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HomeMy WebLinkAboutMinutes-05-27-86-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 27, 1986 T A B L E O F M I N U T E A C T I O N S SUBJECT ACTION PAGE NO. Eagle Scouts Recognition 1 Proclamation to Lyndon Campbell 1 Proclamation re June 7th as First Missing Children's Awareness Day 1 Ord. re Apprvg. Agmt. w/Downey Unified School District re construction & operation of Swimming Pool Introduced 1 Proposed Amendment to DMC re Satellite Dish Antennas Hearing cont'd to 6/24/82 2 Proposed Amendment to DMC re Service Station Hearing closed. Matter Amortization Schedule cont'd to 6/24/86 for report 4 Res. #4753 Annex. into Ltg. Maint. Dist. AD 121 Adopted 4 (Annex. 86/07, Melva St.) Richard M. Jenning re letter pertaining to Bldg. 4 Permit for Davila addition to home Removal of Items from Consent Calendar 4 Minutes, Special Mtg., May 13, 1986 Approved 5 General Warrants: #15022-15354 Approved 5 Civic Center Flagpoles Awarded purchase 5 Delta Dental Contract Renewal Approved 5 Zone Change #226, 8732,34,36,40 Firestone Bl., Hearing set for 6/10/86 5 8711, 12, 15, 16, 20, 21, 24, 25, 26, 29, 30, 34, 40 McCahill; and 11214, 15, 20, 24, 26, 30, 34, 38 Nash Ave. Zone Change #227, 9355 Stewart & Gray Rd. Hearing set for 6/10/86 5 Zone Change #228 & General Plan Amend. 86-1 Hearing set for 6/10/86 5 Paramount Bl. bet. Stewart & Gray & DePalma Comm. Dev. Block Grant (CDBG) Grant Appl. City Mgr. authorized to 5 Submittal execute Res. #4754, Proposing to Annex into Ltg. Maint. Adopted 5 Dist. AD 121 (Annex 86/09, Meldar Ave.) Res. #4755, Apprvg. Engr's. Report (Annex 86/09) Adopted 5 Res. #4756, Decl. Int. to Annex into Ltg. Maint. Adopted 5 Dist. AD 121 (Annex. 86/09 Res. #4757, Apprvg. Appl. re Grant Award for Adopted 5 Community Crime esistance Program Ord. re DMC Amendment re Hotels & Motels Introduced as amended 6 Ord. #822, re Commercial Vehicle Parking Adopted 6 Ord. re Hotel Room Tax Cont'd to next meeting 6 Page 1 of 2 COUNCIL MINUTES, MAY 27, 1986 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #4758, Describing Imprvmts. & Ordering Adopted 7 Engr's Report (Ltg. Maint. Dist AD 121) Res. #4759, Decl. Intention to Levy & Collect Adopted 7 Assessments Hearing set for 6/10/86 CC #SS-387 - Firestone Bl. Median Landscaping: Approved 8 Award contract Valley Crest Landscape CC #SS-384 & 391, Signal Modifications: Award Approved 8 contract Signal Const. Co. Appropriation Adjustment Approved 8 Downey Space Shuttle Memorial Program Approved recommendation 8 Adams Ambulance Contract - Change in Insurance Cont'd to 6/24/86 8 Civic Center Refinancing Cont'd to 6/10/86 10 Shelters at Bus Stops: Authorize purchase Approved 10 from Prop A Money Minutes, Reg. Mtg., April 22, 1986 Approved 10 CC #541 (Phase 1) water Mains, Route 105 Fwy. Approved 10 Corridor - Plans, specifications & grant auth. to advertise for bids Disposal of Surplus Equipment Firearms Approved 11 Contract for General Plan Environmental Approved 11 Resources & Management Element Res. #4760, Apprvg. Appt. of Lucille Green to Adopted 11 L.A. Co.-Dny. Regional Public Recreation Auth. Council Member Boggs re lots being sold by State 11 in Fwy. corridor Council Member Barb re Davila campaign funds 12 Mayor Davila re submitting a display for Expo 1986 12 in Vancouver Recess to closed session re pending litigation 12 under provision of Sec. 54956.9 Gov. Code Meeting adjourned to 2:00 p.m., June 4, 1986 12 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 27, 1986 The City Council of the City of Downey held a regular meeting at 7:51 p.m., May 27, 1986, in the Council Chamber of the Downey City Hall, Mayor Bob Davila presiding. PRESENT: Council Members: Bob Davila Mayor James S. Santangelo Mayor Pro Tem Diane P. Boggs Robert G. Cormack Randall R. Barb ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Robert L. Shand, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services William F. Martin, Police Chief Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Harald J. Henriksen, City Engineer Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Jake Wager, Redevelopment Manager Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Cormack. The Flag Salute was led by Eagle Scout Charles E. Frey. PRESENTATIONS With the assistance of Dr. Gary McCaughan, Mayor Davila presented Eagle Scout Recognitions to Charles E. Frey,.Daniel T. Paluch, and Jason C. Paluch. Mayor Davila presented a Proclamation to Lyndon Campbell for his outstand- ing athletic and academic achievements. Mayor Davila presented to Mr. Herrera, Public Relations Manager with Downey Toyota, a Proclamation declaring Saturday, June 7th, as the First Missing Children's Awareness Day. Free fingerprinting will be provided that day at Downey Toyota by the Downey Police Department to all school age children. ORDINANCE There being no objections, the Ordinance regarding Construction and Operation of a Swimming Pool in the City was moved forward on the Agenda. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION AND OPERATION OF A SWIMMING POOL IN THE CITY OF DOWNEY The Ordinance was read by title only. It was moved by Councilman Barb, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to introduce. Councilman Santangelo inquired regarding the inclusion of a diving board since it is his understanding that neither the school or the Swim Club want a diving board. Mr. Jarrett replied that the School District does not utilize a diving board and the swim team does not have competitive diving. However, as a recreational facility utilized by the community diving is very desirable. Council Minutes 5/27/86 -1- aoo `l Mr. Davis explained that through the negotiating process the diving board was included. He and Mr. Jarrett toured a number of facilities, and each indicated that for a recreational program the diving capabilities were very important for interest in the full recreational program during the summer. Councilwoman Boggs asked about the proposal for two diving towers of different height and questioned who would know how to use them properly and how well they would be trained, noting the high liability of diving boards. Mr. Jarrett said the diving boards attract swimmers to a facility and diving would be taught through the Recreation Department. Mr. Tom Dakan, 822 South El Moleno Avenue, Pasadena, representing Aquatic Engineering, who prepared the report on this matter, commented on the increased liability of diving boards but noted he is only aware of one instance over a 25- -- year period where a young person was hurt using a three mater platform. He also indicated other facilities have the diving boards and discussed the need for a deeper pool when diving facilities and synchronized swimming are provided. Councilwoman Boggs raised concern regarding payment for phase two of the project. She also questioned the necessity of building the pool on the location of the ball diamond since a new sprinkling system has been installed and also whether the site of the current pool could be used. Mr. Jarrett said the School District does not intend to replace the ball diamond. He feels they will try to salvage as much as possible of the sprinkler system for another location. As to proposed location of the pool, he noted that access and visibility are important items for making people aware the facility is there. It is staff's request the Brookshire location would be more accessible to the community. Councilwoman Boggs indicated her willingness to support the Ordinance with the clarification she is not making any commitment for funding phase two. Mr. Jarrett said Council's consideration this evening is development of the pool itself, and at some future point in time, if the Council would like to consider completion of the project and expansion of the locker room facilities, it could be done at that time. Councilman Barb has copies of a newspaper from 1937 when the Downey pool was constructed and noted the same concerns were raised then that are being raised now. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila HEARINGS Mayor Davila opened the hearing on Amendment to Downey Municipal Code regarding Satellite Dish Antennas, which was continued from the regular meeting of May 13, 1986. Mr. Cutts commented on the three problem areas staff has attempted to rectify. He then discussed the areas of concern regarding location of the satellite dish and proximity to the front property line, interference, and location of the satellite dish as it relates to room antennas and noted the language changes proposed to rectify these concerns. He also reviewed the provision for size of the antennas. Responding to questions, Mr. Cutts reviewed wording of the proposed Ordinance. Councilman Cormack was excused from the meeting at 8:35 p.m. Mr. Cutts was asked about the inclusion of a provision that says the antenna cannot be placed in front of the roof and also providing parameters for a roof mounted antenna. He suggested the Ordinance be brought back. It was moved by Councilman Barb and so ordered to continue the hearing to 7:30 p.m., June 24, 1896, in the Council Chamber of Downey City Hall. Mr. Joel Lubin, 7820 Allengrove, said there is a substantial problem with the proposed Ordinance and that it should be carried over. Mayor Davila declared a recess from 8:40 p.m. to 8:46 p.m. The meeting resumed with Council Members Santangelo, Boggs, Barb, Davila present; Council Member Cormack absent. Council Minutes 5/27/86 -2- Mayor Davila opened the hearing on proposed Amendment to Downey Municipal Code regarding Service Station Amortization Schedule. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and so ordered to receive and file the Proof. Mr. Cutts reported on the staff's review of further information concerning the feasibility and impact of an amortization period for stations to provide free air, water, restrooms and windshield wiping materials. A survey was con- ducted, and he noted. that of 41 service stations and mini -marts in the City, 31 do provide air and water, eight charge for air and water, and 28 provide restrooms. A survey of other cities shows that the majority have not adopted regulations. The Planning Commission suggests an amortization schedule of two years in order to give those service stations not presently in compliance with the Ordinance time in which to bring the facilities to conformance. Mayor Davila inquired if the City Clerk had received any correspondence, and the response was no. Mayor Davila then asked if there was anyone present to speak in favor of the proposed amendment. Eleanor Lindenfeld, 8846 Manzanar, said the Thrifty station at Lakewood and Vista Del Rosa originally had public restrooms and that when they chose to remodel, the restrooms were eliminated. She also noted other stations in the City that formerly had restrooms but chose to close them when converting to self-service and mini -mart. Ms. Lindenfeld cited the need for restroom facilities at stations, which would make the City a better and healthier place to live. However, she did not concur with asking stations that no longer have restrooms to put them in. Mr. George Gallow, General Manager for California Target Enterprises, said they have two self-service stations in the City and they support the proposed Ordinance even though they know that opening restrooms to the public will make them subject to vandalism and provide a place for using narcotics. He referred to other businesses in the City that should also provide public restroom facilities. There being no one else to speak in favor, Mayor Davila asked if anyone wished to speak in opposition. Mr. Jerry Bickov, 18245 (inaudible), Bloomington, California, a consultant for real estate and government relations for several independent marketers, addressed the Council regarding impact of the Ordinance as to the impact this legislation will have on service stations in the City, noting the change in traditional services provided due to change to the market place, vandalism, and crime. He urged that the Ordinance be rewritten or make the amortization schedule ten years. Mr. Al Johnson, representing Thrifty Oil Company, presented the Council with drawings of Thrifty Oil sites showing that restrooms have not existed at Thrifty locations. Mr. Stan Sackler, 9706 Telegraph Road, asked that if public restrooms are going to be required in existing gas stations in the City, will the City require that they be to handicapped standards? This would create more of a hardship on the stations. He noted there is State law governing regulations for air and water. There being nn one else wishing to speak_ it was moved by Councilman Santangelo, seconded by Councilman Barb, and so ordered to close the hearing. Councilman Barb suggested defining those facilities that would require construction in order to comply and those that would be able to comply relatively easily. He would like to see some wording allowing a station that has no restroom facility and an occupancy permit to have some special considera- tion. He feels in the future that all facilities should have restrooms, and those with existing restrooms should be opened for use. Mr. Newton said there could be proper distinction made between the service station having facilities present but having the door closed for non-use, as opposed to the burden of contructing new facilities. Councilwoman Boggs expressed concern regarding the role of government Council Minutes 5/27/86 -3- c8'o©9 dealing with the free enterprise system, seeing that certain traditions are established, and seeing that certain health needs are met in the community. She said inasmuch as there are 28 out of 41 stations in the City providing rest - rooms, if a station did not have restrooms at the time the Ordinance was passed, that it should not be immediately required to do so and they should be given a long period of time. She also does not see a need for separate restrooms for men and women or a problem if the stations put in machines for air. Councilman Santangelo feels government should stay out of regulating the free enterprise system. Mayor Davila favors providing separate restrooms for men and women. Councilman Barb asked that staff bring back a proposal of a compromise for the facilities. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by the following vote to continue the matter to June 24, 1986. AYES: 3 Council Members: Boggs, Barb, Davila NOES: 1 Council Member: Santangelo ABSENT: 1 Council Member: Cormack Mayor Davila opened the hearing on Lighting District Annexation 86/07, Melva Street from Birchdale Avenue to 300 feet Easterly of Blodgett Avenue. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilman Barb, and so ordered to receive and file the Affidavit and Proof. Mayor Davila asked if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in protest, it was moved by Councilman Barb, seconded by Councilman Santangelo, and so ordered to close the hearing. RESOLUTION NO. 4753 AN ORDINANCE OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 86/07 - MELVA STREET FROM BIRCHDALE AVENUE TO 300 FEET EASTERLY OF BLODGETT AVENUE) The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack ORAL COMMUNICATIONS - Items not on Agenda Mr. Richard M. Jennings, 7435 Stewart & Gray Road, former Mayor and Council Member, said he has a copy of a letter from the Building & Safety Division to Mr, and Mrs. Bob Davila regarding an addition to their home that was done without obtaining a permit. Mayor Davila said he has answered to the City Attorney and City Prosecutor, anu aei.L.rement Of this Ind LLer- in in negotiations. CONSENT CALENDAR Agenda Items VIII-D-1, Cash Contract No. 541; VIII-F-2, Disposal of Surplus Equipment Firearms; and VIII-F-7, General Plan Contract for Noise Study, were removed at the request of Councilwoman Boggs. Agenda Item VIII-A-2, Minutes of Regular Meeting, May 13, 1986, was removed at the request of Councilman Barb. Council Minutes 5/27/86 -4- coo � Agenda Item VIII-G-2, Appointment of Mrs. Lucille Green to Golf Course Authority, was removed at the request of Mayor Davila. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to approve the Consent Calendar: Minutes, Special Called Meeting of May 13, 1986. General Warrants: 115022 - 15354, $947,005.89. Civic Center Flagpoles: Award purchase of three flagpoles with accessories to M. H. Powell and Company in the amount of $6,138.60 and appropriate funds totaling $9,638.60 to cover both purchase and installa- tion from the General Fund unappropriated fund balance. Delta Plan Contract Renewal - Conversion of Self -Funding: Authorize staff to renew the Delta Dental Plan contract providing for a self - funding arrangement for fiscal year 1986-87. Zone Change No. 226, for property located at 8732, 34, 36, 40 Firestone Boulevard; 8711, 12, 15, 16, 20, 21, 24, 25, 26, 29, 30, 34, 40 McCahill; and 11214, 15, 20, 24, 26, 30, 34, 38 Nash Avenue: Hearing set for 7:30 p.m., June 10, 1986, in the Council Chamber of Downey City Hall. Zone Change No. 227, for property located at 9355 Stewart and Gray Road: Hearing set for 7:30 p.m., June 10, 1986, in the Council Chamber of Downey City Hall. Zone Change No. 228 and General Plan Amendment 86-1 for property located at properties to the east of Paramount Boulevard between Stewart and Gray Road and DePalma Street (Assessor's Parcel Numbers 6255-19-21, 22, 23 and 29): Hearing set for 7:30 p.m., June 10, 1986, in the Council Chamber of Downey City Hall. Community Development Block Grant (CDBG) Application Submittal for 1986-87: Authorize the City Manager to execute and submit the 1986-87 CDBG Applica- tion and Final Statement for use of these funds; and execute any and all documents in conjunction with the 1986-87 Community Development Block Grant. RESOLUTION NO. 4754 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT NO. A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 86/09 - NELDAR AVENUE BETWEEN GALLATIN ROAD AND VISTA DEL RIO) RESOLUTION NO. 4755 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT A.D. 121 OF ANNEXATION 86/09 - MELDAR AVENUE BETWEEN GALLATIN ROAD AND VISTA DEL RIO RESOLUTION NO. 4756 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 86/09 - rZL"uAR AVENUE OCircEii 6ALLpmin ROAD AND VISTA DEL Kau) (sets the hearing for June 24, 1986) RESOLUTION NO. 4757 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE SUBMISSION OF APPLICATION FOR GRANT AWARD TO THE OFFICE OF CRIMINAL JUSTICE PLANNING FOR A COMMUNITY CRIME RESISTANCE PROGRAM AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila Council Minutes 5/27/86 -5- ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9104.122 AND 9104.174 OF THE DOWNEY MUNICIPAL CODE WHICH RELATE TO HOTELS AND MOTELS (CHAPTER 1 ARTICLE IX) The Ordinance was read by title only. It was moved by Councilman Santangelo and seconded by Councilman Barb to waive further reading and to adopt. Councilwoman Boggs said the Ordinance designates six or more rooms without kitchens as a hotel, and she does not consider six rooms a hotel. Mayor Davila would like the 120 days changed to 180 days. Mr. Newton explained that any change of substance in the Ordinance would require re -introduction. It was moved by Councilman Barb, seconded by Councilman Santangelo, and passed by the following vote to amend the Ordinance, Section 1 - Hotel to read 100 rooms. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to introduce the Ordinance as amended. AYES: 3 Council Members: Santangelo, Boggs, Barb NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Cormack ORDINANCE NO. 822 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3185 (b) OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO TRUCK PARKING REGULATIONS The Ordinance was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. Councilwoman Boggs inquired regarding enforcement of the Ordinance. Chief Martin said if a vehicle is obviously being used for commercial purposes, whether or not there is a logo, it would be cited if parked in a residential area. Councilman Santangelo noted an obvious plumbing operation parked on the east side of Brookshire just north of Florence. He asked that someone look into this. Mr. Ralph pointed out that if a vehicle is not operating in conformance with the Vehicle Code it would be cited for that. Mayor Davila said people who bring home their commercial vehicles will have to park them in their driveways, which will create other problems. AYES: 3 Council Members: Santangelo, Boggs, Barb NutS: 1 Council Member: Davila ABSENT: 1 Council Member: Cormack ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6127 OF THE DOWNEY MUNICIPAL CODE ORDINANCE 255 - ROOM TAX Shar Franklin, representing Embassy Suites Hotel, 8425 Firestone Boulevard, was asked if imposing an increase in Room Tax after 60 days would be a problem for the Hotel, and she replied that some of the large accounts can take six to eight weeks to relocate their people, wherein the 60 days would satisfy those Council Minutes 5/27/86 -6- QQi J customers. However, customers working on special projects could take anywhere from one to six months, and the Hotel would then lose them to a hotel in the area that does not charge the tax after 30 days. Increasing the Tax from eight to 12 percent would highlight the fact that if a customer stays longer he will be charged more. She requested the Tax be left at eight percent. This is one of the few cities having such an ordinance, which penalizes people who want to stay more than 30 days. Councilman Santangelo said it appears that imposing the additional Tax after 30 days could cause the City to lose more revenue than it would gain. He feels the Council should consider not adopting the Ordinance. It was indicated the Ordinance does not include motels. Mr. Powell explained the eight percent tax was adopted by Ordinance at the last meeting and would apply no matter how long a person stays at a hotel. Mr. Newton noted that this Tax is imposed pursuant to State law under the Revenue and Taxation Code, which defines the hotels. Mr Fister, representing Downey Travel Lodge, asked when this comes back that there be a definition on how this would affect hotels and motels since Travel Lodge has 185 rooms. He asked that they be handled as separate issues. He responded to questions regarding long-term stays at his facility. It was so ordered to refer the Ordinance back to staff to bring back at the next meeting. Staff was also asked to review how the increased Tax could impact the hotel business in Downey. RESOLUTIONS RESOLUTION NO. 4758 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESCRIBING IMPROVEMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1986-87 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. Mr. Ralph explained three different Engineer's Reports have been provided showing zero, 25 and 50 percent reserves. He discussed the various reserves in each Zone and responded to questions regarding the proposed assessments. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to reduce the reserve in Zones I, II, III, V and VI to a 25 percent level. It was noted Zone IV should be a zero reserve. Mr. Ralph indicated he will come back with an Engineer's Report reflecting that and the actual dollars. Councilman Barb said a reserve was built up and the City elected to charge zero assessment every year until it was used, and now the City is faced with increasing the assessment to bring it up to 25 percent. Mr. Ralph said he can come back with some options on that. It was so ordered for staff to bring back the Engineer's Report. Roll call vuL. urr adoption of Resolution No. 4758: AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack RESOLUTION NO. 4759 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1986-87 (Sets Hearing for June 10, 1966) Council Minutes 5/27/86 -7- The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack ADMINISTRATIVE REPORTS It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to authorize staff to proceed with Cash Contract No. SS-387, Firestone Boulevard - Median Island Landscaping as outlined in the staff report; award a unit price contract totalling $518,211 to Valley Crest Landscape, Inc., contingent upon Caltrans' approval to award the contract; and authorize the expenditure of $3,000 for consultant services. — AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to award a contract to Signal Construction Company in the amount of $342,989, contingent on Caltrans' approval, on Cash Contract Nos. SS-384 & SS-391, Traffic Signal Modifications - Florence Avenue, Imperial Highway and Fifth Street. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to approve Appropriation Adjustments. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to approve the recommendation for Downey Space Shuttle Memorial Program. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Adams Ambulance Contract - Request to Change Insurance Requirement Mr. Jerel Jorgensen, President of Adams Ambulance, 8633 California Avenue, South Gate, responded to questions regarding the proposed request, noting insurance companies will only issue liability insurance with $500,000 maximum liability per occurance and not name any additonally insured --it is not available. Mr. Newton was asked how this would affect the City's responsibility from a liability standpoint, and he explained the City would have substantially greater liability exposure. The contract contains a hold harmless and indemnification by the contractor, which is a corporation, and if the corporation is dissolved then the contract would have no value to the City. He asked Mr. Jorgensen if any other insurance carriers have been consulted relative to naming the City as an additional insued. Mr. Jorgensen said he has chcked every company in California and is now looking at the market in Arizona. The California Ambulance Association is endeavoring to start its own insurance company in Phoenix, which hopes to be operational by the first of July to self -insure the ambulance operators in California.' We commented further on riffs attempts Eo secure additional insurance and noted Adams Ambulance has never had a loss in 40 years in over $70,000 and the insurance premiums are triple what they were last year. Also, insurance companies will not provide collision insurance. Mr. Newton further explained the impact the requested modification of the contract could affect the City in the event of a lawsuit against the contrac- tor's performance if for some reason the contractor was unable to respond due to various possibilities. Mr. Jorgensen said a study of 85 ambulance companies has found that in the last 40 years only one ambulance company was sued for a sum of $750,000, which Council Minutes 5/27/86 -8- is under appeal, and the other largest settlement was $400,000. He said his company handles 3500 calls a month, and when the $1 million coverage becomes available they will carry it. Today they carry $6.5 million coverage. He noted that the County and various cities have dropped their coverage, and he requested that Downey lower its coverage limits at this time. Mr. Newton said if the liability exposure for the City is so small it would be appropriate for the contractor to provide some form of protection for the City possibly in the form of security so that the City is not required to spend its own funds in defense of an incident brought about by the contractor in the performance of his contract. Mr. Jorgensen responded that the County sets the rates, and letters of credit and over -extended to the point that are responsible to the vehicles if anything should happen to them. All letters of credit have been exhausted to this point. Councilman Santangelo is concerned about the City being named as additional insured. Mr. Newton indicated that due to the uncertainties involved, he would suggest continuing this matter to the second meeting in June, which is closest to the expiration date. Mr. Jorgensen commented on additional exposure being created because they are not being allowed to operate out of their Iowa Street property in that there have been problems getting approvals from the Design Review Board and getting permits from Planning and Building, and they have been trying for six months to get occupancy at that location. Downey Community Hospital has been using the building and there are two ambulances stationed in Norwalk, Lynwood, Bellflower, Bell Gardens, and South Gate, which is not adequate coverage for Downey, has increased the response time per call, and will impact the liability insurance. Mr. Newton suggested the Council may wish to engage in negotiations with the contractor for consideration of some benefit to the City for relieving the contractor of an obligation under the contract. An amendment to the agreement would be necessary to implement any change. When asked if the Paramedics would be able to provide transportation service to the hospital in lieu of the ambulance service, Chief Irwin said it is doubtful considering the number of calls. Although Santa Fe Springs does provide backup service, they do not provide transport. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to continue to the meeting of June 24, 1986. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Councilman Barb expressed concern of people's safety is being sacrificed since there are no ambulances located in the City. He called for having ambulances located in the City permanently as provided in the contract. Mr. Jorgensen commented on the difficulty he has had obtaining necessary approvals from the City for various permits since escrow closed on in August 1985. He also noted the considerable sums of money spent in upgrading the property and suggested there is.no reason not to allow at least one or two vehicles to operate out of that location. Mr. Cutts said the conditional use permit was approved in December 1985 and the conditions of approval have not been met. They need to submit an application before the Design Review Board. Mayor Davila asked about staff working with Adams to see about finding a temporary location for them to work out of the City. Councilman Barb requested that necessary legal steps be taken to make sure that tomorrow there is an ambulance in the City. He wants it in a legal location. Discussion followed. Council Minutes 5/27/86 -9- gn�5 It was moved by Councilman Barb, seconded by Councilman Santangelo, and passed by the following vote to ask the City Attorney to take whatever steps need to be taken to ensure that Adams Ambulance comply with their contract. Mr. Jorgensen said he has been informed by his Vice -President that there will be an ambulance parked in front of City Hall and the cars will be rotated every 12 hours. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Civic Center Refinancing Mr. Powell commented on the staff's recommendation of establishing a date for consideration of the Ordinance, as well as setting a minimum savings for the refinancing. He noted that since the last meeting the interest rates in the municipal bond market went up and cut the City's savings down substantially. When asked if any fees have been paid on this matter, he replied no and that the fee to be paid out will be contingent upon actually doing the refinancing. Councilman Santangelo believes there will be a better interest market in the next two months and suggested in the meantime that no funds be spent on this matter. Mr. Powell indicated he can process the legal documents and loan applia- tion forms without incurring any costs in order that the City may move forward quickly when it is satisfied with the interest rates. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to continue this matter to June 10, 1986, and ask Mr. Powell to have the legal documents ready. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Shelters at Bus Stops Mr. Cutts reported on two options for bus shelters in the City: One is to contract with a firm that would bring in the shelters, install them at no cost to the City, and they would allow for advertising on the shelter; and the other is that the City purchase its own bus shelters with Prop A Funds, without advertising, and the City would be providing the maintenance. He further reported on the costs for purchasing the shelters and said the shelters would be placed in ten different locations. Staff recommends the City purchase the shelters without the advertisement. Councilman Santangelo suggested allowing advertising on the shelters and that an organization or the Chamber of Commerce sell the advertising, with the City keeping half the revenue. It wasmoved by Councilwoman Boggs, seconded by Councilman Barb, and passed by the following vote to authorize the purchase of ten bus shelters from Prop A money and that the only advertising to be displayed would be for community events. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack ITEMS REMOVED FROM CONSENT CALENDAR It was moved by Councilman Barb, seconded by Councilman Santangelo, and passed by the following vote to approve the Minutes, Regular Meeting of April «, 1986. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Cash Contract No. 541 (Phase 1) Water Mains - Route 105 Century Freeway Corridor, Bellflower Boulevard to Downey Avenue Councilwoman Boggs asked about the percentage of costs the City will have to pay, and she was told it is not by percentage but by "betterment," and that the City would be reimbursed for any expenses caused by the State. Council Minutes 5/27/86 -10- b O (o It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to approve plans, specifications and grant authority to the Water Division to advertise for bids. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Disposal of Surplus Equipment - Firearms Councilwoman Boggs inquired regarding the price the City would receive for the firearms. Chief Martin explained there are three options, one of which is that two auction firms would take the firearms and conduct an action, but there would be no guarantee on the revenue received. It appears the best procedure would be to go with a third option of allowing the company the City would be purchasing new weapons from to take all the guns in trade. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed to authorize City staff to periodically sign agreements for the disposal of certain firearms that are held by the Police Department pursuant to confiscation during the course or business. Mayor Davila does not like the idea of putting weapons back into circulation for use by the public. AYES: 3 Council Members: Santangelo, Boggs, Barb NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Cormack Contract for General Plan Environmental Resources and Management Element Responding to a question, Mr. Cutts commented on the funding involved for the noise, safety, and open space and conservation elements. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to authorize the City Manager to sign a Professional Services Agreement with Michael Brandman Associates, Inc., for preparation of the General Plan Element. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack RESOLUTION NO. 4760 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MRS. LUCILLE GREEN AS A MEMBER OF THE LOS ANGELES COUNTY-DOWNEY REGIONAL PUBLIC RECREATION AREA AUTHORITY FOR COUNCILMANIC DISTRICT NO. THREE The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack OTHER BUSINESS - Staff Members: None OTHER BUSINESS - City Council Councilwoman Boggs commented regarding Lots being sold by the State Freeway Corridor, and she understands some of the lots would be sub-stanoara after different roadways are changed. She asked that any approval of sub- standard lots come to the Council for approval. Mr. Cutts said one of the provisions in the agreement with Caltrans is that they could come in with anything that did not meet present zoning, regulations, and that would address sub -standard lots. Councilwoman Boggs also noted a property owner who wishes to purchase the lot next door rather than have someone else move in, and she wondered about notifying people that land is for sale. Council Minutes 5/27/86 -11- >�. �9 Mr. Newton said the intent of the agreement is that substandard lots would be available for sale only to adjoining property owners. Councilman Barb said he understands Mayor Davila has received campaign funds in the amount of $2,000 or more from Mr. Diller and questioned whether this would be a conflict since matters have come before the Council in the last several months involving Mr. Diller. Mayor Davila stated he abstained on the matter because he had no opinion at that time. This is all recorded on his statement. Councilman Barb requested a closed session to consider an item discussed earlier. Mayor Davila commented on receipt of a letter requesting consideration of submitting a display for the Expo 1986 in Vancouver. He directed staff to look into it. Mayor Davila recessed the meeting to closed session from 11:37 p.m. to 11:52 p.m, for the purpose of discussing pending litigation under the provisions of Section 54956.9 - Government Code, Subdivision (a) matter, Grundman vs. City of Downey. The meeting resumed with Council Members Santangelo, Boggs, Barb, Davila present; Council Member Cormack absent. ADJOURNMENT: 11:52 p.m. The meeting was adjourned to 2:00 p.m., June 4, 1986, in the Council Chamber of Downey City Hall. Robert . Shand Cleh City y -Treasurer k Bob Davila, Mayor Council Minutes 5/27/86 -12-