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HomeMy WebLinkAboutMinutes - 05-14-96 - Regular Meeting MINUTES OF THE CITY COUNCIL OF TIIE CITY OF DOWNEY MAY 14, 1996 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appreciation to Jared Yoshiki, Eagle Scout 1 Proclamation re Goodwill Industries Month 1 Proclamation re Motorcycle Awareness Month 1 Proclamation re National Public Works Week 1 Proclamation re Water Awareness Month 2 Removal of Items from Consent Calendar 2 Council Minutes: Adj. & Regular Meetings, 4/23/96 Approved 2 Warrants Issued: 120452 - 121263 Approved 2 Appeal CUP #96 -16 property at 11025 Paramount Bl. Set Hearing 5/28/96 2 Res. #5950, ordering engineer to prepare & file a report on proposed changes within Lighting & Landscaping dist. A.D. 121 for Fiscal year 1996 -97 Adopted 2 Ord. amending in its entirety Chapter 1 of Article V of the DMC relative to "Garbage Collection & Disposal" Introduced 3 Res. #5951, approving a residential integrated waste management agreement between City and Calsan, Inc. Adopted 4 Res. #5952, approving a commercial integrated waste management agreement between City and Calsan, Inc. Adopted 4 Proposed 1996 -97 Action Plan for CDBG & Home Set Hearing Investment Partnership Grants 5/28/96 4 Mayor McCaughan re Kidsday 4 Mayor McCaughan re Keep Downey Beautiful brochure 4 Page 1 of 2 COUNCIL MINUTES, DATE , 1996 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Mayor McCaughan re trip on NASA/Rockwell property 4 Mr. Caton re Fire Services Day 5 Jonathan Brownlee re rising tide of crime & need for street lights in area of 9224 Brookshire Ave. 5 John Rivera re parking situation on Brookshire Ave. 5 Georgeta Bostean re need for street lights on Brookshire Ave. 5 James Balagna re RV parking citation & request to change DMC 5 Cn. Brazelton responded to comments of residents in 9400 block of Brookshire Ave. 5 Meeting adjourned to 5:00 p.m., May 28, 1996 5 H:\CCLERK1SCONTE\MINUTES\TABL5-14.WPD Page 2 of 2 10311; MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 14, 1996 1 The City Council of the City of Downey held a regular meeting at 7:37 p.m., May 14, 1996, in the Council Chamber of the Downey City Hall, Mayor Gary P. McCaughan presiding. PRESENT: Council Members: Gary P. McCaughan, M.D. Mayor Diane P. Boggs Robert S. Brazelton ABSENT: Joyce L. Lawrence (Excused) Barbara J. Riley (Excused) ALSO PRESENT: Gerald M. Caton, City Manager Cheryl Kane, City Attorney Judith McDonnell, City Clerk - Treasurer Lee Powell, Assistant City Manager Greg Caldwell, Police Chief Ron Irwin, Fire 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 Robert Gallagher, Building Official Ed Velasco, Manager of Housing Ron Yoshiki, Asst. Director of Community Dev. /City Planner Shirley Conte, Executive Secretary PRESENTATIONS Mayor McCaughan presented a Certificate of Appreciation to Eagle Scout Jared Yoshiki - Troop No. 985, and congratulated him on his scouting achievements. Mayor McCaughan read a Proclamation declaring the month of May, 1996, as Goodwill Industries Month. Mayor McCaughan presented to John McDonald of Abate Local No. 8, a Proclamation declaring the month of May, 1996, as Motorcycle Awareness Month. Mayor McCaughan presented to Director of Public Works, Richard Redmayne, a Proclamation declaring May 19 through May 25, 1996, as National Public Works Week. Council Minutes 5/14/96 -1- 0 3 it b Mayor McCaughan presented to Director of Public Works, Richard Redmayne, a Proclamation declaring the month of May, 1996, as Water Awareness Month. HEARINGS: None CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI -E -1, PROPOSED 1996 -97 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND IIOME INVESTMENT PARTNERSHIP GRANTS, was removed at the request of Council Member Brazelton. CONSENT CALENDAR It was moved by Council Member Brazelton, seconded by Council Member Boggs, and unanimously carried (3 - to waive further reading of the Resolution and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS OF APRIL 23, 1996: Approve. WARRANTS ISSUED: NO. 120452421263, $1,607,748.97: Approve. APPEAL CONDITIONAL USE PERMIT #96 -16 FOR PROPERTY LOCATED AT 11025 PARAMOUNT BOULEVARD: Set the public hearing for 7:30 p.n1., May 28, 1996, in the Council Chamber of Downey City Hall: Approve. RESOLUTION NO. 5950 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT ON PROPOSED CHANGES WITHIN LIGHTING AND LANDSCAPING DISTRICT A.D. 121 FOR FISCAL YEAR 1996 -97 ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS RESIDENTIAL AND COMMERCIAL SOLID WASTE PICK UP Mr. Powell explained the report presented represents documents relative to residential and commercial solid waste. The residential system will be an automated pick up system with each resident having three containers; one for recyclables, one for green waste, and one for regular trash g and will yield a savings of approximately $1 per month per household. Calsan will have a ten year Y exclusive commercial franchise effective January 1, 1997 through December 30, 2005. Council Minutes 5/14/96 -2- 1 t Mr. Powell advised he met with Mr. Adnoff of Calsan to discuss several concerns with the agreements. After discussion the following changes were proposed to the Residential Agreement: Section 17D and 17E, change notice requirement for insurance cancellation from 60 days to 30 days. Section 24C, delete sentence referencing light trucks. Section F, insert language modification "CALSAN shall not permit any officer, agent and discourage any employee to request, solicit, demand or accept, either directly or indirectly, any gratuity." In the Commercial Agreement, the following changes were proposed: Section 1B, insert words "or rolloff box" in the second sentence within �-- parenthesis. Section 6L, Material Recovery Facility - Calsan will construct and operate a material recovery facility in the City of Downey per the provisions of City of Downey Conditional Use Permit 95 -02 by January 1, 1999. Section 10C, delete the word "computerized" and the last part of the sentence that reads "and be accessible for downloading to the City by Calsan by modem at mutually convenient times." Section 13G delete. Sections 17D and E, change notice requirement for insurance cancellation from 60 days to 30 days. Council Member Brazelton referenced Page 38, about maintaining a balance sheet of at least 3.5 million net worth (Item E8), mentioning he thought this stipulation was going to be inserted. Mr. Powell stated this was discussed with Calsan and they did not disagree. He recommended inserting where appropriate in both agreements the wording "prepared by an independent certified public accountant." In reference to rates, the agreement established a fee schedule for commercial trash and provides for an annual fee adjustment tied to the Consumer Price Index. Calsan will indemnify the City for AB 939 solid waste reduction requirements by the State, grandfather rights of other commercial haulers, anti -trust actions, and all other existing issues contained in current agreements. Mayor McCaughan questioned what would happen if Calsan does not complete the MRF by January 1999, and Mr. Powell advised they would be in breach of the contract, which would then be subject to cancellation. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY AND WELL- BEING WITH RESPECT TO SOLID WASTE AND RECYCLING AND AUTHORIZING TIIE FURNISHING OF SUCH SERVICES PURSUANT TO FRANCHISE, PERMIT OR LICENSE BY AMENDING IN ITS ENTIRETY CHAPTER 1 OF ARTICLE V OF THE DOWNEY MUNICIPAL CODE RELATIVE TO "GARBAGE COLLECTION AND DISPOSAL" The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by Council Member Brazelton and unanimously carried (3 -0) to waive further reading and introduce the ordinance. Council Minutes 5/14/96 -3- f‘ s � RESOLUTION NO. 5951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, APPROVING A RESIDENTIAL INTEGRATED WASTE MANAGEMENT AGREEMENT BETWEEN THE CITY OF DOWNEY AND CALSAN, INC. The Resolution was read by title only. It was moved by Council Member Boggs, seconded b •� gg � y Council Member Brazelton, and unanimously carried (3 -0) to waive further reading and adopt. g P RESOLUTION NO. 5952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, APPROVING A COMMERCIAL INTEGRATED WASTE MANAGEMENT AGREEMENT BETWEEN THE CITY OF DOWNEY AND CALSAN, INC. The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member Brazelton, and unanimously carried (3 -0) to waive further reading and adopt. OTHER BUSINESS - n - i - Consent Calendar Items removed by Council Approval PROPOSED 1996 -97 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP GRANTS Council Member Brazelton noted he will be absent from the May 28, 1996, meeting and preferred this item be moved to the June meeting. When Mr. Caton stressed the need to have the hearing as soon as possible, Council Member Brazelton had no objection to the hearing bein g held on May 28. It was moved by Council Member Boggs, seconded by Council Member Brazelton, and unanimously carried (3 to set the Public Hearing for 7:30 p.m. on May 28, 1996, in the Council Chamber of Downey City Hall. OTHER BUSINESS - Council Members Mayor McCaughan commended the Community Services Department on the recent Kidsday event held in the City. Mayor McCaughan commended staff for the brochure on Keep Downey Beautiful and stated it would be nice if it .could go out to the whole community. Mayor McCaughan discussed the trip to Houston with Mr. Caton to meet with officials regarding proposals for the NASA/Rockwell property. He noted it was a very informative meeting and there are some real possibilities at the Rockwell site. Council Minutes 5/14/96 -4- 10351 OTHER BUSINESS - Staff Members Mr. Caton complimented Chief Irwin for Fire Services Day noting it was a great event and a great success. ORAL COMMUNICATIONS ..�. Mr. Jonathan Brownlee, 9224 Brookshire Avenue, stated citizens in his area are concerned with the rising tide of crime. He presented a petition signed by residents requesting the City put street lights in this area of Brookshire Avenue in an effort to curb the criminal activity and to assist the police in identifying persons committing these crimes. Mr. John Rivera, 9224 Brookshire Avenue, also noted the parking problem in this area as there are a lot of apartments and parking is only allowed on one side of the street. He asked Council to take a look at the parking situation on this block. Ms. Georgeta Bostean, 9100 block of Brookshire Avenue, mentioned street lighting is badly needed in this section of Brookshire Avenue and requested the Police Department intensify their patrol of this area, noting the residents are willing to assist the police in any way. Mr. James Balagna, 9627 Guatemala, discussed a citation he received for parking his RV in the back yard, noting he still has clear access to his garage. He cited a section of the Downey Municipal Code which prohibits blocking a garage from being used as a vehicle parking structure, but indicated many garages are used mainly for storage. Mr. Balagna feels there is no reason for the ordinance to exist and asked the Council to repeal it. He mentioned being informed that Code Enforcement only enforces the ordinance on complaint. Council Member Brazelton responded to comments of the residents of the 9400 block of -- Brookshire Avenue in the audience and said he has talked to the Chief of Police regarding this situation. He advised residents there is a procedure to follow for street lights and they can contact the Director of Public Works for the information. With regard to parking, he noted this is a problem and there is a Traffic Committee who can study this situation. ADJOURNMENT: 8:28 p.m. The meeting was adjourned to 5:00 p.m., May 28, 1996, in the Council Chamber of Downey y City Hall, for a Study Session on the Theater Block Streetscape, r) au Judith E. McDonnell, City Clerk Gary g P. cCau han Ma o H: \CCLERK\SCONTE\MINUTES \CC5 l 4. WPD Council Minutes 5/14/96 -5- .