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.
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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