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HomeMy WebLinkAboutMinutes-05-13-63-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 13TH, 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., Mayor Ben Corbin presiding. PRESENT: Councilmen: Skinner, Peavey, Morton, Temple, Corbin ALSO PRESENT: Oren L. King, City Manager Royal M. Sorensen, City Attorney A. C. Gabriel, Director of Finance Sherman Griselle, Director of Planning Ervin Spindel, Director of Public Works Lee Leavitt, City Engineer Robert Gain, Fire Chief Ivan A. Robinson, Chief of Police Ray Lake, Director of Building and Safety Della Doyle, City Clerk Alberta Pfeiffer, Deputy City Clerk Mayor Corbin announced that this is the time and place set for the hearing on Downey City Lighting District Annexation A, Zone 4, Area #1, and asked the City Clerk if she had the affidavit of publication. The City Clerk replied she had the affidavit. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered to receive and file the Affidavit of Publication. Mayor Corbin asked if there were any written protests. The City Clerk replied there were none. Mayor Corbin then asked if there was anyone wishing to speak on the matter. Speaking against the Downey Lighting District Annexation A, Zone 4, Area #1 were the following persons: Charles Tingler, 9524 Suva Dr. D. W. Altig, 9449 Gallatin Rd. Frank Maier, 9495 Gallatin Rd. Henry Vedder, 9534 Suva Speaking for the lighting district was Mr. Curtis Grove, 9441 Raviller Dr. It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote that the hearing on Downey Lighting District, Annexation A, Zone 4, Area #1 be closed. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING CERTAIN LIGHTING FIXTURES, APPURTENANCES, AND APPLIANCES ON CERTAIN STREETS AND PUBLIC PLACES OF SAID CITY TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED ALL IN ACCORDANCE WITH RESOLUTION NO. 1144 OF SAID CITY ( DOWNEY CITY LIGHTING DISTRICT - ANNEXATION A - Zone 4 - AREA 1) The resolution was read by title only. 1.681 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 Peavey and passed by the following vote that Resolution No. 1158 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Corbin announced that now is the time and place set for the hearing on Downey City Lighting District Annexation A, Zone 4, Area #2, and asked the City Clerk if she had the Affidavit of Publication. The City Clerk replied she had the affidavit. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the affidavit be received and filed. The Mayor asked if there were any written protests. City Clerk Della Doyle reported a petition had been received in protest with 41 signatures. Mr. Spindel stated that this amounted to a 70% protest of the area. Speaking against the Downey City Lighting District were the following persons: Mr. B. K. Kiger, 9351 Gainford Mr. W. C. Dukes, 9327 Gainford Mr. Mulley, 9244 Gainford It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote that the hearing be closed. 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 Skinner and passed by the following vote that all protests be sustained. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Corbin announced that in view of the protests, there will be no lights for Downey City Lighting District Annexation A, Zone 4, Area #2. The District is abandoned. The Mayor announced that this is the time and place set for the hear- ing on Downey City Lighting District Annexation A, Zone 4, Area #3, and inquired of the City Clerk if she had the Affidavit of Publication. City Clerk Della Doyle replied she had the affidavit. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the.affidavit be received and filed. Mayor Corbin inquired if there were any written protests which had been received by the City Clerk. There were no written protests. Mr. Storey, 10001 Pangborn requesiEd that a petition be circulated for underground wiring for this lighting district as he objected to the overhead wiring. 1.682 There being no further protests or oral statements, it was moved by Councilman Temple, seconded by Councilman Peavey and passed by the following vote that the hearing on Downey City Lighting District Annexation A, Zone 4, Area #3 be closed. 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 Morton and passed by the following vote that the protest be overruled. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING CERTAIN LIGHTING FIXTURES, APPURTENANCES AND APPLIANCES ON CERTAIN STREETS AND PUBLIC PLACES OF SAID CITY TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FUR- NISHED ALL IN ACCORDANCE WITH RESOLUTION NO. 1150 OF SAID CITY ( DOWNEY CITY LIGHTING DISTRICT - ANNEXATION A - ZONE 4 - AREA 3) 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 Morton, seconded by Councilman Temple and passed by the following vote that Resolution No. 1159 be adopted. AYES: 5 Councilmen: Skinner,Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Corbin announced that the hearing on Do novan Street on the Debt Limit Report would now be held and asked the City Clerk if she had the affidavit of mailing. The City Clerk replied she had the affidavit. It was moved by Councilman Temple, seconded by Councilman Morton and so ordered to receive and file the affidavit of mailing. Mr. Spindel presented the factual data of the debt limit report. Mayor Corbin asked if there were any written protests. The City Clerk replied there were none. There were no oral statements. It was moved by Councilman Skinner, seconded by Councilman Temple and passed by the following vote that the hearing on the Debt Limit Report for D. onovan Street, A.D. #71, be closed. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1160 A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF DOWNEY MAKING FINDING OF FEASIBILITY OF IMPROVEMENT OF DONOVAN STREET AND BIRCHDALE AVENUE IN ASSESSMENT DISTRICT NO. AD 71. The resolution was read by title only. 1.683 It was moved by Councilman Peavey, seconded by Councilman Skinner and so ordered thatfurther reading be waived. It was moved by Councilman Morton, Seconded by Councilman Temple and passed by the following vote that Resolution No. 1160 be adopted. 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 of protests or objections against the improvement of Donovan Street and Birchdale Avenue as described in Resolution of Intention No. 1120 and asked the City Clerk if she had the Affidavits of Publication, Posting and Mailing. 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. There were no written and no oral protests received. Mr. Spindel presented a brief summary of the Debt Limit Report. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that the hearing on the Resolution of Intention No. 1120 in A.D. 71, Donovan Street, be closed. RESOLUTION NO. 1161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING WORK TO BE DONE ON DONOJAN STREET AND BIRCH- DALE AVENUE IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 1120 (AD 71) The resolution was read by title only. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Skinner, seconded by Councilman Morton and passed by the following vote that Resolution No. 1161 be adopted. 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 the vacation of a portion of Brookshire Avenue between Everest .Street and Eucalyptus Avenue. Mr. Spindel presented his report. There being no oral and no written protests, it was moved by Council- man Temple, seconded by Councilman Skinner and so ordered that the hearing on the vacation of Brookshire Avenue be closed. RESOLUTION NO. 1162 r-• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING VACATION OF A PORTION OF BROOKSHIRE AVENUE BETWEEN EVEREST STREET AND EUCALYPTUS STREET AS SHOWN ON TRACT NO. 2723 The resolution was read by title only. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered that further reading be waived. 1.684 It was moved by Councilman Skinner, seconded by Councilman Morton and passed by the following vote that Resolution No. 1162 be adopted. 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 the assessments for Eucalyptus Street, A.D. #79. The Mayor asked the City Clerk if she had the Affidavit of Publication. The City Clerk replied she had the affidavit. It was moved by Councilman Peavey, seconded by Councilman Skinner and so ordered to receive and file the affidavit. There being no written and no oral protests, it was moved by Councilman Skinner, seconded by Councilman Temple and so ordered to close the hearing on A.D. #79, Eucalyptus Street assessments. RESOLUTION NO. 1163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF EUCALYPTUS STREET AND BIRCHDALE AVENUE (AD 79) The resolution was read by title only. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Skinner, seconded by Councilman Temple and passed by the following vote that Resolution No. 1163 be adopted. 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 Height Limits in M -1 and M -2 Zones. Mayor Corbin asked if the City Clerk had the Affidavit of Publication. The City Clerk replied she had the affidavit. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered that the affidavit be received and filed. The Mayor inquired if there were any written protests. The City Clerk replied she had received none. The following persons spoke in favor of amending the Zoning Ordinance to lift height limit restrictions: Ernie McCallum, 8711 Savage, Downey S. T. Ziler, 7648 Cecilia Street Leslie T. Olson, 10022 Tristan Dr., Downey Lee Felts, 12107 Woodruff Avenue Lawrence Moon, 12214 Lakewood Blvd. Wendell Wiser, 11215 Woodruff Avenue There being no written or oral protests and no further oral statements, it was moved by Councilman Skinner, seconded by Councilman Temple and so ordered that the hearing on height limits in M zones be closed. The City Attorney clarified the ordinance to be introduced or its alternate, one to impose some restrictions in regard to height with relation to setback adjacent to residential property, the other having no restrictions. I ..685 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY REPEALING SECTIONS 9124.3 AND 9125.3 AND AMEND- ING SECTIONS 9124.4 AND 9125.4 ALL OF WHICH SECTIONS HAVE REFERENCE TO HEIGHT LIMITS IN THE M -1 AND M -2 ZONES 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 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 Mayor Corbin announced that this is the time and place set for the hearing on the appeal on Zone Exception #366, Morris L. Brown, 8605 Gallatin Road. The City Clerk reported that a letter withdrawing the appeal to Zone Exception #366 had been received. The Mayor asked the City Clerk if she had the Affidavit of Publica- tion of the hearing. The City Clerk replied she had the affidavit. It was moved by Councilman Temple, seconded by Councilman Peavey and so ordered to receive and file the Affidavit of Publication. The Mayor asked if there were any written protests. The City Clerk replied there were none. The Mayor then asked if anyone in the audience wished to speak on the matter. There were no oral statements. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered to close the hearing on the appeal on Zone Exception #366. It was moved by Councilman Temple, seconded by Councilman Morton and passed by the following vote to uphold the decision of the Planning Commission in Zone Exception #366 and deny the appeal. 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 Morton and so ordered that the minutes of April 23, 1963 and April 24, 1963 be approved as presented. The City Clerk reported on the following written correspondence: (1) A letter from Walter Schack, Rio Hondo Dairy, Al Tatti and Frank Valenta regarding the map for proposed future rezoning and asking that no change be made in their areas. It was moved by Councilman Morton, seconded by Councilman Temple and so ordered that the letter be referred to the Planning Commission. (2) A letter from Paul Kelley, 8121 Puritan Avenue, requesting the City to contribute to paveouts on his street, with a report of the results of an investigation by the Public Works Department attached from Mr. Spindel. After some discussion it was moved by Councilman Skinner, seconded by Councilman Peavey and so ordered that the matter be taken under sub- mission for one month. (3) A letter from the Civil Defense Advisory Committee suggesting that Council approve a statement of policy for shelter construction in the City of Downey. Ray Grimes read the recommendation of the Civil Defense Advisory Committee and requested early consideration of Council on the recommenda- tion. It was moved by Councilman Temple, seconded by Councilman Morton and passed by the following vote to adopt a policy of statement as recommended by the Civil Defense Advisory Committee. AYES: 4 Councilmen: Peavey, Morton, Temple, Corbin NOES: 1 Councilman: Skinner ABSENT: 0 Councilmen: None (4) A letter from the Majestic Builders Inc. requesting relief of the existing 15' front yard setback from his property line at 7924 Second Street, as currently required by the code. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that the letter be taken under submission for later report. The following committee appointments were recommended for the Sister City Committee: Mrs. William (Julie) Fernandez, 9030 Lubec by Councilman Morton Mrs. Paul Hillegas, 8513 Albia by Councilman Corbin It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that the appointments to the Sister City Committee be approved as recommended. (5) A memorandum from Councilman Skinner reported the resignation of Bob Collins from the City Beautification Committee. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered to accept Bob Collins' resignation from the City Beautification Committee with thanks. Mr. King read a letter of appreciation for the new ladies lounge signed by City hall girls. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 7133 WHICH RELATES TO THE CHARGES FOR REPAIR OF PERMIT EXCAVATIONS The ordinance was read by title only. Mr. Spindel reported the ordinance raises the minimum fee deposited for excavation repairs from $10 to $25. 1.68`7 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 the ordinance be introduced. 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 DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 7212.15, WHICH SECTION RELATES TO THE PAYMENT OF SEWER CONNECTION CHARGES The ordinance 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 Morton 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 RESOLUTION NO. 1164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE USE OF CERTAIN ACCESS RIGHTS DEDICATED TO THE CITY OF DOWNEY (FLORENCE AVENUE BETWEEN BROOKSHIRE AND BELLDER DRIVE) 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 Temple and passed by the following vote that Resolution No. 1164 be adopted. AYES: 5 Councilmen: .Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 30 AND SENATE CONSTITUTIONAL AMENDMENT NO. 12 WHICH RELATE TO CONFLICTING LAWS BETWEEN STATE AND LOCAL LEGISLATION The resolution was read by title only. It was moved by Councilman Peavey, 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. 1165 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING SENATE CONSTITUTIONAL AMENDMENT NO. 18 WHICH IMPOSES AN EQUITABLE ANNUAL TAX UPON TELEPHONE COM- PANIES 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. 1166 be adopted. AYES: 5 Councilmen :m Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING ASSEMBLY BILL #149 The resolution was read by title only. =Chief Robinson reported that the 48 -hour period during which a person arrested must be brought before a magistrate has been changed to not include Saturday, .Sunday and holidays and that the bill is neither good nor bad. No action was taken on this resolution. RESOLUTION NO. 1167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING SENATE BILL NO. 385 WHICH REQUIRES TRIPLICATE NARCOTIC PRESCRIPTIONS The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that further reading be waived. It was moved by Councilman Temple, seconded by Courc ilman Skinner and passed by the following vote that Resolution No. 1167 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING ASSEMBLY BILL NO. 661 WHICH PROHIBITS LOCAL INCOME TAXES The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Skinner and so ordered that further reading be waived. It was moved by Councilman Temple, seconded by Councilman Skinner and passed by the following vote that Resolution No. 1168 be adopted. AYES: 5 Councilmen: .Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING SENATE BILL NO. 998 RELATING TO THE DIVISION OF STATE HIGHWAY FUNDS AMONG COUNTY GROUPS #1 (NORTHERN CALIFORNIA) AND #2 (SOUTHERN CALIFORNIA) 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. 1169 be adopted. AYES: 4 Councilmen: Peavey, Morton, Temple, Corbin NOES: 1 Councilman: Skinner ABSENT: 0 Councilmen: None RESOLUTION NO. 1170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATING TO THE REGULATION OF ADVERTISING DISPLAYS WITHIN VIEW OF PUBLIC HIGHWAYS 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. 1170 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING ASSEMBLY BILL NO. 2659 CHEATING A CENTRALIZED LOS ANGELES COUNTY COURTS ADMINISTRATION DISTRICT 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.1171 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING CERTAIN ASSEMBLY AND SENATE BILLS WHICH WOULD OBSTRUCT THE MERGING OF COUNTY DISTRICTS WITH CITIES 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. 1690 It was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote that Resolution No. 1172 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING SENATE BILL NO. 280, RELATING TO ANNEXATION OF MUNICIPAL WATER DISTRICTS 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. 1173 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING ASSEMBLY BILL NO. 1888 RELATIVE TO PENALTY ASSESSMENTS 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 Temple and passed by the following vote that Resolution No.1174 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING SENATE BILL #949 RELATIVE TO WITHDRAWAL OF AN AREA WITHIN A PARKS AND RECREATION DISTRICT WHICH HAS BECOME PART OF AN INCORPORATED CITY 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 Skinner and passed by the following vote that Resolution No. 1175 be adopted. .� AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 1176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING ASSEMBLY BILL #1166 RELATIVE TO REQUIREMENTS FOR WITHDRAWAL OF ANY PART OF A RECREATION DISTRICT The resolution was read by title only. i x.691. It was moved by Councilman Temple, seconded by Councilman Morton 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. 1176 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Corbin called for a recess at this time. The meeting recon- vened at 9:45 P.M. with roll call. All Councilmen present. RESOLUTION NO. WS-341 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 ( #25031 - #25384 $95,210.94) (Payroll) The resolution was read by title only. It was moved by Councilman Skinner, seconded by Councilman Peavey and so ordered that further reading be waived. It was moved by Councilman Skinner, seconded by Councilman Temple and passed by the following vote that Resolution No. WS -341 be adopted. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS -342 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 #10243 - # 10442 $89,254.98) 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 Skinner and passed by the following vote that Resolution No. WS -342 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 accept improvements completed under Cash Contract No. 52, Woodruff Avenue, and authorize filing a Notice of Comple- tion. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Attorney reported that there is no formal action needed on the matter of the formation and approval of boundaries of Parking District #2, A.D. #96 between Lakewood, Woodruff, Cecilia and Firestone. It was moved by Councilman Skinner, seconded by Councilman Peavey and passed by the following vote to authorize preparation of petition by 1692 the Public Works Department; to circulate petition; for Public Works Department to assist property owners, as needed in plans, specifica- tions and other engineering documents; to employ the firm of Burke, Williams & Sorensen to handle legal work in connection with the Parking District; to employ a qualified appraiser for estimate of costs in acquisition of land; to authorize to submit legal description of property to be acquired to the Title Insurance Company for approval; and authority to submit boundaries of the Parking District to the County Boundary Commission for approval. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mr. Spindel reported that the zoning on Downey Avenue where paveouts had been requested, is R -2 and that these paveouts are as required under the #161 Ordinance. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered that paveouts for Alameda Street be taken under submission and a traffic count be made, and that it be referred to the Planning Com- mission. It was moved by Councilman Skinner, seconded by Councilman Temple and so ordered that Downey Avenue paveouts be taken under submission for report. After a report on the proposals for audit of the financial records of the City of Downey it was moved by Councilman Morton, seconded by Councilman Peavey and passed by the following vote that the firm of Diehl, Evans and Company, CPA, Santa Ana California, be retained as the City auditors. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Corbin disqualified himself from taking part in Zone Exception Case #375 (Zone Change Case #95 - -C. P. Gugluzza on Telegraph Road) and turned the chair over to Mayor Pro Tempore Hollis Peavey. Mr. Sherman Griselle, Director of Planning, outlined the plot plans submitted. Mayor Pro Tem Peavey asked if there was anyone wishing to make any remarks in regard to the plot plans as submitted and advised this was not a hearing on the Zone Exception #375. The City Attorney advised that correspondence regarding the Zone Exception was not in order and could not be introduced at this time as the hearing had been closed. Speaking in opposition were the following persons: Harry Williams, 9112 Cord Avenue Frank Snyder, 9102 S. Cord Francis Hart, 9643 Cedartree Herb Hamilton, 9249 S. Dalewood After discussion, it was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote that: WHEREAS, pursuant to an application for zone change and a hearing thereon, the Planning Commission of the City of Downey approved an application for the zone change described in Zone Case #95 and recommended to the City Council that said zone change from R -1 to R -3 be approved; and 1693 WHEREAS, the opponents to said zone change appealed to the City Council, and the City Council, after the hearing thereon, referred the matter to the Planning Commission for a recommendation as to con- ditions which would be attached to development of the property under a zone exception; and WHEREAS, the Planning Commission has made such report to the City Council on the easterly most property as described in Plot Plan and elevation submitted by Mr. Gugluzza. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY finds that the granting of zone change case #95 as to that property described in the plot plan and elevation submitted by Mr. Gugluzza is not necessary to carry out the general purpose of Chapter 1 of Article IX of the Downey Municipal Code and that the same be denied for the following reasons: 1. Creation of an R -3 and P zone at the location of the subject property will constitute a breakdown of the R -1 zoned property. 2. Property is subject to development for multiple dwelling purposes under a plan other than permitted under the regular R -3 zoning. 3. Rezoning of the subject property from R -1 to R -3 and P constitutes an intrusion of an incompatible use of property into a residential neighbor- hood. 4. An R -3 zoning in this area would create traffic conditions not compatible with the surrounding streets and uses. 5. The R -3 zoning would adversely affect the adjoining property and would not be compatible with the general comprehensive plan if developed under restrictions applicable to the R -3 zoning. BE IT FURTHER FOUND BY THE DOWNEY CITY COUNCIL that a zone exception be granted for the property designated in the plot plan and elevation sub- mitted by Mr. Gugluzza for the easterly portion of that property described in Zone Case #95; that such zone exception be designated Zone Exception Case #375; that such zone exception be granted on the basis that it meets the conditions, requirements and findings of Section 9130.2 of the Downey Municipal Code and the City Council so finds; and that the same be subject to and granted upon the conditions contained within the recommendation of the Planning Commission dated March 20, 1963, said conditions are as follows: 1. That this approval is based upon an approved plot plan and elevation. Deviations or exceptions from said approved plot plan and elevation shall not be permitted without the approval of the City Planning Commission. 2. That the height of the overhead clearance of the entrance driveway shall conform to the height requirements of the Fire Department. 3. That the permitted structure shall not exceed two (2) stories or thirty -rive feet (35') in height. 4. That the permitted structure shall not be erected closer than fifteen feet (15') to the public right -of -way, and the setback area shall be landscaped and permanently maintained, except for the driveway opening. 5. That twenty feet (20') shall be dedicated for the widening of Telegraph Road, and to the standards of the Department of Public Works. 6. That vehicular and pedestrian right of ingress and egress to Cedartree Road and Sideview Drive shall be vacated and recorded with the Los Angeles County Recorder and a copy filed with the Planning Department, 1694 and no vehicular or pedestrian access shall be taken from Cedartree Road and Sideview Drive. 7. That curbs, guttet-s and paveouts shall be constructed along the entire frontage of Telegraph Road, and to the standards of the Department of Public Works. ' 8. That standard five foot (5') wide sidewalks on Telegraph Road and four foot (4') wide sidewalks on Songfest Drive shall be installed six inches (6 ") from the property line along the entire frontage of both streets, and to the standards of the Department of Public Works. 9. That the grading plans shall be approved by the Departments of Public Works and Building and Safety, and the property shall drain to Cedartree Road if feasible. 10. That parking and driveway areas shall be constructed and permanently maintained in conformance with Section 9127 of the Compre- hensive Zoning Ordinance. 11. That the carports or garages to be erected along the property line shall not be over nine feet (9') in height and shall have a solid wall from the foundation to the roof line on three (3) sides. 12. That a solid masonry wall not less than five feet six inches (5'6 ") nor more than six feet (6') in height above the finished grade shall be erected and permanently maintained along the southerly, westerly and easterly property lines except where ;he garages or carports exist as shown on the approved plot plan, and also except for the setback area. Where there is an existing wall along the property line the re- quired walls shall be constructed as outlined in Section 9126.43 of the Comprehensive Zoning Ordinance. 13. That no signs shall be permitted other than those which are ,_ermitted in the R -3 zone. 14. That all lights used to illuminate any display portion of build- ings, signs, open spaces or parking area shall be so arranged as to not reflect the light directly on any adjacent properties or public right -of -way and if lighting is to be provided in the parking area such lighting shall be low level lighting not over three feet (3') in height. 15. That sewers shall be connected to a main sewer line, and to the standards of the Department of Public Works. And upon the further conditions designated by the City Council as follows: 16. That there shall be no doorway in the ea=sterly wall of the building adjacent to Songfest Drive. AYES: 4 Councilmen: Skinner, Peuvey, Morton, Temple, NOES: 0 Councilmen: None ABSENT: 1 Councilman: Corbin (Disqualified himself from voting and left the Council Chamber) Mr. Griselle then outlined the plot plan on the Nutt property adjacent to Mr. Gugluzza's property. After discussion, it was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote that: 195 WHEREAS, pursuant to an application for zone change and a hearing thereon, the Planning Commission of the City of Downey approved an application for the zone change described in Zone Case #95 and recom- mended to the City Council that said zone change from R -1 to R -3 be approved; and WHEREAS, the opponents to said zone change appealed to the City Council, and the City Council, after the hearing thereon, referred the matter to the Planning Commission for a recommendation as to conditions which would be attached to development of the property under a zone exception; and. WHEREAS, the Planning Commission has made such report to the City Council on the westerly most property as described in Plot Plan and elevation submitted by Mr. Nutt. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY'OF DOWNEY finds that the granting of Zone Change Case #95 as to that property described in the plot plan and elevation submitted by Mr. Nutt is not necessary to carry out the general purpose of Chapter l of Article IX of the Downey Municipal Code and that the same be denied for the following reasons: 1. Creation of an R -3 and P zone at the location of the subject property will constitute a breakdown of the R -1 zoned property. 2. Property is subject to development for multiple dwelling pur- poses under a plan other than permitted under the regular R -3 zoning. 3. Rezoning of the subject property from R -1 to R -3 and P consti- tutes an intrusion of an incompatible use of property into a residential neighborhood. 4. An R -3 zoning in this area would create traffic conditions not compatible with the surrounding streets and uses. 5. The R -3 zoning would adversely affect the adjoining property and would not be compatible with the general comprehensive plan if developed under restrictions applicable to the R -3 zoning. BE IT FURTHER FOUND BY THE DOWNEY CITY COUNCIL that a zone exception be granted for the property designated in the plot plan and elevation submitted by Mr. Nutt for the easterly portion of that property described in Zone Case #95; that such zone exception be designated Zone Exception Case #375; that such zone exception be granted on the basis that it meets the conditions, requirements and findings of Section 9130.2 of the Downey Municipal Code and the City Council so finds, and that the same be subject to and granted upon the conditions contained within the recom- mendation of the Planning Commission dated May 1, 1963, Said conditions are as follows: 1• This approval is based upon an approved revised plot plan and elevation dated April 24, 1963. Deviations or exceptions from said approved plot plan and elevation shall not be permitted without the approval of the City Planning Commission. 2. That the permitted structure shall not exceed two (2) stories or thirty -five feet (35') in height. 3. That the permitted structure shall not be erected closer than fifteen feet (15') to the public right -of -way on Telegraph Road, nor closer than seven and one half feet (7 -1/2') to the public right -of -way along Hasty Avenue, and that the setback areas shall be landscaped and permanently maintained except for the driveway opening. 1696 4. That curbs, gutters and paveouts shall be constructed along the entire frontage of Telegraph Road and Hasty Avenue, and to the standards of the Department of Public Works. 5. That standard five foot (5') sidewalks on Telegraph Road and standard four feet (4') sidewalks on Hasty Avenue shall be in- stalled six inches (6 ") from the property line along the entire frontage of both streets, and to the standards of the Department of Public Works. 6. That the grading plans shall be approved by the Department of Public Works and Building and Safety. 7. That parking and driveway areas shall be constructed and permanently maintained in conformance with Section 9127 of the Downey Municipal Code. 8. That a solid masonry wall not less than five feet six inches (5'6 ") nor more than six feet (6') in height above the finished grade shall be erected and permanently maintained along the southerly property line and along the required side yard setback line adjacent to Hasty Avenue as shown on the approved plot plan. Where there is an existing wall along the property line the required walls shall be constructed as outlined in Section 9126.43 of the Downey Municipal Code. 9. That no signs shall be permitted other than those which are permitted in the R -3 zone. 10. That all lights used to illuminate any display portion of buildings, open spaces, signs or parking area shall be so arranged as to not reflect the light directly on any adjacent properties or public .� right -of -way and if lighting is to be provided in the parking area such lighting shall be low level lighting not over three feet (3') in height. 11. That sewers shall be connected to a main sewer line, and to the standards of the Department of Public Works. And upon the further conditions designated by the City Council as follows: 12. That there shall be no doorways in the westerly wall of the building adjacent to Hasty Avenue. 13. That a solid masonry wall not less than five feet six inches (5'6 ") nor more than six feet (6') in height above the finished grade with no vehicular openings, shall be erected and permanently maintained along the easterly line as shown and approved on the plot plan, except for the front yard setback. AYES: 4 Councilmen: Skinner, Peavey, Morton, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Corbin (Disqualified himself from voting and left the Council Chamber) It was moved by Councilman Morton, seconded by Councilman Temple and so ordered that the Director of Planning be directed to outline the basic conditions under which a zone exception could be approved on the balance of the property such as setback lines, access, walls, maximum height, number of units, etc. Mayor Corbin resumed the chair at 11:15 P.M. After a summation of the bids on the liability insurance for the City, it was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote to award the bid to the lowest and best bidder, Nash Insurance Company in the amount of $18,372.00. AYES: 5 NOES: 0 ABSENT: 0 It was moved and passed by the on the same basis hospital room wil 1697 Councilmen: Skinner, Peavey, Morton, Temple, Corbin Councilmen: None Councilmen: None by Councilman Temple, seconded by Councilman Peavey following vote to call for bids for health insurance as previous years with two exceptions: the amount for 1 be $20; the deductible will be raised from $50 to $100. 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 Skinner and passed by the following vote that authority be granted to advance $13,001.00 from the Unappropriated Reserve Fund to Master Electronic Supply, Inc., in an endeavor to expedite the acquisition of the property at the corner of Firestone and Dolan, as previously authorized under the 1943 Parking District Act. 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 Skinner and passed by the following vote to authorize construction of an addition to Fire Station #1 at an estimated cost of $1735, with labor being provided by Fire Department personnel and funds which are available in the current year's budget. AYES: 5 Councilmen: Skinner, Peavey, Morton, Temple, Corbin '^ NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Temple and passed by the following vote to authorize the Director of Finance to appear in court as the City's representative on small claims for and against the City. 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 to authorize a schedule of fees for the Police Department services as follows, for fingerprinting, clearance letters, etc.: 1. Fingerprinting $1.00 each card. 2. For each citizens' clearance letter processed - $1.00. 3. For each Immigration clearance letter processed, including fingerprinting, fingerprint classification, record bureau search, and forwarding of the letter to the Consular Office or Immigration Bureau designated - $2.50 each name. No fees to be charged where fingerprints are taken: 1. In criminal matters. 2. Of any applicant to take an examination given by the City of Downey. 3. Of a person associated with a charitable organization where such organization requires such person to be fingerprinted as a condition of serving such organization. 4. Of a person when requested by a Federal, State, or County agency within the City of Downey. A suggestion that a brown pigment be included in the concrete for median strips on Firestone Boulevard was referred to the City Beautifica- tion Committee. It was moved by Councilman Temple, seconded by Councilman Peavey and passed by the followingfvote to authorize Mrs. Ruth Miller, City Librarian, to attend the Annual American Library Association meeting in Chicago, Illinois, July 14 -20 with reasonable and necessary expenses allowed. 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 Peavey and passed by the following vote to authorize the following transfer of c�Arges for relocation of mercury vapor lights on Woodruff Avenue, project under Cash Contract #52: AMOUNT FROM ACCOUNT TO ACCOUNT $775.00 11040 AYES: 5 Councilmen: Skinner, NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None 4020 -3 Peavey, Morton, Temple, Corbin ^ It was moved by Councilman Skinner, seconded by Councilman Peavey and so ordered to authorize a review of suggested amendments to ordinance setting up and providing a basic tool which would be more effective for control of flies. The City Attorney reported the City had been served with a summons and complaint by W. W. Downing, et al. relative to rezoning said property from R -1 to R -3 (Vernon Blythe) and requested authority to represent the City in this case. It was moved by Councilman Peavey, seconded by Councilman Skinner and passed by the following vote that authority be granted to the City Attorney to defend the City Officers and the City Council and the Corporate City in the case of City of Downey vs. W. W. Downing, et al., 7952 Cole Street property. AYES: 3 Councilmen: Skinner, Peavey, Corbin NOES: 1 Councilman: Morton ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilman: Temple In response to Councilman Morton's inquiry as to the status of the study being carried on with regard to Harvey's Broiler, Chief of Police Ivan A. Robinson stated he had met with the committee immediately upon its formation and it had been agreed upon that they would wait for thirty days, then the chairman would call another meeting. The committee is presently inactive and no further meeting has been called to date; however, the Chief stated that he is making a survey of all calls pertaining to this type of operation throughout the community and is ready to make a report at any time. Mayor Corbin congratulated Councilman Morton on his completion of one year's service with the City,stating he had done a very good job. There being no further business at 11,45 P.M. City Cle to come before Council, the meeting adjourned Mayor