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HomeMy WebLinkAboutMinutes-01-23-62-Regular Meeting1313 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 23RD, 1962 The City Council of the City of Downey held a regular meeting in the Council Chamber of the Downey City Hall at 8:00 A.M., January 23, 1962, Mayor Scott E. Temple presiding. PRESENT: Councilmen: Corbin, Peavey, Skinner, Temple ABSENT: Councilman: Giddings ALSO PRESENT: Oren L. King, City Manager Royal M. Sorensen, City Attorney Sherman Griselle, Director of Planning A. C. Gabriel, Acting Director of Finance Don Robison, Administrative Assistant Robert Gain, Fire Chief LeGrande Leavitt, Acting Director of Public Works Ray Lake, Director of Building & Safety Robert De Sio, City Forester Della Doyle, City Clerk Alberta M. Pfeiffer, Deputy City Clerk Reverend Raymond Moore, Assistant Pastor of the Downey Methodist Church delivered the invocation. Mayor Temple announced that now is the time and place set for the public hearing on Planning Resolution No. 59, Zone Change #74 (11603 Old River School Road), property owned by Mr. J. W. Felix. Mr. Griselle presented a resume of the zone change. The Mayor inquired if the City Clerk had the affidavit of publication. City Clerk had the affidavit. The Mayor then inquired if there had been any written communications on this matter. There were none. Speaking in favor of the zone change were Alice Swehla, Realtor from South Gate, and party to the sale of the property in question; and Mr. J. W. Felix, owner. There was no opposition voiced. It was moved by Councilman Corbin, seconded by Councilman Peavey and so ordered that the hearring be closed. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9107 OF THE MUNICIPAL CODE (PLANNING RESOLUTION NO. 59) ZONE CHANGE CASE #74 The ordinance was read by title only.. It was moved by Councilman Peavey, seconded by Councilman Corbin and so ordered that further reading be waived. It was moved by Councilman Peavey, seconded by Councilman Corbin and passed by the following vote that the ordinance be introduced. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Giddings Mayor Temple announced that now is the time and place set for the public hearing on Planning Resolution No. 62, Zone Change #77 (7930 Telegraph Road), owned by Mr. Glover. Mr. Griselle presented his report on this zone change. Council Minutes 1/23/62 -1- 1314 The Mayor inquired if the City Clerk had the Affidavit of Publication. The City Clerk replied she had. The Mayor inquired if there were any written communications regarding the matter. There were none. Mr. Frank Chriswell, 5117 Williams Place, Los Angeles 32, California, who is purchasing property adjacent to the property involved in the zone change, inquired what type of development would be placed on the property being changed to R -3 and was informed that this particular zone is for apartment buildings. It was moved by Councilman Skinner, seconded by Councilman Corbin and so ordered that the hearing be closed. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9107 OF THE MUNICIPAL CODE (PLANNING RESOLUTION NO. 62, ZONE CHANGE CASE #77) The ordinance was read by title only. It was moved by Councilman Corbin, seconded by Councilman Skinner and so ordered that further reading be waived. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote that the ordinance be introduced. AYES: 4 Councilmen: Corbin, Peavey, NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings Skinner, Temple It was moved by Councilman Peavey, seconded by Councilman Corbin and so ordered that the minutes of the Council Meeting held on January 8, 1962 be approved as written. The City Clerk reported on the following written correspondence: (1) A letter from the Downey Detective Agency regarding the business license ordinance, requesting a reduction in the fee of $250. The City Manager reported that a review had been made of rates charged by other cities in this area and that Downey is the only city charging this high rate. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SUBSECTION G OF SECTION 6235 OF THE DOWNEY MUNICIPAL CODE, SAID SUBSECTION RELATES TO THE LICENSING OF DETECTIVE AGENCIES The ordinance was read by title only. It was moved by Councilman Corbin, seconded by Councilman Peavey and so ordered that further reading be waived. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote that the ordinance be introduced. AYES: 4 Councilmen: Peavey, Corbin, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings The City Clerk reported receipt of two letters on the Freedom Shelf in the library from Mrs. Jeanne L. Shrader and Marilynn McLaughlin. Ordered filed. Council Minutes 1 /23/62 -2- 1.0315 (3) A petition from the tenants and owners on Marbel Avenue in the 10700 block. It was recommended this matter be referred to the Traffic Engineer to be reported on at the February 12 meting. (4) A letter from the City -Wide Taxpayers of the City of Downey re- questing that all council meetings be recorded by tape. It was moved by Councilman Peavey, seconded by Councilman Corbin and so ordered to install a tape recorder at Council Meetings and that the secretary and City Clerk continue to record the minutes as in the past. Mr. King and Councilman Skinner commended the excellent manner in which the City Clerk and Deputy record the Council Meetings. ORDINANCE NO. 187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9107 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE #61) The ordinance was read by title only. It was moved by Councilman Peavey, seconded by Councilman Corbin and so ordered that further reading be waived. It was moved by Councilman Peavey, seconded by Councilman Corbin and passed by the following vote that Ordinance No. 187 be adopted. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings ORDINANCE NO. 188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 4210 AND 4211 OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTIONS RELATE TO THE VACCINATION OF DOGS FOR RABIES The ordinance was read by title only. It was moved by Councilman Corbin, seconded by Councilman .Skinner and so ordered that further reading be waived. It was moved by Councilman Corbin, seconded by Councilman Skinner and passed by the following vote that Ordinance No. 188 be adopted. AYES: 3 Councilmen: Corbin, Skinner, Temple NOES: 1 Councilman: Peavey ABSENT: 1 Councilman: Giddings RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ACCEPTING FOR DEDICATION A PORTION OF BROOKPARK ROAD The resolution was read by title only. It was reported by Mr. King that it has been requested by the Downey County Water Company that Brookpark Road extending Westerly from Rives Avenue be accepted as a public street to provide access to proposed Downey County Water Company property at the Westerly .-. terminus of this street. Mr. James Stamps explained the use of the property and the benefit to the City of Downey through construction of a reservoir. It was requested by him that the City pay for half the cost of street improvements. After much discussion it was mov ed by Councilman Skinner that the City pay for curbs and gutters and Council Minutes 1/23/62 -3- 1316 that the Downey County Water Company pay for paving the street and they be required to erect a block wall to block access to this right of way, subject to approval of the right of way. The City Attorney explained that restrictions cannot be placed upon a public street which will be accepted by the resolution as presented. Council- man Skinner then withdrew his motion. It was moved by Councilman Corbin, seconded by Councilman Peavey that the City will agree to accept Brookpark Street for dedication if the Downey County Water Company will provide curbs, gutters and paving of standard specifica- tions in the same manner as Brookpark Street easterly. Further discussion followed this motion, after which the Mayor called for the vote: AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings The resolution was tabled.. RESOLUTION NO. 931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING WITHDRAWAL OF CERTAIN TERRITORY IN THE CITY OF DOWNEY FROM THE CONSOLIDATED SEWER MAINTENANCE DISTRICT The resolution was read by title only. The City Attorney reported that proceedings have been initiated for with- drawal through the County Board of Supervisors but that unless the Board holds a hearing and, by February 1, reach a finding that the withdrawal is proper, there could be, in effect, no withdrawal this year. An alternative under the State Highway Code is that whenever a City incorporates or annexes, the city, by its own resolution, may withdraw. Because of the sequence of events, there is approximately 10% of the City of Downey which would not be withdrawn from the sewer maintenance district except by the action initiated by the Board of Supervisors pursuant to the first resolution adopted recently by the City Council. The resolution just read could be adopted and filed prior to February 1 and could withdraw approximately 90% of the City, in the event the County Board of Supervisors does not take action on the previous resolution prior to February 1. Thus the balance probably would have to be obtained by reinstituting proceedings next year. It was moved by Councilman Corbin, seconded by Councilman Peavey and so ordered that further reading be waived. It was moved by Councilman Corbin, seconded by Councilman Peavey and passed by the following vote that Resolution No. 931 be adopted. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings RESOLUTION NO. 932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF DOWNEY, P�,ELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 10, 1962 The resolution was read by title only. Council Minutes 1/23/62 -4- 131' It was moved by Councilman Corbin, seconded by Councilman Skinner and so ordered that further reading be waived. It was moved by Councilman Corbin, seconded by Councilman Skinner and passed by the following vote that Resolution No. 932 be adopted. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings RESOLUTION NO. WS -279 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 ( #13475 - #13848 $89,938.43) (Payroll) The resolution was read by title only. It was moved by Councilman Corbin, seconded by Councilman Peavey and so ordered that further reading be waived. It was moved by Councilman Corbin, seconded by Councilman Peavey and passed by the following vote that Resolution No. WS -279 be adopted. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings RESOLUTION NO. WS -280 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 ( #4767 - #4937 $146,824.51) The resolution was read by title only. It was moved by Councilman Skinner, seconded by Councilman Peavey and so ordered that further reading be waived. It was moved by Councilman Skinner, seconded by Councilman Corbin and passed by the following vote that Resolution No. WS -280 be adopted. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings It was moved by Councilman Peavey, seconded by Councilman Corbin and so ordered to approve plans and specifications for Cash Contract #66, Paramount Boulevard between Stewart and Gray Road and the Southern Pacific Railway, and authorize advertising for bids. It was moved by Councilman Corbin, seconded by Councilman Peavey and so ordered to grant the contractor an extension of 4 working days on Cash Contract #65, Dalen Street due to the delay in acquisition of right of way from the Downey Land Company. It was reported by the City Engineer that the work required under Cash Contract #70, miscellaneous paveouts, has been satisfactorily completed. The contract provided for liquidation damages of $20.00 per day for each site at which time limits were not met. The time limit was exceeded at the following locations: Site No. 4 - Old River School Road south of Florence Ave. -- 2 days Site No. 7 - Stewart and Gray Road East of Old River School Road -- 1 day 3 days at $20.00 per day - $60.00 It was recommended that the City Council consider the liquidation damages of $60.00. Council Minutes 1/23/62 -5- 1318 It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to accept the work for Cash Contract No. 70, miscellaneous paveouts, authorize filing Notice of Completion and authorize liquidation damages in the amount of $60.00. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings It was moved by Councilman Peavey, seconded by Councilman Skinner and so ordered to accept the work and authorize filing a Notice of Completion for Cash Contract #73, miscellaneous curbs and sidewalks. It was moved by Councilman Peavey, seconded by Councilman Corbin and so ordered to grant the contractor 3 working days' extension of time forcompletion Contract #75A. (Public Works Yard paving.) It was moved by Councilman Corbin, seconded by Councilman Skinner and so ordered to grant the contractor en. extension of time of 20 working days for A.D. #55, Dunrobin Street because of work requested by property owners but not included in the original contract. It was moved by Councilman Skinner, seconded by Councilman Peavey and passed by the following vote to authorize expenditure of $7,000 Gas Tax Monies subject to the proceeding of the District, Blodgett Avenue - -A.D. #59. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings It was reported by Councilman Skinner that a meeting on January 30, 1962, of the property owners in A.D. #59 will be held at the South Junior High School. It was moved by Councilman Peavey, seconded by Councilman Skinner and so ordered to authorize circulation of petitions for street lighting on Dolan Street. It was moved by Councilman Peavey, seconded by Councilman Corbin and passed by the following vote to approve renewal of parking lot lease on the Masonic Lodge Lot and authorize the Mayor to sign the lease agreement. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings It was moved by Councilman Peavey, seconded by Councilman Corbin and passed by the following vote to approve renewal of parking lot least on the Baker Lot and authorize the Mayor to sign the lease agreement. ACES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings It was moved by Councilman Peavey, seconded by Councilman Skinner and so ordered to accept improvements in Tract #25902, Samoline Avenue and authorize release of bonds. It was moved by Councilman Corbin, seconded by Councilman Peavey and so ordered to accept improvements on Tract #19284, Pellet & Pernell and authorize release of bonds. The City Attorney reported that he questions granting an easement to Southern California Edison Company for utility poles on Lots 19, 20 and 21 in Tract #24197 but that he believes it should be instead in the form of a permit, with a 30 -day revocation clause. Mr. Dee Dickson, representing the Southern Council Minutes 1/23/62 -6- :1.319 California Edison Company, objected to the revocation clause. The matter was tabled after much discussion to be reported on at the February 12 meeting. A plan showing the proposed landscaping scheme along the front of the City Hall was presented to Council by City Forester, Robert De Sio. After discussion, it was agreed by Council that the lawn would be renovated and put in as good a condition as possible, re- landscape with what is on hand in the City nursery, doing all that can be done to save the large trees. It was further repotted by Mr. King that plans will be submitted for con- sideration by the Council in another month or two for the remodeling of the Council Chamber which is still under revision. It was reported by the City Manager that approximately a year ago a con- tract was entered into between the City and the Safeway Tree Company for the tree company to remove certain parkway trees. After the work had been completed in part, the former Director of Public Works directed that the company cease doing the work as it was not living up to the terms of the contract. Since that time, there has been a substantial amount of discussion. The tree company claimed that the City owes it approximately $1600, plus interest, and the City contending that it owes no additional amount under the contract as the work was not done properly. The tree company's attorneys have advised that if the matter is not settled a complaint will be filed, but that the matter can be settled for the payment of $800 by the City. It has been further reported by Mr. Gabriel, Acting Director of Finance, that the City has received a "Stop Payment" Notice filed by the Downey County Water District, pending a settlement in the amount of $201.08 to them from Safeway Tree Service for damages to a water main, said damages caused by the removal of one of the trees covered in the City's contract with Safeway Tree Service. Therefore, the amount of $201.08 must be deducted from the amount due Safeway Tree Service from the City of Downey, and held until the "Stop Payment" notice from the Downey County Water District has been removed. It was moved by Councilman Peavey, seconded by Councilman Skinner and so ordered to refer the matter to the City Attorney. The City Clerk reported she had received a letter from the Rio Hondo Disposal Service requesting permission to transfer the contract now held by the Rio Hondo Disposal Service to the name of Rubco, Inc. The City Attorney stated there would be no objection to Council's approving this transfer so long as the present owners will be stockholders in the new corporation. It was moved by Councilman Skinner, seconded by Councilman Peavey and passed by the following vote to grant consent to the request from Rio Hondo Disposal - --...- Service on the condition that Mr. Stanleigh Megargee, Jr. and the present contracts holders would maintain at least 51% of the stock. (Mr. Megargee reperted that the present owners intend to hold 100% of stock in the company. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings Mr. King reported on the storm drain schedule revised as presented by Mr. Leavitt. Also Mr. King presented a report from the Sanitation and Garbage Collectors in the City from the Public Works Department for services from July 1 to December 31, 1961. The City Attorney reported that the matter of Downey vs. Lucci is still pending and there is a pre -trial set for January 29, 1961 which, due to the fact that the property is at the present time in escrow for sale to the hospital group, he would recommend continuing for a couple of months in order to determine the outcome of the transfer of this property. Authority to continue this case was granted. Council Minutes 1/23/62 -7- -1 -/ .ln Councilman Corbin requested information regarding flood problems during the recent rains. The City Engineer reported there were only a couple serious problems as conditions have been improved to a great extent since last year. Councilman Peavey inquired about the feasibility of widening of 5th Street especially from Downey to Paramount and moved, with Councilman Skinner seconding -� and it being so ordered that 5th Street be widened and set up on the priority list following Downey Avenue widening as proposed from Gallatin Rd. to Cherokee Drive. Mr. King pointed out the following four priorities for improving streets in Downey: 1. Brookshire to the Downey Unified .School District Administration Building. 2. Brookshire to Imperial Highway. 3. Downey Avenue from Gallatin Road to Cherokee Drive 4. Fifth Street, from Downey Avenue to Paramount Boulevard The following vote was taken on the motion stated above: AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings Council requested a recap of priority projects and funds available. Mayor Temple reported that Councilman Peavey has agreed to represent the City of Downey at the conference in Sacramento on Metropolitan Government. It was moved by Councilman Temple, seconded by Councilman Corbin and passed '—" by the following vote to allow Councilman Peavey to attend the conference in Sacramento as representative of the City of Downey with reasonable expenses allowed. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings The Mayor reported he had received a letter from the telephone company thanking Council for its cooperation during the past year. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to authorize Mayor Temple to attend the Governor's Conference in San Francisco February 8 and 9 with reasonable expenses allowed, or an alternate representative attend should Mayor Temple be unable to do so. AYES: 4 Councilmen: Corbin, Peavey, Skinner, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilman: Giddings No action was taken on a request from Long Beach for support of the City of Downey toward a new naval hospital, nor on participation in the Pan American Festival as requested by the City of Lakewood. The Chief of Police was requested to report on the feasibility of establishing a medicopter service in the area. Mayor Temple reported one other request received by him for Council to support acquiring land from Cheli Air Force for school purposes in the City of Bell Gardens. No action was taken. Council Minutes 1/23/62 -8- 9'321 Mr. H. L. Dougan, 7901 E. Stewart and Gray Road, commended Council for their action regarding the tape recorder. He then inquired of the City Attorney if a measure will be placed on the ballot relative to a municipal auditorium in the forthcoming election. The City Attorney stated that if it is the desire to finance an auditorium r-- by means of revenue bonds or general obligation bonds, the question of whether or not such bonds should be issued would have to be put on the ballot. If the auditorium is proposed to be financed by some other means not specifically requir- ing a vote of the people, such as a lease with option to purchase or special fund, there is then no requirement of the law that such a proposition be on the ballot. There being no requirement under the law nor any authorization to put such latter proposition on the ballot, it would not be proper to call a special, city -wide election for this purpose. If there were to be a city -wide election in any event, which is not the case, at the next city election, then this proposition relative to the financing of the auditorium could be placed upon the ballot. Any extra expense which would be incurred under such a situation would be so minimal that it would not be of any consequence. However, to call a city -wide election for this coming April would approxina tely double the cost of the forthcoming election. A special election could be called for placing on the ballot the issue of whether revenue bonds or general obligation bonds should be issued but the question of whether or not an auditorium should be financed through a lease option agreement or a special program or a special fund cannot be placed on the ballot until there is a city -wide election which under ordinary circumstances would be in 1964. Mr. Dougan inquired also whether or not a measure could be placed on the ballot for remuneration of City Councilmen or members of the Planning Commission. The City Attorney stted that there was specific statutory authority for placing the issue on the ballot insofar as Councilmen are concerned. There is no such statutory authority for such compensation of Planning Commission members. He .-, doubted, however, that at the present time the mechanics could be performed so that the issue could be placed on the ballot for the forthcoming election inso- far as Councilmen are concerned. Insofar as Planning Commission members are concerned, he stated although there could not be any salary for Commissioners as such he believed the Council could authorize a certain reasonable amount be paid to the Commissioners for expenses incurred. There being no further business to come before the Council, the meeting adjourned at 10:15 A.M. C� City, erk % " Mayor Council Minutes 1/23/62 -9-