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HomeMy WebLinkAboutMinutes-01-22-63-Regular Meeting1597 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 22ND, 1963 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 22, 1963, Mayor Ben Corbin presiding. PRESENT: Councilmen: Peavey, Skinner, Morton, Temple, Corbin ALSO PRESENT: Oren L. King, City Manager Royal M. Sorensen, City Attorney A. C. Gabriel, Director of Finance Ervin Spindel, Director of Public Works Sherman Griselle, Director of Planning Lee Leavitt, City Engineer Ivan A. Robinson, Chief of Police Robert Gain, Fire Chief Don Robison, Sr. Administrative Assistant Della Doyle, City Clerk Alberta Pfeiffer, Deputy City Clerk Reverend Arthur Ihnen, First Presbyterian Church delivered the invocation. Mayor Corbin announced that this is the time and place set for the hearing on the abandonment of the Downey City Lighting District. The Mayor asked the City Clerk if she had the affidavit of publica- tion. The City Clerk replied she had the affidavit. Ordered received and filed. Mayor Corbin requested Mr. Spindel, Director of Public Works, to explain the purpose of this hearing and the abandonment of the Lighting District. It was stated that the old district will expire and the formation of a new zone is necessary in order to maintain and serve the lighting. Inasmuch as there were no written communications and no oral comments, it was moved by Councilman Skinner, seconded by Councilman Morton and passed by the following vote to close the hearing. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE ABANDONMENT OF THE DOWNEY CITY LIGHTING DISTRICT The resolution was read by title only. It was moved by Councilman Morton, 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. 1085 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None 1598 Mayor Corbin announced that this is the time and place set for the hearing on reinstatement of the Downey City Lighting District. The Mayor asked the City Clerk if she had the affidavit of publication. The City Clerk stated she had the affidavit. Ordered received and filed. There being no written and no oral protests or comments, it was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the hearing on the reinstatement of the Downey City Lighting District be closed. RESOLUTION NO. 1086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING CERTAIN LIGHTING FIXTURES AND APPLIANCES ON CERTAIN STREETS AND PUBLIC PLACES IN THE CITY OF DOWNEY TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND APPLIANCES FOR A PERIOD OF TWENTY YEARS ( DOWNEY CITY LIGHTING DISTRICT) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that further read- ing be waived. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote that Resolution No. 1086 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Peavey moved that the minutes of January 14, 1963 be approved. Councilman Morton wished the correction made to show that Councilman Temple suggested the use of school parking lots during peak shopping periods rather than himself. It was then moved by Councilman Peavey, seconded by Councilman Skinner and so ordered that the minutes of the meeting of January 14, 1963, be approved as corrected. The City Clerk reported on the following correspondence: (1) A letter was read in full from Willis R. Leach in appreciation of improvements on Cole Street. Ordered received and filed. (2) A letter from William R. Burry, 10637 Cassina Avenue, South Gate, requesting stop signs at Leeds and Ryerson. It was moved by Council- man Morton, seconded by Councilman Temple and so ordered to refer this matter to the Traffic Committee for study. (3) A report from the Industrial Development Committee. Ordered received and filed. (4) and (5) Letters from Mr. Chet Baldwin resigning from the Civic Development, Industrial Development and Transportation Committees due to his recent appointment as Governor - Nominee for Rotary International. It was moved by Councilman Peavey, seconded by Councilman Skinner and so ordered to accept the resignation of Mr. Chet Baldwin with regret. (6) The City Clerk read in full the letter from R. M. Tiffany requesting permission to appear before the City Council to discuss the placing of a sign in front of Standard Finance Company, 8600 E. Flor- ence, Downey, California. Councilman Morton suggested that a reply be sent to Mr. Tiffany from the City Manager. (7) A letter from the Downey County Water District demanding removal of all City employees from the offices at 8348 E. Second Street. Ordered received and filed. (8) A letter from M. A. Cotter from Indio regading the tree house on Rio Hondo Place. The City Attorney advised the possibility of vacat- ing that portion of the street was discussed but it appeared that would not be a reasonable solution by reason of the particular setup. The tree house is on City property. There may be an encroachment upon public property and Council would have the authority to authorize such encroachment. The City Attorney stated that if Council is desirous of so acting, it might consider a condition of "hold harmless" by the persons maintaining the facility. The City Manager reported that there is a form prepared which is a regular routine one. It was recommended that the City Manager investigate and report on liability insurance. (9) and (9a) Letters from Robert E. Stanner, 9807 Stamps Avenue and Melvin G. and Esther N. Decker in protest of A.D. #82, Stamps Avenue. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that these letters be held until such time as the public hear- ing is held on the assessment district. (10) The City Clerk reported on a petition protesting to the dis- tribution of the Southeast News so long as they are on strike, as litter on their property, requesting the City Council to take whatever action is necessary to alleviate this nuisance and to enforce the city ordinance. The City Attorney stated that if distribution of the newspapers is contrary to the Municipal Code, then there can be proper enforcement. A communication can be directed to the newspaper, directing the discontinu- ance of delivery of the paper and directing their attention to the section of the code dealing with handbills, under which a newspaper would be classified. A copy of the petition would also be in order to send to the newspaper office. The giving of the notice, however, is up to the citizens. The Chief of Police advised that the property owner could make a report at the Police Department, which would then be submitted to the District Attorney and be considered as a complaint. Mrs. J. R. Fields, 13003 Ibettson, stated that in their area, printers or someone representing them asked that the property owners sign cards requesting no further delivery of the newspaper, which many of them had done. James C. Cagle, 10441 Pico Vista Road, stated he represented over 1000 persons who requested the Southeast News to desist and cease from distribution of the paper to their homes. Samples of these cards were submitted to Council. He inquired what action Council might take to en- force their request. The Police Chief explained the standard procedures for any enforce- ment of the Municipal Code. It was again pointed out that the property owner is to make the request and then report to the police department where, in turn, it will be referred to the District Attorney for complaint. Francis Smith, 9925 Tecum Road, former employee of the Southeast News, presented cards which had been received by the Southeast News, 1599 1600 requesting they do not distribute the papers. This, he stated, was in addition to numerous telephone calls requesting this. The petition was ordered received and filed. (11) The City Clerk reported a petition was received relative to a drainage problem on Cabell Avenue. Councilman Skinner recommended the matter be referred to the City Manager for investigation, possible field trip and report. The City Manager advised that the matter had been looked into and he requested Mr. Spindel to give a brief report, which was to the effect that an estimate is being prepared for the cost for improving this area and an analysis would show that over the years, it would save the City money to improve this area. (12) A claim from Dr. Edwin Eliot for an accident occurring at 8349 E. 6th Street due to an unrepaired curb, caused by damaging tree roots. It was recommended that the matter be denied and referred to the City's insurance carrier and to the City Attorney. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that the claim of Dr. Edwin Eliot be referred to the City's insurance carrier and the City Attorney. ORDINANCE NO. 220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9107 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 76, ZONE CHANGE NO. 93) The ordinance was read by title only. It was moved by Councilman Skinner, seconded by Councilman Peavey and so ordered that further read- ing be waived. It was moved by Councilman Skinner, seconded by Councilman Peavey and passed by the following vote that Ordinance No. 220 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ASCERTAINING THE GENERAL PREVAILING RATE OF PER DIEM WAGES TO BE PAID UPON PUBLIC WORK WITHIN THE CITY 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 Morton and passed by the following vote that Resolution No. 1087 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1088 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 (FIFTH STREET) The resolution was read by title only. It was moved by Council- man 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 Resolution No. 1088 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1089 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 ( DOWNEY AVENUE) 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. 1089 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING A CONTRIBUTION BY THE CITY IN THOSE CERTAIN ASSESSMENT DISTRICT PROCEEDINGS PURSUANT TO RESOLUTION OF INTENTION NO. 1077. (ASSESSMENT DISTRICT NO. 81 - IZETTA AVENUE) The resolution was read by title only. 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 Skinner and passed by the following vote that Resolution No. 1090 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE POSITION OF SUPERVISOR FRANK G. BONELLI IN OPPOSITION TO THE M.T.A. SUBSIDY The resolution was read by title only. 1601 16012 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. 1091 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS -327 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 ( #22567 - #22903 $92,744.74) (Payroll) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that further read- ing be waived. It was moved by Councilman Skinner, seconded by Councilman Temple and passed by the following vote that Resolution No. WS -327 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS -328 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 ( #9293 - #9334 $20,336.47) 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 Peavey, seconded by Councilman Morton and passed by the following vote that Resolution No. WS -328 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None After a summation of bids for award for the purchase of a street sweeper, it was recommended by Mr. Spindel, Director of Public Works, that the bid be awarded to the lowest and best bidder, Mobile, in the amount of $11,349.94. It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote to award the bid for the purchase of a street sweeper to the lowest and best bidder, Mobile, in the amount of $11,349.94, and reject all other bids. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Skinner, seconded by Councilman Peavey and passed by the following vote that Zone Case #89 (Vernon Blythe) be held under submission. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Manager reported on the following items. Incidental costs for A.D. #71, Donovan Street, will amount to $3,000 additional than that which was authorized formerly by Council; therefore, it was recommended that an advance of $3,000.00 be authorized by Council for the balance of the $4,000.00 expense for incidental costs in order that the plans and other procedures may be carried through to completion in this assessment district. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to authorize an additional advance of $3,000 for the balance of incidental costs for A.D. #71, Donovan Street. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Inasmuch as the City Council has proposed to contribute an amount equal to the estimated incidental costs of Eucalyptus Street, A.D. #79, which was in the amount of $4190.73, it was recommended that a portion of this contribution in the amount of $2500.00 be transferred from the Operat- ing Reserves to Account #14370; the balance of the contribution to come from budgeted engineering funds. It was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote to authorize the following transfer of funds as outlined above: AMOUNT FROM TO $2,500.00 . Operating Reserves A/N #1470 AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was requested by the City Manager and the Director of Public Works that Council authorize and approve one additional Maintenance Man No. 1, Pay Schedule #12, $393, effective February 1, 1963, if possible, for the maintenance and operation of Firestone Boulevard planting or landscaping. In addition to operation of the sprinklers, there will be some isolated trees which will have to be watered by hand. It was stated that the Director of Public Works had been previously authorized to make a study toward extending planting eastward to the San Gabriel River in the future. Councilman Skinner suggested that a study be made as to the cost of automatic shutoff on a time lock of the sprinkler system for Firestone landscaping. RESOLUTION NO. 1092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE PERSONNEL SCHEDULE OF THE 1962 -63 PUBLIC WORKS DEPARTMENT BUDGET 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 Morton, seconded by Councilman Temple and passed by the following vote that Resolution No. 1092 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None x£03 1604 The City Manager announced that the Superior Court Judges have set an official hearing for the location of the Superior Court of the Southeast District for 10:00 A.M., Friday, February 1, 1963, in the Superior Court Building. All Councilmen were urged to attend this session which will allot 40 minutes to each City's presentation. The annual State City Manager's Conference will be held in Monterey on February 13 -15 was reported by Oren King. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to authorize the City Manager to attend the State City Manager's Meeting in Monterey February 13 -1t with all reasonable and necessary expenses paid. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Sherman Griselle, Director of Planning reported that the Compre- hensive Plan will go to the Planning Commission the latter part of February after which time hearings will be set. A report concerning the Freeway landscaping was presented by Mr. Griselle who recommended changes to the Downey Municipal Code which were considered necessary to comply with the requirements of the State Highway Department. If such changes are to be considered by Council, it will need to be set for hearing before the Planning Commission with a report back to Council. Mr. King stated this matter arose as the result of a communication from Sacramento for allocation of funds for land- scaping Santa Ana Freeway and that the changes to the code would be minor changes. It was moved by Councilman Temple, seconded by Councilman Morton and so ordered to refer the above matter to the Planning Commission for the initiation of proceedings relative to an amendment to the zoning ordinance. Another report was submitted to Council by Mr. Griselle relative to a study of height limits in M zones. It is the decision of the Planning Commission that the height limits in the M zones should not be deleted, but that in the M -1 and M -2 zones no building or structure shall exceed three (3) stories or forty -five feet (45') in height, whichever is the lesser, except that a greater height and additional stories shall be permitted when the portion of any building in excess of forty -five feet (45') in height is set back from the lot lines or required yards one foot (1') in height. Mr. Griselle stated that no one appeared before the Plan- ning Commission for or against a change in such height limits. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered that Council study the proposed amendment to the municipal code relative to height limits in M zones. Councilman Skinner wished to compliment the Department of Public Works on its efficiency in responding to conditions where hazards exist, specifically the corner of Brookshire and Dolan Avenues. The City Attorney reported he had a Joint Use Agreement between the City of Downey and the Southerh California Gas Company which involved acqui- sition of the necessary rights of way relative to A.D. #10. It was recom- mended that Council authorize execution of this agreement. It was moved by Councilman Temple, seconded by Councilman Morton and passed by the following vote to authorize the Mayor to execute the Joint Use Agreement between the City of Downey and the Southern California Gas Company. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: Nom ABSENT: 0 Councilmen: None Robert Essig, Downey Chamber of Commerce Beautification Com- mittee Chairman, requested the support and consent of the Council to conduct a city -wide contest for selection of a City flower. An outline of contest procedures was submitted to the City Clerk. Councilman Morton stated that he was in attendance at the Chamber meeting when the matter of the selection of the City flower was pro- posed and that he thought it was a good idea. It was moved and passed by the for selection of AYES: 5 NOES: 0 ABSENT: 0 by Councilman Morton, seconded by Councilman Temple following vote that the City endorse the program a City flower. Councilmen: Skinner, Peavey, Morton, Temple, Corbin Councilmen: None Councilmen: None Mr. Essig stated this project would be accomplished by volunteer service organizations and by the Chamber's contribution and efforts. Councilman Skinner stated that relative to the report from the Citizens Tax Committee, he also opposes the 1� gasoline tax. The City Manager read the report in full from the Citb--ns Tax Committee. Councilman Peavey stated he would support their recommenda- tion and request to advise local representatives of the State Legislature, if the phrase would be omitted regarding the 100% matching funds. It was moved by Councilman Peavey, seconded by Councilman Terqple and passed by the following vote to authorize endorsement of the 1� gasoline tax without matching funds from the City, with submission of the recommendation to State Legislators of California cities. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Peavey requested a status report on assessment district on Regent View Avenue. Mr. Spindel reported the preliminaries are al- most finished and this project is very high on the priority schedule for construction sometime in the summer. The next stage is the setting of a public hearing on the Resolution of Intention. Councilman Morton commended the prompt action on the part of the Public Works Department relative to a broken sidewalk which was repaired the day after the matter came to their attention. The neighborhood, he reported, expressed its appreciation and to the Council as well in not only doing a good job but a timely job. The citizens appreciated Mr. King's and Mr. Spindel's going by as rapidly as they did to investi- gate the situation. With regard to the water situation, Councilman Morton stated he feels there is a misunderstanding on the part of some persons, particularly the water directors, concerning the objective of the City.... exactly what the objective ks; its "underhanded tactics" -- "gestapo technique " -- termed by Councilman Morton as "hogwash ". The objective has been that the City have a unified water program within the City of Downey. Looking at the map in the Council Chamber, there are many citizens in need of a uniform water system. It would help if it be made known to the citizens and some of the fire problems with regard to the water situation were explained. As it presently exists, there are 12 or 13 different water companies; this brings different pressures, different maintenance problems and some equipment which is badly in need of repair. Not taking over the Downey County Water Company in order to be in the water business. There is no ulterior motive. If the citizens need this service, Council should move as rapidly as possible. Councilman Temple stated he feels the move by the City in taking over the Downey County Water Company facilities was a good and straight- forward one. He also stated that other districts are of a mind to do the same thing. Councilman Temple reported there is a bill being introduced in the State Legislature concerning partisan statements on a Board of Super- visor's election, and on down the line to even city councilmen, to which Council should be opposed. The City Attorney reported that Bud Carpenter has made a statement expressing the League of California Cities' opposition to this bill. The City Attorney reported the Downey County Water Company has effected a temporary restraining order issued by the Court, and that the Court would determine whether or not an injunction pending trial is in order. Last Friday, reported the attorney, a Notice of Motion asking the Court to order the issuance of a Writ of Execution which would author- ize the sheriff to deliver into the possession of the City, the properties formerly the Downey County Water District. This hearing is set for the coming Friday. The Writ issued to the sheriff would not be affected by the restraining order. Since there are two conflicting orders of the court, it is not clear at this time what the outcome will be. City forces already have been instructed to depart from the offices of the Downey County Water Company and have complied with the restraining order. The City Attorney is opposed to the,issuance of any further order and the matter will be argued in court. As there was no further business to come before the City Council, "ft the meeting adjourned at 9:45 A.M. City Cle 0 " g � �,2 - Z�,, Z� - Mayor i 16