HomeMy WebLinkAboutMinutes - 09-24-96 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
SEPTEMBER 24, 1996
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE Na
Certificate of Appointment for Cynthia Magana, Citizens' Appointee was
Health & Environmental Sanitation Committee, Dist. 5 not present 1
Proclamations of Achievement to Eagle Scouts, Boy
Scout Troop #307 1
Proclamation re Lawsuit Abuse Awareness Week 1
Request by Police Chief for allocation of anticipated
monies within the Supplemental Law Enforcement Services Approved 2
Removal of Items from the Consent Calendar 3
Council Minutes: Adj. & Regular Meetings, 9/10/96 Approved 3
Warrants Issued: #124887 - 125259 Approved 3
Res. #5989, amending City's Conflict of Interest Code Adopted 3
Res. #5990, approving final subdivision map of Parcel
Map No. 24577 (1 2508 Clark Av. & 9 151 Imperial Hwy.) Adopted 3
Ord. amending Downey Municipal Code re licensing of
solid waste collection businesses Introduced 4
Ord. #1028, granting consent to the transfer of control of
a cable television franchise from Continental Cablevision,
Inc. to US West Inc. Adopted 4
Agreement between the City & American Cablesystems of
Calif., Inc. re reimbursement of City's administration
expenses in connection with the transfer request Approved 4
Ord. approving an amendment to the Joint Exercise of Powers
Agreement between member cities extending the term of the
Southeast Area Animal Control Authority Continued 6
Joel Lubin re Assembly Bill 1504 & Hospital issue 6
PAGE 1 OF 3
COUNCIL MINUTES, SEPTEMBER 24, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Rob Robertson, American Red Cross Rio Hondo Chapter,
introduced new Executive Director, Julie Van Doren 6
Paul Fiola re need for more police involvement on the
7300 block of Dinwiddie St. 6
Landscape Maintenance Contract with Mariposa Horticultural
Enterprises Inc., for landscape maintenance services for medians,
parkways, freeway sound walls & water well sites Approved 7
Downtown Lighting Improvements: Authorize staff to include
upgrading of downtown lighting improvements in conjunction
with the parking structure and theater streetscape projects Approved 7
Youth Corps Project Agreement/Private Industry Council:
Approve contract to provide Youth Corps Program in Downey Approved 8
Cn. Riley re impact closure of intersection at Firestone Bi. &
Old River School Rd. is having on Rives Av. 8
Cn. Riley re businesses in residential area on Adwen St. 8
Cn. Riley re possible illegal activities in area of Imperial Hwy.
& Old River School Rd. 8
Cn. McCaughan re problem neighborhoods in the City 8
Cn. McCaughan re temporary closure of Firestone Bl. & Old
River School Rd. 8
Cn. McCaughan re complaint about activities on Dinwiddie St. 8
Cn. McCaughan re program for kids -at -risk & assistance for kids
not -at -risk but in need of assistance 8
Cn. McCaughan re computer access to school children by Downey
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City Library 8
Cn. Brazelton re comments about problems on Dinwiddie St. 8
Cn. Boggs advised No. 5 on Top 10 List concerns 25 foot lots in
the Golden Park area 9
PAGE 2 OF 3
COUNCIL MINUTES, SEPTEMBER 24, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT
ACTION PAGE NO.
Mayor Lawrence thanked Fire Dept. for the emotional
support and assistance given to the Larson family after
recent home fire
9
Mr. Caton re assistance from Congress to preserve jobs
at Rockwell 9
Chief Irwin re Fire Prevention Week
9
Meeting adjourned to 6:30 p.m., October 8, 1996
9
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PAGE 3 OF 3
C' .
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
SEPTEMBER 24, 1996
The City Council of the City of Downey held a regular meeting at 7:49 p.m., September 24,
1996, in the Council Chamber of the Downey City Hall, Mayor Joyce L. Lawrence presiding.
PRESENT: Council Members:
Joyce L. Lawrence Mayor
Diane P. Boggs Mayor ProTem
Robert S. Brazelton
Gary P. McCaughan
Barbara J. Riley
ALSO PRESENT: Gerald M. Caton, City Manager
Tim McOsker, City Attorney
Judith McDonnell, City Clerk - Treasurer
Lee Powell, Assistant City Manager
Greg Caldwell, Police Chief
Ron Irwin, Fire Chief
James Jarrett, Director of Communit y Services
Art Rangel, Director of Economic & Community Development
Richard Redmayne, Director of Public Works
Lowell Williams, Director of Finance
Shirley Bennett, Superintendent of Physical Services
Bob Brace, City Engineer
Robert Gallagher, Building Official
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
Shirley Conte, Executive Secretary
PRESENTATIONS
Cynthia Magana was not present to receive the Certificate of Appointment to the Citizens'
Health and Environmental Sanitation Committee, District 5.
Mayor Lawrence presented Proclamations of Achievement to Eagle Scouts Chad Gleason,
Mike Townsend, Steve Townsend and Mike Wilcox, Boy Scout Troop #307.
Mayor Lawrence presented a proclamation to Susan Choulkes, Board Member of Citizens
Against Lawsuit Abuse, declaring the week of September 23 -27, 1996, Lawsuit Abuse Awareness
Week.
Council Minutes 9/24/96 -1-
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HEARINGS
Mayor Lawrence opened the public hearing on SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND.
Ms. McDonnell affirmed receipt of the proof of publication. It was moved by Council Member
Boggs, seconded by Council Member McCaughan, and so ordered to receive and file.
Chief Caldwell reported that this is being presented as a result of a bill signed by Governor
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--- Wilson in July, known as the COPS Program, Citizen's Option for Public Safety. He noted he has
been awaiting information since then to bring to the Council but no information was forthcoming. He
and Captain Finch have contacted the League of California Cities and other agencies and were advised
the funds amount to $2.30 per person based on a census, which would bring the City of Downey about
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$210,000. He advised an urgent fax was received from the League of California Cities on September
11, 1996, indicating this matter must be brought before the City Council for recommendations on how
the funds are to be used to supplement current monies for law enforcement services. Chief Caldwell
described the department's recommendations for use of these funds such as: set aside $17,000 for the
purchase of ballistic helmets; set aside $5,000 for new cardiovascular workout equipment; and use the
remainder for police overtime involved in activities such as neighborhood watch, DUI child safety seat
check points, bicycle patrol and horse patrol at special events, auto theft bait car ro ram and alcohol
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patrols in City parks.
There was no correspondence received regarding this matter.
Mayor Lawrence asked if there was anyone present wishing to speak regarding the
Supplemental Law Enforcement Services Fund.
Paul Fiola, 7314 Dinwiddie Street, suggested some of the funds be used for drug enforcement
in his neighborhood where this is a big problem.
There being no one else to speak in favor or in opposition to the Supplemental Law
Enforcement Services Fund, it was moved by Council Member Boggs, seconded by Council Member
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Brazelton, and so ordered to close the hearing.
It was moved by Council Member Boggs, seconded by Council Member McCaughan, and
unanimously carried to approve the request by the Chief of Police for the allocation of anticipated
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monies within the Supplemental Law Enforcement Services.
Council Member McCaughan asked that the final proposal be brought back to Council when
funds have been received noting the total amount received and how the olice department will spend
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it. He requested more specifics on where the overtime money would be applied.
Mayor Lawrence concurred and advised Mr. Fiola that the police department would be
contacting him regarding his concern.
Council Minutes 9/24/96 -2_
a
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CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda items VI - - DOWNTOWN LIGHTING IMPROVEMENTS, and VI - -
YOUTH CORPS PROJECT AGREEMENT /PRIVATE INDUSTRY COUNCIL, were removed
at the request of Council Member McCaughan.
CONSENT CALENDAR
It was moved by Council Member Boggs, seconded by Council Member Brazelton, and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, SEPTEMBER
10, 1996: Approve.
WARRANTS ISSUED: NO. 124887 - 125259, $915,632.80: Approve.
RESOLUTION NO. 5989 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY'S CONFLICT OF INTEREST CODE WHICH INCORPORATES
BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD
MODEL CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 5839
RESOLUTION NO. 5990 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 24577 (12508
CLARK AVENUE AND 9151 IMPERIAL HIGHWAY), APPROVING AN AGREEMENT
WITH THE SUBDIVIDER AND ACCEPTING A CASH DEPOSIT AS SURETY
ORDINANCES
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 6250 OF THE DOWNEY MUNICIPAL CODE WITH
REGARD TO THE LICENSING OF SOLID WASTE COLLECTION BUSINESSES
Mr. Powell advised this ordinance is a follow -up /clean -up measure as a result of the recently
adopted solid waste ordinance passed by Council earlier this year. He noted the section dealing with
liability insurance has changed and is referenced in the business license ordinance. Staff is amending
the business license tax and is inserting a section specifically dealing with liability insurance
requirements related to businesses that haul trash and items to be discarded. He noted after the
ordinance is adopted, Council will be asked to adopt a resolution specifically outlining liability
insurance requirements.
Council Minutes 9/24/96 -3-
The Ordinance was read by title only. It was moved by Council Member Riley, seconded by
Council Member Boggs, and unanimously carried to waive further reading and introduce.
ORDINANCE NO. 1028
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING CONSENT TO THE TRANSFER. OF CONTROL OF A CABLE TELEVISION
FRANCHISE FROM CONTINENTAL CABLEVISION, INC. TO US WEST INC.
Mr. Caton noted, as part of this transfer, the City has prepared an agreement between the City
and Continental Cablevision regarding reimbursement of the City's administrative expenses in
connection with the transfer request. He mentioned the stipulations of the agreement and advised it is
not to exceed $10,000 payable within 30 days from receipt of an invoice from the City. Staff
recommends adopting the ordinance and approving the agreement between the City and American
Cablesystems of California, Inc.
Joel Lubin, 7820 Allengrove, mentioned his dissatisfaction with Continental Cable and his
feeling the City has been negligent in monitoring the contract and should do something to improve
service to the citizens of Downey. He questioned Continental's inability to confirm they offer 24 -hour
service, noted the exorbitant waiting time when calling for service, and suggested more people be
hired to answer phones.
The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by
Council Member McCaughan, and unanimously carried to waive further reading and adopt.
Prior to the foregoing vote, Council Member McCaughan requested a report on how the
service will be monitored noting he has also waited on the line for a long period of time to log a
complaint.
Council Member Brazelton inquired if approval of the ordinance would bar the City from
considering poor service two or three months from now when considering the renewal of the franchise
and was advised by Mr. McOsker that approval does not waive the City's rights to enforce provisions
of the contract nor does it disallow the City Council from considering these issues at renewal time or
thereafter.
AGREEMENT BETWEEN THE CITY OF DOWNEY AND AMERICAN
CABLESYSTEMS OF CALIFORNIA, INC. D/B /A/ CONTINENTAL CABLEVISION
REGARDING REIMBURSEMENT OF TIIE CITY'S ADMINISTRATIVE EXPENSES IN
CONNECTION WITH THE TRANSFER REQUEST
It was moved by Council Member Brazelton, seconded by Council Member Riley, and
unanimously carried to approve the agreement and authorize the City Manager or his designated
representative to execute the agreement.
Council Minutes 9/24/96 -4-
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN THE CITIES OF BELL GARDENS, DOWNEY,
MONTEBELLO, NORWALK, PARAMOUNT, PICO RIVERA, SANTA FE
SPRINGS AND SOUTH EL MONTE EXTENDING THE TERM OF THE
SOUTHEAST AREA ANIMAL CONTROL AUTHORITY
Mr. Powell explained this ordinance would approve an extension of the agreement with the
Southeast Area Animal Control Authority (SEAACA) for another ten years starting June 30, 1997. He
noted the ten year extension was requested because SEAACA is considering a building modification
and it would allow them to consider possible financing. He also noted the contract has been reviewed
by the City Attorney and all other terms related to Downey's membership will stay as they are.
Council Member Boggs expressed concerns about extending the contract for ten years and
mentioned SEAACA has been contracting out to non- member cities who pay less than member cities.
She said Downey has agreed to pay its portion of the improvements needed at the facility but she does
not feel the City should be bound to a ten year contract since it may not always be to the City's
advantage to be a member. She suggested asking the other member cities to borrow the money for
their share of the needed improvements rather than committing Downey to ten years.
Council Member Brazelton inquired if staff has reviewed '
q ewed SEAACA s budget to see how cost
effective the budget uses are and concurred with Council Member Boggs' concern about entering into
a ten year contract.
Council Member Riley asked if the City could sign on a year -to -year basis.
Council Member McCaughan inquired if previous concerns with SEAACA have been rectified
before the request was made for entering a ten year contract and also if the member cities will do a 10
year extension. He was advised some cities renew annually as the contract only requires a one year '
notice before dropping out.
Council Member Riley advised she attends the SEAACA meetings and that three of the
member cities do not have the funds for the renovation program.
Council Member Boggs requested staff research what the other cities are doing.
Council Member Brazelton also suggested determining how necessary the building
improvements are.
Mr. Caton commented SEAACA has been an excellent organization for the City but noted the
facility is quite old and needs renovating. Since Council has voiced concerns and requests further
information, he suggested the matter be tabled to allow staff to come back with a more thorough
report.
Council Minutes 9/24/96 -.5-
4.
Council Member Brazelton requested more budget information and was advised this
information is available since the City provides financial services to SEAACA.
It was moved by Council Member Boggs, seconded by Council Member Riley, and
unanimously carried to continue the amendment to the Joint Powers Agreement with SEAACA.
ORAL COMMUNICATIONS
Joel Lubin, 7820 Allengrove, commented on a fax he sent to Governor Pete Wilson requesting
the Governor veto Assembly Bill 1504. He mentioned documents included in his fax show
Assemblyman Phil Hawkins took Bill 1504 off the inactive file and also indicate the City Attorney's
firm's involvement in activity prior to the bill. He stated the press had been told Assemblyman
Hawkins' name was pulled off the bill when his name was still on the bill. He requested that everyone
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in attendance contact Governor Wilson in this endeavor to veto AB 1504, advising the Governor has
until Monday to sign or veto the bill. Mr. Lubin also mentioned Downey Community Hospital is
still an issue and hoped something could be done to resolve it as the City has many other important
matters to consider.
Rob Robertson, 8128 Cordero Road, Whittier, Chairman of the Board of Directors of the
American Red Cross Rio Hondo Chapter, introduced the Chapter's new Executive Director Julie
VanDoren. Ms. VanDoren shared statistics regarding Red Cross activities in the City of Downey.
Paul Fiola, 7314 Dinwiddie Street, cited the need for more police involvement on the 7300
block of Dinwiddie Street and offered his assistance in this matter.
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
LANDSCAPE MAINTENANCE CONTRACT
Mr. Redmayne explained two contracts were recently awarded for landscape maintenance and
one of the companies, Plant -Terra Landscape, was unable to fulfill its contract. The City hired a local
vendor to perform the maintenance in the interim, the cost for which will be deducted from what is
owed to Plant - Terra, and staff contacted the second bidder on the project, Mariposa Horticultural
Enterprises, Inc., who has agreed to honor the contract at their bid price, which was $9,236 a month.
Staff recommends awarding the contract for landscape maintenance services for medians, parkways,
freeway sound walls and water well sites to Mariposa.
Council Member McCaughan inquired as to the reason for dismissing Plant -Terra Landscape
and was advised they were not able to keep up with the requirements of the contract. He inquired if
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checks had been sent out during the 30 day period Plant -Terra was found to be performing below
standards and Mr. McOsker advised the City withheld money and is asserting its right to use the
money to pay any remediation costs.
Council Minutes 9/24/96 -6-
It was moved by Council Member McCaughan, seconded by Council Member Boggs, and
unanimously carried to approve the contract with Mariposa Horticultural Enterprises, Inc., for
landscape maintenance services for medians, parkways, freeway sound walls and water well
sites.
OTHER BUSINESS - Consent Calendar - Items removed b Council A . . royal
DOWNTOWN LIGHTING IMPROVEMENTS
Council Member McCaughan inquired if this project helps the City with its streetscape
improvement plans and was advised, since the sidewalks were going to be ripped up, staff felt it was
an opportune time to improve lighting as the current system is outdated.
Joe Martinez, 8447 Cleta Street, asked who was paying for the street lights and if it was being
done for the specific benefit of the theater.
Mr. Caton advised downtown street lighting is an old system that needs to be modified and
staff is asking Council to consider installing new street lights from Firestone Boulevard to Third Street
and down New and Second Streets. He noted the majority of the lights involved have nothing to do
with the theater project. Mr. Redmayne explained the City has wanted to modify the system for a long
time and advised to do it at a later date would not only disrupt the area again for several weeks but
would be more expensive as the City would then be taking out something that is new and having to
replace it.
Keith McCarthy, 13404 Barlin, noted the majority of the lighting work will benefit the
downtown area. He requested staff address specifics regarding hardware and types of lights to be
used. Mr. Rangel advised Edison will provide the lights which will be high pressure sodium lights
consistent with what the City already has.
Mr. Caton explained the question to Council tonight is if they would authorize staff to consider
this as a project and advised it will be brought back again as a bid with plans and specifications.
It was moved by Council Member McCaughan, seconded by Council Member Riley, and
unanimously carried to authorize staff to include upgrading of Downtown Lighting
Improvements in conjunction with the Parking Structure and Theater Streetscape Project.
YOUTH CORPS PROJECT AGREEMENT /PRIVATE INDUSTRY COUNCIL
Council Member McCaughan asked if staff had data on success rates for at -risk -youth in this
type of program and staff referred his question to Mr. Miguel Meza, Youth Corp Project Coordinator,
for this area.
Mr. Meza described some of the success stories involving participants in the program from the
Downey area and explained how youth are referred to the program.
Council Minutes 9/24/96 -7-
It was moved by Council Member McCaughan, seconded by Council Member nd
y Riley, y
unanimously carried to approve a contract with the Private Indust Council of Southeast Los
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Angeles County to provide a Youth Corps Program in Downey.
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OTHER BUSINESS - Council Members
Council Member Riley mentioned the impact the closure of the intersection at Firestone
Boulevard and Old River School Road is having on Rives Avenue. She felt somethin g needs to be
done and suggested putting the speed trailer in this location to let motorists see how fast they are
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travelin . y
Council Member Riley requested that staff look into the concerns she has received about
businesses in the residential area on Adwen Street.
Council Member Riley mentioned complaints received regarding possible illegal activities
taking place near the corner of Imperial Highway and Old River School Road and referred to a
newspaper article where parents voiced concerns for children walking through these apartment houses
to get to the school bus. She recalled Chief Caldwell mentioning a similar situation in another city
where the police, fire, health and code enforcement departments intervened in a cleanup effort. She
stated similar consideration should be given to this area as well as a street in Council Member Boggs'
district, Elm Vista, as there are a lot of children living on these streets.
Council Member McCaughan referred to problem neighborhoods in the City and mentioned
interviews for the Neighborhood Preservation Officer position were coming along. He noted data
needs to be gathered on these neighborhoods and then putting the City's resources to work in them.
Council Member McCaughan commented on the impact from the temporary closure of
Firestone Boulevard and Old River School Road. He suggested putting an officer there to remind
people how to follow the detour signs. He was advised by Chief Caldwell that a lot of tickets have
been written at this spot in the last few days.
Council Member McCaughan mentioned receiving a complaint about Dinwiddie Street and
noted he forwarded the information to the Crime Impact Team, Gang Detail, and also to the
Neighborhood Watch Coordinator requesting they report back to this person.
Council Member McCaughan referred to the Private Industry Council program for kids -at -risk
and mentioned he viewed a recent TV program discussing funding given to kids at risk but also
suggested assistance be given to kids who are not at risk from gangs or drugs but do need
assistance in other ways such as education.
Council Member McCaughan questioned whether the Downey City Library offers computer
access to children in the schools.
Council Member Brazelton addressed Mr, Fiola's comments mentioning the City is on a very
restrictive budget and hoped the problem noted could be addressed using current resources.
Council Minutes 9/24/96 -8-
6 .
4
Council Member Boggs mentioned No. 5 on her Top 10 List concerns the 25 foot lots in the
Golden Park Area and she hopes to see this item on the Agenda for approval before she leaves the
Council.
Mayor Lawrence thanked the Fire Department for the emotional support and assistance with
insurance forms, etc., given to the Larson family, who lost their home and a family member in a recent
fire' She noted an article in the Eagle newspaper mentioned a fund was set up to assist this family.
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OTHER BUSINESS - Staff Members
Mr. Caton mentioned a Joint Committee of Congress adopted a provision to help the City
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preserve the jobs at Rockwell and he acknowledged United States Senator Diane Feinstein,
Congressman Steven Horn, and Congressman Jerry Lewis for their assistance towards achieving this
goal.
Chief Irwin mentioned an effort underway to educate the public about smoke detectors and
window bars. He advised Fire Prevention Week is first week in October and the theme will be
checking smoke detectors. Programs will be held at local schools and also a possible cable segment.
The issue of window bars, which are required to be able to open from the inside, will also be
addressed.
ADJOURNMENT: 9:18 p.m.
The meeting was adjourned to 6:30 p.m., October 8, 1996, in the Council Chamber of
Downey City Hall.
f ff WA/MALL
Judith E. McDonnell,
City Clerk Mytkeil.,. Lawrence, Mayor
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Council Minutes 9/24/96 -9-