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HomeMy WebLinkAboutMinutes-03-08-60-Regular Meeting7I 0r MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 8TH, 1960 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, March 8th, 1960, Mayor Hollis M. Peavey presiding. PRESENT: Councilmen: Temple, Dunnum, Stamps,Giddings, Peavey ALSO PRESENT: Oren L. King, City Manager Glenn Kendall, Assistant City Manager Royal M. Sorensen, City Attorney Richard Barhite, Director of Public Works Lee Leavitt, City Engineer Robert Gain, Fire Chief Ivan A. Robinson, Chief of Police William Goggin, Assistant City Planner Della Doyle, City Clerk Alberta Pfeiffer, Deputy City Clerk The Mayor announced that now is the time and place for the continua - tion of the hearing on the debt limit report for Stamps Avenue A.D. #24. The City Attorney stated that there are actually two hearings which have been continued on the Stamps Avenue improvement, the other being on the resolution of intention, adding that it is his understanding that there are still discussions between the property owners and the Public Works Department regarding further changes in the work to be done. The City Clerk read a petition requesting deletions of Vista Del Rio Avenue, Stoakes Avenue and Downey Avenue in order to lower the construction costs within the Stamps Avenue improvement A.D. #24, which was signed by property owners representing nine parcels. It was moved by Councilman Temple and so ordered to receive and file the petition on Stamps Avenue A.D. #24. It was moved by Councilman Temple, seconded by Councilman Giddings and passed by the following vote to continue the Debt Limit hearing on Stamps Avenue improvement, A.D. #24, to April 26, 1960, at 8:00 o'clock A.M. in the Council Chamber of the City Hall. AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 0 Councilman: None It was moved by Councilman Giddings, seconded by Councilman Stamps and passed by the following vote to continue the hearing on the Resolution of Intention in Stamps Avenue improvement, A.D. #24, to April 26, 1960, at 8:00 o'clock A.M. in the Council Chamber of the Downey City Hall. AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 0 Councilman: None It was moved by Councilman Temple, seconded by Councilman Giddings and so ordered that the minutes of the meeting of February 23, 1960, be approved as written. The City Clerk read the following written correspondence: A letter directed to Harold Durham, Traffic Engineer, from Downey South Junior High School P.T.A. thanking for aid in the recent additional safety features installed at Imperial Highway and Verdura Street. 7 A letter of thanks directed to Mr. DeSio for donation of trees and an invitation to attend their tree planting ceremony from Earl Warren High. A notice of the League of California Cities meeting Thursday, March 17, 1960, in Torrance at 7:15 P.M. at the Jump'N Jack Restaurant. A letter from the president of the Downey Junior Woman's Club in- quiring about the status of a request made by them last year regarding a Youth Center for Downey. It was suggested that the City Manager direct a letter to the Woman's Club advising them that the matter of a Youth Center will be studied along with the overall planning program within the near future. A letter from Mr. James P. Gillespie with reference to holding all council meetings in the evening. A letter from Block, Toler, Bulloch & Biggerstaff, Attorneys at Law, asking Council's opinion on the possibility of the Hollydale Post No. 723 of the American Legion withdrawing from the City of Downey and being annexed by the City of South Gate. It was moved by Councilman Temple, seconded by Councilman Giddings and so ordered that the matter be referred to the City Manager and Depart- ment Heads for investigation and report. A letter from Governor Brown in reply to the letter from Mayor Peavey concerning legislation relating to pedestrian malls. The governor indicated the subject has been included in the call for the Special Session of the Legislature. A letter from the Wilmington Community Sing Chairman commending Miss Patti Jo Allen and the "Downey Debs" who appeared at the weekly sing on February 29. The City Clerk informed the City Council that the case of Tilden W. Johnson vs. Southern Pacific Railway and City of Downey had been settled in the City's favor. The City Clerk informed the City Council the mutual aid agreements as previously approved are ready to be signed and requested authority for the Mayor to execute. The City Attorney reported that he had checked them and the agreements were all in order. It was moved by Councilman Giddings, seconded by Councilman Temple and passed by the following vote that the contracts for mutual aid be approved and the Mayor authorized to sign the agreements. AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 0 Councilman: None The City Clerk read a letter of appeal to Zone Exception Case #168, (Sammartano) which had been received with the required $50 deposit. Nine property owners had signed the petition of appeal. After discussion, it was moved by Councilman Giddings, seconded by Councilman Dunnum and passed by the following vote that a hearing be set before the Council on Zone Exception Case #168 at 7:30 P.M. on Monday, April 18, 1960, in the Council Chamber of the Downey City Hall. AYES: 5 Councilmen: Temple, Dunnum, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None 713 The City Attorney requested that the City Clerk be designated to present the resolutions and ordinances in the future. Councilman Dunnum asked to be excused from Council at 9:00 A.M. ORDINANCE NO. 141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2100 OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTION RELATES TO THE TIME OF THE COUNCIL MEETING The ordinance was read by title only. It was moved by Councilman Temple, seconded by Councilman Giddings 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. 141 be adopted. • AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum ORDINANCE NO. 142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 6227.1 and 6253 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO BUSINESS LICENSES The ordinance was read by title only. It was moved by Councilman Giddings, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Giddings, seconded by Councilman Stamps and passed by the following vote that Ordinance No. 142 be adopted. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum RESOLUTION NO. 579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CON- VENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR STREET PURPOSES, AND RESCINDING RESOLUTIONS NO. 528 AND NO. 578 (FLORENCE AVENUE) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Giddings and so ordered that further reading be waived. It was moved by Councilman Giddings, seconded by Councilman Stamps and passed by the following vote that Resolution No. 579 be adopted. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum RESOLUTION NO. 580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING RESOLUTION NO. 527 AUTHORIZING THE ACQUISITION OF CERTAIN RIGHTS OF WAY ON FLORENCE AVENUE The resolution was read by title only. It was moved by Councilman Giddings, seconded by Councilman Temple and so ordered that further reading be waived. 19 7 It was moved by Councilman Temple, seconded by Councilman Stamps and passed by the following vote that Resolution No. 580 be adopted. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum RESOLUTION NO. 581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING CERTAIN WEEDS GROWING UPON AND CERTAIN REFUSE AND RUBBISH UPON CERTAIN LANDS WITHIN THE CITY OF DOWNEY TO BE A PUBLIC NUISANCE The resolution was read by title only. The City Manager reported that the City will do the work with rented equipment and hoped not only to save, but to do a better job on this project this year. It was sug- gested that the City Manager explore the possibility of rental of equip- ment from other cities. It was moved by Councilman Temple, seconded by Councilman Giddings and so ordered that further reading be waived. It was moved by Councilman Giddings, seconded by Councilman Temple and passed by the following vote that Resolution No. 581 be adopted. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: Q Councilmen: None ABSENT: 1 Councilman: Dunnum RESOLUTION NO. 582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE CITY TRAFFIC ENGINEER TO CHANGE THE STOP SIGN AFFECTING TRAFFIC CONTROL AT THE INTERSECTION OF GLENCLIFF DRIVE AND RIVERGROVE DRIVE 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. It was moved by Councilman Stamps, seconded by Councilman Temple and passed by the following vote that Resolution No. 582 be adopted. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum RESOLUTION NO. WS -188 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 ( #15240 THROUGH #15565 $64,002.17) (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. It was moved by Councilman Temple, seconded by Councilman Stamps and passed by the following vote that resolution No. WS -188 be adopted. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum 7,9 RESOLUTION NO. WS -189 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 ( #6396 THROUGH #6535 $32,812.78) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Giddings and so ordered that further reading be waived. It was moved by Councilman Giddings, seconded by Councilman Temple and passed by the following vote that Resolution No. WS -189 be adopted. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Dunnum The City Manager reviewed the action taken earlier this month when the members of the City Council inspected the sidewalk constructed by the Boddum Construction Company on Dempster Avenue in A.D. #42 extending northeasterly from Downey Avenue. This inspection was made to determine the extent to which the sidewalk did not conform to the previously approved plans and specifications. It had been the feeling of the Council that short of removing and reconstructing the sidewalk, a reduction in the amount to be paid for the work would offset the defects in the otherwise structurally sound sidewalk. After further conference with the Director of Public Works it is recommended that the Council authorize payment to the Contractor for the above project with a 10 percent adjustment to cover the defects as outlined above. Costs of the entire project are $3594.50 which would result in a reduction of $359.45 from the final payment. It was moved by Councilman Temple, seconded by Councilman Stamps and passed by the following vote to authorize acceptance of Dempster Avenue sidewalks, A.D. #42, and payment of the bill presented by the contractor in the amount of $3235.00. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum The City Manager reported that the contractor, W. R. Wilkinson Co., Inc., for Tenth Street improvements, A.D. #18, has requested an extension of time because of delays resulting from weather conditions and from delays by utility companies. It was moved by Councilman Temple, seconded by Councilman Giddings and passed by the following vote to grant an extension of ten days to the contractor for the Tenth Street improvements, A.D. #18. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum The City Manager reported that the work has been completed on Brookshire Avenue under Contract #15, with a final price of $19,035.88 compared to the �. bid price of $16,609.38. Additional expenditures are accounted for by extra work requested on Stewart and Gray Road and at additional locations on Old River School Road previously approved by Council. It was recommended that the City Council accept the work under this contract and authorize final payment. It was moved by Councilman Temple, seconded by Councilman Stamps and passed by the following vote to accept the work under Contract No. 15, Brookshire Avenue, et. al, to authorize payment to the contractor, and filing Notice of Completion. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum The City Manager reported work has been completed under Private Contract #5301 for sanitary sewers located in Foster Road betweal Woodruff Avenue and Faust, and is offered flax dedication for public use. It was moved by Councilman Stamps, seconded by Councilman Temple and passed by the following vote to accept the sanitary sewer under P.C. #5301 for public use. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum The City Manager reported that in compliance with the suggestion of the members of the City Council he attended the Downey Elementary School Board Meeting on Tuesday night, February 23, to discuss the purchase of the 175 feet (approx.) on Second Street by 152 feet (approx.) on Brookshire, as recorded on page 541 of Book D413 under date of March 27, 1959. Members of the School Board indicated their interest in selling this to the City and stated it had been their intent that if this were not used for school purposes, it should revert to the City for the civic center. They suggested that an equitable formula of purchase be prepared by the School Superintend- ent and the City Manager to be presented to them at their next meeting on Tuesday night, March 8. The following recommendation is suggested. Based upon three appraisals; the value of the parcel of property in July of 1958 was set at $35,444, which was deleted from the purchase price of the entire block. In checking with various real estate people, it was suggested that a 10 percent increased valuation be added to this figure which would bring the purchase price to $38,988 at this time. The Elementary School Board has requested that they be permitted to occupy their present quarters in the City Hall until July 1, 1961. This constitutes the rental of 8479 square feet at 6fi per square foot per month which was the price agreed upon by both the School Board and the City Council when the City was renting from the School District and later when the School District started renting from the City. This rental formula amounts to $508.74 per month which totals $8,139.84 for the 16 months period from March 1, 1960 to July 1, 1961. It is suggested that this amount be deducted from the purchase price leaving a cash settlement in the amount of $30,848.16 Councilman Giddings suggested that inasmuch as the appraisal value was increased 10 %, he felt the rental should also be increased 10 %. The City Manager also reminded the Council that at the time the air conditioning units were installed last year, 8 units had been installed in the offices occupied by the Downey City School District and that these units were to be purchased by the City from them for the amount of $1236.00. After discussion, it was moved by Councilman Giddings, seconded by Councilman Temple and passed by the following vote to authorize the purchase of the land on Brookshire and Second Street from the Downey City School District for the sum of $38,988.00, said sum to be paid from the Tax Anticipation Reserve Fund, and the payment to be as follows: 1. That the sum of $8,953.82, being the rental due from the School District for the period from March 1, 1960, to July 1, 1960, be deemed to be fully paid and the amount thereof subtracted from the purchase price due. 7.3.9 2. That the balance of said sum, being $30,034.18, be deposited in escrow to be paid to the Downey City School District at the close of escrow; that the City Manager be authorized to enter into an escrow for the purchase of said property in said manner and said escrow to provide that the money shall be due and payable at such time as a deed conveying the title to the property is in the hands of the escrow holder, and that also there be on deposit with the escrow holder a standard form of title policy insurance showing the title to said land vested in the City of Downey free from all liens, covenants, conditions, restrictions or other encumbrances except those specifically approved in writing by the City. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum It was moved by Councilman Temple, seconded by Councilman Giddings and passed by the following vote that the current rental agreement between the City and the Downey City School District be amended to read that for the period from March 1, 1960 to July 1, 1961, the rental to be paid by the Downey City School District to the City of Downey for that portion of the property located at 8419 E. 2nd Street and occupied by said School District be .066 per square foot. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum It was moved by Councilman Giddings, seconded by Councilman Stamps and passed by the following vote that the City of Downey shall purchase from the Downey City School District those air conditioning facilities located in that portion of said building located at 8419 E. 2nd Street, Downey, now occupied by said School District, for the sum of $1,236.00 based upon the District's vacating such premises on June 30, 1961; that the sum of $1,236.00 be paid from the Tax Anticipation Reserve Fund at the time of purchase of the above land. AYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum The City Manager stated he wished to commend Linda Farrell, student at Downey Senior High School, for not only being chosen Junior Governor of the State but for being the first girl so honored. The City Council author- ized the Mayor to send a letter of congratulations to Miss Farrell. It was moved by Councilman Giddings, Seconded by Councilman Temple and so ordered that an invitation be extended to Linda Farrell and her representatives to come to a Council Meeting and tell about her experiences as the first girl governor. James Gillespie, 7214 Cleargrove Street, Downey, asked that Council consider holding all meetings in the evening, as outlined in his letter to the City Council which had been read earlier in the meeting. Ray Goates, 12540 South Rives, Downey, of the Park and Recreation District outlined the sports program carried on throughout the City and reported more space is needed for the sports leagues. A plan illustrating the proposed improvement of the Rio San Gabriel Park was shown to Council which included sports lighting and parking facilities. The estimated cost of this improvement is $40,000 of which the Park District can support 50 %. It is anticipated the work can be completed by May 16, 1960, if necessary funds can be obtained. The assistance of the City was requested from, if possible, this year's finances, and to consider a plan for the future to assist the Park and Recreation District. The matter was referred to the City Atto m ey to investigate if it is proper for.the City to assist the Park District in this matter inasmuch as the improvements are on County owned land. The City Attorney requested permission to attend the spring workshop for City Attornids, through the League of California Cities to be held April 25 and 26 at Monterey, with expenses allowed not to exceed a reason - abh amount. It was moved by Councilman Temple, seconded by Councilman Stamps and passed by the following vote to grant authority for the City Attorney to attend the spring workshop for City Attornies April 25 and 26 in Monterey, with reasonable expenses allowed. RYES: 4 Councilmen: Temple, Stamps, Giddings, Peavey NOES: 0 Councilmen: None ABSENT: 1 Councilman: Dunnum Councilman Stamps expressed his thanks for the interest in his welfare during his illness and stated he was glad to be back with Council. He was excused from the meeting at 9:50 A.M. Councilman Temple inquired about the bus system. Mr. King reported the system seems to be working very well on one route and that a complete report will be submitted sometime in April. Councilman Temple asked if lights at the entrances to the tract in the Smallwood area were going through as planned. The Director of Public Works reported this lighting will be installed as planned. Councilman Giddings inquired about the investigation of the Park Water Company and also what the status is on the Downey County Water District matter. The City Attorney reported that all initial briefs and answering briefs had been submitted the latter part of November and that it usually is a matter of 90 days or so before decisions are reached on matters of this type. The matter rests with the Attorney General and Mr. Sorensen advised if no word is received from him within the next few days, he will follow up with a telephone call. Concerning the Park Water Company matter, the City Attorney reported that he had discussed it with Mr. Roe who had submitted the form of the documents which might be used for the City's entering into an agreement to make preliminary investigation, and a form of agreement which might be entered into provided the City might decide to purchase the water company, which forms were received only last week and had not enabled him to review them completely; therefore the City has not been in a position to investigate. Mr. King stated he will call Mr. Roe, then talk with Mr. Sorensen and call a meeting of the finance and water committees. Mr. Sorensen was instructed to discuss the matter of the Downey County Water Company with the City Manager with possibly a follow -up telephone call being made to the Attorney General. The Mayor presented the City Manager, Oren L. King, with a certificate of merit for his fine work toward the progress of the City of Downey. It was suggested by the Mayor that the schools be invited to estab$sh a "Youth in Government Day" when the students could take over the offices of the City, and that the City Manager contact the two high schools. Approval of a proclamation setting forth Public Health Week, March 21 -26, was requested and it was moved by Councilman Temple, seconded by Councilman Giddings and so ordered to proclaim Public Health Week as requested. There being no further business to come before the Council, the meeting adjourned at 10:10 A.M. City Cle,Rk Mayor