HomeMy WebLinkAboutMinutes-04-11-60-Regular Meetingi`:11 -()
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 11TH, 1960
The City Council of the City of Downey held a regular meeting
in the Council Chambers of the Downey City Hall at 7:30 P.M. on
Monday, April 11th, 1960, Mayor Hollis M. Peavey presiding.
PRESENT: Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
ALSO PRESENT: Oren L. King, City Manager
Royal M. Sorensen, City Attorney
Glenn Kendall, Assistant City Manager
Richard Barhite, Director of Public Works
LeGrande Leavitt, City Engineer
Ivan A. Robinson, Chief of Police
Ray Lake, Director of Building & Safety
Dan McNutt, City Planner
Della Doyle, City Clerk
Alberta Pfeiffer, Deputy City Clerk
Reverent Albert Epp of the Mennonite Church of Downey delivered the
invocation.
Mayor Peavey announced that now is the time and place for the con-
tinuation of the hearing on Benecict Avenue Improvement, A.D. #14.
The City Attorney reported that the matter had been referred to
the Director of Public Works for further studies. Mr. Barhite reported
that all except one of the property owners are in favor of the improve-
ment's proceeding in accordance with the plans as outlined previously to
the City Council.
The Mayor asked if there were any protests, written or oral. There
were none.
It was brought out by the City Attorney that previous protests
were not a majority protest.
It was moved by Councilman Temple, seconded by Councilman Dunnum and
passed by the following vote that the hearing on the Resolution of Intention
on Benedict Avenue, A.D. #14, be closed.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. 585
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND THE
CONSTRUCTION OF CURBS, GUTTERS, AND PAVEMENT, AND CON-
FIRMING THE ASSESSMENT AND ORDERING THE ACQUISITION AND
IMPROVEMENT MADE IN ASSESSMENT DISTRICT NO. 14 (BENEDICT
AVENUE)
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 Dunnum, seconded by Councilman Temple and
passed by the following vote that Resolution No. 585 be adopted.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. 586
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION
OF NECESSARY RIGHTS OF WAY AND THE CONSTRUCTION OF CERTAIN
IMPROVEMENT IN ASSESSMENT DISTRICT NO. 14 (BENEDICT AVENUE)
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 Dunnum, seconded by Councilman Stamps and
passed by the following vote that Resolution No. 586 be adopted.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Temple, seconded by Councilman Stamps and
so ordered that the minutes of the Council Meeting of March 22, 1960,
be approved as written.
The City Clerk read the following written correspondence:
A letter of commendation from Mrs. Johnnie Weddle, member of the League
of Women Voters, on the Annual Municipal Report.
^ A letter from the City of Long Beach enclosing a copy of a resolution
regarding censorship of motion pictures as adopted by its City Council and
requesting Council consideration of this matter.
After discussion, it was suggested that the City Manager, Oren L. King,
make a research and report to the Council on this matter at a later date.
ORDINANCE NO. 143
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 9102.1 OF THE DOWNEY MUNICIPAL CODE
(Planning Resolution No. 42)
The ordinance was read by title only. It was moved by Councilman
Temple, seconded by Councilman Giddings and so ordered that further read-
ing be waived.
It was moved by Councilman Temple, seconded by Councilman Giddings
and passed by the following vote that OrdinariCe: No. 143 to adopted.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
.� RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL IMPROVEMENT PLANS REQUIRED BY LOT
SPLITS #132, #133, and #138, ACCEPTING GRANTS OF ROAD
EASEMENT REQUIRED THEREOF, AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE DEVELOPER AND THE ACCEPTANCE
OF A SURETY BOND. (MANZANAR AVENUE NORTHERLY OF
CHEROKEE DRIVE)
The resolution was read by title only. No further action was taken.
RESOLUTION NO. 587
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO VACATE THE "FUTURE STREET"
EXTENDING SOUTHERLY OF MEADOW ROAD WITHIN TRACT NO.
16193
The resolution was read by title only. It was moved by Councilman
Dunnum, seconded by Councilman Giddings and so ordered that further
reading be waived.
It was moved by Councilman Dunnum, seconded by Councilman Stamps
and passed by the following vote that Resolution No. 587 be adopted.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. 588
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE ISSUANCE AND SALE OF BONDS ON ASSESSMENT
DISTRICT NO. 21 (ELM VISTA DRIVE)
The resolution was read by title only. It was moved by Councilman
Dunnum, seconded by Councilman Stamps and so ordered that further read-
ing be waived.
It was moved by Councilman Dunnum, seconded by Councilman Stamps
and passed by the following vote that Resolution No. 588 be adopted.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Temple, seconded by Councilman Dunnum and
passed by the following vote to authorize a call for construction bids on
May 9, 1960 for Assessment District #21, Elm Vista Drive.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. 589
A RESOIU TION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY -STATE PARTICIPATION AGREEMENT NO. 958
FOR TRAFFIC SIGNALS AND CHANNELIZATION AT THE INTERSECTION
OF LAKEWOOD BOULEVARD AND FLORENCE AVENUE
The resolution was read by title only. It was moved by Councilman
Giddings, seconded by Councilman Stamps and so ordered that further read-
ing be waived.
It was moved by Councilman Giddings, seconded by Councilman Stamps
and passed by the following vote that Resolution No. 589 be adopted.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. WS -192
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 ( #15889
THROUGH #16198 $69,939.61) (Payroll)
The resolution was read by title only. It was moved by Councilman
Temple, seconded by Councilman Giddings, and so ordered that further read-
ing be waived.
1_Z
It was moved by Councilman Dunnum, seconded by Councilman Giddings
and passed by the following vote to authorize employing the firm of
Burke, Williams and Sorensen to do the legal work in Assessment District
#25.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
The City Manager reported that recently the property owners on Hall
Road between Lakewood Boulevard and Woodruff Avenue have requested im-
provement of the street with the construction of curbs and gutters and
paving. The Aerojet General Corp., controlling approximately one -half of
the accessible area within a proposed district have indicated an interest
in this project and so a pettion has been prepared.
It was moved by Councilman Dunnum, seconded by Councilman Temple and
passed by the following vote that authorisation be granted to circulate
petitions for improvement of Hall Road.
AYES: 4 Councilmen: Temple, Dunnum, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
ABSTAIN: 1 Councilman: Stamps
It was reported by the City Manager that the construction of the
improvements on Tenth Street between Brookshire Avenue and Birchdale
Avenue have been completed in accordance with the plans and specifications.
It is, therefore, recommended that the work be accepted. The final con-
struction costs of the work performed under this contract with W. R. Wilkin-
son Company Inc. amounts to $10,997.42. The amount of the bid was $10,946.22.
The difference of $51.20 in these costs results from estimated figures against
an actual measured construction in the field.
.-� It was moved by Councilman Giddings, seconded by Councilman Temple and
passed by the following vote that authorization be granted for final
acceptance and filing of a Notice of Completion on Tenth Street improvements,
A.D. #18.
AYES: 5 Councilman: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Councilman Giddings commended the Engineering Department and the City
for the high caliber of contractors employed for the various city improvements.
It was reported by Mr. King that the plans and specifications for the
installation of Traffic Signals and Safety Lighting at the intersection of
Florence Avenue and Lexington & Gallatin Rd. have been completed (Cash Con-
tract No. 37). It was recommended that the City Council approve plans
and specifications and authorize the City Purchasing Agent to advertise
for bids.
After discussion and inquiries made as to the priority standing of the
installion of a traffic signal at Wiley Burke Avenue and Florence Avenue,
the matter outlined above was referred to the administration for further
study and a report to the City Council at the next regular meeting.
Mr. King advised that as part of the street preventative maintenance
program authority is requested to call fair bids for approximately 9k miles
of street resurfacing, as outlined by the Director of Public Works.
It was moved by Councilman Dunnum, seconded by Councilman Temple and
passed by the following vote authorizing approval of plans and specifica-
tions for the street maintenance program and advertising for bids.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
The City Manager stated that it is hoped that the City will be able
to double the street preventative maintenance program in the coming
year's budget. Councilman Dunnum highly commended Mr. King on the
reliability of his recommendations.
e>
Mr. King reported that at the regular meeting of the Planning
Commission held on April 6, Zone Exception Case #175 had been approved
which was a request to change an existing 45 -unit apartment into a 42 -unit
motel, to erect an additional 4 -story 92 -unit motel; a restaurant and to
provide 206 parking spaces; the use of an R -2 zones area for off - street
parking purposes; and to request an encroachment of R -2 structural uses
into an R -1 zone for a distance of approximately eight feet, the remaining
R -1 to be used for required parking.
The City Attorney reported that considerable study has been done by
the property owners within the area over a period of several weeks and
all had had an opportunity to review the areas of protection of the
residences in R -1 zone, traffic use, and that a requirement of the exception
was that a concrete wall be constructed for the protection of those property
owners on Fontana Street. Mr. Sorensen, City Attorney, stated it did not
appear to the Planning Commission that there would be any opposition.
It was moved by Councilman Dunnum, seconded by Councilman Temple and
passed by the following vote that inasmuch as Zoning Exception #175 has
considerable merit, the City Attorney shall be directed to prepare a
resolution setting a date for a public hearing.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
The City Manager reported that the Department of Public Works is
presently in the process of filling and leveling the City lot on Firestone
Boulevard in anticipation of its being developed as a spot of beauty
within the Civic Center area, and that a Camellia Association has offered
to furnish plants for this site in return for the privilege of displaying
a modest sign depicting "All America Camellia Selections ". In order to
complete the development of the property with surfacing for walkways and
benches it is estimated that the following work would be required:
a. Surfaced area - walkways and rest areas $300.00
b. Lawn and planting areas (with header board and water
lines 300.00
Total site development $600.00
In addition to the above described site development, the cost of
acquiring a park bench and chairs would be approximately $300.00 or
$400.00. This item could be delayed until the next fiscal year when
funds can be budgeted for this specific item.
The Department of Public Works is assuming the costs of the improvements
under its current budget and authority will be granted for them to proceed
with the work if there are no objections.
It was moved by Councilman Temple, seconded by Councilman Giddings
and passed by the following vote to authorize proceeding with the Civic
Center Development.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
The City Clerk reported that the lease agreement as previously authorized
between the Downey Elementary School District and the City of Downey for use
of building space is ready for signing and has been approved by the City
Attorney.
8 _kG
It was moved by Councilman Giddings, seconded by Councilman Temple
and passed by the following vote to approve the lease agreement between
the City of Downey and the Downey Elementary School District and
authorizing the Mayor to sign on behalf of the City.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
^— It was reported that invoices have been received from the County
Engineer's office for engineering costs in improvement districts started
in the City of Downey before incorporation but abandoned due to more than
50% protests. Because the District proceedings were abandoned, the engineer-
ing costs must be absorbed by the City; however, the City does have the
engineering previously completed for future use in connection with these
projects. There are no funds currently budgeted for these costs and it is,
therefore, recommended that authority be given to transfer $8,085.14 from
the Tax Anticipation Reserve Fund to Account No. 9 -4010 -162, Contract
Engineering, to bring these past -due engineering costs up to a current
status.
It was moved by Councilman Temple, seconded by Councilman Giddings
and passed by the following vote that the following transfer of funds be
authorized:
Amount From To Account Number
$8,085.14 Tax Anticipation Reserve Fund 9 -4010 -162
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
The City Attorney advised that it was advisable to require 60% to 70%
of property owners' signatures on petitions for assessment districts within
the City to assure that a majority would not protest it out at a later
date. The Department of Public Works reported that we had not accepted
any less than 60 %.
The City Manager reported that it has been requested by the Fire
Department to transfer $410.00 for purchase of more radio equipment and
non - structural improvements to Account No. 1- 3530 -627, for the purchase of
special fire equipment.
It was moved by Councilman Giddings, seconded by Councilman Temple
and passed by the following vote that the following transfer of funds be
authorized:
Amount From To Account Number
$170.00 1- 3530 -654 1- 3530 -627
140.00 1- 3530 -691 "
100.00 1- 3530 -699 "
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was reported by the City Manager that in response to a request from
�. the City Council at the last meeting, proceedings are being instigated
against fourteen property owners of abandoned vacant buildings which may be
classified a "public nuisance" under the State Housing Code as well as the
City of Downey Uniform Building Code. Ray Lake, Director of Building &
Safety Department, gave a detailed report and showed pictures of examples of
some of the abandoned buildings and stated that proceedings were initially
instigated against 15, with two permits subsequently being issued for their
removal. Owners of 9 of the other 13 buildings posted have promised action.
The other two appear that they will present problems. Ninety days'
notice has been given to the owners that if no action is taken, the
matter will be referred to the District Attorney.
It was recommended by Councilman Dunnum that a final letter be
directed to the owners of these abandoned properties stating that
certain steps are required and if the requirements are not met, the
Director of Building and Safety shall take necessary actions.
The City Manager requested Council approval for the week of
April 11 through 15 as vacation.
It was moved by Councilman Giddings, seconded by Councilman Temple
and so ordered that vacation be approved as requested by Mr. King.
The City Manager reported that the zoning ordinance is nearing
finalization and it is hoped that within 30 days or more it may be
presented to Council for approval.
The Finance Director was asked to report on the banking facilities
being used for City funds.
Mr. Kendall stated that he will present a full report at the next
Council Meeting on what the practice is now, what has been accepted
before, why there are certain limitations and what can be done to
alleviate.
Councilman Dunnum stated that in the 3� years since the present
Council had the honor of being sworn in as the City's first City Council,
he has known of no other experience in his entire life that has been so
enriching and that he would like to see Councilman Stamps who would be
retiring from the Council body, honored for his fine service to the City.
A unanimous motion that Councilman James L. Stamps be appointed,
^� nominated or installed Councilman Emeritus, effective as of the end of
his term of office, was passed and the City Clerk instructed to cast a
unanimous ballot.
Councilman Giddings stated that he felt a plaque in honor of the
service rendered by Mr. Stamps to the City of Downey for him to hold and
cherish, should be presented to Mr. Stamps.
It was recommended that the City Manager see that the plaque as
suggested by Councilman Giddings be made up forthwith.
Councilman Dunnum inquired about the water contrpct that had been
submitted to the City Attorney for investigation and study. The City
Attorney advised the Council that he finds no objection to the general
form and substance though there may be some question as to some of the
details of the contract, and that the Park Water Company's attorney
is proceeding with further steps. The general effect of the contract
is not ready for signature.
Councilman Dunnum also inquired about the extension of Stewart &
Gray Road to Woodruff Avenue, and then on to Firestone Boulevard.
The City Manager stated appraisals seem to be causing quite a com-
plication but he hopes to have the report for the next Council Meeting.
The City Attorney reported that he had several meetings on this
matter and should be able to report at the next meeting regarding the
appraisals.
Councilman Dunnum indicated that since the problem of extending
Stewart & Gray to Firestone Boulevard is so unique, a presentation of
the problem to the State and the County of Los Angeles might bring them
to participate at a much greater extent as an alternate to Firestone.
It was suggested that a letter be drafted to State and County outlining
the primary routes for study of the City Council.
"3_1.8
It was moved by Councilman Dunnum, seconded by Councilman Temple
and passed by the following vote that the administration be authorized
to contact the County of Los Angeles and the State of California
relative to the acquisition of possible funds from those two sources to
extend Stewart and Gray Road from Woodruff Avenue to Firestone Boulevard,
and that Stewart and Gray Road be designated a street of major importance
as an alternate to Firestone Boulevard.
AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Councilman Giddings remarked that he felt there should be more said about
the financial status of the City and that it is to the credit of the City's
administration that the City of Downey is in the good financial status at
the beginning of the last quarter of this fiscal year. He commended the
City Administration and Department Heads on the job they are doing.
Councilman Stamps thanked the Council for their action in naming him
Councilman emeritus and stated that it had been a pleasure knowing them and
working with them. They had done remarkably well the last 32 years and had
kept taxes down as promised; they had given the citizens of Downey a good
City. He is very proud of what has been accomplished during the last 3
years and hoped that the Council will continue to be as good a group. He
regrets very much that he must take a leave and he will do everything that
he can to assist in keeping Downey a good city.
Mayor Peavey introduced James Brown, Daniel Taylor and Clarence Murphy,
candidates for Council, with the exception of the latter who had withdrawn
and was out of the running.
Daniel Taylor wished to congratulate the Council on its action in
honoring the City's first Mayor.
Mr. Fred Dodge stated he thought the Council the best, no matter who
it might have been, they could not have done a better job than the present
City Council and added that all their predictions have been made to come true.
He added that the City is losing a most valuable man in James Stamps.
The City Manager stated the fine comments are sincerely appreciated.
The City Clerk appointed the Council to act as the committee to canvass
absentee ballots. At the time of canvassing, the City Council will declare
itself to be the body to canvass the absentee ballots, which will take place
at 8:00 A.M. on Tuesday, April 19, 1960.
It was moved by Councilman Temple, seconded by Councilman Giddings and
so ordered that the meeting be adjourned at 9:30 o'clock P.M. to 7:30 o'clock
P.M.; M o nday evening, April 18, 1960, in the Council Chamber of the Downey
City Hall.
Mayor