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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