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HomeMy WebLinkAboutMinutes-10-23-62-Regular Meeting1 &22 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 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., October 23, 1962, Mayor Ben Corbin presiding. PRESENT: Councilmen: Skinner, Peavey, Morton, Temple, Corbin ALSO PRESENT: Oren L. King, City Manager Royal M. Sorensen, City Attorney A. C. Gabriel, Director of Finance Sherman Griselle, Director of Planning Ervin Spindel, Director of Public Works Ivan Robinson, Chief of Police Robert Gain, Fire Chief Tom Nudson, Asst. Director of Building & Safety Lee Leavitt, City Engineer Don Robison, Administrative Assistant Della Doyle, City Clerk Alberta Pfeiffer, Deputy City Clerk Reverend Walter W. Armantage of the Congregational Church of Downey delivered the invocation. Mayor Corbin announced that this is the time and place set for the hearing on the Debt Limit Report for A.D. #79, Eucalyptus Street. The Mayor asked the City Clerk if she had the affidavits of publica- tion, posting and mailing. The City Clerk replied she had the affidavits. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the affidavits be received and filed. The Mayor inquired if the City Clerk had received any written pro- tests. The City Clerk read a letter protesting the improvements in A.D. #79, Eucalyptus Street. The Mayor then asked if anyone wished to speak in behalf thereof. There were no oral comments. Mr. Spindel, Director of Public Works, presented the Debt Limit Report. There being no further protests and no oral comments relative to the Debt Limit Report, it was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote that the hearing on the Debt Limit Report in the improvement of Eucalyptus Street and Birchdale Avenue be closed. AYES: 5 Skinner, Peavey, Morton, Temple, Corbin NOES: 0 None ABSENT: 0 None It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that the one protest received did not constitute a protest by 50% of the area or of the assessed value of land within the area proposed to be assessed for the improvement. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None 1523 RESOLUTION NO. 1048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING AND DETERMINING THAT ASSESSMENT DISTRICT NO. 79 (EUCALYPTUS STREET AND BIRCHDALE AVENUE) IS FEASIBLE AND THAT THE LANDS WITHIN THE PROPOSED DISTRICT WILL BE ABLE TO BEAR THE BURDEN OF SUCH PROPOSED ASSESSMENT The resolution was read by title only. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that further read- ing be waived. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that Resolution No. 1048 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Attorney stated that a resolution of intention had been published incorrectly on two occasions and it is now necessary to adopt a new resolution of intention setting a hearing date for 8:00 A.M., November 27, 1962, in the Council Chamber of the Downey City Hall. The title only of the resolution was then read by the City Attorney. RESOLUTION NO. 1049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO IMPROVE EUCALYPTUS STREET AND BIRCHDALE AVENUE BY THE CONSTRUCTION OF CEMENT CONCRETE CURBS, GUTTERS, CROSS- GUTTERS, AND ASPHALTIC CONCRETE PAVING IN THE CITY OF DOWNEY, AND DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THERE- OF, DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT (AD 79) AND RESCINDING RESOLUTION NO. 1040 It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that further reading be waived. It was moved by Councilman Peavey, seconded by Councilman Morton and passed by the following vote that Resolution No. 1049 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Corbin announced that this is the time and place set for the hearing on Blodgett Avenue Change of Work in A.D. #59. Mayor Corbin asked the City Clerk if she had the affidavit of publication. The City Clerk replied she had the affidavit. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the affidavit be received and filed. Mr. Spindel reported that the changes of work involved in A.D. #59 were in driveways which were agreed upon by the particular property owners and these owners have agreed to pay the additional costs. 1524 There being no protests or written or oral communications, it was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that the hearing on the change of work in A.D. #59, Blodgett Avenue, be closed. RESOLUTION NO. 1050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING CERTAIN MODIFICATIONS OF THE WORK TO BE DONE IN ASSESSMENT DISTRICT NO. 59 (BLODGETT AVENUE AND OTHER STREETS) The resolution was read by title only. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Skinner, seconded by Councilman Temple and passed by the following vote that Resolution No. 1050 be adopted. AYES: 5 Councilmen: Peavey, Skinner, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that the minutes of the meeting of October 8, 1962, be approved as written. The City Clerk reported on the following correspondence: (1) A letter from E. 0. Leake & J. J. Leake, Attorneys at Law, pro- testing appropriation of any portion of Dolan Street in connection with the widening of Everest Street and opening of Dolan Street at the northerly end; and removal of the barricade at the northerly end without appropriate proceedings. Various copies of communications (inter- depart- ment and to Mr. Woodmansee) were attached to the letter explaining how this matter will be resolved. (2) A letter from J. F. Karns requesting city cooperation and a meeting on the site to discuss elimination of the year- around stagnent drainage and seasonal flood waters from subdivisions to the north of 12356 Downey Avenue. Mr. Skinner suggested a field trip be planned with Mr. Karns and Council, requesting the City Manager to take care of setting up such a trip. (3) A letter from Marguerite Hazzard, 10637 Casanes Avenue, regard- ing the distribution of local newspapers. The letter was ordered accepted and filed. (4) A letter from the Director of Planning relaying a request from the Planning Commission to investigate, in cooperation with the City of Bellflower, the possible acquisition of right -of -way on the south side of Gardendale Avenue and Lakewood Boulevard and on the south side of Foster Road east of Clark Avenue. It was recommended the matter be referred to the Department of Public Works for further study, with a letter being directed to the City of Bellflower to solicit their cooperation. The City Manager was directed to arrange a meeting with the Mayor, City Manager and Director of Public Works of the City of Bellflower in trying to work out the matter of acquisition as suggested by the Planning Commission. (5) A letter from Milo Dellmann, Secretary of the Independent Cities of Los Angeles County, urging Council to adopt a resolution similar to one adopted by the City of South Gate with regard to costs of contractual police services and consideration of an equitable application of tax credits in connection therewith. 1525 It was recommended the matter be given further study before Council takes action officially. The following claims were reported as having been received: (1) A claim for $150,000 from Leonard Basham, father of Marvin Basham, for false and wrongful arrest. It was moved by Councilman Skinner, seconded by Councilman Morton and so ordered that the claim of Leonard Basham be referred to the City Attorney and the Insurance Carrier. (2) A claim for $500.00 from Clifford I. Larsen for automobile damage. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered that the claim of Mr. Larsen be denied. (3) A claim for damages from Wallars Furniture for damages to one of their windows caused by contract construction on Brookshire and Firestone Boulevard. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that the claim of Wallars Furniture be referred to the City's insurance carrier. A letter from the Downey Junior Womans' Club, requesting considera- tion of flying the American Flags for the remainder of Patriotic Education Week was read by the City Clerk. The City Manager reported that this day is United States Day and the flags are being flown to commemorate this day, and that the flags could be left flying the rest of this patriotic education week. Council so ordered. The City Attorney reviewed the Chief of Police's request for prepara- tion of an ordinance relative to the consumption of alcoholic beverages. The ordinance which he prepared, he stated, amends the existing section of the Downey Municipal Code only to change the last paragraph: "No person, while in or on any uninclosed area designed or used or intended to be used for the parking of motor vehicles and which parking area is used in con- junction with or as an adjunct to any business, trade, or occupation for which a business license has been issued or is required to be issued pur- suant to the provisions of Chapter 2 of Article VI of this Code shall consume any alcoholic beverages nor have on his personal possession any container containing alcoholic beverages and which container has been opened." The City Attorney then read the title of the ordinance to be introduced. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4103 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES It was moved by Councilman Peavey, seconded by Councilman Temple 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: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None 1526 The City Attorney stated he also had been requested to prepare an ordinance proposing regulations relative to drive -in restaurants. The City Attorney summarized the ordinance, stating it amended Article 6, by setting up a new chapter designated Chapter 8 relating to drive -in restaurants. Mr. Sorensen stated that he knows of no specific action in this state where regulations of this particular nature have been adjudicated by the courts, but that there have been some out -of -state cases decided at a level which is not of any particular help but indicating that it may be proper for Council to enact this type of ordinance. The attorney stated that he thinks that a reasonable ordinance regulating a particular kind of business which has an adverse effect on the public or areas or a portion of the public is enforced properly under police power. As to whether any given ordinance is reasonable is going to depend ultimately upon what facts are before the courts and upon what the court feels is proper regulation. All the City Attorney can do is say that he thinks what is proposed would be upheld, but cannot tell whether it will be attacked if adopted - -there is some likelihood that there would be an attack, in which case the matter will then get into an adjudication and it would be found out if it is reasonable. The court decision which arises out of this possible attack will certainly give some guide lines to adopting an ordinance which the court will then deem to be valid. The City Attorney then read the title of the proposed ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING TO ARTICLE VI THEREOF A NEW CHAPTER TO BE DESIGNATED AS CHAPTER 8 RELATING TO DRIVE -IN RESTAURANTS It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that further reiding be waived. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote that the ordinance be introduced. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Peavey reviewed his request of an ordinance governing M zones which limit buildings to three stories with the possibility of lifting the restriction. The City Attorney stated it should be refer- red to the Planning Commission for a hearing. It was moved by Councilman Peavey, seconded by Councilman Skinner and so ordered that the matter of M zone restrictions be referred to the Planning Commission. The City Attorney advised that inasmuch as an error had been made in the resolution proposing changes in the acquisition and improvement of Vehicle Parking District No. 1 of the City of Downey and setting hearing, it is necessary to adopt a new resolution, rescinding �- Resolution No. 1044. The City Attorney then read the title only of the new resolution. 1527 RESOLUTION NO. 1051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING CERTAIN CHANGES IN THE ACQUISITION AND IM- PROVEMENT OF VEHICLE PARKING DISTRICT NO. 1 OF THE CITY OF DOWNEY AND DIRECTING NOTICE OF HEARING ON SAID PRO- POSED CHANGES AND RESCINDING RESOLUTION NO. 1044 (AD 66) 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 Peavey and passed by the following vote that Resolution No. 1051 be adopted, setting a hearing for 8:00 A.M., November 27, 1962, in the Council Chamber of the Downey City Hall. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SAN GABRIEL RIVER FREEWAY AGREEMENT WITH THE STATE OF CALIFORNIA, DIVISION OF HIGHWAYS The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that further reading be waived. It was moved by Councilman Temple, seconded by Councilman Morton and passed by the following vote that Resolution No. 1052 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS -315 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 ( #20159 - # 20555 $99,401.93) (Payroll) The resolution was read by title only. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that Resolution No. WS -315 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS -316 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 ( #8472 - #8592 $146,376.43) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Morton and so ordered that further reading be waived. -* It was moved by Councilman Skinner, seconded by Councilman Temple and passed by the following vote that Resolution No. WS -316 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None After a summation of bids for miscellaneous improvements, Cash Contract #76A, it was recommended that the bid be awarded to the lowest and best bidder, Warren Southwest, Inc., in the amount of the bid. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that the bid for Cash Contract #76A be awarded to the lowest and best bidder, Warren Southwest, Inc. in the amount of $32,743.79, subject to the approval of the City Attorney and the City Engineer and that all other bids be rejected. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NCES: 0 Councilmen: None' ABSENT: 0 Councilmen: None After a summation of bids for the Police Booking Room, Cash Contract #90, and a resume presented by the Chief of Police, Ivan Robinson, of what this room will include, it was moved by Councilman Temple, seconded by Councilman Morton and passed by the following vote that the bid be awarded to the lowest and best bidder, Charles T. Smith, in the amount of $7400.00, and that the following transfer of funds be authorized: AMOUNT FROM TO ACCOUNT NO $400.00 Operating Reserves 13752 AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None NOES: 0 Councilmen: None It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to accept the recommendation of the Director of Public Works to approve plans and specifications for resurfacing with asphalt concrete, paving portions of Florence Avenue, Downey Avenue, Clark Avenue and Dos Rios Road, and authorize advertising for bids - -Cash Contract #92. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Director of Public Works reported that the contractor, Sully- Miller Contracting Company, was delayed by the Southern Pacific Railroad Company in their work within the railroad right of way and as a result have re- quested that Council grant an extension of time of 7 days to October 19. The job has been completed as of that date. It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote to grant the requested extension of time to the Sully- Miller Contracting Company in completion of their contract for improving Brookshire Avenue, Cash Contract #64. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None 1 529 It was moved by Councilman Skinner, seconded by Councilman Temple and passed by the following vote to approve and accept the completion of work under Cash Contract No. 64, Brookshire Avenue, from Firestone to Manatee Street which have been satisfactorily completed. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin r-� NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Skinner requested a report at the next council meeting with regard to the cost of construction of sidewalks in the area along Brookshire just improved. Mr. Spindel reported that it has been requested by property owners on Barlin Avenue, A.D. #85, that a petition be circulated for improvement of the street by construction of cement curbs, gutters, paving and driveways. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered to authorize circulating of petitions for the improvement under A.D. #85 of Barlin Avenue. The Director of Public Works reported that subsequent to completion of the work on Blodgett Avenue by the contractor, and final inspection by this office of the work completed, the failure of a water main at the intersection of Blodgett Avenue and Gardendale Street caused considerable damage to the new improvement. Since it would appear that the failure of the water main was not caused by the contractor performing the work, it is recommended that an extension of time on his contract be granted until such time that the improvements are repaired. r� The City Attorney stated that the extension.should be approved, in any event, and the damages repaired with a decision as to who is liable for the damages to be decided at a later date after further investigation, as there is a question due to the fact that the Park Water Company has a prior easement on this property. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote to approve the extension of time to Oswald Brothers in their contract to improve Blodgett Avenue under A.D. #59. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilman: None The Director of Public Works reported that the property owners on the east side of Tweedy Lane southerly of the Santa Ana Freeway have contacted a contractor and are proposing to construct curbs, gutters and paving to meet the existing paving on Tweedy Lane. The existing paving, however, is considerably above the grade of the proposed curb and gutter construction. In order to allow reasonable access to the properties, it will be neces- sary to reconstruct a portion of Tweedy Lane. It has been requested by the owners of this area that the City Council consider contributing to the cost of the reconstruction of the existing paving on Tweedy Lane that will be required to provide access to these properties. It was recommend - ed that Council consider the appropriation of funds in the amount of $500 to reconstruct this paving. It was moved by Councilman Skinner, seconded by Councilman Peavey and passed by the following vote to authorize the following transfer of funds: AMOUNT $500.00 AYES: NOES: ABSENT: FROM TO Operating Reserves 13751 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin 0 Councilmen: None 0 Councilmen: None 1530 Councilman Skinner requested a report of the cost for the same type of improvement on Stanbridge as the above for Tweedy Lane. It was reported that the Planning Commission, in their approval of Plot Plan No. 202 required that the property owner complete certain public improvements including curbs, gutters, sidewalks and paving. The property owner directed a letter to the City Engineer requesting that the City relieve him of the requirement of paving. The estimated cost for the paving construction adjacent to his property is $1200.00. It was recommended that the matter be referred to the Planning Commission. It was moved by Councilman Temple, seconded by Councilman Morton and so ordered that the request relative to Plot Plan No. 202 be referred to the Planning Commission. The City Manager reported there had been a series of meetings held with the residents in the area of Paramount Boulevard south of Vista Del Rosa and that Mr. Spindel had conferred with the Division of Highways quite extensively. Mr. Spindel reported that an estimate for the con- struction of sidewalks on the west side of Paramount Boulevard from Vista Del Rosa southerly under the Santa Ana Freeway to the southbound off ramp of the Santa Ana Freeway, which includes the cost of right of way acquisi- tion, a chain link fence along the sidewalk where it is adjacent to the curb, and on a slope, a retaining wall for the sidewalk to be cut down the slope, and street lighting adjacent to the underpass is $14,500. This includes also engineering and contingencies. Councilman Skinner recommended setting up a field trip of Councilmen and persons in the area before taking official action on this matter. It was so ordered. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered to authorize an attempt on the part of the right -of -way officer to obtain dedication along Vista Del Rosa Avenue. It was It was reported that an estimate had been prepared of the cost of making a temporary parking lot of the area southerly of the Masonic Temple on the west side of Downey Avenue, which amounted to $1,700. Since the lot of a temporary nature would provide 24 parking spaces and would be for two months only, no action was taken by Council. It was moved by Councilman Temple, seconded by Councilman Morton and motion did not carry that the action of the Planning Commission be upheld and the appeal denied in Zone Change Case #89, Mason /Blythe -7952 Cole Street. AYES: 2 Morton, Temple NOES: 3 Skinner, Peavey, Corbin ABSENT: 0 None It was then moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote that the decision of the Planning Com- mission in Zone Change Case #89 be reversed and that the appeal of Mr. Vernon Blythe be upheld. ,... AYES: 3 Councilmen: Skinner, Peavey, Corbin NOES: 2 Councilmen: Morton, Temple ABSENT: 0 Councilmen: None The matter was referred back to the Planning Commission for a report. 1 531 Councilman Peavey requested a leave of absence of two months to take an extended trip to the South Pacific. It was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote to approve the requested leave of absence of Councilman Peavey from October 24, 1962 to approximately December 26, 1962, and recommended that Councilman Corbin from District #5 take care of all problems in District #3 during Councilman Peavey's absence. AYES: 4 Councilmen: Skinner, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilman: Peavey Councilman Peavey reported that his term as a member of the Mosquito Abatement Committee is to expire in January; that he has been serving as Vice President and that he will be happy to serve another term if Council so desires to reappoint him. It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote to reappoint Councilman Peavey to the Mosquito Abatement Committee. AYES: 5 Councilmen: Skinner, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Peavey requested that the City Clerk's office inform the Mosquito Abatement Committee of his reappointment. The City Manager introduced the recently appointed Traffic Engineer, George Villegas. Mr. Villegas stated from his observation since he has been on duty it is a very fic;e group with which he will be working and he is happy to be a part of this group. Mr. King reported that it has been suggested that an option on property located at 8129, 8131 East Second Street in the amount of $35,000 be exercised and that the City Manager be authorized to enter into escrow for purchase of the property, approving transfer of funds from unappropria- ted reserves, plus nominal escrow costs. It was moved by Councilman Peavey, seconded by Councilman Morton and passed by the following vote to authorize the City Manager to enter into escrow for the purchase of property at 8129, 8131 East Second Street in the amount of $35,000, and approve the following transfer of funds: AMOUNT $35,000.00 AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 FROM TO Unappropriated Reserves 9- 2000 -671 Councilmen: Skinner, Peavey, Morton, Temple Councilmen: None Councilmen: None Corbin (Disqualified himself from voting and turned the chair over to Mayor Pro - Tempore Peavey) The City Manager reported that in accordance with Council's request, a review of jail charges by the County was being submitted. In accordance with provisions of the agreement for the care of city priisoners in the County Jail, rates established by the County Auditor - Controller for the period October 1, 1962 - September 30, 1963 are to be raised from $5.51 to $6.10 per day for male prisoners and from $9.22 to $10.01 for female prisoners. 1532 It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to authorize the Mayor to sign the acknowledgment receipt of this notification of the change in rates and return to the Los Angeles County Sheriff's Department as per their request. AYES: NOES: 5 0 Councilmen: Councilmen: Skinner, Peavey, Morton, Temple, Corbin ABSENT: 0 Councilmen: None None Reports were submitted in support of a previous request for re- classification in the Police Department of Clerk Typists to Police Clerks, and upgrading the pay classification for Communications Operator as re- quested by Council. Councilman Skinner suggested that these items be considered separately. It was moved by Councilman Skinner and seconded by Councilman Peavey that each shift have a police clerk who will do the added work, moving that employee only to the next change of salary. The Police Chief recommended that there be a uniform change of all employees in this particular classification. Councilman Temple suggested that a salary range be worked out whereby employees performing the extra duties will receive pay only for the time actually spent on this added duty, and that only the employees performing the added duties regularly in line of duty receive the reclassification. It appeared that this matter needed further study; therefore Councilman Peavey withdrew his second and Councilman Skinner withdrew his motion. It was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote to approve the recommendation as submitted for reclassification in pay schedules for Communications Operator from Pay Schedule 8 - $323 - $393 to Pay Schedule 11 - $373 - $545. AYES: 3 Councilmen: Morton, Temple, Corbin NOES: 2 Councilmen: Skinner, Peavey ABSENT: 0 Councilmen: None The City Manager reported that the auto wash contract with the Kwik -Wash had been cancelled and reviewed the new bids which showed the lowest and best bidder to be Arrow Car Wash @ 70e per wash. It was moved by Councilman Peavey, seconded by Councilman Morton and passed by the following vote to authorize that the bid for car washing be awarded to the lowest and best bidder, Arrow Car Wash, at the rme of 70c, per car wash, and that all other bids be rejected. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Corbin, seconded by Councilman Morton and passed by the following vote to appropriate additional funds in the amount of $7,000 for the purchase of property adjacent to the headquarters fire station on Downey Avenue. (This request followed completion of litigation proceedings and recommendations of the City Attorney in final acquisition of their property.) The estimated costs as submitted by the City Attorney are as follows: Court Award $38,454.50 Appraisal Fee, Court & Legal Fees 3,,342.00 $41,796.50 Total AMOUNT TO BE TRANSFERRED FROM TO $7,000 Unappropriated Reserves 13720 1 11;143 The amount which had been budgeted for this item was $35,000.00. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was reported by the City Manager that property at 8502 Aveon which had been acquired in connection with Brookshire Avenue improve- ments had been advertised forssale and an offer of $3,400 from Ray Noxsel exceeds the minimum acceptable bid; and that a $500 cash deposit exceeds 10% of the total bid minimum. It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote to approve the sale of property at 8502 Avon Street to Ray Noxsel in the amount of $3400. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Haygood Ardis requested that the City Council and Planning Commission consider M zone uses of property as follows be studied in the Master Plan. Change in zone of property to M1 or M2 with boundary lines of Patton Road on East, Margaret Street on the North, Brookshire Avenue on the West and Manatee on the South, and submitted a petition as they feel it would be a great benefit to the City of Downey and to the property owners. The petition was ordered received and referred to the Planning Commission to be included in their Master Plan studies. Charles K. Zimmerman, District Supervising Representative of the State Compensation Insurance Fund presented a check. for the City of Downey in the amount of $14,392.79, representing a 47% dividend on the premium paid by the City in connection with the Workmen's Compensation which is considerable savings. He congratulated the City of Downey, the Employees and its Officers in charge of management for their excellent record. It was moved by Councilman Skinner, seconded by Councilman Peavey and so ordered to reaffirm the resolution passed by the City Council of the City of Downey opposing the addition of two supervisors in the coming election. It was moved by Councilman Morton, seconded by Councilman Peavey and so ordered that Council go on record as standing in support of the President of the United States in the position that he has taken against Communism before it reaches the United States. Councilman Temple urged, in view of the seriousness of the situation, a closer working with the Civil Defense Committee and the Director of Civil Defense in carrying out a definite plan of defazsive action with regard to checking the status of the Civil Defense program and organiza- tional structure within the City Hall, as well as all agencies within the City. Ruth Kelly announced that Saturday night is the first preliminary elimination in the beauty pageant in which 88 girls will participate and that reservation tickets will be distributed to Council and officials of the City. Councilman Morton extended compliments to Mayor Corbin in the fine job he did at his first council meeting in holding the chair and the gavel. The City Manager announced that the Charter City Committee members were reviewed and a meeting is to beheld on November 7, 1962, at 4 :00 P.M. with the City Attorney in attendance. .x.34 Mayor Corbin stated it was an honor and a privilege to receive from the past President of the United States, a picture of Dwight D. Eisenhower. The Sister City had requested that a picture be sent to Guadalajara. There being no further business to come before Council, the meeting adjourned at 10:30 A.M. City Cle l Mayor