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Minutes - 06-24-03 - Regular Meeting
< : 1 1.: {; f it til 4514 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JUNE 24, 2003 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., June 24, 2003, in the Council Chamber of the Downey City Hall, Mayor/Chairman Rick Trejo presiding. PRESENT:Council Members/Commissioners: Rick Trejo Kirk O. Cartozian Mayor/Chairman Mayor Pro Tempore/Vice-Chairman absent – (excused) Keith McCarthy Anne M. Bayer Meredith H. Perkins ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Kathleen L. Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager James Makshanoff, Assistant to City Manager Darrell George, Director of Community/Economic Development Bonnie Kehoe, Director of Community Services Ron Yoshiki, Asst. Director of Community Dev./City Planner APPROVAL OF CLOSED SESSION MINUTES : None RECESS TO CLOSED SESSION Mayor/Chairman Trejo announced the Council/Commission is recessing to Closed Session (6:31 p.m.) to discuss matters under the authority of the following sections of the Government Code: 2.SECTION 54956.9(b) – Conference with legal counsel – anticipated litigation (exposure to litigation) (one potential case). 3.SECTION 54956.9(c) – Conference with legal counsel – anticipated litigation (initiation of litigation) (two potential cases). 4.SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell George re property: Parcels 1-6 of the Downey NASA site generally bounded by Stewart & Gray Rd., Imperial Hwy. and Lakewood Blvd.; negotiating party: Downey Landing LLC; under negotiation: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj .) 06/24/03 -1- til 4 bl 1) 5.SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell George re property: Parcels 1, 2, and 5 of the former Downey NASA site generally bounded by Stewart & Gray Rd., Imperial Hwy. and Lakewood Bl. ; negotiating party: Industrial Realty Group; under negotiation: price and terms of payment. The meeting reconvened in open session at 7:38 p.m., noting the absence of Mayor Pro Tempore Cartozian. There were no Closed Session actions to report. The meeting recessed at 7:38 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:50 p.m., noting the absence of Mayor Pro Tempore Cartozian/Vice-Chairman Cartozian (see Oral Communications under the Regular City Council Meeting) and recessed at 8:56 p.m. The meeting reconvened at 9:59 p.m., noting the absence of Mayor Pro Tempore/Vice- Chairman Cartozian and immediately recessed to Closed Session to complete discussion of Closed Session items previously announced. The meeting reconvened at 10:34 p.m., noting the absence of Mayor Pro Tempore/Vice- Chairman Cartozian. There were no Closed Session actions to report. ADJOURNMENT: 10:35 p.m. Mz£&„>d.?„id@££© Kathleen L. Midstokke, City Clerk/Secretary Rick Trejo, Mayor/Chairman City Council/Community Dev. Comm. Minutes (adj .) 06/24/03 -2- i lit' i MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 24, 2003 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Announced Certificate of Appreciation to Mary Lou Trevis as Assemblywoman Fabian Nunez’s selection as Woman of the Year in the 46th Assembly District Public Hearing and adoption of Res. # 6673 Confirming the Assessments for Lighting & Landscaping District A.D. 121 Adopted 2 Public Hearing and adoption of Res. # 6674 Adopting the Fiscal Year 2003-04 Budget Adopted Adopted 4 Public Hearing and adoption of Res. # 6675 Establishing a Uniform Schedule of Fees 5 6Oral Communications Public Hearing and adoption of Res. # 6676 Approving Bonds issued by CA Statewide Communities Dev. Authority for property located at 13032 Clark Avenue Adopted 6 Public Hearing and adoption of Res. # 6677 Amending General Plan for property at 8292 and 8300 Telegraph Road and Introduction of Ordinance for Zone Change Adopted Introduced 7 8 8Removal of Items from Consent Calendar Council Minutes: Special Meeting 06/03/03 Adj . & Reg. Mtgs. 06/10/03 Approved 8 Warrants Issued: # 186606- 186971; Wire Nos. 188, 30000588, 30000602-608; $3,054,387.57 Approved 9 2003 Annual Project Update for expenditure of Proposition A and C Local Return Funds Approved 9 9 9 Agreement for Consultant services with E. Del Smith Approved ApprovedAgreement for Consultant services with Edington, Peel PAGE 1 OF 2 COUNCIL MINUTES, JUNE 24, 2003 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. # 6678 Adopting annual Appropriations Limit for Fiscal Year 2003-04.Adopted 9 9 Res. # 6679 Adopting Class Specs. & Salary Ranges for Deputy Director of Public Works & Senior Forensic Specialist Res. # 6680 Approving Parcel Map No. 26885 for 9045-9051 Margaret Street Res. # 6681 Authorizing Investment of Monies in the Local Agency Investment Fund Approved Contract with Bio Constructs for Employee Training Res. # 6682 Opposing AB1690 Granting Cities Authority to Tax Residents’ Personal Income Adopted Adopted 9 9 10 10 11 11 12 Adopted Approved Approved TabledRequest for Street Closure for Block Party on Rutgers Avenue Council Member Comments Meeting adjourned to 6:30 p.m., July 8, 2003 PAGE 2 OF 2 Ul 4516 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 24, 2003 The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., June 24, 2003, in the Council Chamber of the Downey City Hall, Mayor Rick Trejo presiding. PRESENT:Council Members: Rick Trejo Kirk O. Cartozian Anne M. Bayer Keith McCarthy Meredith H. Perkins Mayor Mayor Pro Tempore – absent (excused) ALSO PRESENT:Gerald M. Caton, City Manager Charles S. Vose, City Attorney Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manger James Makshanoff, Assistant to City Manager Desi Alvarez. Director of Public Works John Finch, Chief of Police Darrell George, Director of Community/Economic Development Bonnie Kehoe, Director of Community Services John Michicoff, Finance Director Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev./City Planner Susan Domen, Executive Secretary PRESENTATIONS Mayor Trejo announced a cutincate of Appreciation to Mary Lou Trevis as Assemblywoman Fabian Nunez’s selection as the Woman of the Year in the 46th Assembly District. PUBLIC HEARINGS 1.LIGHTING AND LANDSCAPING DISTRICT A.D. 121, FISCAL YEAR 2003-2004 ASSESSMENT. Mayor Trejo opened the Public Hearing at 7:43 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member McCarthy, seconded by Mayor Trejo and unanimously carried (4/0) to receive and file. There was no correspondence received on this item City Council Minutes 06/24/03 -1- Iq 5 ITU A staff report was presented by Public Works Director Desi Alvarez who explained that the City annually imposes these assessments to raise the revenue needed to provide street lighting and landscape maintenance. The City is divided into seven zones for the purpose of making these assessments. The overall cost for the upcoming Fiscal Year 2003-2004 is estimated to be $1,445,947 which represents an increase of $93,674 for the projected costs. He then explained the level of assessments for each zone and whether it was increased or decreased. Council Member Perkins inquired why there was a reduction in Zone 1 and Director Alvarez responded that the fund balances had increased in the past year in part due to overestimating some of the expenses due to the unknown rates of electricity at the time. The electricity rates have now stabilized and are the same as last year. Mayor Trejo questioned regarding Table 4, Zone II and why the maximum amount was $ 114.90. Director Alvarez responded that those amounts were set at the formation of the District and he could do further research on the justification. Council Member McCarthy inquired why there were two different numbers on the housing units in the Engineer’s Report. Director Alvarez explained that the actual number of dwelling units varied depending on whether apartments were counted individually vs. buildings and also the different geographical areas. Council Member McCarthy inquired why there was such an increase in Zone IV, new fixtures, for the upcoming year. Director Alvarez responded that was due to their estimate based upon the number of requests received (by petition) for processing. Council Member McCarthy pointed out the fact that the cost for an installed Southern California Edison new street light is $1,307. In response to Council Member McCarthy’s inquiry, City Attorney Vose stated that there is an election process to go through in order to raise the assessments over the maximum amount in which the ballots are cast by the land owners. Lennie Whittington, Downey resident, inquired what the trees and lighting on the new medians are costing the taxpayers and the response was it is paid through the various zone assessments and the actual cost of the electricity is .09 per kilowatt hour. Council Member Perkins commented that additional lighting is often added for safety as was done at the time of the Imperial Highway undergrounding project. There being no further speakers, it was moved by Council Member McCarthy, seconded by Council Member Perkins, and so ordered to close the Public Hearing at 8:00 p.m. RESOLUTION NO. 6673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE 2003-2004 FISCAL YEAR ASSESSMENT FOR LIGHTING AND LANDSCAPING DISTRICT A.D. 121. City Council Minutes 06/24/03 -2- ul- 4iil"i City Clerk Midstokke read the title of the Resolution. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried (4/0) to waive further reading and adopt. 2.PROPOSED BUDGET FOR 2003-04 FISCAL YEAR. Mayor Trejo opened the Public Hearing at 8:01 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried (4/0) to receive and file. There was no correspondence received on this item. A staff report including a Power Point presentation was presented by Assistant City Manager Lee Powell who indicated that the preliminary budget was already the subject of a City Council Study Session approximately one month ago at the Barbara Riley Community Center. He explained that the City Charter requires that the annual budget be adopted by the City Council prior to July 1 at a Public Hearing. The total City budget (including Redevelopment) is $125 Million which can be divided into three parts: General Fund $51 Million; Special Revenue Fund $48 Million; and Enterprise Fund $26 Million. The largest component of the City budget is Capital Projects at $50 Million. In reviewing the General Fund budget, the largest component is Police at 43% and next is Fire at 24%. Together they comprise almost 70% of the total General Fund budget. As to revenues, they are more diverse, with Intergovernmental revenue being 27% and Service Fee revenue being 17%. The largest General Fund revenue is Sales Tax revenue at 28% and Other Taxes revenue following at 19%. Overall, the revenue picture is very balanced. The budget highlights for this year are: the State budget problems; NASA infrastructure; the Learning Center; the NASA park and the Golf Course Club House. In regards to the State Budget problem, it remains uncertain with an estimated deficit of $38.2 billion. The preliminary budget assumes a $430,000 1oss from the State, plus has a $712,000 cushion in the operating portion of the budget Mr. Powell then reviewed the modifications that are being suggested for the budget including $311,000 added for CDBG program in accordance with the recent CDBG Public Hearing; $25,000 for 2nd year of 1-710 study; $25,000 in Asset Forfeiture Funds for School Resource Officer program; and $1,400 for new computer for Secretary to the City Council and for the Assistance City Manager. Lennie Whittington, resident of Downey, inquired whether the developers of the former NASA property will be paying for all of the costs of the improvements or whether the taxpayers will be paying for some. City Manager Gerald Caton responded that the off-site improvements such as the intersections will be paid for by the people who will be redeveloping the site as well as the on-site infrastructure improvements such as water lines and sewers. Carla Vance, resident of Downey, inquired regarding who was paying for the Golf Course Club House rebuilding and the response was that it was being paid for by the fees from the golfers. There being no further speakers, it was moved by Council Member Perkins, seconded by Council Member Bayer, and so ordered to close the Public Hearing at 8:15 p.m. City Council Minutes 06/24/03 -3- 01431 !i Council Member McCarthy noted that the staff report indicates that there will be $500 in additional funding for the Private Industry Council and they are now known as the Workforce Investment Board. He also inquired of Police Chief Finch whether the identification of the Holiday overtime issue had been made yet in regards to the $152,000 spent to date yet no funds requested for the coming year and referred to the Minutes of the Budget Study Session of June 3, 2003 . Council Member McCarthy further questioned whether a separate program number had been established under the Fire Department to cover the filming activities at the NASA site and the response was yes. He indicated that he is still discussing the Picket Fence program with Housing Manager Ed Velasco and appreciates the dialogue. Council Member Perkins thanked Chief Finch for the $25,000 inter-fund transfer from the Asset Forfeiture Fund to fund the City’s share of the School Resource Officer program. Council Member Bayer explained that this has been her 1 st experience with the City budget process, encouraged citizens to attend the Budget Study Session and complemented the City staff for their presentations. Mayor Trejo thanked the Department Heads for their presentations at the Budget Study Session and answering all the questions very precisely. He also indicated that he is very proud that the City’s operating budget is stable and balanced. RESOLUTION NO. 6674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2003-04 BUDGET WITH IMPLEMENTING DOCUMENTS. City Clerk Midstokke read the title of the Resolution. It was moved by Council Member Perkins, seconded by Council Member Bayer, and unanimously carried (4/0) to waive further reading and adopt. 3. UNIFORM SCHEDULE OF FEES. Mayor Trejo opened the Public Hearing at 8:23 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Council Member Bayer and unanimously carried (4/0) to receive and file. There was no correspondence received on this item A staff report including a Power Point presentation was presented by Assistant City Manager Powell who indicated that service fees is the largest revenue source for the City for the entire budget. All of the City fees are on this schedule except for building permit fees and water rates. He indicated there are 437 fees listed in the Resolution with 364 proposed as unchanged, 67 are increased, 4 are new and 2 are decreased. 4 fees are deleted and 27 fees are clarified. He noted that the voluntary subscription fee for medical transportation is proposed to be increased from $24 to $36. City Council Minutes 06/24/03 -4- '’ tFl%;yi :'I Council Member McCarthy questioned what the norm amount was on the survey for the medical transportation costs and the response was that Burbank and Alhambra were at $36 and Pasadena was at $55. He also clarified that the Twilight League golf fee was for only 9 holes instead of the regular 18 . Lennie Whittington, resident of Downey, commented that if the subscription fee for medical transportation is increased that some customers might be lost because they could not afford it and questioned whether the Finance fee for Customer Service Record Search was only when the Finance Department did the search and not when a member of the public comes in and reviews records. There being no further speakers, it was moved by Council Member Perkins, seconded by Council Member McCarthy, and so ordered to close the Public Hearing at 8:38 p.m. Council Member Perkins expressed that he did not feel that the only criteria for adjusting the medical transportation fee should be looking at what some other cities charge, but rather, looking at what the cost of doing business is and that the proposed increase is too high at almost 50%. Chief Sauter responded that the last time the fee was adjusted was 1999. Council Member Perkins suggested that the increase be to $30. Council Member Perkins also suggested that the Fire Department fee for “Work done without permit” on page 5 be changed from double permit fee to triple permit fee. He inquired regarding the garage sale permit enforcement and Police Chief Finch responded that those without a permit receive a Notice of Violation that requires them to come to City Hall and pay the permit fee. Chief Finch indicated that he would review this fee next year. City Attorney Charles Vose responded in regards to the proposal to triple the permit fee for work done without a permit that the expense has to be sufficient enough to justify the tripling and that this procedure is not one of setting a penalty, but rather, an attempt to recover costs. City Manager Caton clarified that this issue will be brought back as an agenda item at the next Council meeting to determine if the kipling can be justified for the Fire Department as well as Code Enforcement. Mayor Trejo stated that often in the remodeling of homes, the homeowners are following the guidance of the contractors and they do not know if permits have been applied for or not. Council Member McCarthy also indicated that people might be innocently violating the law just trying to fix up their homes and not realizing they need a permit. RESOLUTION NO. 6675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES. City Clerk Midstokke read the title of the Resolution. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried (4/0) to waive further reading and adopt, with an amendment on Page 3, Subscription Fee – Emergency Medical Transportation, be changed to $30.00. City Council Minutes 06/24/03 -5- . 0140:: L ORAL COMMUNICATIONS Lennie Whittington, resident of Downey, addressed the new divider the City installed on Bellflower Boulevard as causing havoc and inconvenience, especially for the Kaiser patients. Gary DeRemer, resident of Downey and President of Downey Rose Float Assn., thanked the City Council for their continuing support of the Rose Float Association. Ken Rathmun, resident of Downey inquired when the item regarding Telegraph Road would be heard and he was informed it is Public Hearing # 5 to be heard shortly. PUBLIC HEARINGS – con’t. 4.ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY AND RELEASE OF HOME INVESTMENT PARTNERSHIP PROGRAM GRANT FUNDS FOR 13032 CLARK AVENUE. Mayor Trejo opened the Public Hearing at 8:57 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member McCarthy, seconded by Council Member Perkins and unanimously carried (4/0) to receive and file. There was no correspondence received on this item. A staff report was presented by Housing Manager Ed Velasco indicating that staff was requesting that the City Council take two related actions regarding the acquisition and property improvements at 13032 Clark Avenue. The property contains an existing apartment complex with 41 rental units consisting of 13 one bedroom, 20 two bedroom, and 8 three bedroom suites. The Southern California Housing Development Corp . will purchase and rehabilitate the property and the Long Beach Affordable Housing Coalition is proposing to provide a gap loan to complete the funding. The proposed project will provide 41 rent restricted units, which will be available to low and moderate-income households for a period of not less than 55 years. There will be tax-exempt bond financing which will provide 74% of the total cost. There being no one requesting to speak, it was moved by Council Member Perkins, seconded by Council IV[ember Bayer, and so ordered to close the Public Hearing at 9:10 p.m. RESOLUTION NO. 6676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE PROPERTY LOCATED AT 13032 CLARK AVENUE; and authorize staff to release up to $550,000 in federal HOME Investment Partnership Grant funds to the Long Beach Affordable Housing Coalition for the purpose of providing a second tier of financing for the acquisition and rehabilitation of the subject property; with the conditions imposed as noted on page 3 of the staff report. City Council Minutes 06/24/03 -6- i ',{){ +$2: City Clerk Midstokke read the title of the Resolution. It was moved by Council Member Perkins, seconded by Council Member Bayer, and unanimously carried (4/0) to waive further reading and adopt the resolution and approve staff recommendation as amended. 5.GENERAI J PLAN AMENDMENT NO, 03=17 FOR 8292 AND 8300 TELEGRAPH ROAD AND ZONE CHANGE NO. 03-18 FOR 8300 TELEGRAPH ROAD. Mayor Trejo opened the Public Hearing at 9:12 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Council Member Bayer and unanimously carried (4/0) to receive and file. There was no correspondence received on this item A staff report including a Power Point presentation was presented by Assistant Director of Community Development/City Planner Ron Yoshiki indicating that this is the site of the former Rio Hondo Hospital on the south side of Telegraph Road between Birchbark Avenue and Stamps Road. The hospital was built in the 1950s and 1960s comprising approximately 70,000 square feet. This property has been vacant since 2000. An expanded study area is also included at 8292 Telegraph Road. For consideration is a General Plan Amendment for this area from the Office classification to the Medium Density Residential and also a request to rezone from Office to R-3-O. Elizabeth Srour, 1001 Sixth Street, Manhattan Beach representing the applicants indicating that the recommended actions tonight does present a beneficial opportunity for the City recycling aging, very marginal, non-performing property and allows for a productive residential development which will improve the neighborhood with all the appearances of a single family environment within a medium density context. There will be an improved landscaped frontage on Telegraph Road. James Weston, resident on Birchcrest, indicated that conditions of the building are getting worse every day, the front gate is broken, the back door is open on one wing, graffiti is everywhere and he is anxious for the immediate demolition. Ken Rathmun, resident on Stamps, indicated he is pleased that the homes will be individually owned and inquired regarding property maintenance responsibilities of the owners until construction. Vasquez (sp.?) asked what will be done for the privacy of the owners on the south side and it was responded that he could look at the plans at the Planning Department for more information. There being no further speakers, it was moved by Council Member Perkins, seconded by Council Member Bayer, and so ordered to close the Public Hearing at 9:25 p.m. RESOLUTION NO. 6677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE LAND USE ELEMENT OF THE DOWNEY GENERAL PLAN CHANGING THE LAND USE DESIGNATION FROM “OFFICE” TO “MEDIUM DENSITY RESIDENTIAL” FOR PROPERTY AT 8292 AND 8300 TELEGRAPH ROAD AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. (GENERAL PLAN AMENDMENT NO. 03-17) City Council Minutes 06/24/03 -7- ti 145 ::i City Clerk Midstokke read the title of the Resolution. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried (4/0) to waive further reading and adopt the Resolution. ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING FROM C2 (GENERAL COMMERCIAL) TO PB (PARKING BUFFER) TO R3-0 (MULTIPLE-FAMILY RESIDENTIAL-RESIDENTIAL) FOR PROPERTY AT 8300 TELEGRAPH ROAD. (ZONE CHANGE NO. 03-18) City Clerk Midstokke read the title of the Ordinance. It was moved by Council Member Perkins, seconded by Council Member Bayer, and unanimously carried (4/0) to waive further reading and introduce the Ordinance. Council Member McCarthy questioned whether the expanded study area west ofBirchbark containing the business is a part of this project and Ms. Srour responded that it is not a part of this development site but is a subject of the General Plan amendment. Council Member Perkins questioned whether the developers were also buying the property across the street to the west and the response was no. CONSENT CALENDAR - ITEMS FOR REMOVAL 11.AGREEMENT TO PURCHASE RIGHT-OF-WAY EASEMENT, CARTf ’S JR. RESTAURANT AT FIRESTONE BOULEVARD AND LAKEWOOD BOULEVARD, was removed by staff. 12.PROFTSSIONAL SERVICE CONTRACT WITH BIO CONSTRUCTS FOR EMPLOYEE TRAINING COURSE, was pulled at the request of Mayor Tmjo and is listed under Other Business below. CONSENT CALENDAR It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried (4/0) to waive further reading of the Resolutions and approve the remainder of the Consent Calendar items as recommended: 6. 7. COUNCIL MINUTES: SPECIAL MEETING JUNE 3, 2003: Approve. COUNCIL MINUTES: ADJOURNED REGULAR MEETING, JUNE 10, 2003: Approve, with a correction to the spelling of the name of the speaker on the Orange Line, which should be Al Perdon. 8.COUNCIL MINUTES: REGULAR MEETING, JUNE 10, 2003 : Approve. City Council Minutes 06/24/03 -8- Ul-4 SE 4 9.WARRANTS ISSUED: 186606 – 186971: WIRE NUMBERS 188, 30000588, 30000602- 608; $3,054,387.57: Approve. 10.2003 ANNUAL PROJECT UPDATE FOR THE EXPENDITURE OF PROPISITION A AND PROPOSITION C LOCAL RETURN FUNDS: Approve. 13.AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITy AND E, DEL SMITH AND ASSOCIATES, INC., FOR AN AMOUNT NOT TO EXCEED $30,000 FOR THE PERIOD OF JULY 1, 2003 TO JUNE 30, 2004: Approve. AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY AND EDINGTON, PEEL & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $45,000 FOR THE PERIOD OF JULY 1, 2003 TO JUNE 30, 2004: Approve. RESOLUTION NO. 6678 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTIG THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003-2004. RESOLUTION NO. 6679 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATIONS AND ESTABLISHING SALARY RANGES FOR DEPUTY DIRECTOR OF PUBLIC WORKS AND SENIOR FORENSIC SPECIALIST AND DESIGNATING THE DEPUTY DIRECTOR OF PUBLIC WORKS CLASSIFICATION AS MIDDLE MANAGEMENT. RESOLUTION NO. 6680 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 26885 (9045- 9051 MARGARET STREET), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A CASH DEPOSIT AS SURETY. RESOLUTION NO. 6681 (ADOPT) A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF DOWNEY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 12.PROFESSIONAL SERVICE CONTRACT WITH BIO CONSTRUCTS FOR EMPLOYEE TRAINING: Authorize the City Manager to execute a professional service contract with BioConstructs in an amount not to exceed $25,500. City Council Minutes 06/24/03 -9- Iq bZU;} A staff report was presented by Fire Chief Mark Sauter indicating that approximately one year ago an extensive review and evaluation of on the job injuries was begun. As a result, a training program was carried out last July. Although injuries are down, there were still 10 last year and this request is for further intensive training which includes a recommended regimen. Mayor Trejo indicated that he had pulled this item from the Consent Calendar to comment on how valuable this type of training is noting that he receives similar training as part of his duties as a hospital pharmacist. Council Member McCarthy requested that expanded training be reviewed for the Police and Public Works Departments. It was moved by Mayor Trejo, seconded by Council Member McCarthy, and unanimously carried (4/0) to approve. OTHER BUSINESS – Council Member Items 19.OPPOSITION TO ASSEMBLY BILL 1690 (ASSEMBLY MEMBER MARK LENO) TO GRANT CITIES THE AUTHORITY TO TAX RESIDENTS’ PERSONAL INCOME – COUNCIL MEMBER MC CARTHY. Council Member McCarthy stated that as an elected representative of the citizens of Downey, he views this proposed legislation as a further intrusion of government and a further taking of individual assets. He believes this bill has already passed the Assembly and requested that the City adopt the proposed Resolution and take a position of opposition to this bill. RESOLUTION NO. 6682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN OPPOSITION TO ASSEMBLY BILL 1690 (ASSEMBLY MEMBER MARK LENO) TO GRANT CITIES THE AUTHORITY TO TAX RESIDENTS’ PERSONAL INCOME. City Clerk Midstokke read the title of the Resolution. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried (4/0) to waive further reading and adopt the Resolution. Council Member McCarthy requested that we send this information to our local elected officials tomorrow due to the pending Senate vote. 20.REQUEST BY STELLA MACHADO FOR STREET CLOSURE ON RUTGERS AVENUE BETWEEN FOSTER ROAD AND ANGELL STREET ON JUNE 28 FOR A 4TH OF JULY NEIGHBORHOOD GATHERING/BARBECUE – COUNCIL MEMBER MC CARTHY. City Council Minutes 06/24/03 -10- , ,a, 2.4 +z (; Council Member McCarthy explained that the subject family has a large property where they have an annual 4th of July party with many neighbors and they had inquired regarding the possibility of closing Rutgers Avenue. They obtained signatures from some of the residents along Rutgers. He then requested a staff report from the City Manager. Assistant City Manager Powell gave a staff report indicating that he had spoken with the applicant via the telephone last week and mentioned that more of the people on Rutgers would have to sign the petition. Approximately 8 of the 28 people signed the original petition. He also mentioned that insurance would be needed and he had not heard back from Ms. Machado. Martin Susner, resident of Rutgers Avenue, indicated that he had not been contacted to sign the petition and that the resident requesting the street closure actually lives on Ardis Avenue. He counted 25 residents living on Rutgers and only 7 of those are on the petition and urged the Council to deny the permit. Council Member McCarthy withdrew his request and tabled this item and also requested that our standard operating procedures be updated before another request is made so that everyone is aware of the procedure. OTHER BUSINESS - Council Members Comments Council Member Bayer thanked Mr. Susner for his comments on the street closure for Rutgers Avenue. Council Member Perkins announced that he had many important events in the last 2 weeks including attending a College graduation, High School graduation, the birth of a granddaughter 2 nights ago and attending an Eagle Scout induction, and is grateful for the freedoms we enjoy in this country Council Member McCarthy referred to agenda Item # 11, the acquisition of an easement from Carl’s Jr. Restaurant which was pulled by staff and suggested that staff discuss the installation of a drive-thru as part of their negotiations. Council Member McCarthy thanked Mr. Susner for his comments on the street closure and announced that he had attended a June 14 Flag Day ceremony at Stonewood Shopping Center. Mayor Trejo sends the City’s concerns to the City of Commerce regarding the recent train derailment and requested staff to report back on whether this has any effect on the City of Downey rail operations. Mayor Trejo announced that he had attended the Warren High School graduation ceremonies where parking was a huge concern and requested that staff work with the School District on the District’s plans for moving the parking lot to Paramount Blvd. and the impacts that will have. Mayor Trejo enjoyed attending the groundbreaking for the Rio Hondo Golf Course Clubhouse which when completed will be a jewel to the City of Downey. City Council Minutes 06/24/03 -11- . 0145: / Mayor Trejo announced plans for the City and Keep Downey Beautiful to provide clean up of the parks on July 5, which get greatly impacted on the 4th of July and thanked them for making those arrangements. OTHER BUSINESS - Staff Member Comments City Manager Caton introduced the new Assistant to the City Manager, James Makshanoff. City Clerk Midstokke introduced the new Executive Secretary, Susan Domen. Mayor Trejo announced that the City Council was recessing to Closed Session to complete discussion of Closed Session items previously announced. The meeting recessed at 9:59 p.m. and reconvened at 10:34 p.m., noting the absence of Mayor Pro Tempore Cartozian. ADJOURNMENT: 10:35 p.m. The meeting was adjourned to 6:30 p.m., July 8, 2003, in the Council Chamber of Downey City Hall. Kathleen L. Midstokke, City Clerk Rick Trejo, Mayor City Council Minutes 06/24/03 i :h o t ! q; 014528 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JULY 8, 2003 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:33 p.m., July 8, 2003, in the Council Chamber of the Downey City Hall, Mayor/Chairman Rick Trejo presiding. PRESENT:Council Members/Commissioners: Rick Trejo Kirk O. Cartozian Mayor/Chairman Mayor Pro Tempore/Vice-Chairman absent – (excused) Anne M. Bayer Keith McCarthy Meredith H. Perkins ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Kathleen L. Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager James Makshanoff, Assistant to City Manager Desi Alvarez, Director of Public Works Bonnie Kehoe, Director of Community Services APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner Perkins, seconded by Council Member/ Commissioner Bayer, and unanimously carried (4/0) to approve the Closed Session Minutes of June 24, 2003. RECESS TO CLOSED SESSION Mayor/Chairman Trejo announced the Council/Commission is recessing to Closed Session (6:34 p.m.) to discuss matters under the authority of the following sections of the Government Code: 2.SECTION 54956.9(a) – Conference with legal counsel – existing litigation Arcadia, et al. vs. United States Environmental Protection Agency, et al., Federal District Court, Case #C-02-5244-SBA. 3.SECTION 54956.9(c) – Conference with legal counsel – anticipated litigation (initiation of litigation) (two potential cases). City Council/Community Dev. Comm. Minutes (adj .) 07/08/03 -1- 01452 SJ The meeting reconvened in open session at 7:28 p.m., noting the absence of Mayor Pro Tempore Cartozian. In regards to Item # 2, Arcadia, et al. vs. United States Environmental Protection Agency, et d., a Federal District Court case, the City Attorney announced that a motion was made by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried (4/0) to approve the City joining in an appeal with other cities and authorizing an expenditure of not to exceed $2,500. The meeting recessed at 7:29 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:08 p.m., noting the absence of Mayor Pro Tempore Cartozian/Vice-Chairman Cartozian (see Oral Communications in the Regular City Council Meeting Minutes) and adjourned at 8:37 p.m. ADJOURNMENT: 8:37 p.m. @/@MW%ddia/a Kathleen L. Midstokke, City Clerk/Secretary Rick Trejoi 'hairman City Council/Community Dev. Comm. Minutes (adj .) 07/08/03 -2-