HomeMy WebLinkAboutMinutes - 02-14-95 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 14, 1995
T A B L E O F MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Proclamation re League of Women Voters 75th Birthday 1
Plaques of Appreciation from Stonewood Center to
Downey Police Equestrian Team and Fraud Unit 1
Jim Derry, ambassador from Assemblyman Phil Hawkins'
office, recognized in audience 1
Council Minutes: Adj. & Regular Meetings, 1/24/95 Approved 2
Cash Contract #593 - Underground Storage Tank Replace -
ment /Remedi ati on : Award contract to D &S Fueling, Inc.
for $164,933, & the MARK Group, Inc. to proceed with
Phases II and II of Consulting Agreement Approved 2
Warrants Issued: #107347 - 107974 Approved 2
Proposed Downey Municipal Code Amendment #94 -41
relating to the keeping of racing /homing pigeons
on R -1 (Single - Family Residential) zoned properties Set hrg. 2/28/95 2
Res. #5857, establishing salary adjustments for Chief
of Police, Fire Chief, Fire Battalion Chief & Fire
Marshal; and amending Management Benefit Plan Adopted 2
Res. #5858, adopting Memorandum of Understanding bet.
--- City of Downey & Downey Police Management Association Adopted 2
Res. #5859, approving application for Grant Funds from
L.A. County Regional Park & Open Space District Speci-
fied Project & Per Parcel Discretionary Grant Programs
for Downey Community /Senior Center & Gymnasium Adopted 2
Ord. #996, approving Zone Change #94 -35, changing zone
of property located at 7829 Stewart & Gray Rd. to
R -3 -0 (Multiple- Family Residential Ownership) Adopted 3
Res. establishing water rates for City of Downey & Cont. to future
rescinding Res. #5756 meeting 4
Res. #5860, supporting continued operations of Long
Beach Naval Shipyard & other Southern California
Military Facilities Adopted 4
Page 1 of 2
COUNCIL MINUTES, FEBRUARY 14, 1995
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #5861, supporting construction of L.A. County
Drainage Area (LACDA) Project; & authorize sending
a letter to L.A. County Board of Supervisors
their support of LACDA Project urging pp J ect Adopted 4
Res. #5862, approving participation with L.A. County
Community Development Commission for the Southeast
L.A. County Economic Adjustment Planning Grant Adopted 5
Downey Community /Senior Center & Gymnasium Project:
Approve agreement with Wolf /Lang /Christopher Archi -
design services architectural desi
tects, Inc. to provide g
for subject project; approve payment to Anthony & Lang -
ford Architects for work previously completed during
preliminary concept phase; & appropriate and approve
total project budget in the amount of $3,540,560 Approved 5
Res. #5863, approving form of City's Commercial Adopted with
Solid Waste Agreement between Collectors and City agreement modification 7
Authorize Fire & Building Depts. to jointly share
floor space vacated by Code Enforcement; authorize
relocation of existing walls & construction of new
office spaces for this purpose; & appropriate
$19,000 for the project Approved 7
Cash Contract #597 - Urgent Tree Trimming Citywide:
Appropriate $31,000 fromm Unappropriated Gas Tax
Reserves and grant authority to advertise for bids Approved 7
Cn. Boggs requested staff review increases in telephone
and Cable TV rates Referred to staff 8
Cn. Boggs referenced newspaper article highlighting
one of City Hall's married couples 8
Cn. McCaughan requested Cable TV Advisory Comm. review
recent Cable TV rate increase and affected services Referred to staff 8
Cn. Lawrence re drafting Ordinance prohibiting parking
of semi-trucks and trailers in areas adjacent to
residences, specifically vacant lots Referred to staff 8
Adjourned in Memory of Betty Davis, former Senior
Library Assistant at the Downey City Library &
wife of Joe Davis, Water Board Member
Meeting adjourned ' ourned to 6:30 p.m., February 28, 1995 8
Page 2 of 2
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 14, 1995
The City Council of the City of Downey held a regular meeting at
7:39 p .m. , February 14, 1995, in the Council Chamber of the Downey City Hall,
Mayor Barbara J. Riley presiding.
PRESENT: Council Members:
Barbara J. Riley, Mayor
Gary P. McCaughan, M.D., Mayor Pro Tem
Joyce L. Lawrence
Diane P. Boggs
ABSENT: Robert S. Brazelton (Excused)
ALSO PRESENT: Gerald M. Caton, City Manager
Cheryl J. Kane, City Attorney
Judith McDonnell, City Clerk
Lee Powell, Assistant City Manager
Greg Caldwell, Police Chief
Ron Irwin, Fire Chief
Jim Jarrett, Director of Community Services
Art Rangel, Di r. of Economic & Community Development
Richard Redmayne, Director of Public Works
Lowell Williams, Director of Finance
Robert Brace, City Engineer
Bob Gallagher, Building Official
Greg Mayfield, Water /Sanitation Superintendent
Frank Stan, Real Estate Officer
Cindi Lee, Executive Secretary
PRESENTATIONS
Mayor Riley presented a Proclamation congratulating the League of Women
Voters on its 75th Birthday to Ruth White, President, League of Women Voters.
Miles Franks, Director of Security at Stonewood Center, and Larry Norton,
General Manager of Stonewood Center, presented Plaques of Appreciation to
Downey Police Equestrian Team Officers Reggie Armistead, Dan Ponder, and Mason
Calvert; and Downey Police Fraud Unit Detectives Mike Ehrenfeldt and Pete
Parsons, for their cooperative efforts in curtailing crime at Stonewood Center.
Mayor Riley recognized Jim Derry, ambassador from Assemblyman Phil
Hawkins' office in the audience.
HEARINGS: None.
CONSENT CALENDAR - ITEMS FOR REMOVAL: None.
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CONSENT CALENDAR
It was moved by Council Member Boggs, seconded by Council Member Lawrence,
and unanimously carried (4 -0) to waive further reading of the Resolutions and
approve the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JANUARY 24, 1995:
Approve.
CASH CONTRACT NO. 593 - UNDERGROUND STORAGE TANK REPLACEMENT/
REMEDIATION: Award contract to D & S Fueling, Inc. in the amount of $164,933
and authorize the City's Consultant, The MARK Group, Inc., to proceed with
Phases II and II of the Consultant Agreement: Approve.
WARRANTS ISSUED: NO. 107347 - 107974, $1,326,949.73: Approve.
PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT NO. 94 -41 RELATING TO THE KEEPING
OF RACING /HOMING PIGEONS ON R -1 (SINGLE- FAMILY RESIDENTIAL) ZONED PROPERTIES:
Set hearing for 7:30 p.m., February 28, 1995, in the Downey City Council
Chamber.
RESOLUTION NO. 5857 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING SALARY ADJUSTMENTS FOR CHIEF OF POLICE
FIRE CHIEF, FIRE BATTALION CHIEF AND FIRE MARSHAL, AND
AMENDING THE MANAGEMENT BENEFIT PLAN
RESOLUTION NO. 5858 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION
RESOLUTION NO. 5859 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE
COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE
DISTRICT SPECIFIED PROJECT AND PER PARCEL DISCRETIONARY
GRANT PROGRAMS FOR DOWNEY COMMUNITY /SENIOR CENTER AND
GYMNASIUM
ORDINANCES NOT SET FORTH ABOVE:
ORDINANCE NO. 996
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING ZONE CHANGE CASE NO. 94 -35, CHANGING THE ZONE OF PROPERTY
LOCATED AT 7829 STEWART & GRAY ROAD TO R -3 -0 (MULTIPLE - FAMILY RESIDENTIAL
OWNERSHIP) AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DOWNEY
Mayor Riley advised she will be abstaining from voting on this matter due
to a potential conflict of interest.
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The Ordinance was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Lawrence, and carried by the following vote
to waive further reading and adopt:
• Lawrence, McCaughan, Boggs
AYES: 3 COUNCIL MEMBERS: Law g gg s
ABSENT: 1 COUNCIL MEMBERS: Brazelton
ABSTAIN: 1 COUNCIL MEMBERS: Riley
RESOLUTIONS NOT SET FORTH ABOVE
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING WATER RATES FOR THE CITY OF DOWNEY AND
RESCINDING RESOLUTION NO. 5756
Mr. Powell summarized the staff report, outlining the reasons for the
proposed water rate, including increases in the pump tax for well water,
capital project expenditures, and purchased water. Due to these higher costs,
especially the pump tax which the City does not control, the current rate
structure will not generate sufficient revenue to finance operations and
expenditures. If the increase is approved, Downey's bill would still be below
five of seven surrounding cities, with the average household bill increasing
$2.39, thereby generating approximately $535,000 for the Water Fund.
Council Member Lawrence questioned the need for the increased pump tax,
and was informed the Water Replenishment District controls the taxes based on
their costs.
Mr. Caton noted that representatives from the Water Replenishment District
could be invited to a future Council Meeting to discuss cost - related issues.
Council Member McCaughan requested further information regarding the rise
in costs, and agreed that discussions with Water Replenishment District
representatives would be informative. He clarified that money in the Water
Fund reserve account has not been affected.
Council Member Boggs expressed her dismay with continuing increases in
utility rates, and recommended this matter be continued until the Water
Replenishment District is available to discuss their justification for the
increased pump tax.
Mayor Riley asked if there was anyone present in the audience wishing to
speak regarding this matter.
Mr. Lennie Whittington, 8542 Manatee St., reviewed the escalating water
rates in Downey since 1990, which represent a 32.5% increase in five years. He
mentioned that some of the comparable cities in the staff report have had
contamination problems with their water wells which may account for higher
rates. Referencing recent increases in other utilities such as telephone,
trash, gas and electric, he noted that many people cannot afford the rising
costs of these essential services.
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There being no one else wishing to speak, it was moved by Council Member
McCaughan, seconded by Council Member Lawrence, and so ordered to continue this
matter until representatives from the Water Replenishment District can attend a
Council Meeting to discuss the pump tax increase.
RESOLUTION NO. 5860
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SUPPORTING THE CONTINUED OPERATIONS OF THE LONG BEACH
NAVAL SHIPYARD AND OTHER SOUTHERN CALIFORNIA MILITARY FACILITIES
Mr. Rangel discussed the adverse economic effects of the Federal
Government's proposed closure of the Long Beach Naval Shipyard, citing the
potential loss of 10,000 regional jobs and over $750 million annually in
regional economic losses. The Save Our Shipyard (SOS) Committee is requesting
support and financial assistance from cities for the purpose of retaining a
Washington Lobbyist to oppose the closure, and staff is recommending a
contribution of $5,000 for this intention.
Mr. Ray Grabinski, SOS Committee, 3416 Orange, Long Beach, further
explained the devastating effects of the potential closure of the Long Beach
Naval Shipyard on the surrounding region's economy and workforce. He discussed
the military value of the Shipyard, and the need for coordinated efforts to
keep the Shipyard open for the benefit of the Southern California area.
Mr. Bill Gurzy, President, SOS Committee, reiterated the importance of the
Long Beach Naval Shipyard as a positive military asset that should remain in
operation .
The Resolution was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Lawrence, and unanimously carried (4 -0) to
waive further reading and adopt.
RESOLUTION NO. 5861
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
IN SUPPORT OF THE CONSTRUCTION OF THE LOS ANGELES COUNTY --
DRAINAGE AREA (LACDA) PROJECT
Mr. Caton commented on the City's involvement with the LACDA Alliance in
1991 to address the issues of a fl oodpl ain that was imposed on the region by
the Federal Emergency Management Agency (FEMA). Mandatory flood insurance w i l l
cost Downey citizens approximately $400,000 per month, and construction costs
will escalate because of new restrictive building regulations. LACDA is
working on practical solutions for protection against flooding in the region,
and to mitigate the burden of insurance costs and new building regulations on
impacted communities. In addition to the Resolution of support, staff is
recommending a letter be sent to the Los Angeles County Board of Supervisors
urging their support of the LACDA Project and its timely flood protection
improvements contained in the Project.
The Resolution was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Lawrence, and unanimously carried (4 -0) to
waive further reading and adopt, and authorize sending a letter to the Los
Angeles County Board of Supervisors, urging their support of the LACDA Project.
Council Minutes 2/14/95 -4-
RESOLUTION NO. 5862 j A
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, APPROVING PARTICIPATION WITH THE COMMUNITY
DEVELOPMENT COMMISSION OF LOS ANGELES COUNTY FOR THE
SOUTHEAST LOS ANGELES COUNTY ECONOMIC ADJUSTMENT
PLANNING GRANT
Mr. Rangel explained that on behalf of eight cities, including Downey, the
Community Development Commission of Los Angeles County has received a $250,000
Planning Grant to study the possible reuse of aerospace facilities which are
closing and /or being underutilized, such as the Northrop Grumman Corporation in
Pico Rivera. Staff has been working with Rockwell International for many years
to retain this company in the community, and the Grant will develop a plan to
assist Rockwell in maximizing the job potential of its site. The Grant
requires a $5,000 match from each of the cities involved.
It was moved by Council Member Boggs, seconded by Council Member Lawrence,
and unanimously carried (4 -0) to waive further reading and adopt.
ORAL COMMUNICATIONS: None.
ADMINISTRATIVE REPORTS
DOWNEY COMMUNITY /SENIOR CENTER AND GYMNASIUM PROJECT
Mr. Jarrett summarized the staff report, discussing the process followed
in selecting the most qualified architectural firm to provide required design
services for the two projects. He indicated the highest ranking firm was
Wolf /Lang /Christopher Architects, Inc., and commented on their completed public
works projects, including six area senior centers and over ten recent gymnasium
projects throughout Southern California. He outlined the various funding
sources, with a total project budget cost of $3,540,560. Authorization is also
requested for final payment of $7,774 to the architectural firm of Anthony and
Langford Architects who provided professional assistance during the initial
concept study.
It was moved by Council Member McCaughan, seconded by Council Member
Boggs, and unanimously carried (4 -0) to approve an agreement with Wolf /Lang/
Christopher Architects, Inc. to provide architectural design services for the
subject project; approve payment to Anthony and Langford Architects for work
previously completed during the preliminary concept phase; and appropriate and
approve a total project budget in the amount of $3,540,560.
RESOLUTION NO. 5863
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FORM OF THE CITY'S COMMMERCIAL SOLID
WASTE AGREEMENT BETWEEN COLLECTORS AND THE CITY OF DOWNEY
Mr. Powell summarized the staff report, noting that because of mandatory
recycling requirements, it has become necessary for the City to contract with
its current commercial solid waste haulers. He outlined major areas of the
proposed contract regarding recycling, fees, reporting requirements, cash
bonds, public liability insurance, hazardous substances indemnification, and
attorney and cost recovery clauses.
Council Minutes 2/14/95 -5-
Correspondence was recei ved and filed from Western Waste Industries,
expressing concern with various sections of the proposed contract.
In response to Council Member Boggs' question, Mr. Powell noted the
contract expires every December, and could be modified at that time if
necessary.
Mayor Riley asked if there was anyone present in the audience wishing to
speak concerning this matter.
Mr. Robert Sarki ssi an , All Service Disposal, Montebello, discussed the
City's lack of consulting with the commercial haulers regarding the final
contract, the high cash bond required from the commercial hauler in comparison
to the bond amount required of the residential hauler, and cost recovery for
administering the AB939 program. He requested this matter be continued to
allow time for staff to meet with the haulers and address these concerns.
Mr. Bob Baba j i an , Bel-Art, 2495 68th St., Long Beach, questioned certain
language of the proposed contract, specifically the commodities listed as
recycl abl es in the market economy. He suggested consideration be given to
requiring companies to recycle their waste instead of fining the haulers for
not meeting recycling quotas because of this potential lack of cooperation.
Since there are other concerns with the proposed contract, he requested
additional time for staff to work out the details of the agreement with the
haulers for the benefit of all Downey citizens.
Mr. David Minasi an , Metro Waste Disposal, 900 Maple, Montebello,
recommended the agreement address the issue of recycling companies currently
providing the same services, and complained about inequity in the cash bonds
required from commercial haulers and the residential hauler.
Mr. Bill Kal pakoff , Metro Waste Disposal, 900 Maple, Montebello, noted
many small companies cannot afford to pay the fee to the City equal to 5% of
the gross collected income from trash collection, and the high cash bond amount
of $100,000.
Mr. Bevan Thomas, Western Waste Industries, mentioned he was not opposed
to the Resolution but asked for a postponement until the many unresolved
questions expressed can be addressed.
Mr. Lennie Whittington, 8542 Manatee St., commented that after speaking
with Los Angeles County Sanitation Districts officials, he was informed a
public landfill does not issue indemnification policies to haulers, which is
one requirement in the agreement that will not be enforceable. He noted the
restrictions and high costs proposed in the agreement will eventually force
many haulers out of business until there is just one company in the area
providing services.
There being no one else wishing to speak, the Resolution was read by title
only.
Council Member McCaughan discussed the necessity for change to meet
mandatory recycling requirements, and noted the main concern voiced by the
haulers is the high cash bond requirement.
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Referencing the correspondence received from Western Waste Industries,
Council Member Lawrence requested clarification regarding AB939
Indemnification, and Mr. Powell explained the use of a basic formula to
calculate each hauler's responsibility for meeting the requirements.
Council Member Boggs asked Mr. Whittington who he contacted at the Los
Angeles County Sanitation Districts regarding indemnification, but he was
unable to recall the name of the person with whom he spoke. She recommended
the cash bond amount be reduced in the agreement.
Mr. Powell noted it would be appropriate to lower the bond to $10,000,
which is the same amount required of the residential hauler.
It was moved by Council Member Boggs, seconded by Council Member Lawrence,
and unanimously carried (4 -0) to waive further reading and adopt, with a
modification to the agreement to reduce the required cash bond to $10,000.
AUTHORIZE FIRE AND BUILDING DEPARTMENTS TO JOINTLY SHARE VACANT SPACE ON
FIRST FLOOR OF CITY HALL
Chief Irwin discussed potential plans for the area recently vacated by
Code Enforcement on the first floor, including construction of new offices and
relocating existing walls. The area would be jointly used by the Building and
Fire Departments to provide a more streamlined plancheck/permit process to the
public, and greater accessibility to building and fire inspectors. The Fire
Department would use a portion of the space for a needed storage area.
Council Member Boggs questioned an earlier proposed use of the area by the
Housing Division, currently situated at Apollo Center.
Mr. Caton acknowledged this was an option considered for the area;
however, the need for public counter access and a streamlined process was
considered a priority. Housing Division will be relocated at the Park during
the renovation and construction phases of the community /senior center and
gymnasium.
It was moved by Council Member Lawrence, seconded by Council Member
McCaughan, and unanimously carried (4 -0) to authorize the Fire and Building
Departments to jointly share the floor space vacated by the Code Enforcement
Department; authorize the relocation of existing walls and construction of new
office spaces for this purpose; and appropriate $19,000 for the project.
CASH CONTRACT NO. 597 - URGENT TREE TRIMMING CITYWIDE
Mr. Redmayne commented on the increase in emergency responses to fallen
tree limbs, citing 394 calls for related services last year. The reason for
this increase is the lack of a tree trimming contract in approximately five
years due to economic reasons, resulting in an increased liability problem.
Specific varieties of problematic trees have been targeted for trimming.
It was moved by Council Member Boggs, seconded by Council Member Lawrence,
and unanimously carried (4 -0) to appropriate funding in the amount of $31,000
from Unappropriated Gas Tax Reserves and grant authority to advertise for bids
on Cash Contract No. 597, Urgent Tree Trimming Citywide.
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OTHER BUSINESS - CONSENT CALENDAR: Items Removed by Council Approval: None.
OTHER BUSINESS - COUNCIL MEMBERS
Council Member Boggs commented on the recent increases in telephone and
cable television rates, and requested staff review the justification for said
increases.
Acknowledging that today is Valentine's Day, Council Member Boggs
referenced a recent newspaper article highlighting one of City Hall's married
couples.
Council Member McCaughan requested the Cable Television Advisory Committee
review the rate increase imposed by the cable television company, including
corresponding quality of service and income due the City per the Franchise
Agreement as rates are raised.
Council Member Lawrence requested staff develop an Ordinance prohibiting
the parking of semi-trucks and trailers in areas adjacent to residences,
specifically vacant lots.
OTHER BUSINESS - Staff Members: None.
ADJOURNMENT: 9:37 p.m.
The meeting was adjourned in memory of Betty Davis, former Senior Library
Assistant at the Downey City Library and wife of Joe Davis, Water Board Member,
to 6:30 p.m., February 28, 1995, in the Council Chamber of Downey City Hall.
p l f‘ '
Judith E. McDonne Ci ty C erk 'Barbara J. • ey, -yor
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