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HomeMy WebLinkAboutMinutes-01-14-63-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 14TH, 1963 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., January 13, 1963, Mayor Ben Corbin presiding. PRESENT: Councilmen: Peavey, Skinner, Morton, Temple, Corbin ALSO PRESENT: Oren L. King, City Manager Royal M. Sorensen, City Attorney Sherman Griselle, Director of Planning A. C. Gabriel, Director of Finance Ervin Spindel, Director of Public Works Lee Leavitt, City Engineer Don Robison, Sr. Administrative Assistant Robert DeSio, Administrative Assistant Robert Gain, Fire Chief Tom Nudson, Asst. Director of Building & Safety Ivan A. Robinson, Chief of Police Della Doyle, City Clerk Alberta Pfeiffer, Deputy City Clerk Reverend Curtis E. Puryear of the Immanuel Baptist Church delivered the invocation. Mayor Corbin announced that this is the time for a number of presenta- tions. "'" Brownie Troop #1789 of the Alameda School in the Alameda District presented a check for the purchase of a Bird of Paradise for planting on Firestone Boulevard in order to help the community in beautifying this portion of the City of Downey. Mayor Corbin accepted the check with thanks and stated perhaps a plaque to show this donation by Brownie Troop #1789 could later be in- stalled. It was moved by Councilman Skinner, seconded by Councilman Peavey and so ordered that the check from Brownie Troop #1789 be accepted. In the absence of Jack Kolbo, President of the Kiwanis Club, Bill Kemper, Chairman of the Agricultural and Conservation Committee presented a check in the amount of $256.00 for the purpose of beautifica- tion of landscaping Firestone Boulevard. It was moved by Councilman Skinner, seconded by Councilman Peavey and so ordered to accept the check from the Kiwanis Club. It was announced by the City Manager that the groundbreaking ceremonies on Firestone Boulevard is to be held on Tuesday at 2 :00 P.M. Mayor Corbin then presented a certificate of merit to the Junior Auxiliary of the Junior Woman's Club and commended them for their out- standing community service and civic betterment by domation for books to the City Library. The Mayor thanked the Junior Auxiliary on behalf of the City of Downey. Mayor Corbin then presented a scroll to Alvin Meyer, the young man who was responsible for the design of the Downey Rose Float which won first prize in its classification. Alvin Meyer was commended and con- gratulated for his artistic achievement. Y x.58© The Mayor announced that this is the time and place set for the hearing on Planning Resolution #76, Zone Change #93, Borneman /Prichard Street for a proposed change of zone from A -1 to R- 1/5000. Mr. Griselle presented a resume of the case and stated that the Planning Commission recommended this zone change. Leslie Olson, 10022 Tristan Dr., Downey, representing applicant in Zone Case #93, outlined the reason for the request for the zone change. As there were no persons speaking in opposition, it was moved by Councilman Skinner, seconded by Councilman Morton and passed by the following vote that the hearing on Planning Resolution #76, Zone Change #93, Borneman /Prichard Street be closed. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen; None ABSENT: 0 Councilmen: None ORDINANCE NO. 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 Temple, seconded by Councilman Morton 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 the ordinance be introduced. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Mayor announced that this is the time and place set for the hearing on Assessment District #59 assessments, Blodgett Street. The Mayor inquired if the City Clerk had the affidvaits of publica- tion and posting. The City Clerk replied she had the affidavits. It was moved by Councilman Temple, seconded by Councilman Morton and so ordered that the affidavits be received and filed. Mayor Corbin inquired if there was any written correspondence relative to this hearing on Assessment District #59, Blodgett Street. The City Clerk replied she had none. The Mayor inquired if there was anyone wishing to speak in favor of in opposition to the matter. No one came forward. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that the hearing on the assessment in Assessment District No. 59, Blodgett Street, be closed. RESOLUTION NO. 1074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF BLODGETT AVENUE AND OTHER STREETS (AD 59) The resolution was read by title only. 1501 , It was moved by Councilman Skinner, 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. 1074 be adopted. AYES: 5 Councilmen: Skinner, Peavey, 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 Council Meeting held on December 26, 1962, be approved as written. The City Clerk reported on the following written correspondence: (1) A letter from the Downey Chamber of Commerce relative to drive -in ordinance, requesting a delay in any further action on this pro- posed ordinance for six months, and the formation of a study group to review the situation from time to time. Ordered received and filed. (2) A letter from the First Baptist Church protesting adoption of the proposed ordinance relative to the parking of unlocked cars. Ordered received and filed. (3) A letter from the National Safety Council in appreciation of the cooperation of the City of Downey in the promotion of safety during the Christmas season. Ordered received and filed. (4) A letter from the Downey Chamber of Commerce submitting their December report and financial statement for November. Ordered received and filed. (5) A letter from the County of Los Angeles Road Department was read in full by the City Clerk relative to assistance requested from the City of Downey for sidewalks to be installed on Old River School Road, west side, from Quill Drive northerly. It was reported through copy letter to Supervisor Frank G. Bonelli that the matter has been referred to the Director of the County Department of Parks and Recreation who indicated his Department is considering the improvement in connection with its 1963 -64 Budget request and shall submit a report at a later date accordingly. The City Manager stated this will be followed through. Ordered received and filed. (0) A letter from the City Attorney, Royal M. Sorensen, regarding the lawsuit of Bleamaster vs. City of Downey, which indicated he does not rec- ommend approval of any of the basis of settlement as set forth; however, he does feel the matter would justify some consultation with Council so that he could make an appropriate reply to the court relative to the ability or inability to reach a compromise on the litigation. Mr. Sorensen reported that subsequent to his letter, the court rendered a decision awarding to Bleamasters the amount of $50.00. An original settlement figure had been set at $1500.00. The letter was ordered received and filed. (7) A financial report for the first quarter, July 1, 1962 through September 30, 1962, from the Downey Civic Chorus. Ordered received and filed. (8) A letter from Supervisor Bonelli relative to his opposition of the MTA taxing power. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered to approve the stand taken by Supervisor Frank G. Bonelli in opposing the MTA taxing power, and directing the City Attorney to prepare the appropriate resolution for adoption at the next Council Meeting. �.. (9) A post card from Mrs. Paul Wilson in appreciation of the fine Christmas Display on the front lawn of the Downey City Hall. Ordered received and filed. Mayor Corbin stated he was very proud of the display and felt it was a very worthwhile project of the Downey Ministerial Association. (10) A letter from the City Attorney submitting two motions for consideration of Council relative to Zone Change Case #89 (Vernon Blythe). The City Attorney reported that the matter had been taken before the Planning Commission, who recommended denial of the zone change. An appeal followed and a subsequent public hearing was held in September before the City Council. After the hearing, the City Council took the matter under submission, then recommended that the decision of the Planning Commission be denied and the zone changed. It was then referred back to the Planning Commission for the routine report back to Council. In its report, the Planning Commission stated that it believed that it would support its original position in denial of the zone change. A motion by Council was made to adopt the ordinance with a tie vote of 2 to 2. The matter contin- ued under submission. The motions as submitted in the City Attorney's letter, he stated, are so that the City Council either may make the proper findings supporting the zone change or the proper motion denying the zone change; also, an ordinance to effect the zone change has been drawn up, should Council be of that mind. It was moved by Councilman Peavey, seconded by Councilman Skinner and so ordered that Zone Change Case #89 (Vernon Blythe) be held over until the next meeting. (11) A letter from .Square and Compass Building Association, Inc., relative to the Masonic Building, stating the requirements set forth to them in a letter of November 13 had been complied with and that they are in the process of obtaining an architect for either rebuilding on the present site or at a different site. A request was made for an extension of time, if necessary, to continue with their plans for rebuilding. Mr. Nudson, Assistant Director of Building and Safety, reported on the status of the Masonic Building as outlined in the letter from the Square and Compass Building Association. The letter was ordered received and filed. (12) A petition protesting the removal of a tree house-of long standing on Rio Hondo Place on the City right of way. Mr. King reported this matter had been turned over to the proper department for investigation and a report would be brought back to Council at its next meeting. The City Clerk reported she had received a letter of appeal to Zone Exception Case #348, with the required $50.00 deposit, filed by Mr. L. L. Young. Mr. Griselle reported that this is a zone exception for the Grace Church on the south side of Quill, just west of Paramount Boulevard. Mr. Young is the property owner just west of the church and there are certain phases of the Planning Commission's approval with which he disagrees. The matter will need to be set for a hearing before Council, according to Mr. Griselle. It was moved by Councilman Temple, seconded by Councilman Morton and so ordered to set the appeal hearing in Zone Exception Case #348 for 7:30 P.M., February 11, 1963, in the Council Chamber of the Downey City Hall. 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 Speaking for and against the proposed drive -in ordinance were the following persons: Mr. Clarence Hunt, Attorney representing MacDonald's Drive -In Mr. Victor Eppurt, 3600 Wilshire, Attorney for the U.S. Restaurant Owners Association Mr. R. M. Bargman, 7402 Third Street, Downey Joe Horton, 9552 Cecilia, owner and operator of the Circle Drive -In, Stewart and Gray Rd., Downey Mr. Robert M. Riley, representative of the Southern California Restaurant Association, Inc., and the California State Restaurant Association, Inc. Lyle V. Williams, 7339 East Florence Avenue, Downey Mr. Harold P. Hogarth, 7428 E. Third Street, Downey Mr. Paul Bateman, 7512 Second Street, Downey Mr. Leonard Owen, 7419 Firestone Place, Downey Mary Hogarth, 7428 E. Third Street, Downey Mr. Richard Hineforth, owner of the A & W Drive -In in South Gate Audrey Bargman, 7402 E. Third Street, Downey Councilman Peavey remarked at this point that he is ready to vote on the ordinance. Speaking further relative to the drive -in ordinance. Mr. John Ezzell, 7916 E. Fourth Place, Downey Joe Horton, 9552 Cecilia, Downey Councilman Peavey inquired of Mr. Ortner, owner of Harvey's Broiler, whether, if the City Council is to hold this ordinance, would he close his drive -in at 2:00 A.M. Representing Mr. Ortner, Mr. Eppurt replied that he could not say that Mr. Ortner would do this as, in effect, this would be an acquiesence. Councilman Peavey remarked that he believes the people in that area have been long- suffering and that this ordinance Could only close the drive -in portion of the restaurant. Other businesses become regulated when it becomes necessary for them to be, and the Councilman stated that he is ready to vote on the ordinance. Councilman Skinner requested that the attorney review the closing hours as stated in the proposed ordinance. Councilman Morton stated that he is sympathetic to Mr. Peavey's comments, and it seems that there is very definitely a problem. He is not impressed by the fact that Mr. Ortner is paying out of his pocket for two private patrolmen. This problem has to be resolved. He stated that he believes strongly in free enterpries -- legislation does not always solve problems. He does not think people can always solve problems with the approach of going to the legislature and asking for legislation, when they have in their own hands the power to solve these problems. They seem to be building up laws and laws and laws, and he does feel that they go per- haps too far. The matter needs more study -- 3 or 4, perhaps 6 months' time to see whether these recently passed two ordinances, if given time, would tell if they are to be effective. He is in favor of extending this on for another 6 months' study. ;_.1 Councilman Temple stated he would like to agree with Mr. Morton and admitted there is some relief since the passing of the other two ordinances. He feels it is only fair and satisfactory to go along on the 6 -month period, and it may be less -- to decide the matter. Mr. Temple stated perhaps some control could be placed on parking, or some charge levied for parking on drive -in lots for service or otherwise. Councilman Skinner stated that he feels there has to be a lot of cooperation on this matter. It was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote to take the matter under further sub- mission; that the proposal of the Chamber of Commerce be accepted; and that the City designate a member to serve on a study committee. AYES: 3 Councilmen: Morton, Temple, Corbin NOES: 2 Councilmen: Skinner, Peavey ABSENT: 0 Councilmen: None Mayor Corbin appointed Mr. Hogarth on the committee. Councilman Skinner appointed Mr. John Ezzell. Mayor Corbin suggested that each councilman appoint one member to serve. Councilman Peavey appointed Mr. Bishop and Mrs. Owens. Councilman Temple appointed Mr. Joe Horton: Councilman Morton asked for volunteers fro m District #4. Mr. Landin, co -owner of MacDonald's Drive -In volunteered. Charles "Red" Barrett was asked to serve. It was suggested by Mr. Barrett, Manager of the Downey Chamber of Commerce, that a representa- tive be designated from the school district, police department and that Mr. Springer appoint for the Chamber. The Mayor declared a 5- minute recess at 9:20 P.M. Council reconvened at 9:30 P.M. ORDINANCE NO. 216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 4130 RELATING TO REGISTRATION OF GUESTS IN HOTELS, LODGING, AND ROOMING HOUSES The ordinance 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 Ordinance No. 216 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None 1585 ORDINANCE NO. 217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3185 OF THE DOWNEY MUNICIPAL CODE BY ADDING THERETO A NEW SUB - SECTION RELATING TO PARKING OF UNLOCKED MOTOR VEHICLES The ordinance 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 Ordinance No. 217 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. 218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 7166.2, 7169, 7170, 7171 AND 7172 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO OVERHEAD STRUCTURES The ordinance 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 Morton, seconded by Councilman Temple and passed by the following vote that Ordinance No. 218 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. 219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE ORDERING THE CHANGES IN THE ACQUI- SITION AND IMPROVEMENT FOR VEHICLE PARKING DISTRICT NO. 1 OF SAID CITY AND THE AMENDMENT OF ORDINANCE NO. 198 OF SAID CITY COUNCIL (AD 66) The ordinance 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 Ordinance No. 219 be adopted. AYES: 4 Councilmen: Skinner, Morton, Temple, Corbin. NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilman: Peavey abstained since he was not in the City at the time of the first reading of the ordinance. ��586 RESOLUTION NO. 1075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE PROFILE AND IMPROVEMENT PLAN AND SPECIFI- CATION FOR THE IMPROVEMENT OF IZETTA AVENUE AND OTHER STREETS IN THE CITY OF DOWNEY (AD4,81) 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 Skinner, seconded by Councilman Temple and passed by the following vote that Resolution No. 1075 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING MAP OF ASSESSMENT DISTRICT FOR THE IMPROVE- MENT OF IZETTA AVENUE AND OTHER STREETS IN THE CITY OF DOWNEY (AD #81) The resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Peavey 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. 1076 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO IMPROVE IZETTA AVENUE AND OTHER STREETS IN THE CITY OF DOWNEY, DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, 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 #81) 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. 1077 be adopted, setting a public hearing for 7:30 P.M., February 11, 1963, thereon, 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. 1078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE A PORTION OF FARM STREET AND MYRTLE STREET AS SHOWN ON TRACT NO. 21227 The resolution was read by title only. Mr. Spindel was asked to give a resume on the reasons behind this vacation of Farm and Myrtle Streets. It was reported that this was known as the Lucci Tract. It was moved by Councilman Skinner, seconded by Councilman Temple that further reading be waived. It was moved by Councilman Skinner, seconded by Councilman Peavey and passed by the following vote that Resolution No. 1078 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The above resolution set a public hearing for 7:30 P.M., February 11, 1963, in the Council Chamber of the Downey City Hall, on the Resolution of Intention to vacate Farm Street and Myrtle Street in Tract No. 21227. It was also reported that the new owners of the above - mentioned property have requested a zone change, #94, to reverse to acreage, and that it is best to consider these two actions simultaneously. RESOLUTION NO. 1079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING "HIGHWAYS THROUGH CITIES" COUNTY AID FUNDS ON BROOKSHIRE AVENUE, ET AL. 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 Temple, seconded by Councilman Peavey and passed by the following vote that Resolution No. 1079 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO.,1080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE EXPENDITURE OF COUNTY AID TO CITIES FUNDS FOR IMPERIAL HIGHWAY WITHIN THE CITY The resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Temple and so ordered that further read- ing be waived. It was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote that Resolution No. 1080 be adopted. AYES: 5 Councilmen: Peavey, Skinner, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None 15137 RESOLUTION NO. 1081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF BERT P. DU MARS AS A MEMBER OF THE PERSONNEL ADVISORY BOARD The resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Temple and so ordered that further read- ing be waived. It was moved by Councilman Morton, seconded by Councilman Skinner and passed by the following vote that Resolution No. 1081 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton stated that he deemed it a privilege to reappoint former Councilman Giddings' appointment from District #4, Bert Du Mars, to the Personnel Advisory Board, as he has been doing such an excellent job; and he commended Mr. Du Mars on the very complete, informative personnel report submitted by him at budget time for 1962 -63. RESOLUTION NO. WS -325 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 ( #22224 - #22566 $94,216.53) (Payroll) The resohidon 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 Temple and passed by the following vote that Resolution No. WS -325 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS -326 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 ( #9133 - #9292 $98,214.72) The resolution was read by title only. It was moved by Councilman Peavey, seconded by Councilman Skinner 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 -326 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None After a summation of bids for Cash Contract No. 85, Parking Lot No. 3, adjacent to the Downey Chamber of Commerce, it was recommended that the low bid submitted by W. R. Wilkinson, with the condition that the work be performed in 20 days instead of 15, as stipulated in the contract w • � r ' r R. J documents, be disqualified, and that the bid be awarded to the second lowest and best bidder, J. W. Tiedeman Company, in accordance with the unit prices of his proposal submitted. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote to award the bid for Cash Contract No. 85, Parking Lot No. 3, adjacent to the Downey Chamber of Commerce, to the second lowest and best bidder, J. W. Tiedeman Company, in the amount of $7,897.22, and that all other bids be rejected. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None On Cash Contract No. 92, the resurfacing of Downey Avenue, Florence Avenue, Clark Avenue and Dos Rios Road, it was reported that the con- tractor has asked for an extension of time of 7 working days. The reason for this request is not a valid one for the extension of time; however, since at such time that the construction was commenced, the contractor did proceed diligently and rapidly, and completed the work in a satis- factory manner, it is recommended that the extension of time be granted, and liquidation damages be waived. It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote to approve the extension of time of 7 working days to the contractor for Cash Contract #92, resurfacing of Downey Avenue, Florence Avenue, Clark Avenue and Dos Rios Road, and that the work be accepted and Notice of Completion filed. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was reported that the work required of the contractor on Cash Contract No. 76 -A, including widening and improvement of certain streets located on Telegraph Road, Paramount Boulevard, Stewart and Gray Road, Imperial Highway and Woodruff Avenue, has been satisfactorily completed. It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote to approve final acceptance of the work completed under Cash Contract #76 -A and Notice of Completion be filed. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was reported that in the construction plans for the improvement of Woodruff Avenue southerly of Firestone Boulevard there was included the construction of a block wall along one of the properties located at 11215 Woodruff Avenue. The reconstruction of this wall was a condition agreed upon by the City for the acquisition of additional right of way. The owner has now requested that in lieu of the City's constructing the block wall under its contract, the money in the estimated amount of $510.00 be given to the property owner for this construction. The Director of Public Works, Ervin Spindel, recommended that this payment be made to Marie Aluis, 11215 Woodruff Avenue. It was moved by Councilman - Peavey, seconded by Councilman Skinner and passed by the following vote to approve payment of $510.00 to Marcie Aluis, 11215 Woodruff Avenue, for the construction of a block wall in conjunction with Cash Contract #52, Gas Tax Project #9 - Woodruff Avenue, subject to the approval of the City <Attorney. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None 1590 a _ The Director of Public Works reported that plans and specifications have been completed for the remodeling of the ladies' restroom in the City Hall at an estimated cost of $7,000.00 and therefore requested authority to advertise for bids. It was moved by Councilman Peavey, seconded by Councilman Temple �— and so ordered that plans and specifications be approved for the ladies' restroom, Cash Contract #93, and authority be granted to advertise for bids. An extension of time of 4 working days because of inclement weather conditirns, and because of water problems within the area on Assessment District No. 22, Duesler Lane Sewer Construction was requested by the contractor. As the request is valid, it is recommended by the Director of Public Works. Also, as the work has now been completed, it was rec- ommended that the construction be accepted. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that an extension of time of 4 working days be granted the contractor on Assessment District #22, Duesler Lane sewer construction, and that the improvements be accepted and notice of completion be filed. Mr. Spindel, Director of Public Works, submitted a report as requested by the City Council at the meeting of December 26, 1962, for investigation of construction of sidewalks throughout the City. In some instances where sidewalk construction was a minor item with other improvements in other contracts in the City, they were paid in full by the City for right of way acquisition. In other instances the sidewalks were paid in full by the adjacent property owners benefiting. In all cases, however, the engineer- ing and other incidental costs of construction were paid for by the City. It was suggested that Council further consider the City's absorption of engineering and incidental costs to proposed Assessment District #81, Izetta Avenue, at an estimated amount of $3,600.00. It was moved by Councilman Skinner, seconded by Councilman Peavey and passed by the following vote that the City absorb engineering and incidental costs for sidewalk construction in conjunction with Assessment District #81, Izetta Avenue, in the estimated amount of $3600.00. 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 to approve the transfer of.funds in.the amount of $3,600.00 from the proper accounts for the above mentioned costs in con - junction with Assessment District X81, Izetta Avenue. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was suggested by City Manager, Oren King, that a definite program be included in the coming year's budget for a definite process in improving the City through installation of sidewalks and a little better way of programming for the safety of school children. This was in response to a suggestion by Councilman Dorton. It was recommended by Councilman Peavey that a priority be set up in the budget for next year. X591 It was reported by Mr. Spindel that a petition signed by 83% of the owners of property in the area of Stamps Avenue and Gainford Street has been filed requesting that the area be improved through assessment district proceedings by construction of curbs, gutters and water mains. The estimated cost for the completed project is $57,500.00. It was moved by Councilman Temple, seconded by Canr -ilman Morton and passed by the following vote to authorize the Department of Public Works to proceed with the necessary engineering. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Morton and passed by the following vote to authorize retaining the firm of Burke, Williams & Sorensen to prepare the necessary legal documents. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote to authorize the advancement of $14,000 . until incidental costs are recovered from the contractor. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: Norte ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Morton and passed by the following vote to set public hearings for Planning Resolution #77, Zone Case #94 and Planning Resolution #78, Zone Change Case #95, to be held at 7:30 P.M., February 11, 1963, 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 The City Manager presented an option on the purchase of a lot at 8139 East Second Street west of Myrtle Street which is to be acquired for municipal purposes (court buildings) at the cost of $7,900.00, requesting authority to enter into escrow for this purpose. Mayor Corbin turned the gavel over to Mayor Pro - Tempore Hollis M. Peavey and absented himself from the Council Chamber. It was moved by Councilman Skinner, 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 8139 East Second Street. AYES: 4 Councilmen: Skinner, Peavey, Morton, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Corbin It was moved by Councilman Skinner, seconded by Councilman Temple and passed by the following vote to authorize the following transfar of funds for purchase of property at 8139 East Second Street and escrow costs: AMOUNT FROM TO $8,000.00 Unappropriated Reserves 9- 2000 -671 AYES: 4 Councilmen: Skinner, Peavey, Morton, Temple NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Corbin 1592 Mayor Corbin returned to the Council Chamber and resumed the Chair. Mr. A. C. Gabriel, Director of Finance, reported on the leased park- ing lots the City operates, indicating that there was a $300.00 profit on the two lots for the preceding year. These leases are now due for renewal. It was moved by Councilman Peavey, seconded by Councilman Temple and so ordered that the lease agreements with Square and Compass Building -- Association, Inc. and Everett Jay and Helen Baker be renewed and the Mayor authorized to sign the agreements. It was reported by the Director of Finance that bids were recently obtained for the demolition and removal of buildings located at 8130 East Third Street, Downey. After a summation of these bids, it was recommended that the bid be awarded to the lowest and best bidder, J. H. Walker, in the amount of $969.00. It was moved by Councilman Peavey, seconded by Councilman Temple and passed by the following vote that the bid for demolition of buildings at 8130 East Third Street, Downey, be awarded to the lowest and best bidder, J. H. Walker, in the amount of $969.00, 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 Peavey, seconded by Councilman Temple and passed by the following vote to authorize the following transfer of funds for the above - mentioned project. AMOUNT FROM TO $1,000.00 Operating Reserves 9- 2130 -381 AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Director of Public Works recommended that the City Council accept the improvements on Arrington Avenue and Florence Avenue by construction of sewers and accept maintenance thereof. It was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote to accept the improvements completed under Downey Private Contract No. 8, sewers for Arrington and Florence Avenues, and maintenance thereof. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton, in reviewing the Traffic Bureau's Report, stressed always keeping in mind more and more sidewalks throughout the City; always encouraging them as much as they can; always more lighting districts. Councilman Temple suggested checking into the possibility of having school parking lots open at peak shopping times, and especially during the holiday shopping season. Councilman Skinner requested an investigation regarding the sewer problem brought up at the recent Industfial Development Committee meeting. Council Minutes - 1/14/63 Mr. Spindel stated that the Industrial forum comments were relative to capacity of sewers, future expansion industrially and commercially; high rise, etc. Councilman Skinner requested the report on the sewers in two or three months. A progress report from the City Manager was requested from Councilman Skinner regarding the Downey City Welcome Signs. Mr. Spindel reported that the contractor has been working on them and is soon to be finished. Councilman Skinner requested also that the study on Iowa Street in his district be continued and a report be ready as soon as possible. Councilman Skinner requested an investigation on the painting of numbers on curbs for residents and indicated that he would like to see the job given to students. The City Manager was requested to ascertain the amount of shelving needed for library books in the City Library and report it at the next meeting. The City Manager reported that the shelving is on order and delivery should be made very soon. Councilman Peavey remarked that he would like to see a drive for more street lighting throughout the City of Downey, and particularly at some intersections where it appears to be needed. He reported that 75 %of the burglaries are committed in these darkened areas and installation of proper street lighting would eliminate muchif this burglarizing. It was recommended by Councilman Peavey that the City proceed with a study for additional and complete street lighting throughout the City for the fiscal year. Councilman Peavey recommended an investigation of the extent to which the storm drains for civil defense shelters could withstand a bomb concussion; and would the bonbshelters be strong enough if a bomb did not come too close; is there adequate warning; and where would one go; how many can the shelters accomodate? The Councilman complimented the Civil Defense Committee on their studies made and stated that the matter warrants further study. Councilman Peavey remarked that he is against the proposed school tax increase. • Mayor Corbin congratulated Mayor Peavey on his recent appointment as President of the Mosquito Abatement District. Mr. Spindel reported that two bids were received on new street sweepers and that next Monday morning, January 21, 1963, a street will be designated for a demonstration - -a street upon which there would be numerous leaves. Councilman Morton suggested that 4 :00 o'clock P.M. would be a more convenient time for this demonstration. Chief Robinson of the Police Department announced that on Friday, February 1, at 2 :30 P.M., there will be a graduation ceremony from the United States Police Officers Academy and that other officers will start training there on February 4. Councilman Temple congratulated Police Chief Robinson for his appointment as third Vice President of the California Peace Officers Association. 593 15-94 The City Manager reported that the proposed siren system is being tested to see if it meets the requirements of O.C.D. and a report will be forthcoming soon as to the results of this test. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to authorize the improvements on the west side of Brookshire Avenue to Charloma Drive and that f unds be budgeted in the 1963 -64 Gas Tax Budget for this purpose. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None A letter from the Division of Highways and maps and information were referred to Mr. Spindel for a report to Council relative to the loca- tion of the Slauson Freeway. It was announced that a meeting will be held on Wednesday, January 16, relative to the proposed location of the Century Freeway. Mr. King also announced that 10:00 A.M. Tuesday, January 22, 1963, immediately following the Council Meeting, will be the groundbreaking ceremonies for Firestone Boulevard planting of parkways and that members of the Division of Highways,Chamber of Commerce and civic groups will be invited. Councilman Morton requested a progress report on the Comprehensive Zoning Ordinance from Mr. Sherman Griselle. Mr. Griselle replied that it would be ready at the next Council Meeting. The City Attorney stated that as the result of some quite recent dis- cussions relative to the status of the water company litigation, it was indicated that perhaps some resolutions should be adopted whereby the City would take over the operation as provided by the Judgment without waiting for the finalization of the details of the Judgment. As indicated to the Council, wherein there is a Judgment in effect which says that the Downey County Water Company was dissolved as of December 6, 1957, and that as of thatdate it became merged with the City; that all of the assets vested with the City; employees became employees of the City, and such other things that the City is aware of, and which Judgment attached certain conditions to the Judgment, the Water District attorneys appealed on the ground that there were not sufficient conditions attached. After their appeal, the City Attorney took an appeal on a condition that too much restriction was placed on the City's operation of the District. The Judgment, in the opinion of the City Attorney, is that it is basically a self- executing Judgment. It is the conclusion of the City Attorney that there may be some question; however, he still believes that the City is within an area where the City forces can take over the City forces. There seems to be a house divided - -one group in one location and another group in another location. He has prepared certain resolutions whith the Council may or may not be interested in adopting. These resolutions were outlined by the City Attorney. 1. The administrative staff assumes control of the Water District and a Water Fund is created. 2. Creates and establishes the Water Division in the Department of Public Works. Sets up positions, job titles and salaries as of January 15, 1963. 3. Rates. lips RESOLUTION NO. 1082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ASSUMING CONTROL AND MANAGEMENT OF THE CITY OF DOWNEY WATER SYSTEM The resolution was read by title only by the City Attorney who stated this resolution is to assume control and management of the City Water System. It was moved by Councilman Peavey, seconded by Councilman Morton and so ordered that further reading of the resolution be waived. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote that Resolution No. 1082 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CREATING A WATER DIVISION WITHIN THE DEPARTMENT OF PUBLIC WORKS The City Attorney read the title only stating this resolution is to create the Water Division. It was moved by Councilman Temple, seconded by Councilman Morton and so ordered that further reading of the resolution be waived. It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote that Resolution No. 1083 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING RATES FOR THE SERVICE OF WATER BY THE CITY, AND RULES AND REGULATIONS FOR THE SERVICE OF WATER BY THE CITY The City Attorney read the title only of the resolution, stating it is establishing of rates for the service of water by the City and rules and regulations for the service of water by the City. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that further reading of the resolution be waived. It was moved by Councilman Morton, seconded by Councilman Skinner and passed by the following vote that Resolution No. 1084 be adopted. 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 a request be made for a complete audit immediately of the books of the Downey County Water Company by the firm of Diehl -Evans and Associations. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None There being no further business to come before the Council, the meeting was adjourned by Mayor Corbin at 11:15 P.M. .CXx -�iJ City Cler I. Mayor 1596