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HomeMy WebLinkAboutMinutes - 12-10-96 - Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 10, 1996 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentation to Mayor Lawrence in honor of her efforts to preserve City's historical McDonald's facility 1 Presentation of 1996 Traffic Safety Program Award of Excellence from the Auto Club of Southern Calif. 1 Proclamation re Buckle Up for Life Challenge 1 Removal of Items from the Consent Calendar 2 Council Minutes: Adjourned Regular Meeting 11/26/96 Approved 2 Warrants Issued: 127129 - 127501 Approved 2 Rio Hondo Golf Course Professional- Manager Agreement: Approve 2nd amendment to License Agreement Approved 2 Appropriation of Supplemental Literacy Grant Funds Approved 2 Proposed New Claims Administrator, TPA (a Division of United HealthCare Administrators, Inc.), and Excess Insurance Carrier, Canada Life, for Employee Medical Indemnity Plan Approved 2 Council support of Mayor Joyce Lawrence for Metropolitan Transportation Authority alternate for Southeast L.A. County Approved 2 Res. #6001, approving State - Downey Master Agreement SLTPP -5334, covering funding of State -Local Transportation Partnership Program (SLTPP) Projects Adopted 2 Res. #6002, approving program Supplement #1 to State - Downey Master Agreement #SLTPP -5334, for pavement resurfacing on Downey Av. from Stewart & Gray Rd. to Firestone Bl. Adopted 3 PAGE 1 OF 3 COUNCIL MINUTES, DECEMBER 10, 1996 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #6003, Second Amendment to the Cities for Used Oil Recycling Working Group Joint Powers Agreement to extend expiration of agreement Adopted 3 Ord. #1032, approving DMC Amendment #96 -78, re Off- Street Parking Standards Adopted 3 Ord. #1033, extending, by ten years, the term of an existing Cable TV Franchise Adopted 3 Urgency Ord. #1034, relating to wireless communication facilities & adoption of interim regulations for the establishment of wireless communication services Adopted 4 Selection of Wabash contemporary style bus bench for Downey's Bus Bench Program & include removal of existing bus shelters Approved 5 Cash Contract #601 - Water Distribution Mains: Award contract to Valverde Construction Inc. Approved 6 Environmental Impairment Liability Insurance: Authorize the expenditure with a $2 million limit Authorized 6 Cn. McCarthy wished everyone Merry Christmas and Happy New Year and commended Chamber of Commerce for Christmas Parade and Boy Scouts for attending meeting 7 Cn. Brazelton congratulated Cn. McCarthy on his election and wished everyone Merry Christmas 7 Cn. Riley wished everyone Happy Holidays 7 Cn. McCaughan requested agenda item reporting on newspaper racks in public right -of -way 7 Cn. McCaughan re Holiday Lane Parade '7 Cn. McCaughan re Downey Jr. Athletic Assoc. flag football teams and wished everyone Merry Christmas and Happy New Year 7 PAGE 2 OF 3 COUNCIL MINUTES, DECEMBER 10, 1996 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Mayor Lawrence re Chamber of Commerce's recognition of services funded by the City & City's 40th Anniversary 7 Mayor Lawrence re grand re- opening of Speedy McDonald's 7 ._... on Sunday, December 15th Mr. Caton re Downey Holiday Parade & effect of recent Downey Charter changes 7 Mr. Caton re changeover from Rockwell to Boeing North American and wished everyone Happy Holidays 7 Meeting adjourned to 6:30 p.m., January 14, 1997 8 h:\cclerk\.sconte\tabl 12l 0 PAGE 3 OF 3 4 f jr MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 10, 1996 The City Council of the City of Downey held a regular meeting at 7:38 p. m., December 10, 1996, in the Council Chamber of the Downey City Hall, Mayor Joyce L. Lawrence presiding. PRESENT: Council Members: Joyce L. Lawrence Mayor ..-- Barbara J. Riley Mayor ProTem Gary P. McCaughan, M.D. Keith McCarthy Robert S. Brazelton 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 James Jarrett, Director of Community Services Art Rangel, Director of Economic & Community Development Richard Redmayne, Director of Public Works Lowell Williams, Director of Finance Bob Brace, City Engineer Vicki Jenkins, City Librarian Jason Mikaelian, Economic Development Associate Mark Sauter, Assistant Fire Chief/Fire Marshal Ed Velasco, Manager of Housing Ron Yoshiki, Asst. Director of Comm. Dev. /City Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Elma Gallo of Downey's Lil House of Cakes bakery, presented a cake to Mayor Lawrence in honor of her efforts to preserve the City's historical McDonald's facility. Mayor Lawrence invited everyone to join her in the atrium after the meeting for refreshments. Bob Schwabb of the Automobile Club of Southern California presented the 1996 Traffic Safety Program Award of Excellence to Police Chief Caldwell advising Downey received the highest g y g award of cities who participated throughout Southern California this year. Mayor Lawrence presented to Police Chief Caldwell a Proclamation declaring Downey's commitment to the November 1, 1996 through all of 1997 Buckle Up for Life Challenge. Council Minutes 12/10/96 -1- HEARINGS: None CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI -E -3, ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE, was removed at the request of Council Member Brazelton and Agenda Item VI -C -1, CASH CONTRACT NO. 601 - WATER DISTRIBUTION MAINS, was removed at the request of q Council Member McCarthy. CONSENT CALENDAR It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED REGULAR MEETING, NOVEMBER 26, 1996: Approve. WARRANTS ISSUED: NO. 127129 - 127501, $760,095.01: Approve. RIO HONDO GOLF COURSE PROFESSIONAL- MANAGER AGREEMENT: Approve the Second Amendment to License Agreement for Golf Professional Services between the City of Downey and Bruce MacDonald: Approve. APPROPRIATION OF SUPPLEMENTAL LITERACY GRANT FUNDS: Appropriate $5,731.00 of additional funds: Approve. PROPOSED NEW CLAIMS ADMINISTRATOR AND EXCESS INSURANCE CARRIER FOR EMPLOYEE MEDICAL INDEMNITY PLAN: Authorize the City Manager to enter into an agreement with The TPA (a Division of United HealthCare Administrators, Inc.) to provide claims administration for the City's self - funded medical indemnity plan and to enter into an agreement with Canada Life to provide coverage for excess medical claims: Approve. COUNCIL SUPPORT OF MAYOR JOYCE L. LAWRENCE FOR METROPOLITAN TRANSPORTATION AUTHORITY AS ALTERNATE MEMBER FOR SOUTHEAST LOS ANGELES COUNTY: Approve. RESOLUTION NO. 6001 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING STATE - DOWNEY MASTER AGREEMENT NO. SLTPP -5334, WITH THE STATE OF CALIFORNIA COVERING FUNDING OF STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP) PROJECTS WITHIN THE CITY OF DOWNEY Council Minutes 12/10/96 -2- 4 RESOLUTION NO. 6002 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 1 TO STATE - DOWNEY MASTER AGREEMENT NO. SLTPP -5334 COVERING STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDING FOR PAVEMENT RESURFACING ON DOWNEY AVENUE FROM STEWART & GRAY ROAD TO FIRESTONE BOULEVARD RESOLUTION NO. 6003 (ADOPT) �--- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SECOND AMENDMENT TO THE CITIES FOR USED OIL RECYCLING WORKING GROUP JOINT POWERS AGREEMENT TO EXTEND THE EXPIRATION OF THE AGREEMENT ORDINANCES ORDINANCE NO. 1032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING CODE AMENDMENT #96 -78, AMENDING VARIOUS SECTIONS OF 9150, OFF- STREET PARKING AND LOADING, OF THE DOWNEY MUNICIPAL CODE (CHAPTER 1, ARTICLE IX) AS SAID SECTIONS PERTAIN TO OFF - STREET PARKING STANDARDS The Ordinance was read by title only. It was moved by Council Member McCaughan, seconded by Council Member Riley, and unanimously carried to waive further reading and adopt. ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING BY TEN YEARS THE TERM OF AN EXISTING CABLE FRANCHISE Mr. Caton explained the ordinance would extend the terms of the existing cable franchise with Continental Cable Systems Inc., parent company of U.S. West Inc., by ten years and noted the Council authorized additional conditions to be applied to the extension, which are outlined in the Acceptance and Guarantee of Franchise Extension provided in Attachment A. The Ordinance was read by title only. It was moved by Council Member Riley, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt. Prior to the vote, Council Member Brazelton noted the exhibits referred to were not attached to the staff report and Ms. Yotsuya explained a detailed plan of the construction schedule is available in the City Manager's office. She also noted some of the exhibits were included with the staff report provided at the last Council Meeting. Council Minutes 12/10/96 -3- 1 t' 4 �.s ;,'zD '2.fr Council Member Brazelton referred to Paragraph 3.6 of the Ordinance where it states the City may request that the Grantee perform additional tests on the basis of substantial numbers of complaints received and asked if Council could place a certain number on the complaints the City would deem as substantial. Mr. McOsker advised this would be a change to the Ordinance and it would require another first reading, as it is prohibited to make a modification at the adoption; it would also require having to go back to the provider for further discussions. Council Member McCaughan stated he hoped the quarterly reports requested at the last Council meeting regarding the number of complaints would be sent to the Cable Advisory Committee and Mr. Caton responded this would be done. He also noted, because of their thickness, the attachments and exhibits were not duplicated again but were available in his office for review. ORDINANCE NO. 1034 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, RELATING TO WIRELESS COMMUNICATIONS FACILITIES AND THE ADOPTION OF INTERIM REGULATIONS FOR THE ESTABLISHMENT OF COMMERCIAL WIRELESS SERVICES IN THE CITY OF DOWNEY Mr. Yoshiki narrated a slide presentation and explained the City is experiencing a number of applications for the erection of antenna towers for cellular telephones. In an attempt to address how this affects the visual aesthetics of the community, staff felt it did not have adequate standards to address this matter. He noted this ordinance would afford staff the opportunity to further examine the issue. Council Member McCarthy inquired as to the urgency and was informed the City does not have sufficient standards in the code to address this type of communication equipment and is attempting to provide applicants with adequate standards. He then asked what surrounding cities were doing in this regard and was advised Lakewood and Cerritos have moratoriums to address this issue. Mr. Caton advised a public hearing will be held in January and pointed out that the ordinance does not prevent providers from erecting antennas but does establish a set of rules. Mr. McOsker noted the rules established in this case would become effective immediately. Mr. Yoshiki explained the ordinance affects commercial providers and advised staff contacted the City's amateur radio group to inform them the ordinance does not affect amateur radio operations. The Ordinance was read by title only. It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and unanimously carried to waive further reading and adopt. RESOLUTIONS: None Council Minutes 12/10/96 - 1s C ADMINISTRATIVE REPORTS SELECTION OF BUS BENCH STYLE FOR CITY OF DOWNEY BUS BENCH PROGRAM Mr. Rangel explained the Council adopted an ordinance in June 1996 relative to bus benches on private property. Since then City departments have been working on ways to develop a program to y p p g replace existing bus benches displaying advertising with City owned bus benches without advertising. g There are presently more bus benches at bus stops than are necessary and also bus benches with advertising at locations where there are no bus stops. He advised issues of maintenance and cost were considered when selecting styles and he commented on slides illustrating the concrete and metal benches that had been considered. He noted staff anticipates 200 bus benches citywide and recommends the Wabash Contemporary style metal bench in a dark blue color with 90 matchin g trash receptacles. Responding to questions, Mr. Rangel explained the anticipated cost of the new benches is approximately $1 27,500. He noted there are presently seven bus shelters in the City, which are not part of the bus bench program. Council Member McCaughan called for removal of the bus shelters. Mr. McOsker stated a notice is being prepared advising the bus bench companies of the City's process. The companies will be provided notice that the benches are to be removed by January 1st, and staff will ask them to work with the City, area by area, on the replacement and removal process. When asked to come back with a proposal for removal of the bus shelters, Mr. Rangel explained the City is below budget for this project and including removal of the bus shelters would not exceed budget. It was moved by Council Member McCaughan, seconded by Council Member Brazelton, and unanimously carried to select the Wabash contemporary style bus bench to replace existing benches throughout the City, and to include removal of the existing bus shelters. Prior to the vote and during further discussion on this matter, Council Member McCarthy inquired if bus riders were asked for their input on removal of the bus shelters. Mr. Caton suggested the bus shelter issue be brought back within the three -to -four month period between ordering and receiving the benches. He also pointed out the shelters would not be removed before that time. Mayor Lawrence noted the bus shelters did not live up to expectations and indicated she would be willing to look at more aesthetic shelters at key locations in the City. y Council Minutes 12/10/96 -5- p t OTHER BUSINESS - Consent Calendar - Items removed by Council Approval CASH CONTRACT NO. 601 - WATER DISTRIBUTION MAINS Mr. Redmayne was asked about the dates this project would take place and explained it would not begin before the first of the year as the contract documents have to be executed and preconstruction meetings have to be conducted, which will take from six weeks to two months. Construction will take approximately 60 days. It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and unanimously carried to award a contract in the amount of $194,355 to Valverde Construction Inc. of Whittier for the construction of twelve -inch water distribution mains. ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE Council Member Brazelton referred to the $39,000 annual premium in the staff report, along with items covered and the exclusions and asked if the City has received any claims in the categories covered. Mr. Williams advised he was not aware of any claims in the past five years but noted there have been several incidents but no resulting claims. It was noted the City has no coverage in these areas. When asked if he thought it would be cost effective, he advised that with the law suits being filed, sooner or later this could occur in Downey. Council Member Brazelton suggested tabling this issue to the January meeting unless t here was rY g s an urgency. Mr. Williams responded yes, that if it is not approved tonight, it will be delayed until November 1997, the next renewal date. When asked what the Independent Cities Risk Management p g Authority (ICRMA) recommends, he explained the Environmental Liability Program was developed by them because none of the 29 member cities had this coverage. There are now 16 cities participating and he advised the City of Alhambra was sued and suffered a $2 million loss. He mentioned different insurance limits available. It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and g unanimously carried to authorize the expenditure for Liability Insurance with a $2,000,00 limit, $100,000 deductible, and a premium of $20,750. Prior to the vote, Council Member McCarthy asked if this was beyond what was budgeted and was advised by Mr. Williams that $160,000 was budgeted for liability coverage noting through the y g g g ICRMA the City has received credits, and this s. coverage would be funded out of those savings. g ORAL COMMUNICATIONS: None Council Minutes 12/10/96 - r ; OTHER BUSINESS - Council Members Council Member McCarthy wished everyone a Merry Christmas and Happy New Year. He commended the Chamber of Commerce on the Christmas Parade, noting it was a great event. He also commended the Boy Scouts for their attendance at tonight's Council Meeting. Council Member Brazelton congratulated Council Member McCarthy on his election and mentioned reading his Ten Minus One Recommendations for the City. He wished everyone a Merry Christmas. Council Member Riley ished everyone Happy Holidays. y ry appy o days. Council Member McCaughan mentioned he had requested a report on newspaper racks in the public right-of-way and would like this item to come back on the Agenda with information on terms of permits and regulations in the public right -of -way to improve on this situation. Council Member McCaughan commented on the holiday Lane Parade stating it was a great event. He expressed concern that he only found one sentence crediting the City for its participation and donation of public works and noted the City is a major sponsor of the parade. Council Member McCaughan mentioned several Downey Junior Athletic Association (DJAA) teams have gone into the SEMA Tournament for flag football. He stated the City's recreation services do a lot to decrease criminal activity in the City by keeping its young people active. He then wished everyone a Merry Christmas and Happy New Year. Mayor Lawrence mentioned the Chamber of Commerce has recognized the City for the services funded in the Holiday Lane Parade. She also mentioned the Chamber has helped celebrate the City's 40th Anniversary throughout the year. Mayor Lawrence announced the grand re- opening of the City's Speedy McDonald's on Sunday, December 15th. She stated she was proud to have this national landmark back. OTHER BUSINESS - Staff Members Mr. Caton noted the Downey Holiday Parade is always a highlight and special event for the community. He also mentioned that one of the recent Downey Charter changes was utilized tonight which did not require the entire reading of the Urgency Ordinance. Mr. Caton commented on the changeover from North American Aviation (Rockwell) to Boeing North American. The City now has the leading aircraft /aerospace manufacturer in the world in the community. He advised staff has been meeting with representatives from Boeing and working very hard to put together a new office building to keep them in the community for many years to come. He felt negotiations were going very well and hoped to successfully conclude them within the next 90 days. Mr. Caton wished everyone Happy Holidays. Council Minutes 12/10/96 -7- 4 : 4_ ii t , 1 Mayor Lawrence announced a recess at 8:43 p.m. The meeting reconvened at 9:26 p.m. with all Council Members present. ADJOURNMENT: 9:26 p.m. The meeting was adjourned to 6:30 p.m., January 14, 1997, in the Council Chamber of Downey City Hall. ( ,, . tA 4t),,_ ' ' ' ' , x (fr-' i' _ 1 ,;' - 4- Ac:lk Jdith E. McDonnell, City Clerk Joyce .La wrence Mayor or y h: \cclerk\sconte\ccmnl 210 Council Minutes 12/10/96 -8-