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HomeMy WebLinkAboutMinutes-02-24-59-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 241, 1959 The City Council of the City of Downey held a regular meeting in the Council Chambers of the Downey City Hall at 8:00 A.M. on Tuesday, February 24, 1959. Mayor Pro - Tempore James L. Stamps presiding. PRESENT: Councilmen: Dunnum, Peavey, Temple, Stamps ABSENT: Councilman: Giddings ALSO PRESENT: Oren L. King, City Manager Glenn Kendall, Assistant City Manager Royal M. Sorensen, City Attorney Richard Barhite, Director of Public Works Robert Gain, Fire Chief Ivan A. Robinson, Chief of Police Ray Lake, Director of Building & Safety Dan McNutt, City Planner Don Simpson, City Engineer Roy Starkey, Director of Finance Lester Bergslien, City Librarian Della Doyle, City Clerk The Mayor Pro - Tempore announced that this was the time and place for continuation of the hearing on the Dempster Street Improvement No. 3. Don Simpson, City Engineer, reported that by eliminating the paving cost on Downey Avenue from the Districtby the amount of $382.03, the new spread was made and reflected a reduction in all assessments and a total reduction to Mr. W. S. Steinman, 13660 Dempster Ave. of $133.36. He reported that the Improvement Act of 1911 provides that the costs be assessed to each parcel within the District in direct proportion to the benefits received, and it was the feeling of the Engineering Department that the new spread was prepared with this in mind. The City's allocation for Downey Avenue would be in the amount of $382.03. Mr. W. S. Steinman, 13660 Dempster Avenue, Paramount, was present and spoke in further support of his protest made at the initial public hearing on January 27, 1959. There were no written protests and no other oral protests. It was moved by Councilman Dunnum, seconded by Councilman Temple and so ordered that the hearing on the Dempster Street Improvement No. 3 be closed. It was moved by Councilman Dunnum, seconded by Councilman Temple and so ordered that further action on the Dempster Street Improvement No. 3 be tabled until the next regular Council Meeting on March 10, 1959, when the City Attorney would have the necessary resolutions covering City contribution and confirming the assessments. The Mayor Pro- Tempore announced that this was the time and place for the hearing on the Nada Improvement #9. Mayor Pro - Tempore asked the City Clerk if she had the Affidavit of Publication, Affidavit of Posting and Affidavit of Mailing. The City Clerk said she had the affidavits. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the affidavits be received and filed. Mayor Pro - Tempore asked if there were any protests. The following persons spoke in protest to the Nada Street Improvement: Mary Gleason Gibson, 8227 E. Stewart and Gray Road, Downey Cora Cooprider, 8217 Stewart and Gray Road, Downey Edward Hudson, 8503 Otto Street, Downey Charles S. Spurr, 8504 Otto Street, Downey Ray Biby, 9961 Lexington Road, Downey In order that anyone having questions could contact the Engineering Department so there would be a better understanding of what work was being planned and where the sewers would be, it was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the hearing on the Nada Street Improvement be continued until March 10, 1959 It was recommended by Councilman Temple that in the future anyone whose property would be affected indirectly by improvements should be notified, regardless of whether or not an assessment would be in order. Mayor Pro - Tempore Stamps introduced Mrs. Leona Aldrich of the League of Women Voters. Mrs. Aldrich extended the appreciation of this group to the Council, City Manager and department heads for their cooperation in the study they have been making of city government, and stated that it had given her and the League an insight into the City's government. Councilman Dunnum stated that the members of the League of Women Voters should be congratulated for establishing such an organization. Councilman Peavey requested the Council to take action on the following resolutions as he was required to retire from the meeting. RESOLUTION NO. 388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN MEMORY OF ARCHIE D. FULLER. The resolution was read in full. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that Resolution No. 388 be adopted with the addition of "and family" to Section 1. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings RESOLUTION NO. 389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING THE DEFEAT OF ASSEMBLY BILL 919. (Federated Fire Fighters) The resolution was read by title only. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that Resolution No. 389 be adopted. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps •-� NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings Mr. Steve Skinner, 8707 E. Imperial, Downey, stated he was in favor of the resolution and suggested that Downey have a representative in Sacramento when Assembly Bill #919 is presented. 5 It was moved by Councilman Peavey and seconded by Councilman Temple and so ordered that the City Manager send letters to the other cities of Los Angeles County urging their city councils to take similar action as that taken by Downey with various representatives of their districts to appraise them of the situation and protest Assembly Bill #919. Councilman Peavey asked to be excused from the meeting at 8:55 A.M. This was done. "" It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that the minutes of the meeting of February 10, 1959, be approved as corrected. The City Clerk read the following written communications: A letter from Mrs. Herbert Walburg, President of the Downey Junior Woman's Club, presenting a check for $150.00 to the City Library to establish a Record Library. Lester Bergslien, City Librarian, explained the RCA subscription plan for which a contract is now in the hands of the RCA Company and stated that it would be presented to the City Council when RCA returned it to him. A letter from the County Boundary Commission stating that the City of Huntington Park was anticipating annexation #4. An announcement of a League of California Cities Directors meeting to be held on Thursday, March 5, 1959, at 7:15 P.M. A letter from the American Society for Public Administration extending its thanks for Downey's excellent presentation in connection with the Annual City Award evaluation, and announcing Manhattan Beach as the award winner. Councilman Dunnum recommended that a letter of congratulations be sent to Manhattan Beach signed by the Mayor. A letter from Mr. D. K. Grandey, District Manager of Southern California Edison Company stating that the removal of poles from Firestone Boulevard will be accomplished more readily through the cooperation of the Chamber of Com- merce of the City of Downey and their Company, and assuring the City of the Edison Company's desire to cooperate with the City and the people within the proposed improvement district. A sketch showing the location of the poles as they now exist and the proposed relocation of the same line is being prepared by the Edison Company. The City Manager reported that he had met with both the Telephone Company and the California Edison Company and had been informed they were having diffi- culty in obtaining rights of way. Mr. King had informed the utility companies that the City will be happy to meet with them to assist in securing the neces- sary rights of way. A letter from Ray L. Mayfield, Attorney for Mr. James E. Coursey, with the necessary deposit, appealing the decision of the Planning Commission in Zone Exception Case No. 93. Councilman Dunnum requested that Mr. Mayfield be heard. Mr. Ray Mayfield stated that he was representing Mr. Coursey and his +• tenants who were doing business as the Downey Heating and Air Conditioning Company, and that they were requesting a zone exception upon the following three conditions: 1. To put in no additional equipment. 2. That the lease be on a 10 -year basis, and that any exception would not exceed 10 years. 3. Any exception not to exceed the tenancy. He further stated that they wished to house material which is presently being stored outside, thus improving the outward appearance, and to keep the present parking facilities intact. Mayor Pro - Tempore Stamps recommended further investigation. Council- man Dunnum stated he had investigated and felt the request was an equitable one. City Planner Dan McNutt was called upon to give a report of the Planning Commission's findings and the basis for their decision. It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that a hearing for the appeal of Mr. Coursey be set for March 10, 1959 at 8:00 A.M. City Clerk Della Doyle then continued reading the written communications. A letter from Mrs. Mainard Vaughn discoursing on the contemplated use of tilt -up construction for the new City Library. Councilman Temple suggested that a letter be directed to Mrs. Vaughn informing her that the Council has not as yet made its decision as to the type of structure the City Library shall have. Councilman Peavey returned to the meeting at 9:20 A.M. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING TO CHAPTER 5 OF ARTICLE VI A NEW PART RELATING TO BILLIARD ROOMS. The ordinance was read by title only. It was moved by Councilman Dunnum, seconded by Councilman Temple and so ordered that the definition of "Billiard Rooms" be modified in such ordinance before any action be taken. A summary of the bids received for the improvement of Cole Street between Downey Avenue and Brookshire Avenue was presented and it was recommended that the bid be awarded to the lowest and best bidder, Sully- Miller Contract Co. for $12,790.00. RESOLUTION NO. 390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AWARnNG CONTRACT TO IMPROVE COLE STREET IN THE CITY, IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 352. The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that further reading be waived. It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote that Resolution No. 390 be adopted. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings RESOLUTION NO. 391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AGREEING TO THE REVISION OF THE SANTA ANA FREEWAY AGREEMENT. The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that further reading be waived. It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote that Resolution No. 391 be adopted. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings 5.2 RESOLUTION NO. 392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE 1958 STORM DRAIN BOND ISSUE REPORT AND AUTHORIZING THE COUNTY OF LOS ANGELES TO ACQUIRE THE APPURTENANT STORM DRAIN EASEMENTS BY EMINENT DOMAIN PROCEEDINGS. The resolution was read by title only. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that Resolution No. 392 be adopted. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings RESOLUTION NO. 393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE A PUBLIC UTILITY EASEMENT ON THE NORTHERLY SIDE OF IMPERIAL HIGHWAY WESTERLY OF OLD RIVER SCHOOL ROAD. The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that further reading be waived. It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote that Resolution No. 393 be adopted. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings It was recommended that the utility companies be notified of the intention to vacate the utility easement on the northerly side of Imperial Highway westerly of Old River School Road. RESOLUTION NO. 394 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE STATE LEGISLATURE TO ADOPT AB 487. (Processory Interest Taxation) The resolution was read by title only. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote that Resolution No. 394 be adopted. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings RESOLUTION NO. 395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, PERTAINING TO THE POSITION OF THE CITY OF DOWNEY WITH RESPECT TO DOCKET NO. 5645 ET AL., PACIFIC - SOUTHWEST LOCAL SERVICE CASE, BEFORE THE CIVIL AERONAUTICS BOARD. The resolution was read by title only. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that further reading be waived. Councilman Peavey moved, it was seconded by Councilman Temple and passed by the following vote that Resolution No. 395 be adopted. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings Councilman Temple suggested that a representative be appointed to attend the hearing on March 10, 1959. It was so ordered. RESOLUTION NO. WS 136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID ( #3448 through #3513 $16,761.79) The resolution was read by title only. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that Resolution No. WS 136 be adopted. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Conncilman: Giddings RESOLUTION NO. WS 137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID ( #7682 through #7974 $58,257.17) (Payroll) The resolution was read by title only. It was moved by Councilman Dunnum, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that Resolution No. WS 137 be adopted. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings City Manager King reported one bid was received for weed abatement. Councilman Dunnum asked that the Director of Finance, Roy Starkey, check as to whether or not the sole bid could be rejected on the basis of its being the only bid received. Mr. King, City Manager, reported that an Agreement had been drawn for joint policing on Telegraph Road by Pico - Rivera and Downey. It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote that the Mutual Aid Agreement for policing on Telegraph Road be approved and authorized the Mayor's signature. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that approval be granted for circulation of petitions for the improvement of Phlox Avenue, Improvement District #33. 'Roy Starkey, Director of Finance, reported that upon checking the bid advertisement for weed abatement in the City of Downey, the Council had reserved the right to reject any bid. It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote that inasmuch as only one bid was received, all bids be rejected and the City readvertise for new bids relative to weed abatement. 0-. AYES: 4 Councilmen: Peavey, Dunnum, Temple, Stamps NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings Mayor Pro - Tempore Stamps asked to be excused from the meeting at 9:50 A.M. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that Councilman Dunnum take over in Mayor Pro - Tempore Stamps' absence. City Engineer Donald C. Simpson reported that the petition for Improvement District No. 12 - the improvement of 6th Street between Lakewood Boulevard and a point approximately 600 feet westerly had been returned and had been signed by 63% of the owners of the property in the area of the proposed district. The City Engineer recommended that the City Council authorize preparation of plans and specifications, employ the legal firm of Burke, Williams and Sorensen to prepare the necessary legal documents, and advance $2500 to pay engineering costs incurred until the bonds are sold. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that plans and specifications for Improvement District #12 - 6th Street, be prepared. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the legal firm of Burke, Williams and Sorensen prepare the necessary legal documents for Improvement District #12 - 6th Street. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that $2500 be advanced to pay engineering costs incurred until the bonds are sold for Improvement District #12 - 6th Street. The City Manager reported that the report on the acquisition of rights of way on Brookshire Avenue and Cherokee Drive was not ready and recommended that this matter be tabled. The City Manager requested several inter - departmental budget transfers and reported that these transfers do not incur any increase in over -all departmental expenditures but would be set up to adjust various needs within the departments. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that inter - departmental transfers be authorized as indicated in the City Manager's Report, subject to the approval of the Finance Committee. The City Manager reported that the City had been unsucQessful thus far in its attempts to acquire property across from the City Hall, through negotiations with the owners, and recommended that the City Attorney be authorized to proceed with condemnation proceedings for acquisition of this property. The City Attorney was directed to submit a resolution to this effect at the next Council Meeting. The City Manager reported that under the present contract with the Tide Water Oil Association the City is able to take advantage of their bulk price for gasoline purchase for the Public Works and Fire Department; however, their tanks are not large enough or service available to take care of the Police Department around- the -clock service and other City departments. Although it has been previously suggested that we install our own bulk tanks at the central fire station, due to the possibility of a better location for the future bulk distribu- tion of gasoline for City Departments, the City Manager recommended that at this time a wholesale agreement at one of the local service stations be effected to 5� J use their tanks for our gasoline for a 3o, a gallon charge at a savings of $110.00 per month based upon the City's present consumption. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that bids be called for to supply tank and pump facilities and service as required to service City vehicles for a period to expire June 30, 1960. AYES: 3 Councilmen: Peavey, NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Stamps, Temple, Dunnum Giddings The City Manager reported the advertisement of sale of a lot 50 x 120 feet on Clark Avenue to the highest and best bidder, bids to be opened March 9, 1959. The City Manager reported that the price had been set at from $5,000 bo$6,000. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that the bids for the sale of the lot on Clark Avenue be subject to acceptance or rejection by the City Council, and that the opinion of the Real Estate Board be asked as to its true value. Mr. King, City Manager, reported that a survey had been made of railroad crossings within the City of Downey, and recommended that certain crossings should be improved with either additional lighting, warning signals, and /or widening of the approaches for the City's portion of the cost. It was recom- mended that these be included as an item in the 1959 -60 budget, that the Southern Pacific Railroad Company be recontacted relative to their participa- tion, and that a study be made to replace the stop signs now that had previously been removed. The City Attorney reported that service had been made on all the people for clearance of title on the property designated for the Fire Station on Florence Avenue, and that a request for default is now in process. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that authority be granted to call for bids for construction of the fire station, subject to clearance of title. Councilman Temple reported that he has had many calls regarding the need for a crossing guard at the school crossing at Adwen and Rives, and recommended that a thorough survey be made in order to have all areas handled in a uniform manner. Councilman Temple reported that he has received numerous complaints that the signal at Rives and Firestone is short going north and south and he in- quired as to whether there is some way the light could be lengthened. Councilman Temple requested Mr. King to make an investigation of the possibility of putting in a heliport at Rancho Los Amigos. Councilman Temple reported that at a Downey Parkway and Recreation Meeting the triangle area in Downey requested withdrawing from the Southeast Park District and becoming a part of the Downey Park District. He inquired of the City Attorney if the City Council has any jurisdiction in a matter of this nature. The City Attorney stated that the Park District Board would control any such action and that neither the City Council nor the City has any stand- ing in the matter. Councilman Peavey requested the City Attorney to make a study to see what would be necessary for the triangle area in Downey to withdraw from the South- east Park District. Councilman Peavey asked if any progress had been made in the widening of the corner of Third and Paramount and Cherokee and Downey Avenue. Council recommended securing the rights of way from the property owners as soon as appraisals are available. Mrs. Aldrich introduced Mrs. Betty McDowell of the League of Women Voters, who in turn introduced Mrs. Byron Kilpatrick. They thanked Mr. King for all the help given them in their "Know Your Town" study. „.-M Mrs. Kilpatrick thanked the Council for the privilege of attending the Council Meeting. Councilman Dunnum stated he was happy to see such an organization formed which would aid in getting the information into the various homes and was happy they could be present. The City Manager reported that informative pictorial slides review- ing departmental activities of the City were going to be printed to be shown for budget purposes. The Council approved wholeheartedly with this procedure. Mrs. Audry Benthin, 10249 Western, Downey inquired about the dedicated property for the street from Myrtle Street through the Lucci Manor property. The City Clerk was asked to produce the minutes setting forth the conditions under which the Agreement and the bonds on the Lucci Subdivision #21227 were extended, for a period of four weeks from January 27, 1959. The City Attorney read the conditions as set forth in the minutes of the regular meeting of the City Council held on Tuesday, January 27, 1959, as follows: 1. That a certificate be received from the bonding company stating that such extension is approved and accepted by the bonding company. 2. That there be delivered to the City an instrument indicating that the Luccis have the title to Parcel A as shown on City Council's Exhibit A dated January 27, 1959, or that they have the right to go upon that parcel for the purpose of improving it as a street including sidewalks, curbs and gutters, and including sewer rights as required by the Department of Public Works. 3. That there be an Agreement on file with the City to improve Parcel A on said Exhibit A in accordance with city standards and requirements of the Department of Public Works. 4. That there be an offer of dedication of Parcel A on file with the City. 5. That there be on file with the City, bonds guaranteeing that the improvements referred to here and above be completed on Parcel A within 90 days from February 1, 1959. It was established by Mr. Richard Barhite, Director of Public Works, that none of these conditions had been met to date.. It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote that the bonding company be notified, with a copy of the notification to the Luccis, of the default of the Luccis in this matter and that the Luccis be advised that unless they comply with each and every one of the conditions imposed by the Council on January 27, 1959, at a regular meeting, that the Counck shall forthwith proceed to exhaust their remedies under the bonds. AYES: 3 Councilmen: Peavey, Temple, Dunnum NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Stamps, Giddings There being no further business, the meeting adjourned t 10:45 A.M. City Clerk Mayor pro -Tempo