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HomeMy WebLinkAboutMinutes-09-29-77-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 29, 1977 T A B L E OF M I N U T E A C T I O N S SUBJECT: ACTION: Mayor proclaimed October 1977 as United Way Campaign Month Vacation of Century B1. ely of Barlin Av. Vacation #123 Removal of Items from Consent Calendar Minutes, September 13, 1977 Denial of Legal Claims: Ref. #340 & 342 General Warrants: #155175 - 155435 #203861 - 203908 Tract #32849, Caladre Ave.: Acceptance of improvements CC #423, Wilderness Park Development: Plans, specs & auth. advertising for bids f/concrete work & site development for play area, & auth, purchase of play apparatus & park sign Mayor proclaimed week of October 9-15, 1977, as Fire Prevention Week Downey Rose Float Association: City not to assist in future flower bills Resolution #3461, Ord. Dir. Comm. Dev. to make Report (Annex. 77/35 Pomering Rd.) Annex. 77/35 - Report of Director of Community Development Resolution #3462, Decl. Intention to Annex to City Ltg. Dist. (Annex. 77/35) Resolution #3463, Concurring w/Amendments to County Solid Waste Management Plan Resolution confirming Assmt. for Chptr. 27 for DIP #692, Site 2 (Firestone B1.) S.S. Project #318, Slurry Seal, Fiscal Yr. 1976-77: Accept imprvmts. & add'1 work S.S. Proj. #304, Quill Dr.: Plans, specs & auth. to advertise Misc. Transfer Drain 360: Auth. Mayor & City Clerk to execute two Quitclaim Deeds conveying City's interest to Flood Control Dist. Lease Agmt. for Golf Pro Services at Rio Hondo Golf Course bet. City & K. M. Cherry, Jr Deferred Comp. Plan for City employees: Terminate contract w/Financial Industries Services Corp. effective 12/31/77 Report on Needed Carpeting Replacements Prep. of Ord. re refund of Prop. Tax for senior citizens & hardship cases PAGE NO. [1 Hearing continued to 10/11/77 1 Approved Approved Approved Approved Approved 1 L 1 1 1 2 2 City Manager to inform Assn. 2 Adopted Received & filed Adopted Adopted Taken under submission Approved Approved Approved Approved as amended Approved For information only Referred to City Manager 3 3 3 3 3 4 4 4 4 5 5 5 Page 1 cf 2 COUNCIL MINUTES, SEPTEMBER 29, 1977 (ADJOURNED) TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT• 105 Freeway Corridor: Removal of dangerous & unsafe homes Trucks parking on property owned by Tahitian Village: Barricades to be installed Study session on Comprehensive Zoning Ord. Executive Session to discuss possible litigation & personnel matters ACTION: Referred to City Manager for list of homes Set for 4:30 pm, 10/5/77 PAGE NO. 5 5 6 6 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 29, 1977 6654 The City Council of the City of Downey held an adjourned regular meeting at 7:30 p.m., September 29, 1977, in the Council Chamber of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Council Members: Kenneth J. Miller William L. Greene Mayor Pro Tem Theodore H. Jackman Richard M. Jennings Mayor ABSENT: Hazel N. Scotto (excused) ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Martin F. Wynne, Director of Finance John T. Neavill, Director of Parks & Recreation Loren D. Morgan Police Chief William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Ronald S. Irwin, Battalian Chief Robert L. Shand, City Clerk -Treasurer Jeanne Cook, Deputy City Clerk -Treasurer The Invocation was delivered by Reverend Tom Jolly, Memorial Christian Church, followed by the Flag Salute led by Sue Balster of the United Way. Mayor Jennings proclaimed October 1977 as United Way Campaign Month. HEARINGS Vacation of Century Boulevard Easterly of Barlin Avenue Vacation No. 123 Councilman Greene asked that the Vacation be continued for further study. Mayor Jennings asked if there was anyone present who wished to speak to the proposed Vacation. A gentleman responded from the audience but indicated he had no objection to the hearing being continued to the next meeting. It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to open and continue the hearing to 7:30 p.m., October 11, 1977, in the Council Chamber of the Downey City Hall. CONSENT CALENDAR Agenda Item VIII-C-1, Cash Contract #423, was removed from the Consent Calendar. It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes of Regular City Council Meeting of September 13, 1977. Denial of Legal Claims: Ref. #340, James Robert Fagan; Ref. #342 David L. Gill. General Warrants: #155175 - 155435; #203861 - 203908: $657,547.18. Tract #32849, Caladre Avenue: Acceptance of improvements constructed. AYES: 4 Council Members. Miller, Greene, Jackman, Jennings ABSENT: 1 Council Member: Scotto Cash Contract #423, Wilderness Park Development Councilman Jackman inquired regarding the need for park equipment considering the expense involved. Council Minutes 9/29/77 (adjourned) -1- Mr. Neavill reviewed with the City Council the master plan for the park and the use of SE 174 Funds for development of the park. He said the need for the larger play apparatus is that particularly during the warm season enumerable children use the apparatus for small children. This area, he mentioned, will be near the two picnic shelters and should have tremendous park usage. Mr. Neavill described more fully the design and structure of the proposed play apparatus. Commenting on the proposed sign, he estimated the cost at $1500 and said the sign would be placed in a north -south direction to be seen from both directions on Florence Avenue. The sign would be eight feet from ground level as a deterrent against possible vandalism. Mayor Jennings noted there is a traffic control box near the proposed location of the sign, and it is completely covered with graffiti. He feels the sign should be set back in the park surrounded by a fence. Mr.. Neavill suggested that if the sign is set back in the park it should be elevated on a mound. Mayor Jennings concurred. Councilman Jackman said the park sign should be in conformance with the City's proposed Sign Ordinance. Mr. Goggin said the sign as proposed would meet the Ordinance requirements; the only problem might be the square footage. Discussion followed. Councilman Greene inquired regarding the status of Independence Park. Mr. Neavill replied the funds being spent for Wilderness Park are funds allo- cated the previous fiscal year and reallocated this present fiscal year. However, the funds approved by Council for use in Independence Park are State Park Bond Funds in the sum of $284,000 on a "no match" basis; the application has been sub- mitted to the State, and it is anticipated the funds will be available the first of the year. Responding to further questions of the Council, Mr. Neavill noted this project would complete Phase II of the work to be done in Wilderness Park. It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to approve plans and specifications and authorize advertising for bids on Cash Contract #423 for concrete work and site development for the play area, and authorize the purchase of play apparatus and park sign for Wilderness Park (Account #21-17110). AYES: 4 Council Members: Miller, Greene, Jackman, Jennings ABSENT: 1 Council Member: Scotto ORAL COMMUNICATIONS (Items not on Agenda) Mayor Jennings declared the week of October 9 - 15, 1977, as Fire Prevention Week . The annual open house at all Downey Fire Stations will be held on October 15, 1977. Mayor Jennings reported that the Downey Rose Float Association has earned $1400 profit from ice cream socials this summer, $500 from a Luau, and next week is having a rummage sale. Councilman Jackman asked about the possibility of the City being asked to pay for an extra flower bill this year for the Rose Float. Mayor Jennings asked the City Manager to inform the Rose Float Association that the City will not be paying for any assistance in the flower bill. ORDINANCES (None) RESOLUTION NO. 3461 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATION 77/35 POMERING ROAD) Council Minutes 9/29/77 (adjourned) -2- The Resolution was read by title only. It was moved by Councilman Greene, seconded by Councilman Miller, and so ordered to waive further reading. _aJ66 Mr. Spindel reported on the location of the annexation and noted because the lights will be mounted on existing wood poles there will be no installation cost to the property owners. The annual assessment will be 16G per $100 assessed valuation, which is the Zone I rate. It was moved by Councilman Greene, seconded by Councilman Miller, and so ordered to receive and file the report of the Director of Community Development. It was moved by Councilman Greene, seconded by Councilman Miller, and passed by the following vote to adopt Resolution No. 3461. AYES: 4 Council Members: Miller, Greene, Jackman, Jennings ABSENT: 1 Council Member: Scotto RESOLUTION NO. 3462 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 77/35 POMERING ROAD) The Resolution was read by title only. It was moved by Councilman Miller, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3462. 1977. Mayor Jennings noted the Resolution sets a hearing for 7:30 p.m., October 25, AYES: 4 Council Members: Miller, Greene, Jackman, Jennings ABSENT: 1 Council Member: Scotto RESOLUTION NO. 3463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONCURRING WITH AMENDMENTS TO THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT PLAN The Resolution was read by title only. It was moved by Councilman Greene, seconded by Councilman Miller, and so ordered to waive further reading. It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 3463. AYES: 4 Council Members: Miller, Greene, Jackman, Jennings ABSENT: 1 Council Member: Scotto Councilman Greene asked that the oceedings for Downev Improvement He questioned who would pay ay Road, be taken under submission for modifying the driveway. Mr. Spindel replied that usually modifications on private property to correct a driveway are paid for by the property owner; however, there have been cases when the City has paid the cost, depending on the circumstances involved. Mr. Sorensen advised that the City can justify paying for improvements on pri- vate property if it makes some finding or determination as to the cause for the improvement. Mr. Spindel explained the property owner claims vehicles scrape when exiting the easterly side of the driveway. He said for the safety of vehicles, they should exit on the westerly side when pulling out onto Firestone Boulevard. Councilman Jackman commented he entered and exited the driveway and his vehicle did not scrape, but he did use the westerly side of the driveway. Following further discussion, the Resolution was taken under submission. Council Minutes 9/29/77 (adjourned) -3- CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to accept the improvements completed in conjunction with S.S. Project #318, Slurry Seal, Fiscal Year 1976-77, and approve additional work in the amount of $1,383.46. Councilman Jackman asked why two extra streets were slurry sealed but were not included in the original project. Mr. Spindel explained the streets were brought to staff's attention after the contract had gone out to bid, and he pointed out this is done occasionally when streets that have been chip sealed have not turned out satisfactorily. Councilman Jackman noted several streets in his district, Airpoint for one, on which the chip sealing is not satisfactory. Mr. Spindel said he will check into it. AYES: 4 Council Members: Miller, Greene, Jackman, Jennings ABSENT: 1 Council Member: Scotto It was moved by Councilman Greene, seconded by Councilman Miller, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on S.S. Project #304, Quill Drive (Account #26-16175). AYES: 4 Council Members: Miller, Greene, Jackman, Jennings ABSENT: 1 Council Member: Scotto MISCELLANEOUS COUNCIL ACTIONS It was moved by Councilman Greene, seconded by Councilman Miller, and passed by the following vote to authorize the Mayor and City Clerk to execute two Quitclaim Deeds conveying the City's interest to the Flood Control District on Miscellaneous Transfer Drain 360. AYES: 4 Council Members: Miller, Greene, Jackman, Jennings ABSENT: 1 Council Member: Scotto Lease Agreement for Golf Pro Services at Rio Hondo Golf Course between city of Downey and Kenneth M. Cherry, Jr. Mayor Jennings introduced Mr. Cherry who was present in the audience. He then referred to a change in the agreement concerning maintenance of the golf carts, whereby the City will employ a casual mechanic to do the work and charge the pro. Mr. Thompson pointed to a change in the agreement which would give the City the ability to take possession of the Golf Course operation in the event something happed to Mr. Cherry. Mr. Neavill explained Mr. Cherry will carry a combined single limit public liability policy of $500,000 in the event of negligence established as a result of an accident and includes use of the golf carts. The City would be held harmless. A discussion was held regarding "marshalling" of the Golf Course by Mr. Cherry Councilman Greene referred to page 9, item 2, regarding replacement of worn milts and brushes, and asked if Mr. Cherry or City staff would be responsible for determining whether the mats needed replacement. Mr. Thompson said Mr. Cherry's opinion would be relied on; however, staff would exercise a certain amount of discretion. It was moved by Councilman Greene and seconded by Councilman Jackman to approve the Lease Agreement for Golf Pro Services at Rio Hondo Golf Course. (See motion as amended, Page 5.) Mr. Neavill stated it has been suggested that the faithful performance bond be increased from $7500 to $15,000. Mr. Wynne explained a question came up concerning the possibility of a situa- tion where the City would have to take over the operation of the Golf Course, and it occurred to him that $7500 would not be sufficient should the City suffer loss in sales. Council Minutes 9/29/77 (adjourned) -4- It was moved by Councilman Greene,.seconded by Councilman Jackman, and passed by the following vote to approve the Lease Agreement for Golf Pro Services at Rio Hondo Golf Course, as amended. AYES: 4 Council Members: Miller, Greene, Jackman, Jennings ABSENT: 1 Council Member: Scotto CITY MANAGER'S REPORT Mr. Thompson commented on the Deferred Compensation Plan for City employees and said a change is being recommended for authorization by the City Council. Mr. Wynne stated there have been a number of complaints concerning the adminis- tration of the contract by Financial Industries Services Corporation (FISC); also, the company moved from a local office to Austin, Texas, which has created a number of problems. He mentioned that since the City entered into a contract with FISC, savings and loan corporations have established deferred compensation programs at no cost to the employee and at a higher interest rate. For those reasons, Mr. Wynne said, staff is requesting authorization for the Mayor to sign a letter terminating the contract with FISC. Responding to questions, he explained that after terminating the contract effective December 31st, staff will review alternatives with savings and loan corporations for a new administrator of the City's deferred compensation program. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to terminate the contract with Financial Industries Services Corporation effective December 31, 1977. AYES: 4 Council Members: Miller, Greene, Jackman, Jennings ABSENT: 1 Council Member: Scotto Mr. Thompson indicated his report on Needed Carpeting Replacements was pre- sented to the Council for information only. ORAL COMMUNICATIONS Councilman Miller suggested the Council adopt an ordinance establishing a refund of Property Tax for senior citizens and hardship cases, similar to the pro- cedure used for refunding the Utility Users' Tax. Mr. Sorensen advised that the refund would only relate to that portion of the Tax levied by the City, and the refund would have to be processed through the City. The Council Members concurred. The City Manager will have an appropriate ordinance prepared. Councilman Greene inquired regarding the length of time Old River School Road will be under construction. Mr. Henriksen replied the contract runs through October 31st. Councilman Jackman stated that through Assemblyman Bruce Young's efforts, a bill was passed through the legislature and signed by Governor Brown providing for the removal of dangerous and unsafe homes in the 105 Freeway Corridor. However, he said, nothing will happen unless the City declares the homes dangerous and unsafe and petitions the court to have them removed by Caltrans. Mr. Thompson mentioned he thinks a list of such homes has been prepared by the Fire and Police Departments, as well as the Building Division. Councilman Jackman asked that a list of the homes be prepared and submitted to the Council for action. Councilman Jackman then inquired regarding the status of trucks parking on the property owned by the Tahitian Village. Mr. Thompson responded that an owner of Tahitian Village has indicated parking barricades will be installed to remedy the problem. Mayor Jennings announced that the City Planner has requested the Council hold a study session on the Comprehensive zoning Ordinance to review all of the recommenda- tions of the Planning Commission. The ordinance will then be retyped and submitted to the Council for introduction. Council Minutes 9/29/77 (adjourned) -5- YU 3 Mr. Goggin stated a list of the changes will be prepared for the Council's determination; then, the ordinance will be submitted to the Council at its meeting of October 25th for introduction. The Council set 4:30 p.m., October 5, 1977, as the time and date for study session on the Comprehensive Zoning ordinance. At 8:55 p.m., Mayor Jennings recessed the meeting to executive session to discuss possible litigation and personnel matters. Staff was excused from the meeting. The meeting resumed at 9:52 p.m., with Council Members Miller, Greene, Jackman, Jennings present; Councilwoman Scotto was absent. There being no further business to come before the City Council, the meeting was adjourned at 9:52 p.m. Robert L. Shand, City Clerk -Treasurer Council Minutes 9/29/77 (adjourned) -6-