Loading...
HomeMy WebLinkAboutMinutes-04-28-59-Regular MeetingME MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APTCL 28, 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, April 14, 1959. Mayor Edwin W. Giddings presiding. PRESENT: Councilmen: Dunnum, Peavey, Stamps, Temple, Giddings ALSO PRESENT: Oren L. King, City Manager Royal H. Sorensen, City Attorney Ray Lake, Director of Building & Safety Dan McNutt, City Planner Robert Gain, Fire Chief Ivan A. Robinson, Chief of Police Don Simpson, City Engineer Richard Barhite, Director of Public Works A. Gabriel, Purchasing Agent Roy Starkey, Director of Finance Della Doyle, City Clerk Alberta Pfeiffer, Deputy City Clerk Mayor Giddings announced that now is the time and place for the hearing on Dempster Avenue Improvement District #3. The City Attorney stated that a hearing had been held previously but that the notice of publication was published only once instead of twice as required, and since there was a question of whether the publication was proper, it was necessary to again republish the notice, set the matter for hearing, con- firming the assessment on Dempster Avenue. Mayor Giddings inquired of the City Clerk if the following affidavits had been received: 1. Affidavit of Publication 2. Affidavit of Posting 3. Affidavit of Mailing The City Clerk answered they had been received. It was moved by Councilman Stamps, seconded by Councilman Peavey and so ordered that the affidavits of publication, posting and mailing be filed. Mayor Giddings asked if there were any written protests. City Clerk Della Doyle read a letter from Mr. James W. Bowers, 11820 Patton Road, Downey, protesting an error in the legal description of the property in Parcel 4, Lot 17 of Bixby's Subdivision. Mr. Bowers protested also on the basis that the State of California, in his opinion, should be responsible for the improvements and maintenance of sewers on Dempster Avenue between Golden Avenue and Downey Avenue. Mr. Richard Barhite, Director of Public Works, explained the county had given a road easement to the City at no cost to the City and that the County of Los Angeles still owns fee title to the road, and that the assessment will be spread against private property owners gaining benefit from the road - -not against the persons who have fee title. Mr. Bowers was also present to support his written protest. There being no further written or oral protests to the Dempster Avenue Improvement No. 3, it was moved by Councilman Peavey, seconded by Councilman Dunnum and so ordered that the hearing on Dempster Avenue Improvement District be closed. r- Wig, Director of Public Works reported that a refund had been received from the contractor for Dempster Avenue Improvement No. 3 as reimbursement for the installation of a sewer lateral that had been installed by Mr. Victor F. Regner, a property owner, prior to the Assessment District work. It was moved by Councilman Dunnum, seconded by Councilman Stamps and so ordered that the Street Superintendent correct the assessment roll to show contribution by the city of $417.38 instead of $382.03 due to the fact that prior to Assessment District work a sewer lateral had been installed by property owner, Mr. Victor F. Regner. RESOLUTION NO. 418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING A CONTRIBUTION TO THE COST AND EXPENSE OF DOING THE WORK DESCRIBED IN RESOLUTION OF INTENTION NO. 256 AND RESCINDING RESOLUTION NO. 398 The resolution was read by title only. It was moved by Councilman Dunnum, seconded by Councilman Stamps and so ordered that further reading be waived. It was moved by Councilman Dunnum, seconded by Councilman Stamps and passed by the following vote to authorize contribution by the City of $417.38 instead of $382.03 for the cost of doing the work for improvement of Dempster Avenue and rescinding Resolution #398 and adopting Resolution No. 418. AYES: 5 Councilmen: Peavey, Dunnum, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the minutes of the meeting of April 14 be approved as corrected, to correct the voting relative to the A & P matter to show that Councilman Dunnum disqualified himself rather than abstaining from voting, and that the minutes of the meeting of April 21 be approved as read. The City Clerk read the following written correspondence: A letter from District Superintendent Roland R. Adams indicating the desire of the Old River School District to have a survey to see if the Student Safety Patrol is feasible for them. It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered to authorize the police department to go ahead with the survey for student patrol program in the Old River School District. A letter from the Santa Fe Springs Firemen's Association inviting the Mayor to attend the Second Annual Birthday celebration of the City of Santa Fe Springs and to be a guest on the Reviewing Stand, to act as judge for the various competition taking part in a parade. Acknowledgment was requested as soon as possible. An invitation to the Mayor and City Council to attend the next regular meeting of the Board of Directors of the Central Basin Water Association on Thursday, May 7, 1959, at Marsal's at 6:30 P.M. Councilmen Dunnum and Stamps are attending. A thank you card from Mr. Mike C. Kearns and family. A letter from Rev. John S. Ashcraft commending the Council on the session which he attended Tuesday, April 14, with particular emphasis on the stand Councilmen Dunnum and Stamps took in a particular case where they disqualified themselves because of what might appear personal interest. He stated he believes such behavior and action as he witnessed makes for good healthy government. A letter from the Downey Float Association, Inc. Secretary report- ing the resignation of Fred L. Nelson. Mayor Giddings, with Council approval, appointed Mrs. Virginia Brevig, 9727 Savage, Downey, to serve in his place. A letter of resignation from Murray L. Tanner as Chairman of the Industrial Development Committee and as a member of the Finance Committee due to a change of home and business location. Council instructed Mr. King to send a letter of regret and thanks for his many services. A letter from Mrs. R. J. Gascon expressing the great need for a crossing guard at St. Raymond's School on Paramount at Quill and request- ing immediate consideration. Letters from the County Boundary Commission advising of Rancho San Antonio Annexation No. 1 and Annexation No. 2 to the City of Bell. A letter from Mr. Theo P. Pederson with $50 deposit appealing the decision of the Planning Commission on Zone Exception Case #108. It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote that the matter be referred back to the Planning Commissiai. AYES: 5 Councilmen: Peavey, Dunnum, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None A letter of appeal with a $50 deposit on Zone Exception Case #120 from the Bell Medical Center and letter from Mr. Leslie V. Olson, surveyor, stating there had been an error in interpreting the boundaries of the "P" zone and asking resubmission of this case to the Planning Commission. It was moved by Councilman Dunnum, seconded by Councilman Peavey and passed by the following vote that the matter of Zone Exception Case #120 be re- ferred back to the Planning Commission. AYES: 5 Councilmen: Peavey, Dunnum, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None A letter from Mr. Francis R. Stradling of the Law Offices of O'Melveny & Myers, who represent the Lucci's. Mr. Stradling was present to present a declaration of Betty Lucci regarding an agreement to pay costs of a certain condemnation action. Mr. Stradling skimmed over the various points brought out by this declaration which indicated that Mrs. Gladys Moore, beneficiary under a deed of trust, of a portion of Lot 5 of Tract No. 4340, is unwilling to grant a partial reconveyance concerning a road easement. It is required of Mrs. Lucci to clear the title on this small portion of the property in order to put in a street. A possible condemnation proceeding by the City could be undertaken in order to benefit the property owners to the north by putting in the street at the Lucci's expense. The City Attorney stated there would be a number of details to be worked out and recommended refer- ring the matter to the next Council meeting. Mr. Don Fisher of 8046 Florence stated the City Engineer had been sent a letter from six residents requesting preparation of petitions for the extension of Myrtle Street from Florence to and including the Moore property. The City Manager reported that the bonding company is proceeding in the Lucci matter as previously instructed by the Council. It was moved by Councilman Peavey, seconded by Councilman Dunnum and so ordered that the City Manager, City Engineer and City Attorney submit a report on the Lucci matter to the next Council meeting. Councilman Dunnum asked to be excused from the meeting at 9:00 A.M. The City Clerk read a letter from Mr. & Mrs. Earl Ludwick which stated they were unopposed to the location of a market at Florence and Downey Avenue. 5�0 The City Attorney summarized a letter from Mr. Robert T. Whitman, attorney for J. E. Brain, in the matter of Zone Exception Case No. 114. In the letter Mr. Whitman requested that the Council reconsider the ruling as outlined at the Council Meeting of April 14 and either set a date for a public hearing or refer the matter back to the Planning Commission for further proceedings inasmuch as further evidence has been established. He referred to Section 650 of the Zoning Ordinance that gives the Council the authority to initiate a proceeding in the Planning Commission without the applicant having to refile. Mayor Giddings established that the primary change in the circum- stances was that a number of property owners in the area who previously objected to a super market in said location, do now approve the exception being granted. Betty Brain Whitman, 7818 Irwingrove Drive, Downey, asked that the matter be referred back to the Planning Commission. It was moved by Councilman Stamps, seconded by Councilman Temple and passed by the following vote to authorize the Planning Commission to initiate and hold a hearing to consider a zone exception on the property for the purposes set forth in Zone Exception Case #114. AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum City Attorney Sorensen stated this action will require a notice of said hearing the same as an original application to set it for hearing but that no new application is necessary. The City Attorney reported he had received a claim for damages filed by Stephen Herbert Brinkley against the City of Downey and certain police officers relative to a false arrest and failure to take him before a magistrate within the time prescribed by the Code. Mr. Sorensen recommended that the claim be denied and reported that copies have been referred to the insurance carrier and if there is any legal action, it will be defended by the insurance carrier. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that the claim of Stephen Herbert Brinkley be denied. City Manager King reported the Federal Aviation Agency of Los Angeles is studying a number of sites for a heliport and will prepare estimates for the Council's consideration in the near future for a heliport in Downey. Councilman Temple suggested th$t Mr. King talk to Mr. Erickson at Rancho Los Amigos who is very interested in the heliport. It was reported by the City Manager that bids will be advertised for the construction of the City Library on May 22 at 10:00 o'clock A.M. City Manager King reported the County of Los Angeles has submitted a summary of parking meter funds collected from the Bert Douglas lot beginning from about March 1, 1957 until January 31, 1959, totaling $4,333.32. Total maintenance during this period amounted to $3,001.50, leaving a balance of $1,331.82, which amount was instructed by the Chief Administrative Officer of Los Angeles County to be paid to the City of Downey by the Auditor Controller. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that a monthly report of the funds received from the different parking lots of the City be segregated and submitted to the Council. The City Manager reported there will be a National Municipal Finance Officers Conference in Montreal, Canada from June 7 through June 11, and a National Municipal Institute of City Clerks in Miami, Florida, May 18 -21. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that the expenses be approved for the Finance Director and Councilman Dunnum to attend the National Municipal Finance Officers Conference in Montreal and for City Clerk Della Doyle to attend the National Municipal Institute of City Clerks. AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum A. C. Gabriel, Purchasing Agent, presented a summary of bids on Contract No. 26, Air Conditioning Units for the City Hall, which includes the electrical wiring necessary for the air conditioners as well as the additional voltage and circuits needed for the light load within the build- ing. City Manager King indicated the firm of Anderson Electric had sub- mitted the lowest and best bid for total BTU and recommended the Council to authorize accepting the bid to include $2,135 for conversion of the oil burning furnace to natural gas, for 7 heat pumps at a total cost of $210.00 for heating the Police Department. Mr. King stated the existing furnace will be adequate for a few more years. The total bid would amount to $14,510. It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote to authorize awarding Contract #26 for air conditioning for the City Hall to the lowest and best bidder, Anderson Electric, for Fedder units at a cost of $14,510.00 including 7 heat pumps. AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum Mr. Anderson was present and stated the air conditioning could be installed within 45 days after they receive the contract. City Manager King reported he had received a letter from Dr. Harold E. Wilkins, M.D., relating to an injury suffered by Capt. Orren C. Carlson in which he states that Captain Carlson can return to active duty no earlier than July 1, 1959. In order to maintain minimum strength of the fire com- panies, and to provide for their proper supervision and operation Mr. King recommended the approval of the following temporary appointments: James Mathes from Fire Engineer to Fire Captain Carlyle Agrelius, Fireman to Fire Engineer One additional fireman on a temporary basis It was moved by Councilman Peavey, seconded by Councilman Stamps and passed by the following vote to authorize approval of the appointment of James Mathes to fire captain, Carlyle Agrelius to fire engineer and an additional fireman on a temporary basis. AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum Mayor Giddings recognized Mr. Kenneth J. Miller of 7336 Cleargrove, Downey, who reported of 360 persons contacted on the Bluff Road Improvement pole, the results showed 321 or 82% in favor, Mr. Miller requested the circulating of petitions with the idea that the City contribute on a 50 -50 basis. Mr. Miller reported the subdivider would pay his proportionate share for the subdivisions affected. The Council instructed City Manager to inquire of the Flood Control District if they would put up any funds toward improving Bluff Road. Mr. Richard Barhite submitted an analysis of the estimated cost of the improvement of Bluff Road at $32,400.00 broken down at $25,900 for con- struction cost and $6500 for engineering. 36 It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that the Council instruct the Street Superin- tendent to prepare the necessary petitions, etc. to circulate for improve- ment of Bluff Road with the understanding that the City will contribute such amount that may be necessary so that not more than half the total cost will be borne by all the property owners. AYES: 3 Councilmen: Peavey, Temple, Giddings NOES: 1 Councilman: Stamps ABSENT: 1 Councilman: Dunnum a ORDINANCE NO. 123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3185 THEREOF, WHICH SECTION RELATES TO PARKING OF VEHICLES The ordinance 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 Stamps and passed by the following vote that Ordinance No. 123 be adopted. AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum ORDINANCE NO. 124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 3179 RELATING TO TRUCK ROUTES The ordinance 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 Stamps, seconded by Councilman Peavey and passed by the following vote that Ordinance No. 124 be adopted. AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum ORDINANCE NO. 125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 3186 RELATING TO RESTRICTED SPEED LIMITS The ordinance 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 Stamps, seconded by Councilman Temple and passed by the following vote that Ordinance No. 125 be adopted. AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum City Attorney Sorensen referring back to the Dempster Avenue Assessment District asked the Director of Public Works for the revised figures. They reflected the change of $417.38 as city contribution and the total amount to be spread as $26,260.62, reducing the assessment on Parcel #48 to $313.78. RESOLUTION NO. 419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF DEMPSTER AVENUE AND PRICHARD STREET AND RESCINDING RESOLUTION NO. 399 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 Stamps, seconded by Councilman Temple and passed by the following vote that Resolution No. 419 be adopted. AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum RESOLUTION NO. WS 144 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 ( #8884 through #9180 $582676.90) (Payroll) 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 Peavey, seconded by Councilman Temple and passed by the following vote that Resolution No. WS 144 be adopted. AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum RESOLUTION NO. WS 145 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 ( #3932 through #4028 $32S260.23) 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 Stamps, seconded by Councilman Temple and passed by the following vote that Resolution No. WS 145 be adopted. AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum City Manager King reported a request had been received by the Police Department from the Downey Junior Athletic Association for permission to hold a parade on May 16, 1959, at 12 :00 o'clock noon. It was moved by Councilman Peavey, seconded by Councilman Stamps and so ordered that permission be granted to the Downey Junior Athletic Association to hold a parade on May 16, 1959, at 12 :00 o'clock noon. City Manager King reported the work in the subdivision Tract #24446 (Brookshire & Muller) was ready for approval and release of bonds. It was moved by Councilman Stamps, seconded by Councilman Temple and so ordered to authorize final acceptance and release bonds in Tract #24446 (Brookshire & Muller). Mr. King reported that the Plans and Specifications are now com- pleted for traffic signals at the intersection of Woodruff and Washburn Crossing Road and recommended that Council approve the Plans and Specifications and authorize advertising for bids. It was moved by Councilman Temple, seconded by Councilman Stamps and passed by the following vote to authorize approval of Plans and Specifica- tions for traffic signals at the intersection of Woodruff Avenue and Wash- burn Crossing Road, and to authorize advertising for bids. r" AYES: 4 Councilmen: Peavey, Stamps, Temple, Giddings NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum Mayor Giddings presented further proof of the need of left turning signals from Florence as well as from Lakewood at the intersection of Florence and Lakewood. Chief Robinson stated that as a result of traffic checks at this point, the intersection warrants full left turn signals from both streets. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered to recommend to the State that left turn intervals be included for both directions at Florence and Lakewood, as well as at Firestone and Lakewood. Councilman Peavey suggested a study be made by the City Manager, Mr. Richard'Barhite, Director of Public Works, and Mayor Giddings of the possible extension of Stewart and Gray Road. It was recommended that the Chairman of the Planning Commission contact "Holm - Royal, Inc. and the Rheem Company regarding this possible extension. Councilman Peavey suggested the adoption of a uniform building code with some necessary changes being made. Mr. Ray Lake, Director of Building and Safety, reported progress in this direction has been made and a report will be ready for submission to Council for their approval when some structural surveys have been completed. Councilman Temple requested that the survey on the proposed Century Freeway be completed as soon as possible. Councilman Temple reported he has received a letter of resignation from Mr. Robert Looney, member of the Parks & Recreation Committee. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered to accept the resignation of Robert Looney from the Parks & Recreation Committee and that Mr. King send a letter of thanks on behalf of the City for his services and an expression of regret for his resignation. Chief of Police requested that Mayor Giddings proclaim May 3 -9, 1959 as Burglary Prevention Week. The Police Department has prepared a check list which is to be published in the newspapers as the majority of these burglaries are due to the carelessness of the citizens in their own homes, and police officers are trying to educate the public to safeguard their own homes. Chief Robinson strongly urges that all citizens follow these checks on the check list. Mr. King reported that Mr. Milani is again requesting removal of the telephone pole on his property and recommended that Council approve removal of this pole from his driveway at a cost of not more than $250. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote to authorize the City to pay for the removal of the telephone pole in Mr. Milani's driveway in consideration for a deed for the right of way with the understanding that the Telephone Company participate in the cost of removal. AYES: 3 Councilmen: Peavey, Temple, Giddings NOES: 1 Councilman: Stamps ABSENT: 1 Councilman: Dunnum Mayor Giddings reported he had received various complaints that the telephone company had refused to give citizens of Downey the City police or fire department due to the fact their telephone exchange was not a Downey exchange, oftentimes causing undue delays in reporting emergencies. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the City Manager request that the Telephone Company include in the Downey exchange all residents of Downey. Mr. King read a letter which he had previously written to Mr. Chet Baldwin of the Telephone Company outlining the complaint of one of the citizens of Downey and requesting that the Telephone Company have a sticker giving police and fire department telephone numbers placed on new telephone installations in Downey. There being no further business adjourned at 11:00 o'clock A.M. City Clerk/ to come before the Council, the meeting - ER ��� ��