HomeMy WebLinkAboutMinutes-12-11-61-Regular Meeting0_11
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
DECEMBER 11TH, 1961
The City Council of the City of Downey held a regular meeting in the
Council Chamber of the Downey City Hall at 7:30 P.M., December 11th, 1961,
Mayor Scott E. Temple presiding.
PRESENT: Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
ALSO PRESENT: Oren L. King, City Manager
Glenn Kendall, Asst. City Manager- Director of Finance
Royal M. Sorensen, City Attorney
Sherman Griselle, Director of Planning
Lee Leavitt, Acting Director of Public Works
Robert Gain, Fire Chief
Ivan A. Robinson, Chief of Police
Ray Lake, Director of Building & Safety
Edwin Powell, Deputy Director of Civil Defense
Della Doyle, City Clerk
Alberta M. Pfeiffer, Deputy City Clerk
The Mayor announced that now is the time and place set for the public
hearing on Zone Change Case #72. Mr. Griselle gave a brief resume of the case.
Mayor Temple asked if Mr. Caldwell was present to present his case.
Mr. Caldwell, 9121 Irwingrove Street, stated he feels it would be in conformity
with good planning for the City of Downey to grant this zone change.
The Mayor asked the City Clerk if she had received any written correspond-
ence on this matter. The City Clerk replied she had not.
Mayor Temple then inquired if there was anyone wishing to speak in
opposition. Mrs. Betty Estes, 11827 Pomering Road, Downey, stated she has no
objections to this development on the property in question, provided it is kept
to a minimum of one - story, single dwellings.
It was moved by Councilman Peavey, seconded by Councilman Giddings and so
ordered that the hearing on Zone Change Case #72 be closed.
It was moved by Councilman Peavey, seconded by Councilman Skinner that the
appeal be approved and the matter referred to the Planning Commission for its
report back to Council. Motion carried by the following vote:
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was announced by Mayor Temple that this is the time and place set for
the hearing'on Zone Exception Case #246 relative to an appeal filed by
Mrs. Eugene Baldoni, Jr. A report on the matter was given by Mr. Griselle.
Mr. Eugene Baldoni, Jr., 10314 Haledon Street, Downey, then presented the appellant's
reasons for the appeal. He briefed the five points contained in Section 9130.2
of the Zoning Ordinance which should be met in order for a zone exception to be
granted, citing his opinion as to the failure of this case to meet these particular
requirements. Also stressed by him was the parking problem and failure to meet
with the requirements of Sections 9119.8 of the Code, whereby parking should be
provided for 50% of the volume of the building. He also mentioned that the
property owners constantly brought out that Florence Avenue is not a residential
property and houses cannot be built there.
Mr. Henry Gotzenberg,.10238 Clancey Avenue, Downey, stated he had fore-
gone a special study on Florence Avenue in favor of having Mr. Gordon Whitnall
work on a master plan for the City of Downey and had subsequently attended
Council Meetings at which spot zoning was considered in certain areas. He
stated he definitely is against CH zone change.
Mr. Wayne Sadler, 9131 Baysinger; J. W. Huber, corner of Via Amorita and
Haledon; Mrs. Paugh, 9080 Otto Street; Bruce Myers, 9051 Via Amorita;
Bob Brazleton, 10029 Birchdale also spoke in favor of the appellants.
Leslie Olson, 10002 Tristan Drive, spoke as representative of the applicant
in this case, stating that Florence Avenue is a major highway, three corners of
which at this particular location are commercial, and that applicant is merely
asking for the best use for this piece of property.
Also speaking for the opposition and in favor of the zone change were
Morris Brown, 1019 Carroll, Los Angeles 69, California, who hopes to build the
building; Myra Julian, 9908 Casanes; Harold Tredway, 9357 Guatemala; Robb Nimmo,
9150 E. Florence; Jim Strayer, 10242 Lakewood Boulevard.
Speaking in rebuttal for the appellants were Mr. Gotzenberg and Mr. Baldoni.
It was moved by Councilman Peavey, seconded by Councilman Giddings and so
ordered that the hearing on Zone Exception Case #246 be closed.
It was moved by Councilman Peavey and seconded by Councilman Corbin that
the appeal be denied and the decision of the Planning Commission be upheld.
Councilman Giddings stated that he feels there should be no encroachment
on highly developed residential areas of commercial developments until the other
properties have been filled up. He added that he feels the City has reached a
point where it should declare a moratorium on major zone changes except where it
can be proved it is a personal hardship of some kind. He feels the timing is
poor and that this type of development should be done elsewhere until it can be
proved that the City of Downey will suffer unless it is put on this particular
corner. He is against denying the appeal at this time and feels the City
should wait until there is a master plan.
Mayor Temple called for the vote on the motion stated move.
AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple
NOES: 1 Councilman: Giddings
ABSENT: 0 Councilmen: None
It was moved by Councilman Peavey, seconded by Councilman Skinner and so
ordered that the minutes of the meeting held on November 28, 1961, be approved as
written.
The City Clerk reported the following correspondence:
(1) A letter from the U. S. Treasury Department relative to tax relief for
fallout shelters.
(2) A letter from Governor E. G. Brown acknowledging the resolution from
the City of Downey relative to oppostiion to commercialized gambling.
(3) A'letter from Burke, Williams & Sorensen regarding the code sections
relating to operation of the Library and setting up of the Library Advisory Board.
(4) Letters from Mrs. Maude Gibbons, Frances Smiley and Dr. & Mrs. Paul E.
Travis commending the Council on their decisions made regarding the library shelf.
(5) A letter of appeal from Olson & Sullivan in Lot Split #219.
Mr. Fred Olson, 15126 Rosecrans, La Mirada, stated he represents Streety,
Beverly and Wells and that the property which formerly had one ownership
but three deeds, is now under three separate ownerships. It was estab-
lished that in the Dempster Assessment District, of which these three lots
were affected, were handled as separate assessments for separate sewer lines
run to each property.
It was moved by Councilman Skinner, seconded by Councilman Peavey and so
ordered that the matter be taken under submission for a field trip and report
at the next Council Meeting.
(6) A letter of appeal to Zone Change Case #76, 8041 Florence Avenue.
It was moved by Councilman Giddings, seconded by Councilman Corbin and
so ordered that a hearing on Zone Change Case #76 be set for 7:30 P.M.,
January 8, 1962, in the Council Chamber of the Downey City Hall.
(7) A quarterly financial report from the Downey Mixed Chorus.
(8) A letter from the Downey Chamber of Commerce, outlining their seven-
point-program for the coming year and emphasizing the importance of proceeding
with the proposed auditorium and community facilities building.
(9) A letter regarding Zone Change #53 from Mr. Wendell Wiser, which case
had been taken under submission since August 1960, was read in full by the City
Clerk.
Mr. Griselle was asked to give a report of the Planning Commission's
action. It was reported by him that hearings were set on this case to run con-
04 currently with the hearings on the Master Plan, which will not be complete and
ready for hearings until July 1, 1963.
Councilman Peavey stated he sees no reason to wait for the Master Plan on
this particular section and still feels there is no need to wait, urging that
the Planning Commission give this matter consideration at this time.
Mr. Griselle stated there had been a tight schedule set up for the prep-
aration of the Master Plan and to have any kind of special study would set back
this time schedule, delaying the completion of the plan approximately six months.
Councilman Skinner stated he would like to be briefed by the Planning
Department as to the progress of the Master Plan. It was suggested by Mr. King
that a meeting with the Planning Commission, Mr. Whitnall and Council be ar-
ranged to see just where the Master Plan has progressed at this time.
The City Manager was directed to arrange such a meeting for the 20th of
December, if possible, or sometime early in January.
RESOLUTION NO. 911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT BY THE MAYOR OF A MEMBER TO
THE PLANNING COMMISSION
The resolution was read by title only. It was moved by Councilman Peavey,
seconded by Councilman Giddings and so ordered that further reading be waived.
It was moved by Councilman Peavey, seconded by Councilman Giddings and
passed by the following vote that Resolution No. 911 be adopted.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
fry < P4.
RESOLUTION NO. 912
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
COMMENDING GLENN KENDALL, ASSISTANT CITY MANAGER,
DIRECTOR OF FINANCE, PERSONNEL DIRECTOR
.� The resolution was read in full by Mayor Scott E. Temple. It was
moved by Councilman Peavey, seconded by Councilman Giddings and passed by
the following vote that Resolution No. 912 be adopted.
AYES: 5 Councilmen: Corbin, Giddings, peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mayor Temple presented the resolution to Mr. Kendall with congratulations
and best wishes for success in his new appointment.
Mr. Kendall stated that it has been a tremendous five years that he has
spent with the City of Downey and he won't forget it for a long time as it is
something that happens only once in a lifetime to have the privilege to help
set up a city like Downey. He is looking forward to his new position with
mixed emotions for it has been a pleasant experience working with the Council
and personnel of Downey.
Mr. King commended Glenn on his wonderful assistance and the pleasure of
working with him. Council also congratulated Mr. Kendall on his new position
and stated that Downey's loss is LaMesa's gain.
Mr. Hollis Stewart, Chairman of the Civic Center Committee, was called
upon to present a report on the progress of continued studies relative to
various methods of financing the proposed civic auditorium and community
facilities building. Financial reports of comparative costs for these facili-
ties through general obligation bond issue as compared with lease - option financ-
ing had been furnished Council. The related costs indicate a difference of
approximately $130,000 if both of these programs were fully amortized over the
25 -year period. However, the investment experts advised that the callable
feature after ten years provided the means through which the City might reduce
the cost through the lease - option arrangement below those of general obligation
bonds.
Mr. Stewart reported the various committees studying this project have
found there is a definite need and desire for a civic auditorium in the City of
Downey.
Mr. King recommended that the Council accept the recommendation of the
committees to adopt the lease- option program and authorize the firm of Robert E.
Schweser to proceed with the presentation of the necessary documents at an
early date.
Mr. Garstang, head of the Civic Affairs Committee of the Downey Realty
Board stated that such an important matter should not be taken out of the hands
of the voters.
The City Attorney was asked to explain the lease and option program and
the general obligation bond, As a measure on the ballot, the general
•—� obligation bond issue, informed the attorney, would require a 2/3 majority of
the vote of the people; whereby the lease and option plan would merely be an
advice to the Council of the desire of the people which could work as a guide
to Council as to their subsequent action.
Councilman Skinner requested that the Unified School District submit to
Council a resolution recommending their support on this issue.
It was moved by Councilman Skinner, seconded by Councilman Peavey and
passed by the following vote that the Council accept the recommendation of the
Civic Center Committee and Finance Advisory Committee and authorize the firm of
Robert E. Schweser to proceed in preparation of documents which will be
submitted to the City Council for its action in order that the program can be
initiated, and so that the Council would have before it, specific information
relative to submitting the matter to the vote of the people if such means of
financing appears feasible.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. WS -273
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 ( #12352 -
#12732 $96,895.14) (Payroll)
The resolution was read by title only. It was moved by Councilman Corbin,
seconded by Councilman Giddings and so ordered that further reading be waived.
It was moved by Councilman Corbin, seconded by Councilman Giddings and
passed by the following vote that Resolution No. WS -273 be adopted.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. WS -274
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 ( #4419 -
# 4532 $92,851.92)
The :resolution was read by title only. It was moved by Councilman Corbin,
seconded by Councilman Giddings and so ordered that further reading be waived.
It was moved by Councilman Giddings, seconded by Councilman Corbin and
passed by the following vote that Resolution No. WS -274 be adopted.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
After a summation of bids for Cash Contract #65, Dalen Street improvements,
it was moved by Councilman Corbin, seconded by Councilman Skinner and passed by
the following vote that the bid be awarded to the lowest and best bidder,
A. J. Beinschroth, in the amount of $13,698.64, subject to the acquisition of
right of way,_and that all other bids be rejected.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
After a summation of bids on Cash Contract #75A, Public Works Yard paving,
it was moved by Councilman Corbin, seconded by Councilman Giddings and passed by
,^ the following vote that the contract be awarded to the lowest and best bidder,
Sully- Miller Contracting Co., in the amount of $4,584.90, and that all other bids
be rejected.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
JL�lar a._ JC
It was moved
and passed by the
approved:
AMOUNT
by Councilman Corbin, seconded by Councilman Giddings
following vote that the following transfer of funds be
FROM ACCOUNT NO.
TO ACCOUNT NO.
Public Works
$1,081.30 691 9- 3530 -672
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
After a summation of bids on A.D. #57, Hall Road improvements, it was
recommended that the bid be awarded to the lowest and best bidder, Sully- Miller
Contracting Co., in the amount of $18,127.30 and all other bids be rejected.
RESOLUTION NO. 913
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AWARDING CONTRACT TO IMPROVE HALL ROAD AND OTHER STREETS
IN THE CITY, IN ACCORDANCE WITH RESOLUTION OF INTENTION
NO. 877
The resolution was read by title only. It was moved by Councilman
Giddings, seconded by Councilman Corbin and so ordered that further reading be
waived.
It was moved by Councilman Peavey, seconded by Councilman Giddings and
passed by the following vote that Resolution No. 913 be adopted.
AYES: 5 Councilmen: Corbin,Gddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Giddings, seconded by Councilman Corbin to
accept the work done under Contract #111A, Drill Tower, and authorize filing
a Notice of Completion.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Peavey, seconded by Councilman Giddings and
so ordered that a public hearing be set on Planning Resolution No. 59, Zone
Change #74 - Old River School Rd., for January 23, 1962, 8:00 A.M. in the
Council Chamber of the Downey City Hall.
The City Manager reported that considerable study and negotiations have
been under way to replace the vinyl tile in the Downey City Library and that
after thorough testings and opinions from experts in this field, it has been
determined that asphaltic tile will serve better on the concrete slab. It has
been recommended that the removal of the existing vinyl tile and aanding of
the concrete slab with replacement of the asphaltic tile can be done for the
estimated cost of $4570. The General Tire and Rubber Company has agreed to pay
$5,527.44 for settlement if they are properly released. The Kiely Corporation
has agreed to install the asphaltic tile at a cost of $4570 leaving approximately
$900 for transfer of books, shelving and general miscellaneous work in connection
with this program. It is recommended that the City Council authorize acceptance
of $5,527.44 from the General Tire and Rubber Company and release of their
liability; also to accept the quotation of the contractor of $4570 to proceed
with the installation of asphaltic tile.
It was further determined that the work may be done between December 18
and 31 which is the best time for the closing of the library. Sufficient pub-
licity can be given so that the public may obtain books for the Christmas vacation
prior to December 18.
It was moved by Councilman Giddings, seconded by Councilman Skinner and
.•--ft passed by the following vote that the City Manager be authorized to sign a release
to the General Tire and Rubber Company for the sum of $5,527.44 for settlement on
the library vinyl flooring.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Giddings, seconded by Councilman Corbin and passed
by the following vote to authorize the Kiely Corporation to install the asphaltic
tile at a cost of $4570, in the Downey City Library.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Corbin, seconded by Councilman Giddings and so
ordered that authorization be given to close the Downey City Library for the time
necessary between December 18 and January 1, on a full or part -time basis, subject
to the approval of the Library Advisory Board.
As an item of priority in the street improvement program, the City Manager
recommended the improvement of Downey Avenue from Gallatin Road to Cherokee Drive.
It was moved by Councilman Corbin, seconded by Councilman Giddings and so
ordered to place on the priority list of street improvements in the City, the
widening of Downey Avenue from Gallatin Road to Cherokee Drive, from County Aid to
Cities Funds.
The minutes of the Personnel Advisory Board meeting were acted upon in the
following matters:
Acceptance of the resignation of Glenn Kendall effective December 18, 1961.
It was moved by Councilman Peavey, seconded by Councilman Corbin and passed
by the following vote that A. C. Gabriel be designated Acting Director of Finance
under Section 2306 of the Municipal Code during the period in which the City will
be recruiting for personnel to fill this vacancy.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Giddings, seconded by Councilman Corbin and
passed by the following vote that Le Keyser be designated Acting Purchasing Agent
on the same pay basis.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Giddings, seconded by Councilman Corbin and passed
by the following vote that the recruiWent of Director of Finance shall be at an
entrance range of between $850 and $1050 per month.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mr. King stated that further reports will be forthcoming in February
as to the vacancies of the positions of Director of Finance and Director
of Public Works.
It was moved by Councilman Giddings, seconded by Councilman Peavey and
passed by the following vote to approve reclassification of Administrative
Assistant, Jr., 22 -E ($758) to Senior Administrative Assistant - 23 -E ($797)
effective January 1, 1962, due to additional responsibilities of the position.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
The Deputy Director of Civil Defense gave a report on various items to
come up in the near future relative to fallout shelters. He reported that the
Civil Defense Advisory Board has requested a report on community fallout
shelters. The Engineering Department is currently nearing completion of a
study of the use of storm drains in the City as fallout shelters, and it was
reported by Mr. Powell that he is to have a tour of inspection of one of the
local storm drains on Tuesday. Further reports from Mr. Powell indicated that
a survey is to continue from now to April by experts who will be going through
the City of Downey. Studies are to be made relative to some alarm systems for
the schools and for the feasibility of construction of less glass structures,
thereby affording greater protection from blasts from use of shatterproof
materials. A report is to be completed by Tuesday on home fallout shelters
which is to be made by the Director of Building and Safety, Mr. Ray Lake. It was
Mr. Powell's summation that the trend is more for community shelters.
Council approval was given the City Manager for requested vacation time
during the holidays between Christmas and New Year's.
Councilman Peavey recommended that the City of Downey undertake to handle
its own sewer maintenance which would necessitate withdrawal from the Sewer
District.
It was moved by Councilman Peavey, seconded by Councilman Skinner and
passed by the following vote that the City Attorney be instructed to draw up
the necessary papers to withdraw from the Sewer District.
AYES: 5 Councilmen: Corbin, Giddings, Peavey, Skinner, Temple
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mr. King was instructed to present a report on the cost, equipment neces-
sary, and the method best to be utilized by the City for maintenance of its own
sanitary sewers.
Councilman Peavey requested an answer to his inquiry regarding the ap-
pointment of commissioners, boards and removal of same. The City Attorney
reviewed the code sections pertaining to this matter and stated the appointing
officer may remove appointees, subject to approval of the Council and joint
approval of the legislative body. The Mayor can thus remove from office, with
approval of Council by a majority vote.
It was moved by Councilman Temple, seconded by Councilman Peavey and so
�-. ordered that the Planning Department present a report to the Council concerning
the legal description of R -3 zoned property owned by Mrs. Marian Wilson Jones
located on Old River School Road between the existing C -1 zone at the northwest
_ corner of Old River School Road and the property under application in lot Split
#196.
AYES: 4 5 Councilmen: Corbin, Giddings, Peavey, Temple
NOES: 1 Councilmen: Skinner
ABSENT: 0 Councilmen: None
There being no further business to come before the Council, the meeting
adjourned at 11:20 P.M.
U"k
C, ty Clerk Mayor