill. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to accept the bid from Water Well Supply for drilling a water well at 7800 Telegraph Road. Councilman Jennings inquired about use of the well at the Golf Course. Mr. Coates said those water rights would have been used to furnish water to the golf course. Also, he indicated the original purpose of this well is for necessity during a peak day of the summer, and if the City were faced with a MWD failure there would not be enough water to meet the City's needs in case of fire. Fire Chief Wood commented on the fire flow rating and concurred with Mr. Coates Discussion followed. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by the following vote to receive the written report by the City Engineer regarding costs to provide underground electrical service to Parcels No. 13, 17, 19, and 21 on Underground Utility District No. 9, Fifth Street. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to set a hearing on Underground Utility District No. 9, Fifth Street, for 7:30 p.m", January 12, 1976, in the Council Chambers of the Downey City Hall, as the time and place for hearing protests against assessment of costs. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto Fire Department Pumpers Councilman Jennings said the original presentation to the Council was that the allocation would be in two different budget years. He disagreed with ordering both pumpers in the same year. City Manager Thompson pointed out that the City would save approximately $67,00 by ordering both pumpers at this time. He explained the amount would be available in the Equipment Replacement Fund, and under the new amortization schedule, the fund would be replenished. Fire Chief Wood commented on the difficulty and high cost to repair the City's 18-year old pumper. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to authorize the Fire Chief to proceed with acquisition of two 1250 G.P.M. pumpers from Ward LaFrance Corporation, Elmira, New York, for a negotiated purchase price of $67,508 each. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto Weekly Street Sweeping Responding to questions, Community Development Director Spindel mentioned there would be more capital outlay for replacement because under the bi-weekly plan the sweepers are amortized over an eight -year period and under a weekly plan are amortized five years. He commented on the greater programs conducted by the City's manpower and stated to go back to a weekly program would require taking a man from another program or putting on additional manpower and mechanics. Mr. Spindel pointed out that since 1966 the General Fund contribution for street maintenance and operation has doubled, and if the City loses its County Aid to Cities, which is used for maintenance, this will compound the problem. Council Minutes 12/8/75 -10- Mr. Spindel commented on the difficulty of enforcing "no parking" areas where signs have been installed to restrict parking during sweeping hours and the sweeping is done bi-weekly. Councilwoman Scotto suggested weekly sweeping only in the areas where there is a specific need. Mr. Spindel stated it would be difficult to schedule sweeping in that manner be - case it would be scattered throughout the City. He said he would look into this and report back to the Council. Mr. Spindel responded to questions regarding the higher cost for weekly sweeping. Mayor Pro Tem Winton commented favorably on the landscaping improvements performed by City staff and indicated he would like to see a report on sweeping more frequently. It was moved by Councilman Jennings to revert to weekly street sweeping in R-1 residential as of July 1st, 1976. Councilman Jennings then revised his motion to return back to weekly street sweep- ing in the entire City limits as of July lst, 1976. The motion died for lack of a second. The Council stated its preference for a report. Approval of the Southeast Park Master Plan Parks & Recreation Director Neavill stated the Recreation & Community Services Commission reviewed and generally agree with the modifications suggested by Council, and there are other modifications developed by staff for the Council's review. He pointed out that landscaping and irrigation designs are needed in order to commit the funds budgeted this year. Mayor Pro Tem Winton said he had originally hoped for a park development more conducive for the use of neighborhood children, and he expressed the thought that this is being developed as an adult park. Mr. Neavill explained since the last Council Meeting the Commission has reviewed a full report of the Council's comments, and the Commission and staff have made an effort to modify the plan. He mentioned the report provides additional space for general usage of the park by children. Mr. Neavill noted the $1,126,000 total cost does not include eliminating the additional tennis courts, so the revised figure on the total acquisition of the development is $1,171,835. Mayor Pro Tem Winton asked if staff had taken a survey of the neighborhood to determine what activities are needed for children. He noted this is the most populated area of the City and is the first park in that area since the City's incorporation. Mr. Neavill explained it is staff's understanding that the tennis courts were to serve a regional area, a City-wide need, and it is his feeling this ten -acre site can accommodate certain specialized facilities and also provide sufficient space for the neighborhood children's recreation needs. The modified Master Plan was exhibited for Council review. Mr. Neavill commented on suggestions and modifications made by the Recreation & Community Services Commission. He mentioned staff will be contacting a homeowner on Dunrobin Avenue, who has indicated he would be willing to negotiate or consider selling the property as an easement or corridor to the park to tie in with the Gauldin School. Discussion followed. Mayor Pro Tem Winton stated 60-to-70 percent of the park requires organized activity, and out of the $140,000 spent on the park, about $2,000 or $3,000 has been for youth development. Councilman Jennings suggested that Mayor Pro Tem Winton and Mr. Neavill get together on this matter. Following further discussion the matter was taken under submission. Council Minutes 12/8/75 -11- 7:Z� a92 Downey Bicentennial Commission Request Mr. Chester Sutton, Chairman of the Bicentennial Commemorative Committee, displayed a miniature model of a proposed mosaic and sculpture to be placed in the Downey Theatre on the wall just opposite the entrance. He said approval of the Council is requested so that the artist can be commissioned to begin work after the first of the year and be ready for the unveiling July 4th. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote that the request of the Bicentennial Commission to place a sculpture and/or mural in the Downey Theatre lobby at no expense to the City be approved. AYES: 4 Council Members: Scotto, Jennings, Greene, Winton ABSENT: 1 Council Member: DiLoreto Request for Refuse Rate Increase City Clerk Shand advised that Mayor DiLoreto has requested this matter be held over for the Council meeting of December 23rd, or the first meeting in January. Councilman Jennings stated due to the fact that the billing cycle is quarterly and will come up around the 1st of January, to hold this up would be a disservice to Calsan. It was moved by Councilman Jennings that Calsan, Inc., receive a rate adjustment to $2.55 for a single family unit, $2.10 for multiple units up to and including six, and that $1,000 a year be added to the contractor's service fee to provide an 80c per month refund for those senior citizens qualifying under the refund portion of the Utility Users Tax. Mayor Pro Tem said he feels the City has been getting good service, he has not received any citizen complaints for the last two years, and he feels the rates are competitive. Mayor Pro Tem Winton seconded the motion. Councilwoman Scotto stated staff has thoroughly'reviewed this matter, and she would be willing to listen to Mr. Adnoff's comments before voting. AYES- 2 Council Members: Jennings, Winton NOES: 2 Council Members: Scotto, Greene ABSENT: 1 Council Member: DiLoreto Motion failed. It was moved by Councilwoman Scotto that the refuse rate be increased to $2.50 for single family units, the rate for multiple units up to and including six units be re- duced to $2.05, and a refund of Kc per month -be allowed for the citizens who meet the refund qualifications of the Utility Users Tax. This would be financed by adding $1,000 to the contractor's service fee. Councilman Greene pointed out that Mr. Adnoff has had union problems since the middle of October, and there have been additional costs since the first report was presented to Council. He suggested Mr. Adnoff might want to address the Council before the vote is taken. The motion was seconded by Mayor Pro Tem Winton. Councilman Jennings asked if the formula had been applied to the proposed increase. Mr. DeSio, Superintendent of the Physical Services Division, said the formula as _ of October 1st would have generated about 8.4 percent net increase, which is within the recommendation of staff. He explained the formula was established so the rates would not have to be negotiated each year; Mr. Adnoff and his attorney were consulted, and although the formula was not used in conjunction with staff's recommendation, it --- is within the range. Community Development Director Spindel pointed out when the Council approved the formula it was noted it would not be applied to this year's rate increase but subsequent increases. He said this year's rate increase has been analyzed on the basis of percentage of profit the contractor anticipates making; based on anticipated inflation this year with the increase in rates; and based on the request from the contractor, the net profit would increase approximately 60 percent, which staff considered excessive. Therefore, he stated staff estimated and calculated the contractor would receive the same percentage of profit next year as he did this year, which is about 5� percent based on his total expenses, and takes into account a 9.2 percent increase in total expenses. Council Minutes 12/8/75 -12- Mr. Donald Wilson, 10901 Paramount Boulevard, Downey, representing Calsan, Inc., said there is some disagreement with staff's recommendation and they believe the figures presented by staff return a profit of about three percent to the company rather than the figures stated. He explained the figures were based on all financial figures prior to June 30, 1975, inasmuch as the company cannot furnish immediate figures upon the end of a quarter. Mr. Wilson noted during the last quarter statement ending September, 1975, Calsan had a $4,000 loss, and based on statements of the company CPA, if the formula were applied to the present financial condition of the company, the rate in- crease would be approximately $2.90 rather than the requested $2,60. He stated if the company has to go another year at $2.05 on multiple units and $2.50 on single family, the level of service cannot be provided. He mentioned the union -organizing activities have effected some of the wage costs, and the company needs the money to function on an efficient level. Mr. Morrie Adnoff, President of Calsan, Inc., 9821 Downey Norwalk Road, Downey, presented to the Council a summary of his costs and third quarter financial statement. He reviewed the summary including overhead expenses, a copy of which is on file in the office of the City Clerk. He presented a comparison study of rates proposed by the City staff vs. actual costs incurred by his company. Mayor Pro Tem Winton reminded Mr. Adnoff that there is a staff -recommended motion and second on the floor and asked Mr. Adnoff to state what he would consider to be a minimum accepted price for rubbish rates. City Manager Thompson said all of the information Mr. Adnoff has presented tonight staff is aware of and was considered in the recommendation. He suggested that if there is a disparity, perhaps the contract should be put out to bid. Again Mayor Pro Tem Winton asked Mr. Adnoff for the minimum operable figures he would want the Council to consider. Mr. Adnoff replied he would appreciate $2.60 for single family units and $2.20 for multiple units. Mayor Pro Tem Winton withdrew his second to the motion stating there is a disparity relative to the amounts proposed by staff and the contractor. Councilwoman Scotto said she will let her motion stand or stop as the case may be. Mayor Pro Tem Winton stated inasmuch as there is a price factor involved and the Mayor has requested this matter be held, he will ask the Council to hold this matter over to the Council meeting of December 23rd. It was moved by Councilman Jennings that staff prepare bids and the rubbish contract go out to bid before the first of January. The motion died for lack of a second. Taken under submission for the December 23rd Council Meeting. CITY MANAGER'S REPORT City Manager Thompson called to the Council's attention the bridge opening at Florence Avenue over the Rio Hondo Channel to be held Friday (December 12th). Mr. Thompson said he has been informed by Mayor DiLoreto that he will be able to attend a joint meeting of the Council and School Board either January 5th or 19th. The Council concurred. The meeting was scheduled for 5:30 p.m., January 5, 1976, in the Green Room of the Downey Theatre. ORAL COMMUNICATIONS Speaking to Graffiti Removal, Community Development Director Spindel advised that the City is ready to demonstrate its wet sandblasting machine anytime this week to remove graffiti at either Golden Park or on Dalen Street. The demonstration was scheduled for 1:00 p.m., Thursday (December llth) on Dalen Street one block south of Imperial Highway, east of Ardis Avenue. Councilman Greene stated if the greens at the Rio Hondo Golf Course are redone, he would request that they not be done all at one time. Commenting on the Monthly Activity Report, Councilman Jennings said if the reports are of any value to the departments they should be available shortly after the close of the month. Council Minutes 12/8/75 -13- It was moved by Councilman Jennings to approve discontinuing the Departmental Monthly Activity Report in its entirety. Mayor Pro Tem Winton questioned the Council's authority to move on this matter since it may be administrative and not Council policy. City Manager Thompson stated he uses the information for administrative purposes, control, and internal information which he believes the City Manager should be entitled to at the discretion of the departments. The motion died for lack of a second. Councilman Jennings left the meeting at 11:50 p.m. Councilwoman Scotto reported the Senior Citizen Transportation Program is very successful, having transported 1498 people last month. Councilwoman Scotto stated her desire to meet with the department heads to dis- cuss the SUA Report and asked for Council concurrence in setting a date prior to meeting with the consultants. Councilman Greene agreed. Mayor Pro Tem Winton said the report has good basic guidelines. Mr. Thompson pointed out that by contract there is an amount owing on the retainer which is now due. A meeting was not scheduled at this time. Mayor Pro Tem Winton asked that a certificate be prepared for Mr. and Mrs. Jack Bessent in recognition of the many years they have donated the Christmas Tree in the Council Chambers without cost. The Council concurred. Mayor Pro Tem Winton requested Mr.,,Spindel to inspect a sinking area along th east side of Stewart and Gray Road at its intersection with Woodruff Avenue in the vicinity of the trenches. There being no further business to come before the City Council, the meeting was adjourned at 11:57 p.m. Robert L. Shand, City "lerk-Treasurer I Donald H. Winton, Mayor Pro Tempore Council Minutes 12/8/75 -14-