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HomeMy WebLinkAboutMinutes-02-26-63-Regular MeetingX1'7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 26TH, 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., ^ February 26, 1963, Mayor Ben Corbin presiding. PRESENT: Councilmen: Skinner, Peavey, Morton, Temple, Corbin ALSO PRESENT: Oren L. King, City Manager Sherman Griselle, Director of Planning Ervin Spindel, Director of Public Works Lee Leavitt, City Engineer Ivan Robinson, Chief of Police Robert Gain, Fire Chief it Ray Lake, Director of Building and Safety Ed Powell, Purchasing Agent /Director of Civil Defense Don Robison, Sr. Administrative Assistant Della Doyle, City Clerk Alberta Pfeiffer, Deputy City Clerk The invocation was delivered by Reverend Al Johnson, Youth Pastor, First Baptist Church. Mayor Corbin called on Chief of Police Ivan A. Robinson for a special presentation. Chief Robinson stated it was his privilege to present one of his police officers, who, in his estimation, has done an act that, while as a police officer he would have done in the line of duty, even so had per- formed an act far and above the responsibility and duties of even a police officer. Chief Robinson read a letter of commendation from Richard Rogers, written to Angelo George Pappas, Badge #50, for his courage in line of duty involving a traffic collision. At 11:18 P.M. Officer Pappas was traveling south on Paramount Boulevard from Gallatin Road when he suddenly observed a flash of flames. He observed two cars involved, one of which was empty, and pulled the driver and four persons to safety from the other car involved. The flames, it had been reported to the police chief, were 30 to 50 feet high; therefore, Officer Pappas was dedicated enough to go in and risk his own life in order to save these 5 persons. Mayor Corbin presented a plaque of commendation to Officer Pappas for his heroic deed. Mayor Corbin announced that this is the time and place set for the public hearing on Planning Resolution #79 (Signs on Freeways). The Mayor inquired if the City Clerk had the Affidavit of Publication of Notice of Hearing. The City Clerk replied she had the affidavit. Ordered received and filed. Mr. Griselle, Director of Planning, gave a resume of the ordinance amendment which is a proposed amendment in the regulations of the zoning ordinance which refers to signs on freeways. The amendment involves slight modifications that the State Highway Division requested in order that they may proceed with ornamental landscaping. Mr. Griselle read the State High- way Division's letter which stated this modification in the zoning ordinance would meet their requirements. A hearing on this matter had been held before the Planning Commission and there were no protests to this change. Mr. King reported that he and the Mayor had made a field trip in the area and had found only one sign near the east city limits which advertises a housing development in the City of Dairy Valley that would be affected. Council Minutes 2/26/63 -1- 1618 There being no oral and no written protests or communications, it was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the hearing on Planning Resolution #79 (Signs on Freeways) be closed. After discussion, the City Clerk read the title of the following ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9126.41 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 79 - SIGNS ON FREEWAYS) 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 the ordinance be introduced. 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 Temple and so ordered that the minutes of the meeting of February 11, 1963, be approved as corrected. The City Clerk reported on the following written correspondence: (1) A letter of resignation from the Sister City Committee from Mrs. Louise E. Wheeler. Ordered received with regret and letter filed. (2) A letter from the Grace Baptist Church relative to Zone Exception #348. Since the letter related to an item to be considered later in the agenda, the letter was held until that portion of the meeting. (3) A letter from Del Covert relative to construction at 7924 Second Street, requesting relief from the 15' front yard setback requirements of the Downey Municipal Code. After discussion, it was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to grant the request for relief from front yard setback requirements and allow an 8' setback, provided the owner will dedicate the right of way. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None (4) A letter from Supervisor Frank G. Bonelli, accompanied by copy of a letter from N. H. Templin, Road Commissioner, relative to a request for funds for improvement of specified Master Plan highways within the City of Downey. A relative priority for each of the City's proposed highway improve- ment projects was read by the City Manager as follows: Downey Avenue - Florence to Gallatin Road Downey Avenue - Florence Avenue south to Cherokee Drive Brookshire Avenue - Imperial Highway to Donovan Street Imperial Highway - Paramount Boulevard to Downey Avenue Bellflower Boulevard - Imperial Highway to Foster Road Council Minutes 2/26/63 -2- 1619 It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote that the priority list of highway im- provement projects as read by the City Manager be approved. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None (5) A memorandum from Councilman Thomas H. Morton suggesting that celebration of the Fourth of July be emphasized by adoption of a proclamation favoring participation in "Making Freedom Really Ring ", with all communities ringing bells at a dedignated time, for the West Coast - 11:00 A.M., PDT. This was predicated upon an article which ap- pear:6A in the Los Angeles Times on February 17, 1963. Councilman Morton stated he had forwarded a letter to the League of Women Voters recommend- ing that the League sponsor this program and encourage all citizens, including various groups, to partic, }pate. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that Council endorse Councilman Morton's suggestion to participate in the program to "Make Freedom Really Ring" for the Fourth of July. (6) A letter from Downey County Water District requesting that the City's agreement add a provision for the protection of the District Water customers upon transfer of the District of the City. Ordered received and filed. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to commend the Herald American newspaper on its coverage of the water issue. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was reported that the City Attorney had reviewed the matter and prepared an answer to Downey County Water District's letter, copies of which had been submitted to Council previously. It was moved by Councilman Skinner, seconded by Councilman Morton and so ordered to approve the letter to the Downey County Water Company and authorize signatures of all the councilmen. (7) A notice from the U. S. Conference of Mayors to be held June 8- 13. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to authorize reasonable and necessary expenses for any councilman and the City Manager who can go to the U. S. Conference of Mayors June 8 -13. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None (8) A memorandum from Mr. Grieelle, Director of Planning, relative to Zone Change Case #89 which had been taken under submission, reporting that the traffic and circulation problem had been solved by applicant who has offered a road deed for ten feet of easement for public road and highway purposes on Cole Street adjoining their property located at 7952 Cole Street. Council Minutes 2/26/63 -3- 1620 Councilman Temple stated that inasmuch as there had been two hearings on Zone Change Case #89 before the Planning Commission and there had been almost 100% opposition, he is not in favor of grant- ing the appeal. 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 (ZONE CHANGE #89) The ordinance was read by title only. No further action was taken on the ordinance. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that Zone Change #89 be held under submission until March 11, 1963. (8) A letter from Mrs. William Willis and Mrs. Harry Williams which had been handed to the City Clerk was read in full requesting that Zone Change #95 be denied. Ordered received and filed. 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. 77, ZONE CHANGE #94) The ordinance was read by title only. Mr. Griselle reported that inasmuch as the subdivision map relative to this zone change has not been completed, the ordinance should not be introduced at this time. It was moved by Councilman Skinner, seconded by Councilman Peavey and so ordered to continue under submission, Zone Change #94, and hold for filing of subdivision map. The resolution ordering vacation of a portion of Farm Street and Myrtle Street was held. RESOLUTION NO. 1097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CREATING A REVOLVING FUND FOR THE CONSTRUCTION OF IMPROVEMENTS PURSUANT TO SECTIONS 5870 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA The resolution was read by title only. Mr. Spindel, Director of Public Works, explained the provisions of the revolving fund under Chapter 27, Part 3, Division 7 of the Streets and Highways Code of the State of California, in which, if more than 50% of the property owners of any block have improvements, the rest of the block can be required to install improvements. If the property owners do not, the City will use this fund, put in improvements, then assess the properties. The assessments would then come back to the revolving fund for future use. Mr. Spindel proposed the following procedure be followed in au- thorizing the Director of Public Works to take the necessary action to cause the completion of curbs, gutters, sidewalks and /or paving at various locations throughout the City: The owner would receive an informal letter from the Superintadent of Streets requesting that certain improvements be commenced within 30 days. If no action is taken within the 30 -day period, a formal notice, as provided by the Streets and Highways Code, will be given to the owner, notifying them of the time and place of a public hearing and, that ygork shall be commenced within 60 Council Minutes 2/26/63 -4- -g R21: days. If the City Council orders the work to be done and the work has not been started within a 60 -day period, the Superintend- ent of Streets may then cause the work to be done. After the work is completed and the cost is determined, a hearing would be scheduled on the cost of the improvements and any unpaid assessments would then become a lien against the property. Councilman Morton suggested that a 60 -day notice would seem to him to be more pallatable to the property owners than the 30 -day notice. Mr. Spindel stated that the property owners are given actually 90 days as the procedure is outlined in the memorandum of the last Council Meet- ing, as set out above. The money collected from the property owners for this type improvement will go back into the revolving fund and will not thus have to have more funds budgeted from time to time for this type of improvement. Mr. H. L. Duggan, 7901 Stewart and Gray Road stated he had obtained petitions from property owners and inquired about the cost for installing improvements by the property owners on Stewart and Gray Road from Rives to Paramount. Mr. Spindel stated that if 80% of the property owners' signatures could be obtained by petition, the gaps can be filled in for improving the balance of the properties in the area without reverting to the 1911 Act. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered that further reading of Resolution No. 1097 setting up the revolving fund be waived. It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote that Resolution No. 1097 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton requested that procedures for use of the revolving fund be submitted at the next Council Meeting. RESOLUTION NO. WS -331 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 ( #23312 - #23654 $93,961.26) (Payroll) 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. WS -331 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS -332 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 ( #9537 - #9627 $17,805.49) It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that further reading be waived. Council Minutes 2/26/63 -5- It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote that Resolution No. WS -332 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Manager reported that the contractor, J. W. Tiedemann, performing the construction work on the Parking Lot located at the northwest corner of Second Street and Brookshire Avenue, has submitted a request for an extension of time of 5 working days as a result of the recent rains. It is recommended that this extension of time be granted. It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote that an extension of 5 working days be granted to J. W. Tiedemann, Contractor, performing work under Cash Con - tract #85 for City Hall Parking Lct #3. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mr. Spindel reported that the application of slurry seal could not be completed under Cash Contract #82, Slurry Seal, at the cost of the bid as the streets seemed to absorb more than usual. It was necessary to stop the contractor before he could complete the entire limits as shown on the plan. It is however anticipated that t his area will be done later in the spring and funds are still available for finishing this project. The job was more than 90% completed. It was recommended that all work thus far completed be accepted and the remaining portion of work not completed be deleted from the contract. It was moved by Councilman Peavey;, seconded by Councilman Morton and passed by thefiollowing vote to approve the completed work under Cash Con - Tract #82, Slurry Seal, and file notice of completion. AYES: 5 Councilmen: Skinner,E avey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to accept improvements completed in A.D. #79, Eucalyptus Street, and authorize filing Notice of Completion. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mr. Spindel reported that all improvements as outlined in the Agreement with the Subdivider to improve the area in the vicinity of Cedartree Road and Chaney Avenue have been satisfactorily completed with the exception of the installation of street lights. A request has been received from the Subdivider that the improvements be accepted subject to the installation of the street lights. Also, it was reported that a letter from the Edison Company to the effect that street lights for the subdivision fiave been paid for by the Subdivider, and that work has been scheduled by the Edison Company to commence within the next month. It was, therefore, recommended that the City accept the improvements and the responsibility of the main- tenance thereof, but that the performance bond not be released until such time that street lighting has been satisfactorily completed. Councilman Morton wished to compliment the Subdivider for a fine job and for working so diligently with the City. He recommended that a letter of appreciation be sent to the Subdivider. So ordered. Council Minutes 2/26/63 -6- 1G23 It was moved by Councilman Temple, seconded by Councilman Morton and passed by the following vote to accept improvements completed in Tract No. 21568 located on Cedartree Road south of Chaney Avenue but that the performance bond not be released until street lights are com- pleted. AYES: NOES: 5 0 Councilmen: Skinner, Peavey, Morton, Temple, Corbin Councilmen: None ABSENT: 0 Councilmen: None It was reported by Mr. Spindel that the roadway on the south side of the City Yard leading to the Fire Department drill tower has a section 387 feet long which is unimproved. Since it is used continuously by many vehicles going to and from the Fire Department drill tower, it was requested that funds be transferred for construction of asphaltic con- crete surfacing. It was moved by Councilman Morton, seconded by Councilman Skinner and passed by the following vote to approve the following transfer of funds: AMOUNT $2400.00 FROM 6010 -1 AYES: 5 Councilmen: Skinner, Peavey, Morton, NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Corbin declared a recess at 9:25 A.M. The meeting reconvened at 9:35 A.M. with roll call. TO 6010-3 Temple, Corbin PRESENT: Councilmen: Skinner, Peavey, Morton, Temple, Corbin Mr. Spindel reported on the estimated cost of installing street lights and maintenance thereof to residents in the northeast section of Downey. Councilman Morton stated the request from various residents to circu- late petitions for installation of street lights arose from a police problem. Meeting was arranged with the property owners who feel they need lights and it is the concensus of opinion that these residents are willing to proceed with having petitions circulated. It was moved by Councilman Morton, seconded by Councilman Temple that the request to circulate petitions for installation of street lights on steel standards with overhead wiring as furnished by the Southern California Edison Company. Councilman Morton requested the Police Chief to comment on street lighting as an aid to decrease in crime. Chief Robinson stated at the time he first became Police Chief for the City of Downey, he observed there was one great need in the community which would probably do more toward prevention and repression of crime - -and that is lighting on every street in the community in the City of Downey and at least one light over every intersection. Chief Robinson feels this is the most important remedy for a decrease in crime level. Mayor Corbin asked for the vote on the motion to approve circulation of petitions for street lighting: AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 2/26/63 -7- 1624 Mr. Griselle reviewed Zone Exception Case #348 in which agquestion arose regarding a buffer strip to the west of the property in A letter previously mentioned as having been received from Grace Baptist Church, applicant in this case, stated they agree to a 3 -foot buffer - planter strip to be placed along the length of the westerly boundaryand line as required to insure the privacy of adjacent property owners; that some type of vertical growing shrub be planted which will attain the approximate height of 12 feet. Mayor Corbin turned this portion of the meeting over to Mayor Pro Tempore Peavey. It was moved by Councilman Morton, seconded by Councilman Skinner and passed by the following vote to uphold the Planning Commission decision to grant Zone Exception #348 with an additional condition #8 to read as fol- lows: "That a three foot (3') planter strip be placed along the length of the westerly boundary line and that suitable vertical growing shrubs be planted and permanently maintained which will attain a height of twelve (12') feet. AYES: 4 Councilmen: Skinner, Peavey, Morton, Temple NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilman: Corbin It was recommended that the letter from the applicant be forwarded to the Planning Commission. Councilman Temple stated that in Zone Change Case #95 he feels traffic should be kept from going left and kept out of the residential area. Councilman Morton concluded that the program outlined does not conform to the wishes of the majority of the people and feels there should be more study made if this property is to be used for apartment purposes. He does not believe that the plan submitted best serves that area, for forcing traf- fic down these residential streets increases the hazards already existent. 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. 78 -- ZONE CHANGE NO. 95) The ordinance 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 Morton and seconded by Councilman Skinner to disapprove the introduction of the ordinance. After discussion indicating the matter should possibly be referred back to the Planning Commission for consideration as a zone exception, Councilman Skinner withdrew his second and Councilman Morton his motion. It was moved by Councilman Morton, seconded by Councilman Skinner and passed by the following vote to refer Zone Change #95 to the Planning Com- mission for study and recommendation of conditions that would be required if this case were handled as a zone exception. AYES: 4 Councilmen: Skinner, Peavey, Morton, Temple NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilman: Corbin Council Minutes 2/26/63 -8- 1625 Mayor Corbin resumed the chair. Mr. King reported that requests had been made of the Public Works Department many times for installation of safety lighting at the intersections of Firestone Boulevard and Pangborn Avenue, and Florence Avenue and Lesterford Avenue. Also, a request has been recently made for a safety light at the intersection of Florence Avenue and Downey Sanford Bridge Road. It is felt these requests are justified since they are at major intersections which are dark and hazardous at night. In addition, there is need for safety lighting at the intersection of Cedartree Road and Lemoran Avenue because of the fact that Cedartree Road has recently been opened west of Lemoran Avenue and there is a single lane of traffic over the bridge culvert which is quite hazardous at night. Edison owned installations can be placed at these locations with no cost for installation, but with a monthly energy and maintenance charge. The charge for 20,000 lumen mercury vapor lights, which should be placed on.Firestone and Pangborn, and on Florence Avenue at Lesterford and Downey Sanford Bridge Road, would be $7.95 per month, per light. The charge for the 6,000 lumen light, which is recommended for the inter- section of Cedartree Road and Lemoran Avenue, is $4 per month per light, making a total charge for the 4 lights of $27.85 per month, which may be included in the current budget. It was recommended that Council authorize installation of these lights at the above- mentioned locations. Police Chief Robinson stated that there are needs all over the City and that he feels the Traffic Engineer and Public Works Director have done an excellent job lining and striping major streets to enable persons to find their sections in the fog. Accidents happen repeatedly in these un- lighted intersections and the elements of fog bear consideration as well as just plain darkness. Councilman Peavey requested that a report be brought to the next meeting of all other intersections in need of safety lighting. It was moved by Conncilman Temple, seconded by Councilman Morton and passed by the following vote to approve installation of safety lighting as submitted in the City Manager's Report under Item 2 -A. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Quite some time ago, City Manager reported, a request was received from residents north of the Santa Ana Freeway in the vicinity of Paramount Boulevard for lights under the Freeway underpass. There are existing con- duits and receptacles for the lights and structure; however, wires would have to be pulled and the actual lights installed. The estimated cost for this installation is $500.00. The estimated energy and maintenance costs for the 4 lights under the bridge would be $16 per month. It is recommended that $500 be transferred from Unappropriated Reserves to Account No. 13757. It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote to approve the following transfer of funds for installation of lights under the Freeway underpass: AMOUNT FROM TO $500.00 Unappropriated Reserves AN 13757 AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 2/26/63 -9- 1.626 It was recommended that authority be granted to the Planning Director to attend the American .Society of Planning Officials Annual Conference in Seattle, Washington, May 5 through May 9, 1963. It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote to authorize Sherman Griselle, Planning Director, to attend the American Society of Planning Officials Annual Conference May 5 through May 9, 1963, in Seattle, Washington, with reasonable and necessary elapenses allowed. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Director of Public Works reported that the Cee Bee Chemical Company has expressed an interest in leasing the unused portion of the City Yard property lying between the Public Words Department facilities and the Fire Department drill tower. This area amounts to 18,000 square feet, and while the area will probably be needed in the future, at the present time there is no pressing need for it. A suggested rental rate was set at $225 per month on a one -year renewable basis which is based upon 10% per year of appraised value of the land. The lease would have a 90 -day cancellation clause for each party. It is estimated that the Cee Bee Chemical Company would expend approximately $15,000 to $16,000 in the im- provement of the area by the construction of a- 4haltic concrete paving, concrete slab, sheds, and miscellaneous plumbing, In case of cancellation of the lease by the City, if this area were required for City purposes, this capital expenditure would be repaid to the Cee Bee Chemical Company on a 5 -year depreciated basis, so that the improvement would then remain the property of the City, or if so desired, the sheds could be removed by the company and the City would pay the depreciated cost of the paving and slab. In case of a cancellation of the lease by the Cee Bee Chemical Company, the cost of the paving and concrete slab would be forfeited and they would remain the property of the City, while the sheds would be removed from the premises. Councilman Morton stated he thought the City obligated to call for bids to advertise for lease of this property and recommended referring the matter to the City Attorney for handling. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered to refer to the City Attorney, the lease of the property lying between the Public Works Department facilities and the Fire Department drill tower and authorize advertising for bids on the lease. The City Manager reported that there are many bills being presented in Sacramento during the current legislative session which will affect municipal governments. One of these bills, SB #38, provides that parking meter revenues of any city or county shall be used to provide public off - street parking facilities but excepts revenues made available for the payment of any offstreet parking revenue bonds prior to effective date of section. It was recommended that Council oppose this bill because of infringement on local rights, as well as restriction of parking meter funds, which might not be applicable to the City of Downey. It was moved by Councilman Morton, seconded by Councilman Temple and so ordered that Council go on record as opposing Senate Bill #38. RESOLUTION NO. 1098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING SENATE BILL #38 - PARKING METER REVENUES The resolution was read by title only. Council Minutes 2/26/63 -10- 1627 It was moved by Councilman Temple, seconded by Councilman Morton and so ordered that further reading of Resolution No. 1098 be waived. It was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote that Resolution No. 1098 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 gouncilmen: None The City Manager also reported on Senate Bill, relative to an additional 11,- gas tax and revision of existing 5/8(,, requirements. After a survey of street deficiency needs throughout the State, it is considered of major importance to all cities by the League of California Cities. Primarily this bill will bring to the City of Downey $300,000 per year, and changes the old formula of 40% for maintenance of 5/8� tax money to 80 %, and the matching funds provision has been revised from 50 -50 to a 2 to 1 basis. RESOLUTION NO. 1099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING SENATE BILL #344 - ADDITIONAL 1o, GAS TAX AND REVISION OF 5/8�, REQUIREMENTS The resolution was read by title only. It was moved by Councilman Morton, 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. 1099 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 passed by the following vote to prepare a resolution petitioning the League of California Cities to do everything in its power to get the Mayo -Breed formula adjusted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Manager reported that a pending file has been established on legislative summaries of all bills and recommended that Council authorize expenditure to Sacramento for any councilman or City Attorney and City Manager for reasonable and necessary expenses should the need arise to justify the City's active participation during the current Legislative Session. It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote to authorize expenditures to Sacramento for any of the City Councilmen, the City Attorney and the City Manager, if pending legislation concerning the City of Downey justifies active participation during the current Legislative Session. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Temple recommended referring the matter of State withholding tax and income tax to the Citizens Tax Committee for study. So ordered. Council Minutes 2/26/63 -11- 1628 Civil Defense Director Ed Powell reported on the status of the siren. Three companies are studying the City's use of various ranges and a report is expected from these companies by the first week in March. The government has disapproved the siren chosen at the original bidding. Bids will be reopened two or three weeks after report on appropriate range for use in Downey. The Director of Public Works reported that in response to the petition presented to City Council by certain residents on Downey Avenue, the plans for the project had been altered as a concession to the petitioners so that the curb on the west side of the street, from Otto Street to approximately Gainford Street, was to be constructed 30 feet from the centerline, thus giving only a 58' roadway in that area. However, some of the petitioners in that area have not seen fit to dedicate the right of way, and the City will be forced to enter into condemnation proceedings for this right of way. It is therefore recom- mended that the curb on the west side in this area be restored to its original planned location of 32 feet from the centerline, giving a full 60 -foot roadway width which is standard. The several owners on the west side who have dedicated have been contacted and have no objection to the revision. It was moved by Councilman Peavey, seconded to Councilman Temple and passed by the following vote to instruct the Public Works Department to return to a standard full 60 -foot roadway width on Downey Avenue from Otto Street to approximately Gainford Street. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Attorney telephoned to report that the District Court of Appeals denied his motion to dismiss the Downey County Water Company's appeal before them. Councilman Peavey was excused from the Council Meeting at 9:45 AM. H. L. Duggan, 7901 Stewart and Gray Road, requested a breakdown of the cost in taking over the Downey County Water Company, including court costs, attorney fees, by the next Council Meeting. It was suggested that Mr. Duggan request the same costs from the Downey County Water District. Francis Hart, 9643 Cedartree Road, thanked Council for the manner in which it handled Zone Case Change #95 respecting the needs, requirements and wishes of the entire residential area in their district. Mayor Corbin stated that the newspapers have been printing that the Hospital Board is waiting for the City Council to call a special election in order to see if the people will vote for a hospital to be constructed under general bond issue, and that he wished to point out that the City Council has never said it would call a special election for this purpose and does not intend to unless the costs of a special election are paid for by those requesting it. It was moved by Councilman Temple, seconded by Councilman Morton and so ordered to reappoint Mayor Ben 'D Corbin as representative to the League of California Cities. There being no further business to come before Council, the meeting adjo rned at 11.00 A.M. City Clekk Ma r Council Minutes 2/26/63 -12-