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HomeMy WebLinkAboutMinutes-03-11-68-Regular Meeting3111 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 11, 1968 The City Council of the City of Downey, held a regular meeting at 7:30 p.m., March 11, 1968, in the Council Chamber of the Downey City Hall, Mayor Ben 'D Corbin presiding: PRESENT: Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin ALSO PRESENT: Oren L. King, City Manager Royal M. Sorensen, City Attorney Robert W. Gain, Fire Chief Ivan A. Robinson, Chief of Police Ray Lake, Director of Building & Safety William A. Goggin, Director of Planning James Ruth, Director of Parks & Recreation Robert L, Shand, Director of Finance Ervin Spindel, Director of Public Works Lee Leavitt, City Engineer Walter Wanke, Water Superintendent Don Warren, Deputy Fire Chief Donald B. Robison, Assistant to the City Manager Alberta Pfeiffer, City Clerk Katherine J. Holtzclaw, Executive Secretary Reverend Mark Gress, Downey Methodist Church, delivered the invocation. The Mayor announced the hour of 7:30 having come and gone, the hearing on Downey Improvement Project No. 567, Luxor Street, Old River School Road to west City Limits was opened, The Mayor inquired if notices had been sent out to all property owners, and the Director of Public Works replied that they had. Mr. Spindel reported that approximately 70% of the property owners signed the petition which related to improvements primarily on street paving and driveways to be put in under the provisions of Chapter 27 of the Streets and Highways Code. He stated that the petition was submitted under the condition that if the property owners were to pay their amount prior to the completion, it would be considered vol- untary construction, and charge for engineering and incidentals would not be made. This would be in accordance with established City policy. There are 52 sites in- volved in the project. Estimated cost of project is $13,500; estimated cost for paving with average 60' lot is $250; estimated cost for driveway apron where required is $65; however, anyone who has a full driveway would be required to pay the full amount. The Mayor inquired if there was anyone in the audience who wished to speak for or against D,I,P, 567 at this time, Mr. Fred B. Gutz, 7308 Luxor, asked if this was a firm bid or just an estimate, and Mr. Spindel replied that this is an estimate. He also stated that if the bid were to come in lower, the property owner would pay less and only what the actual cost would be, Mr. Gutz asked if they were required to pay more if the bid came in higher and also had doubts as to why a firm bid was not presented at this time, since at least two or three months had lapsed since they last met. Mr. Spindel reported that his Department usually estimated on the high side. He also reported that the City could not advertise until after a hearing is held; that these requirements are necessary under the Assessment District Law. Another hearing would be held if anyone chose to pay on time and in installments. This would determine the price of payments. Council Minutes - 3/11/68 - 1 - ad-12 Mr. Sorensen stated he thought some comments should be made concerning the determination of the cost. He stated that after the work is done, the Director of Public Works determines the unit cost charged by the contractor and adds to that the overhead administrative costs which are normal in any project of this kind. The hearing that is held before the City Council is primarily to determine an apportion- ment of the cost between the property owners. Actually, nothing can be done at that time about reducing the costs that have been levied by the contractor, for he is paid in accordance with the contract. The City Attorney did not want anyone misled in thinking that the charges imposed by the contractor could be reduced at that time, The Mayor asked if anyone else wished to speak regarding this Improvement Pro- ject and Mr. Donald L. Sparks, 7175 Luxor, inquired if the street improvements included the streets and curbs also. He was concerned about paying for the street again, since his was already in. Mr. Spindel replied that his street was already paved, and he would not be charged for any additional street paving. All that he needs is one driveway. There was more discussion as to the bids possibly being too high, and Council- man Temple stated that if the bids come in too high, City Council has the power to reject all bids and re -advertise. There being no further oral communications or protests, it was moved by Council- man Temple, seconded by Councilman Dickerson and passed by the following vote that the hearing on Downey Improvement Project No. 567 be closed. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Dickerson and passed by the following vote to authorize proceeding with the improvements under Downey Improvement Project No. 567, Luxor Street, Old River School Road to West City Limits, in accordance with Chapter 27 of the Streets and Highways Code. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Mayor introduced Mrs. Frances Keller, leader of the "Ki-Ya-Ta Troop, Camp Fire Girls," The Troop of 19 girls presented a plaque to the Mayor and thanked the City Council for helping to make their recent candy sale a success. Mayor Corbin announced the hour of 7:30 having come and gone, this is the time and place for the hearing on Downey Improvement Project No. 574, Cole Street, Para- mount Boulevard to Rives Avenue. Mr. Spindel stated the proper notices had been sent to the property owners by the Department of Public Works, Mr. Spindel added that this project is somewhat involved so he would take time to give some explanation, specifically noting Site Numbers 5 and 9 at 7822 Cole Street, and 7955 Cole Street, respectively, The Director of Public Works stated that at Site 5, 7822 Cole Street, the owner recently purchased this property subsequent to the initiation of the improvement of the area. The property owner has requested an extension of time in order to have a comparable time to the other property owners and has applied for matching funds for the sidewalks, The owner at Site 9, 7955 Cole Street, Craun's Market, has also requested an ^` extension df time because of major revisions contemplated for the property which are to be completed on August 15, 1968. Because of the circumstances of the impend- ing property revisions, a longer extension to September 15 to allow the necessary time was recommended, by the Director of Public Works. Mr. Spindel recommended, if Council approves the Chapter 27 proceedings, that the property owners of Sites 5 and 9 be granted the extensions which they requested, and that Site 5 be granted sidewalk matching funds. He added that all other property owners required to construct sidewalks, have had matching funds approved and have received a statement of the costs, Council Minutes - 3/11/68 - 2 - 3113 Mr. Spindel related the findings for each property owner by address, giving esti- mated cost for each as follows: Site 1 -- 12007 Smallwood - $425; Site 2 -- 12006 Smallwood - $480; Site 3 -- 12006 Samoline - $410; Site 4 -- 7805-7811 Cole Street - $600; Site 5 -- 7822 Cole Street - $926; Site 9 -- 7955 Cole Street - $1200. After Mr. Spindel's report, Mayor Corbin excused himself and left the Council Chamber, turning the hearing over to Mayor Pro Tempore Priscilla Dunnum, who an- nounced the public hearing on Downey Improvement Project No. 574, Cole Street, was officially open. The following persons spoke in protest to D.I.P. No. 574, Cole Street Improve- ments° Mr. Richard B. Newton, Attorney, representing Dr, and Mrs. Reiman, 7805 and 7811 Cole Street; Mr. William H. Smith, 12007 Smallwood; Mrs. Genevieve Lynd, 7845 Cole Street; Mr. Stringer, 12060 Smallwood; Mr. Bart Reitano, 12006 Samoline Lane, Mr. Newton stated that Dr. and Mrs. Reiman object to the notices, both from the standpoint of legal sufficiency and to the propriety requiring the Reimans to install curbs and gutters, Mr„ Newton questioned that 50% required under Chapter 27 proceed- ings or more curbs and gutters had been installed. Attorney Newton also questioned whether the notice complied with the provisions of the Streets and Highways Code (Section 5878.1), the reference to specifications being an insufficient designation as to how the work should be done, and what materials are to be used. A matter of a legal claim filed by the Reimans and pending litiga- tion was mentioned by Mr. Newton, as possibly having some bearing on requirement of these improvements, Attorney Newton also protested putting in the improvements which might later be removed due to pending condemnation or possible condemnation to utilize the area of the property which juts out on part of Cole Street. Mr. Newton requested City Council to give the matter further consideration on the points raised by him, and either rescind or abate the notice of February 1.3, 1968. The City Attorney stated that it was his opinion that Mr. Newton's primary ob- jection is that the notice does not set forth in detail the manner in which the work is to be done, but simply refers to specifications. Attorney Sorensen stated it constitutes sufficient notice under the statutes as to the manner in which it may be done., and it is quite acceptable in this type procedure to define the work and the method of doing the work in accordance with the specifications which are on file in the City. Mr., Sorensen stated as to the question of whether 50% of the block is improved, it is primarily a factual situation in which, from all appearances from the diagram looking northerly on Cole Street between Rives Avenue and Paramount Boulevard, there are 9 lots which have been improved and 8 which need improvement. Assuming that the lots had the same frontage, there would appear to be just over 50% which have been improved, The Director of Public Works stated that it is more than 50% improved at this time since 3 more lots, namely; 7827, 7829, and 7845, have been improved since the notices were sent out, Attorney Newton stated if the block is over 1000', only 1000' should be used as a block, Mr. Sorensen showed Mr. Newton the diagram of the area involved and they determined that Section 5870 of the Streets and Highways Code defined a block. Mr. Sorensen stated if a block is longer than 1000', 1000 ft. should be used for the purpose of determining what constitutes a block. Mr. Sorensen stated that measuring from the closest street, which would be Rives Avenue easterly 1000', there would still be over 50% with curb and gutter. Mr. Newton's next objection is whether the dead end intersection at Smallwood would con- stitute an intersection within the meaning of the Code, and that if it does, he con- tends that there is not a 50% improvement within that area lying between Rives and the prolongation of Smallwood Street, insofar as it affects the northerly side of Cole Street. she Code section appears to say that it is property frontage upon the street, through which the intersecting street extends. The City Attorney stated the measurement should be from Rives Avenue, 1000', to determine whether or not there is 50% improvement of the block. Council Minutes - 3/il/68 - 3 - 3114 Mayor Pro Tempore Dunnum stated that it is her interpretation of the Code that 1000' would be measured from Rives Avenue easterly without regard to where the projected street might be, were it to cross through. Mr. Spindel, answering the question as to whether 50% of the area has been improved, stated that measuring easterly on Cole Street, the only property not improved is the subject property and, therefore, 507. or more has been improved. *-" Mayor Pro Tempore Dunnum then questioned Mr. Newton as to what area he feels should be considered in determining 50% improvement, asking if it is from Rives Avenue to the point where Smallwood Avenue intersects Cole Street, and Mr. Newton agreed to that portion of his argument. The discrepancy would be the determination of where the intersection begins, whether or not at Paramount Boulevard. If the intersection begins at Smallwood or one of the dead end streets into Cole Street, then he would not use the 1000' argument, but would use the block as 50% or more improved. The Director of Public Works stated that measuring to the centerline of Small- wood Avenue from Rives Avenue, using the east or west property line, the result would still be 50% improvement; however, Attorney Newton stated in his observations it would not appear to be so.' Attorney Newton stated that he would respectfully request that until the question is resolved as to whether it is right to proceed, the matter be deferred until at least that is determined. The Director of Public Works stated that a condemnation proceeding is not pend- ing on Cole Street, however, there is a potential condemnation on Rives Avenue, and that particular condemnation on the Rives Avenue front does not affect the property in question except on the Rives Avenue frontage. With regard to Mr. Newton's reference to the fact that the part of Rives Avenue that. projects out is being condemned, Mr. Spindel stated that the City would not make improvements which might later need to be done over again. The improvements would be stopped before they got to that portion. Next to speak in protest was Mr. William H. Smith, who stated he had just com- pleted curb and gutter improvements on his property, and had the notice relative to installation of sidewalks and paving. Mr. Smith objected to having paid for a street improvement which now is damaged considerably due to chipping out the outer edge and new "patchwork quilting" paving, until it has cost him a considerable amount of money. He does not feel he should have to stand further cost. Councilmen Morton and Temple agreed that since Mr. Smith's street, which through the years has deteriorated and does not presently have the original line, he there- fore should be required to pay for street paving only to the original line of the street, and this item should be given more study. Mrs. Genevieve Lynd objected to the improvements -- paying for them twice, as she stated her street had already been improved. Mrs. Lynd also criticized the manner in which street repairs are made, stating also that these repairs do not seem to hold up. �... The Director of Public Works stated that the City is not asking for pavement on her side of the street. Mr. Stringer concurred with Mrs. Lynd's statements, adding that if the property owner is asked to pay for the street, then it should belong to the citizens and not to the publico He stated that in his opinion, Cole Street is a "hopscotch" street, with the curbs and sidewalks scattered here and there. He stated all the improvements should be done at one time and not extended over the next 10 years. Mr. Stringer also objected to the extension of time being considered for the other property owners. Council Minutes - 3/11/68 -4- 3115 Mr, Bart Reitano asked to have a confirmation that the improvements would not have to be put on the north side of Cole Street. Mr. Spindel responded that it was correct since the City did not have 50% paveout on the north side. If this improve- ment is put in, the south side would have 100% paveout, but until 50% is already put in on the north side, a request cannot be made to the property owners to improve that, area. Also, Mr. Reitano wished it confirmed that there is to be no paveout, gut�ers or curbs from Morning Avenue to Samoline Avenue on the south side of Cole Street P Mr. Spindel responded by saying he believed Mr. Reitano to be correct. Mr. Reitano added that he would like to see all the work done uniformly. His state- ment that he could not obtain a contractor to come out and make an estimate of the proposed improvements was confirmed by the Director of Public Works, who stated that it is extremely difficult to get a contraET6Y To find dri a 'small paVdUE, aria that the City would be most happy to improve the entire street at one time, but that it may take a number of years to accomplish this. This is the reason for the work being done "piecemeal" at the present time. The only manner in which the complete job could be done at once is to do it under the 1911 Act through petition sighed by 60% of the property owners. Mr. Spindel explained in detail the proceedings under Chapter 27 of the Streets and Highways Code, also giving the reasons for the hearings. Mr. Reitano's biggest objection was that he felt all the property owners should be compelled to have the improvements and not just the people on his block. Relative to Mr. Newton's question about the Reiman's claim filed against the City, Mayor Pro Tempore Dunnum advised that such claims are handled by the City Council in routine manner which, when called to their attention, are denied and referred to the City's insurance carrier. She stated that the claim has nothing whatsoever to do with the proceedings before the Council and would have no bearing on Council's action, Mr. Spindel, Director of Public Works, stated that he was cognizant that there is a claim pending against the City resulting from the work on Rives Avenue, however this has nothing to do with this particular case. Each case, he stated, is taken accord- ing to its own merits and the Department dpva not harrass or put pressure upon any citizen because there is a difference of opinion. There being no further communications or protests on DIP #574, Cole Street, it was moved by Councilman Temple, seconded by Councilman Dickerson to close the hearing on Downey Improvement Project No. 574, take the matter under submission for further study, and report to Council on the paving situation before a decision is made, Councilman Morton directed Mr. Spindel to furnish Council with the frontage footage on Cole Street of Lot Numbers 7805, 7811, 7819, 7823 and 7827, with both the 5' dedication for the possible condemnation on Rives, and without. Mayor Pro Te.mpore called for the vote on the motion: AYES: 4 Councilmen: Morton, Dunnum, Temple, Dickerson, NOES: 0 Councilmen: None ABSENT: 1 Councilman: Corbin Council Minutes - 3/11/68 -5- 3116 Mayor Pro Tempore Dunnum declared a 10-minute recess with Council reconvening at 9:15 p.m. with roll call, all members of Council being present. Mayor Corbin opened the hearing on Downey Improvement Project No. 573, 13047 Barlin Avenue (Gardendale frontage). Mr. Spindel stated this project was also under the Chapter 27 proceedings for the construction of curbs, gutters, and driveway apron. Once again, he stated this is a new property owner who has been contacted, informed of the proceedings, and given the cost. The estimated cost of $550, is less if it is done with another project. There is another project on Gardendale done concurrently on a right-of-way exchange. Both of these can be accomplished at the same time. Mr. Spindel requested authority to proceed with this. The Mayor asked if there was anyone in the audience who would like to speak for or against this matter. There was no response. It was.moved by Councilman Temple, seconded by Councilman Dickerson and passed by the following vote that the hearing on Downey Improvement Project No. 573, 13047 Barlin Avenue (Gardendale Frontage) be closed. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, .Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Dickerson, seconded by Councilman -Temple and passed by the following vote to authorize the Department of Public Works to proceed with improvements on Downey Improvement Project No, 573, 13047 Barlin Avenue, AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen! None ABSENT: 0 Councilmen: None The Mayor opened the hearing on the Downey City Lighting District, Annexation F, Area 2, Zone 4, Gallatin Road, east of Downey -Sanford Bridge Road. The Mayor .inquired if the City Clerk had affidavits of posting, mailing and pub- lication. The City Clerk replied that she had the affidavits; received and filed, Mr„ Spindel reported that this is a hearing on the proposed lighting district on Gallatin Road-wester-ly-to easterly, This lighting district would have five (5) 7000•lumen mercury vapor 'lights on metal utility poles. The estimated cost for the first two years is $625. for five (5) standards; $228. for the maintenance and opera- ting costs; 47(� per $100, assessed value of land and. improvements, after which it would be annexed into the regular city lighting district at the standard rate of approximately 20G per $100. There being no oral or written communications or protests to this matter, it was moved by Councilman Temple, seconded by Councilman Dickerson and passed by the following vote that the hearing on Downey City Lighting District, Annexation F, Area 2, Zone 4, Gallatin Road, east of Downey -Sanford Bridge Road be closed. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen. None ABSENT: 0 Councilmen: None Mr. Spindel commented that the property owners on the N.W. corner of Casanes and Gallatin -objected to the location of the lights and asked i-f they could be moved across the street to the easterly property line of 9522. It can be done without any adverse - effects to the lighting district. The Mayor inquired if the residents at 9522 would object to this and Mr. Spindel replied to the negative. RESOLUTION NO. 2040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON THE STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JUNE 30, 1.971 (ANNEXATION F - AREA 2 - ZONE 4) (GALLATIN-ROAD EAST- OF-DOWNEY-SANFORD BRIDGE ROAD) The City Clerk read the resolution by title only. Council Minutes - 3/11/68 - 6 - 31,1( The City Attorney advised that the report submitted by Mr. Spindel should be changed to show the relocation of the lights. It was moved by Councilman Temple, seconded by Councilman Dickerson and passed by the following vote to order the report on file changed to show the relocation of the lights to the easterly property line of 9522 Gallatin Road. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES.* 0 Councilmen: None ABSENT: 0 Councilmen. None It was moved by Councilman Temple, seconded by Councilman Dickerson and so ordered to waive further. reading. It was moved by Councilman Temple, seconded by Councilman Dickerson and passed by the following vote to adopt Resolution No. 2040. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT.* 0 Councilmen., None It was moved by Councilwoman Dunnum, seconded by Councilman Temple and so ordered to approve the minutes as corrected of the February 27, 1968 meeting. The City Clerk reported on the following correspondence: A :letter from Adrian Wilson Associates relative to soil tests required for the Downey Theatre Site. The City Manager reported that as ­a result of a request by the Council to investigate further the soil test for the Downey City Theatre Site, it was recommended that the .firm of Sladden Engineering be retained to do the soil bor- ings on the theatre site in accordance with their proposal at a cost of $1700. It was moved by Councilwoman Dunnum, seconded by Councilman Temple and passed by the following vote: that the firm of Sl.adden Engineering be retained to do the soil borings on the Downey City Theatre site in accordance with their proposal at a cost of $1700. AYES.* 5 Councilmen., Morton, :Dunnum, Temple, Dickerson, Corbin NOES- 0 Councilmen® None ABSENTn 0 Councilmen° None A memorandum to the City Manager from the Director of Public Works relative to a report on the parking study of Nance Street between Downey Avenue and LaReina Avenue, Mr. King reported that this study was made at -Council request and -involves two parking studies for the development of Nance Street and this area: One study is the 20' strip along the Southern Pacific property, and the other would be the relocation of Nance Street, southerly to the north line of the SPRR right-of-way. The City Manager stated he has not been able to contact the SPRR people in the past two weeks, but will do so and bring 'back a report to the next Council meeting. Mr. Mickey King, restaurant owner, came forth from the audience and stated he was interested in this study as he is interested in having a restaurant. -in Downey, and that parking might be a problem at the location he has chosen -_ Downey Avenue and Firestone. There would be 50 parking places short at -this location. Councilwoman Dunnum recommended that the reports presented by the Director of Public Works on the Nance Street study, be made available to Mr. Mickey King for his study. Councilman Morton stated he suggested at a previous Council meeting that a study be initiated of the closing of Nance Street, but keeping it open for the purpose of parking only. He does not find included this additional study, and - would like to have the study made of the possibility of making angle parking on Nance Street, with one-way ingress or egress from Downey Avenue. Councilman Temple concurred with this suggestion. It was moved by Councilman Dickerson, seconded by Councilwoman Dunnum and passed by the following vote to take this report under submission and add to it an additional study of Nance Street closing all the way from Downey Avenue to LaReina. AYES: 5 Councilmen.* Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen.* None Council Minutes - 3/11/68 m 7 3118 A special audit report from Diehl, Evans and Company - Ordered received and filed. Letter from Parking Company of. America relative to parking lot bids. Ordered received and filed. Letter from Donald R. Hallman expressing appreciation to City of Downey. Or- dered received and filed. Memorandum from Walter Wanke, Director of Wat-er Department relative to the dis- position of Second Street property formerly housing the water offices. Ordered received and filed. Letter from Southern Pacific Company relative to the railroad station reloca- tion. Ordered received and filed. Leetter. .from Continental Service Company relative to negotiations for sale of Bank of America property. Ordered received and filed. Letter from City of Bell. Gardens with copy of resolution regardind ad valorem tax. Ordered received and filed. Letter from Controller of the State of California relative to city and county's share of revenues, Ordered received and filed. Letter from J. E. Grove of Southern California Auto Club commending Fireman Clinton Crosby of the Downey Fire Department. Ordered received and filed. Letter from Hal. 0. Bland, Public Works Department, expressing appreciation during his last illness. Ordered received and filed. Legal claims from Kenneth W. Perkins, Jr. and Mrs. Myrtle Binkley. It was moved by Councilman 'Temple, seconded by Councilman Dickerson and passed by the fol- lowing vote to deny the claims of Kenneth W. Perkins, Jr. and Mrs. Myrtle Binkley, and refer to the City's .Insurance Carrier, AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT- 0 Councilmen: None Legal claim presented by the City Manager from Mr. R. E. Brewer, 3260 Firestone Boulevard, South Gate. It was moved by Councilman Temple, seconded by Councilman Dickerson and passed by the following vote to deny the claim of Mr. R. E. Brewer and refer to the City's Insurance Carrier. AYES- 5 Councilmen. Morton, Dunnum, Temple, Dickerson, Corbin NOES;; 0 Councilmen: None ABSENT: 0 Councilmen: None Letter from Douglas B. Warren, Legal Counsel for Big Boy Restaurants, relative to traffic control on Florence Avenue for access into the proposed Big Boy Restaurant. Mr. Warren came forth and stated --there were briefly three matters of concern: 1. A left turn from Florence Avenue going westbound there will necessitate removal of a portion of the center divider. 2. Coming west on Florence there is a left -turn lane, but the signal has no arrow which will allow a left turn into the restaurant parking. 3. There is already a signal for cars proceeding east on Florence at the pro- posed driveway for entrance and that signal would have to be moved out of the driveway farther down Florence Avenue, He stated this is a question of whether it is fair and reasonable -for- the bur- den of the expense. Mr. Warren proposed that the cost of moving the light and con- crete work be shared and recommended that the cost of signals be borne by the City since it is primarily a safety factor. Council Minutes - 3/11/68 - 8 - 3119 Councilman Dickerson inquired if this had been studied by the Traffic Committee, Councilman Morton stated that since this is a fairly extensive request, further consideration is warranted, Mr. Spindel stated that the reason the Traffic Committee has not seen this previously, is because the letter was received after the Traffic Committee had last met. There was more discussion regarding the left -turn sign, the safety of turning left into the proposed location, and the illegality of left turns into the existing restaurant at the location in question. It was moved by Councilman Dickerson, seconded by Councilman Morton and passed by the following vote to refer this to the Traffic Committee for further study and bring a recommendation back to Council with Mr. Spindel directed to notify Mr. Warren of the results. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Letter from Mr, R. Wehba, 7636 Florence Avenue -,-Downey, who also came up and elaborated on the contents of his Letter. This was relative to considerable damage to his home during a geophysical survey about 2:30 - 3:30 a.m. Councilman Dickerson stated the report was complete and detailed, as he had viewed the damage himself. The Company is not receptive to correcting the damages. Since the City had granted authority to have this done, Councilman Dickerson stated he felt the City, rather than the property owner„ should contact the Company making the survey, for some action on a settlement, Councilman Morton stated he was happy to see Mr. Wehba come in and tell his problem. He stated that the representative of the American -Petrofina Exploration Company stated very specifically that all matters, claims or complaints would be handled, Councilman Morton stated it appeared to him that they have violated the agreement they stated to City Council, He is of the opinion that it is incumbent upon the City Council to make sure property owners' claims are honored, Councilman Dickerson stated that in the minutes of the February 14th meeting it showed other damage was done between 2:30 and 3:00 a.m. The representative stated at that time their operations would be during daylight hours in residential areas. The time e'.l.ement alone shows the company in violation of the agreement, Mayor Corbin inquired if Mr, Wehba had estimated how much damage was caused as he thinks a letter should be sent to remind the Exploration Company of their ob- ligation, He stated the letter should be from the Mayor a-nd- the City Manager, followed up by the City Manager with a copy of all correspondence being furnished to Mr. Wehba, Mr, Wehba-.was tha -ked for his appearance Mr. King reported on a letter from the Boys' Republic relative to making "Della Robbia Christmas Wreaths," gathering materials throughout the City. Police Chief Robinson recoRartended approval and stated this would pose no problem, a conference on Notice from League of California Cities relative/to/relationships with or- ganized public employees, The City Manager.requested that either the City Manager or his assistant be. allowed to go to the Personnel Conference at the Edgewater Inn Marina Hotel in Long Beach, March 22-24, 1968 with reasonable expenses allowed. It was moved by Councilman Morton, seconded by Councilman -Temple and passed by the following vote that either the City Manager or his assistant be allowed to attend the Public Personnel Association Conference on Relationships with Organized Public Employees sponsored by the League of California Cities to be held at the Edgewater Inn Marina Hotel in Long Beach, March 22-24, 1968 with reasonable expenses allowed. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes - 3/11/68 - 9 - 31-20 A memo .relative to police auction of property that has been held over the time period designated by the Code, which is scheduled for March 16, 1968 at 10:00 a.m. in the patio area to the rear of the City Hallo Ordered received and filed. A report from the Director of Public Works showing vibroseis survey permits and locations, Ordered received and filed, Mr, King stated he had received an agreement from Dr, Robert Flynn for the pur- chase of his property at 2nd and Dolan Streets which consists of the westerly 722 feet of the. northerly 150 feet. of Block 7 of the Tract of the Downey Land Association, as per Map recorded in Book 2, Page 434 of Miscellaneous Records, in the Office of the County Recorder of said County, and recommended authorization from Council for entering into escrow with a provision for Dr, Flynn to occupy and collect all rent due for a period of one year, It was moved by Councilwoman Dunnum, seconded by Councilman Temple and passed by the following vote to authorize the Mayor and/or City Manager to -enter, into escrow with Dr Flynn to allow him to occupy the premises not to exceed one year, and to authorize the Mayor and/or City Manager to sign the agreement as recommended by the City Manager AYES- 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES- 0 Councilmen-. None ABSENT- 0 Councilmen, None The City Manager stated of 13 inquiries to persons who might have use of the 94 Council Cbamb,-r chair, replaced with upholstered seating, the Pentacostal Church was the only group which had a use for them, It was moved by Councilman Temple, seconded by Councilwoman Dunnum and passed by the following vote: to declare the 94 old Council Chamber chairs as surplus and no longer net!ded for City use as ruled on by the City Attorney, and allow Reverend Carney of th;? Pe:nte.c:ostal Church of .Downey to have the chairs for use in their Sunday S--hool classrooms for the junior and teenage level. AYES- 5 C'ouncitmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 K ounci lmt�n None ABSENT- 0 Counc i lmt.n None O.RD'INANCE NO, AN ORDINANCE OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING CHAPTER 5 CONSISTING OF SECTIONS 7500 THROUGH 7510 TO ARTICLE VI.I. OF SAID CODE WHICH SAID 'CHAPTERS ESTABLISHES REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLA- TION OF' UNDERGROUND FACILITIES IN UNDERGROUND -UTILITY DISTRICTS The Ordinance: way reed 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 Ind passed by the following vote to .introduce ordinance relating to removal of overhead utility facilities and the installation of underground facilities in underground utility districts, AYES-. 5 Councilmen. Morton, Dunnum, Temple, Dickerson, Corbin NOES 0 Councilmen-, None ABSENT- 0 Councilmen, None Mr. Dee Dickson of the Southern California Edison Company and Mr. Norman Montgomery of the General Telephone Company stated that they had no objections to the Ordinance on undergrounding utilities and also stated it was a step in the right direction, Council Minutes a 3/11/68 - 10 3i z1 ORDINANCE NO. 343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING PART 9 TO CHAPTER 5 OF ARTICLE VI OF THE DOWNEY MUNICIPAL CODE, WHICH SAID PART CONSISTS OF SECTIONS 6581 THROUGH 6586 AND ADDING SECTION 6269 RELATING TO BUSINESS :LICENSES The Ordinance was read in full by the City Attorney in accordance with the City Charter, It was moved by Councilman Temple, seconded by Councilwoman Dunnum and passed by the following vote that Ordinance No.. 343 be adopted as an emergency ordinance. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION N0;,2041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ASCERTAINING THE GENERAL PREVAILING RATE OF PER DIEM WAGES TO BE PAID UPON PUBLIC WORK WITHIN THE CITY The resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Temple and so ordered that further reading be waived. It was moved by Councilman Temple, seconded by Councilman Morton and passed by the following vote to adopt Resolution No. 2041, AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 26225, ACCEPTING THE DEDICATION THEREIN OFFERED, APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPTANCE OF A CASH ASSIGNMENT (Stamps and Charloma) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Dickerson and so ordered that further reading be waived. It was moved by Councilman Dickerson, seconded by Councilman Temple and passed by the following vote to adopt resolution No, 2042. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT- 0 Councilmen: None RESOLUTION NO. 2043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE SELECT SYSTEM OF STREETS BY CERTAIN ADDI- TIONS AND DELETION The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Dickerson and -so ordered that further reading be waived. It was moved by Councilman Dickerson, seconded by Councilman Temple and passed by the following vote to adopt Resolution No, 2043. - AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes - 3/11/68 - 11 - RESOLUTION N0, WS -578 1,E2 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 (# 61711 62191 $146,475.38) (PAYROLL) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Dickerson and so ordered that further reading be waived. It was moved 'by Councilman Temple, seconded by Councilman Dickerson and passed by the following vote to adopt Resolution No, WS 578. AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OC1T OF' WHICH THE SAME ARE TO BE PAID (#30064 - 60213 $1,64,770.98) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilwoman Dunnum and so ordered that further reading be waived, It was moved by Councilman Dickerson, seconded by Councilman Temple and passed by the following vote to adopt Resolution No, WS-579, AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES- 0 Councilmen: None ABSENT: 0 Councilmen: None After summation of bids, it was moved by Councilman Temple, seconded by Coun- cilman Morton and passed by the following vote to award contract for Cash Contract #SS-132, Unit 1, North side Stewart and Gray Road between Pernell Avenue and the west City Limit, to the lowest and best bidder, W. R. Wilkinson Co., Inc, of Baldwin Park, in the amount of the unit prices submitted in the bid proposal, and that all other bids be rejected. AYES- 5 Councilmen- Morton, Dunnum, Temple, Dickerson, Corbin NOES- 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Dickerson and passed by the following vote to approve plans and specifications and authorize advertising for bids for Cash Contract No, S.S. 168, Imperial Highway between Para- mount Boulevard and Downey Avenue, AYES- 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Manager reported the City of Downey has participated in the County Cooperative Gasoline Contract Program since July 1, 1960, realizing a significant savings in gasoline cost due to the high volume bid submission. It was moved by Councilman Dickerson, seconded by Councilman Temple and passed by the following vote to grant authority to enter a bid with the County of Los Angeles for estimated annual requirements of gasoline for the fiscal year 1968-69.a- AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES- 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes - 3/11/68 - 12 - 3123 The City Manager expressed appreciation to the City Council and all City em- ployees for their kindness during his recent illness. Councilman -Temple stated he received a complaint that the Park Water Company facilities on Imperial Highway produce rusty water. Mr. Wa-nke-,-D-hector of the Water Department, responded that he would talk with Mr. Cook of the Park Water Company to see what action has been taken. The City Attorney advised reporting this to the Public Utilities Commission. Councilman Temple reported he had received more complaints regarding a dangerous situation on the west side of Paramount between Melva and Springer Streets. He checked that location and found a sign had been installed next to the school zone sign which cannot be seen because it is too close to the corner. It is extremely unsafe to come out on Springer and make a left turn onto Paramount. He suggested eliminating parking of the big trucks on the streets all night. Chief Robinson stated there is no way to prohibit the trucks from parking on a major street, but they cannot park on the residential streets. He stated signs must be posted every 150' to prohibit the trucks from parking. It was moved by Councilman Temple, seconded by Councilman Morton and so or- dered to have a resolution drawn up relative to posting a sign prohibiting trucks from parking at least 400' from Springer Street on the west side of Paramount Boulevard. Councilwoman Dunnum requested the Traffic Committee to commence a study of the main arteries leading into the new hospital area, with particular -reference to both vehicular and pedestrian traffic with emphasis on safety lighting, intersection signals, and sidewalks which may be found, from this Traffic Committee -study, to.be:needed; the study should particularly include the areas leading to the Alameda -Elementary School. This is a direct route that would be taken by ambulances and vehicles speeding to the hospital. Councilwoman Dunnum requested the Traffic Committee commence this study and report back to Council as soon as -is possible. Councilwoman Dunnum stated that at prior meetings a review of the Master Plan had been requested and that it had been determined property owners be given the opportunity to present to the Director of Planning their views; that the Hospital Site should be reviewed as a priority area. It was moved by Councilwoman Dunnum, seconded by Councilman Morton and passed by the following vote that a review be commenced now of the Master Plan of the area from Cleta Street to Firestone Boulevard, and Downey Avenue to Lakewood Boulevard; that each of the property owners within that area -be notified in writing of a time during a morning, and a time during an evening which the property owners may appear and state their opinions of the best land -use to the Director of Planning; that these interviews be so scheduled that they will be concluded at least two weeks prior to any hearing to -be conducted by the Planning Commission in order to give the Planning Director the benefit of the interviews in making his -recom- mendations; that this procedure -be a pilot program for the further review of the Master Plan; that the Gity-Council be advised of the dates -of the interviews. (In seconding the motion, Councilman Morton stated that -City Council brought this up at a previous meeting. He suggested the scheduled meetings be set up in the Council Chamb-ers, one in the morning and one in the evening, to explain what the problem is, and give each individual property owner the opportunity to express his views prior to any recommendatio-ns being formulated in an-overa-11 analysis-.) AYES: 5 Councilmen: Morton, Dunnum, Temple, Dickerson, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Manager -presented -a copy of letter sent to the Southern California Rapid Transit District advising them that the City of Downey does not agree with them in using the radio frequency adjoining the one allocated to the City of Downey Public Works Department. The City Manager stated he received a phone call from Mr. Al Springer of Bank of America relative to the House Banking Committee ruling that the banks be allowed to purchase revenue type bonds, This has been approved by the League of California Cities, and a matter for the City of Downey to refer to Congressman Del Clauson, requesting his support, Council Minutes 3/11/68 - 13 - 3IZ4 The City Manager stated..he has written a letter to Mr. Peter Weinberger, Cali- fornia State Employment Service, in an effort toward maint-aining the services of the Downey -Youth Employment Service in Downey, Mr, King stated he would work with the Lions Club, the Coordinating Council, and other service groups in an effort to bring the Downey Youth Employment Service to its original -.status-. Councilman Morton requested Mr. King look into the proposed amended Ass-emhly Bill whereby the Brown Act would apply also to Citizens Committees, Councilman Morton requested Mr. King to bring back a report to the next Council meeting in the event Council would want to take action in the form of a letter, Councilman Temple reminded Council that the Health and San-itat-ion-Gode had- been previously held for study and he recommended expediting this matter, Mr. Spindel advised that a meeting could not be held to date, but it is hoped the study can be started soon, Mr. Spindel reported regarding the inquiry of Mr. Cole, Gene-ra-l-Manager of the Chamber of Commerce relative to signs for the 605 Freeway, lie had. -received -word from the Division of Highways that the signs are being fabricated at the present time and -will. be installed shortly. Councilman -Morton objected to matters of correspondence being placed on the Council desks the night of the meeting, and requested this be avoided whenever Possible, Council concurred in this request, The City Manager -advised that some of the matters needed immediate action due to their deadline -date and that this correspondence had been held up due to his absence because of illness, The letters submitted by the City Manager which needed action were approved by Council as sub- mitted, Mr„ William Cole, General Manager of the Downey Chamber of Commerce, stated with regard to the Downey Youth Employment Service, difficulties have arisen due to the increase in the minimum wage rate to $1,65, Many employers who contact the Youth Employment Service for yard work feel that- $1.65 is too much for the type of work to be done, Mr. Cole and the City Manager concurred -that -Mrs. Doris Colby and others in the Downey Youth Employment Service Office have been doing an ex- cellent job, Mr„ Cole further -stated he would like to assist in this matter and that he hoped the program can be continued to help these young people, Mr. Wendell Wiser, 7816 Seventh Street, inquired about the effect on St. Francis Hospital, in Lynwood when the Downey Community Hospital is complete, and also questioned that there would be sufficient parking. Other inquiries mad-e-by Mr. Wiser were regarding a previous study request for undergrounding utilities at Firestone Boulevard and Paramount Boulevard, (Mr; Spindel, Director of Public Works-, replied that -the City has a street widening project scheduled in that area within the next year and -that probably a -study could be made at that time for undergrounding utilities,) and also a previous request with reference to opening Ryerson Street to Firestone Boulevard, (Councilman Dickerson replied that a steady was made three --or four years ago and at t-h-at, t-ime the Southern Pacific Railroad Company -would not. a-l-low an-undexpass to go under the railroad tracks - bet.ween Ryerson Street where it dead ends over to Firestone Boulevard, He added that from Old River School Road westerly, an incline starts which would make it very costly to install a subway). Council. recommended taking another look at this area to see if there has been any change in the situation, There: was further discussion regarding parking for the new hospital, and it was determined that with double deck parking, there would be sufficient parking .� spaces to accomodate a 500-bed hospital. There being no further business to come before the Council, the meeting was adjourned at 10.45 p.m. Alberta �fedrt"fer- ` v� `� Ben `D Corbin City Clerk Mayor Council Minutes - 3/11/68 m 14