HomeMy WebLinkAboutMinutes - 08-10-99 - Regular Meeting - - -
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 10, 1999
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Ord. re Zone Change #99-28 for property at 7602 Stewart
& Gray Rd. Introduced 3
Removal of Items from Consent Calendar 3
Council Minutes: Reg. Mtg. 7/27/99 & Spec. Called Mtg.
8/4/99 Approved 4
Cash Contract S.S. 492, pavement rehabilitation on
Washburn Rd./Regentview Av./Downey-Norwalk Rd.:
Approve plans & specs & auth. to advertise for bids Approved 4
Cash Contract #610 — City Hall carpeting: Approve bid
specs. & grant auth. to advertise for bids Approved
Cash Contract #615A — Community Center & 'lousing
Office improvements: Award contract to L. A. Builders, Inc. Approved 4
Warrants Issued: 275 — 758, $995,645.42 Approved
Consider adopt. a Res. self-certifying the City's conformance
with the Metropolitan Transportation Authority's Congestion Set hrg. 7:30 p.m.
Management Program. 8/24/99 4
Award a contract to Kabbara Eng. to prepare plans &
specs. for installation of a water transmission main along
Lakewood Bl. from the 1-5 Freeway to Rosecrans Av. Approved
Contract for consultant services with Cuong Nguyen for
the Housing & Planning Divisions Approved 4
Revised Cooperative Agreement w/State Department of
Transportation (Caltrans) to study recovering groundwater
along the 1-105 Freeway Approved
Res. #6290, authorizing the Council to appoint specific
reps. to the Independent Cities Risk Management Authority Adopted 5
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COUNCIL MINUTES, AUGUST 10, 1999
TABLE OF MINUTE ACTIONS (CONTINUED)
S UBJECT ACTION PAGE NO.
Frank Garcia re opportunity to submit bid to publish the
Communicator 5
Audrae Casillas suggested improvements for the Downtown
area 5
John Lacey thanked the Council for approving a service
contract w /the Chamber of Commerce at 7/27/99 meeting 5
Lennie Whittington re fallen tree on Manatee St. & response
by the Police and Public Works Depts. 5
David Bowers commended the overlay zone discussed during
the study session on improvements for Downtown 5
Ord. amending the DMC re Misc. Parking Regulations Introduced 6
Res. #6291 authorizing execution of an agreement w /the
County of L. A. to provide National Pollutant Discharge
Elirnination System educational site visit program Adopted 7
Cn. Perkins mentioned attending an event "Be A Superstar"
for Phil Presicci 7
Cn. Perkins commended two Downey Fire Paramedics for
recognizing a possible stroke victim and rushing the patient
to St. Francis Medical Center for treatment 7
Cn. McCaughan stated he is awaiting the first meeting of
the Downey Hospital Commission & mentioned topic for
discussion is neurosurgical coverage at Downey Community
I :lospital 8
Cn. McCaughan re newspaper article regarding the salaries
of Council Members in surrounding cities & asked for survey 8
Cn. McCaughan re term limits for Council Members Ref. to City Attorney 8
Cn. Winningham mentioned Phil Presicci was honored for
his input in the formation of Gangs Out Of Downey (GOOD) 8
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COUNCIL MINUTES, AUGUST 10, 1999
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Winningham re earlier comments regarding a fallen tree
& complimented Public Works for handling an overgrown
tree at a City school that was becoming a safety issue 8
Cn. Winningham asked that a report he received re maint.
services be placed on the Agenda for discussion Ref. to staff 8
Cn. Lawrence ref. to reimbursement expenses received by
Council Members & noted the City Council is a volunteer job 8
Cn. Lawrence ref to the current situation with the
Water Replenishment District and their request for numerous
documents from the City 8
Mayor. McCarthy expressed the City's appreciation of
Congressman Steven Horn's efforts on behalf of the City 8
Mayor McCarthy noted he was impressed with the quick
response by Public Works to graff removal 8
Mayor McCarthy mentioned that St. Raymond's Catholic
Church will open their Monsignor Robert Gipson Center
on 8/28/99 8
Mayor McCarthy re importance of learning CPR & the
Heimlich maneuver & encouraged everyone to learn 9
Mr. Caton complimented two firefighters who assisted a
recent drowning victim at Wilderness Park 9
Mr. Caton ref. to the efforts of Congressman Horn re the
flood relief (LACDA) project in the City 9
Adj . in memory of George Birch, father of Personnel
Director Chris Birch 9
Meeting adjourned to 6:30 p.m., August 24, 1999 9
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 10, 1999
The City Council of the City of Downey held a regular meeting at 7:36 p.m., August 10,
1999, . in the Council Chamber of the Downey City Hall, Mayor Keith McCarthy presiding.
PRESENT: Council Members:
Keith McCarthy Mayor
Joyce L. Lawrence Mayor Pro Tem
Robert C. Winningham
Meredith H. Perkins
Gary P. McCaughan, M.D.
ALSO PRESENT: Gerald M. Caton, City Manager
Brad Wohlenberg, Assistant City Attorney
Joyce E. Doyle, Deputy City Clerk
Desi Alvarez Director of Public Works
Greg Caldwell, Police Chief.
Darrell George, Director of Community /Economic Development
Ron Irwin, Fire Chief
James Jarrett, Director of Community Services
Lowell Williams, Director of Finance
Charles Baptista, Police Lieutenant
John Finch, Police Captain
Christina Garcia, Special Projects Coordinator
Linda Ilaines, Building Official
Mary Martineau, Senior Planner
Jason Mikaelian, Assistant Planner
Allen Riggs, Principal Engineer
Steven Yee, Economic Development Coordinator
Ed Velasco, Manager of Housing
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS: None
HEARINGS
Mayor McCarthy opened the public hearing on ZONE CHANGE NO. 99-28 FOR
PROPERTY LOCATED AT 7602 STEWART & GRAY ROAD TO REZONE PROPERTY
FROM R -1 ( SINGLE - FAMILY RESIDENTIAL) TO R -3 -0 (MULTI- FAMILY
RESIDENTIAL - OWNERSHIP), (Applicant, Ray Levert) which was continued from the Council
Meeting of July 27, 1999.
Council Minutes 8/10/99 -1-
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Mr. Yoshiki reported that the applicant, Mr. Ray Levert, requested a zone change on the
subject property from R -1 (Single Family Residential) to R -3 (Multi - Family Residential), which is
consistent with the City's General Plan designation of medium density residential. The Planning
Commission at its meetings on June 2 and June 16, 1999, recommended that the property be rezoned
to R -3 -0 (Multi - Family Residential - Ownership). He narrated slides of the subject property,
surrounding properties, and current zoning configurations. He noted the General Plan has shown this
area as multiple - family and the R -3 -0 classification limits the property to an ownership type
development. The Commission felt this could lessen the concerns of surrounding property owners.
lie responded to comments from the Council.
There was no correspondence received on this matter.
Mayor McCarthy asked if the applicant wished to present his case.
Ray Levert, 9009 Suva Street, discussed his desire to build a maximum of eight townhomes
on this property, which is within the harmony, goal, and policy of the City's General Plan and would
enhance the area He referred to other new developments in this vicinity and advised that his project
would not take awa y privacy the rivac or depreciate the value of the properties of residents on Nada Street.
Mayor McCarthy asked if anyone wished to speak in opposition to the project.
Ismael Vargas, 7601 Nada Street, noted his property is directly behind this project and
preferred to see single- family homes built in this area.
Chuck Boyles, 7619 Nada Street, expressed concern that he will lose his privacy and felt this
project will reduce his property value.
Moustafa Elsherif, 7613 Nada Street, submitted documents to the Council and stated he also
represents the property owners at 7551 and 7555 Nada Street, who are opposed to the R -3 and R -3 -0
zoning. He felt that south Downey is going down hill because of the General Plan and noted Nada
Street is one of the few streets left in this area with higher property values. He suggested the General
Plan be amended, stating this type of construction will destroy his privacy. He asked that
consideration be given to property values and said he did not want the City to become similar to its
surrounding cities. He urged the Council to deny the change to R -3 -0 zoning and keep this property
as R -1.
Mayor McCarthy asked is the applicant wished to speak in rebuttal.
Mr. Levert responded to comments regarding property values and privacy, stating the current
Code allows construction within 4 feet of the property line and up to 30 feet in height, noting the
points raised are unrealistic. He advised that his plan will have a 35 foot setback from the rear yard,
with no windows facing the back of the property, and it will beautify the neighborhood. He asked the
Council to concern to consider what is best for the City.
Mr. Elsherif stated they are not fighting property value and personality and felt the building
staff missed the important point. The property is fine looking at it from Stewart & Gray Road but
from Nada Street it takes away privacy and value.
Council Minutes 8/10/99 -2-
12243
There being no one else to speak, it was moved by Council Member McCaughan, seconded b y
.
Council Member Winningham, and so ordered to close the hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE COMPREHENSIVE ZONING MAP CHANGING THE
ZONE ON PROPERTY LOCATED AT 7602 STEWART & GRAY ROAD
FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -3 -O ( MULTI- FAMILY
RESIDENTIAL - OWNERSHIP) (ASSESSOR PARCEL NO. 6246-013-031) �--,
The Ordinance was read by title only. It was moved by Council Member Winningham,
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seconded by Council Member Lawrence, and unanimously carried to waive further reading and
introduce.
Prior to the vote, Council Member Winningham noted the : p ro ert is zoned to allow 13
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apartments and asked if zoning for apartments is different than for condominiums. He was informed
the zoning is the same. He then asked Mr. Levert for an explanation of the layout of the project,
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which was provided.
Council Member Lawrence referred to a project in this vicinity mentioned earlier, which
consists of six individual homes and asked if this type of project would work on this lot. Mr. Levert
replied he researched this possibility but the lot was found to be not wide enough.
Council Member Perkins mentioned he experienced a similar situation in his neighborhood
and referred to the few alternatives for construction on a lot of this size, statin g he felt the R -3 -0
zoning recommended by the Planning Commission is the best compromise and was in favor of the
project.
Council Member McCaughan noted this property is on Stewart and Gray Road, which is
zoned for multi - family units and felt the R -3 -0 zoning was the best choice. He also felt Mr. Levert
has attempted to appease the neighbors by the way the project is laid out and was in favor of the zone
change.
Mayor McCarthy referred to the setback on the eastern portion of the property and was
advised that it meets code requirements. He noted the worst case scenario is being avoided and was
in favor of the project.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Item VI - - AGREEMENT WITH LOS ANGELES COUNTY TO PROVIDE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
EDUCATIONAL SITE VISITS, was removed at the request of Council Member Lawrence.
Council Minutes 8/10/99 -3-
12244
CONSENT CALENDAR
Council Member Winningham noted he would abstain from voting on the Minutes of July 27,
1999, as he was absent from the meeting.
It was moved by Council Member Winningham, seconded by Council Member Lawrence, and
unanimously carried, with the abstention on the Minutes, to waive further reading of the
Resolutions and approve the remainder of the Consent Calendar as recommended:
COUNCIL MINUTES: REGULAR MEETING OF JULY 27, 1999 AND SPECIAL
CALLED MEETING OF AUGUST 4, 1999: Approve.
CASH CONTRACT NO. S.S. 492 - WASHBURN ROADIREGENTVIEW AVENUE/ -
DOWNEY - NORWALK ROAD PAVEMENT REHABILITATION (ACCOUNT NO.
26- 16492): Approve plans and specifications and grant authority to advertise for bids:
Approve.
CASH CONTRACT NO 610 CITY HALL CARPETING (FIRST AND SECOND
FLOORS) (ACCOUNT NO. 65-3121): Approve the bid specifications and grant authority
to advertise for bids: Approve.
CASH CONTRACT NO. 615A -- COMMUNITY CENTER AND HOUSING OFFICE
IMPROVEMENTS: Award a contract totaling $37,900 to L. A. Builders, Inc.: Approve.
WARRANTS ISSUED: NO. 275 -- 758, $995,645.42: Approve.
CONSIDER ADOPTING A RESOLUTION SELF- CERTIFYING THE CITY'S
CONFORMANCE WITH THE METROPOLITAN TRANSPORTATION
AUTHORITY'S CONGESTION MANAGEMENT PROGRAM (CMP): Set the hearing
for 7:30 p.m., August 24, 1999, in the Council. Chamber of Downey City Hall: Approve.
AWARD A CONTRACT TO KABBARA ENGINEERING TO PREPARE PLANS
AND SPECIFICATIONS FOR THE INSTALLATION OF A WATER
TRANSMISSION MAIN ALONG LAKEWOOD BOULEVARD FROM THE 1 -5
FREEWAY TO ROSECRANS AVENUE: Approve.
CONTRACT FOR CONSULTANT SERVICES WITH CUONG NGUYEN: Approve a
1 -year Consultant Agreement with Mr. Nguyen for consulting services to the Housing and
Planning Divisions: Approve.
REVISED COOPERATIVE AGREEMENT WITH STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) TO STUDY RECOVERING
GROUNDWATER ALONG THE I -105 FOR BENEFICIAL USE (DISTRICT
AGREEMENT NO. 07-4470): Approve.
Council Minutes 8/10/99 -4-
1 2245
RESOLUTION NO. 6290 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING IT TO APPOINT SPECIFIC REPRESENTATIVES TO THE
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
ORAL COMMUNICATIONS
Frank Garcia, 7628 Coolgrove Drive, mentioned he specializes in publications and requested
the opportunity to provide a competitive quote for publishing the City's Communicator. He was
advised the City has a formal bid process and he should follow that format.
Audrae Casillas, 9135 Buhman Avenue, a student at Downey High School, felt that other
cities have a commitment in maintaining their Downtown areas to attract community members and
thought Downey had the potential to strengthen its Downtown area to create a place that invites its
community members to interact with each other, support business endeavors, and to celebrate a wide
array of talents, She. suggested steps to improve the Downtown 4iea, such as im rovin store fronts,
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encouraging local entrepreneurs to create businesses the community desires; and creating a place for
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the City's youth to enjoy.
Council Member Lawrence asked that Ms. Casillas be given a copy of the study session report
discussed earlier regarding improvements for the Downtown area.
John Lacey, 11602 Gurley Avenue, President of the Downey Chamber of Commerce,
thanked the Council on behalf of the Chamber's 575 members for approving a service contract with
the Chamber at the July 27, 1999, Council Meeting. He stated the Chamber looks forward to working
with the Council on items of mutual interest.
Lennie Whittington, 8542 Manatee Street, mentioned an incident where a tree blew over
from Downey Community Hospital into Manatee Street on a Sunday morning and he
complimented the Police and Public Works Departments for responding to the situation in a timely r ...,
manner.
David Bowers, 10620 Dolan Avenue, referred to the report on the Downtown
Improvement Strategy and commended the direction of the overlay zone with fewer restrictions on
business owners in this area. He felt this approach would encourage more people to invest.
ORDINANCES
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE III, CHAPTER 1, SECTION 3185 OF THE DOWNEY
MUNICIPAL CODE PERTAINING TO MISCELLANEOUS PARKING
REGULATIONS
Council Minutes 8/10/99 -5-
12246
Police Captain John Finch mentioned that the Council at its April 13, 1999, meeting
reviewed the commercial parking regulations from twelve cities and provided the Police
Department with specific direction on how they wished to see the local Ordinance amended.
This information was reviewed by members of the Police Traffic Bureau who also met with
Planning and Engineering Division personnel. Drafts were modified by the City Attorney's
office to assure that the amendments were lawful and not in conflict with other existing Codes.
The proposed amendments to the Ordinance include the following five changes: Weight limits
were set at the manufacturer's unladen weight of 6,000 pounds or a width or height of 84 inches;
an exception was added to exempt pickup trucks and crew cabs not used for commercial
purposes; instead of listing areas where these vehicles cannot be parked, the proposed Ordinance
includes the one area where they may be parked; the breakdown or disabled vehicle time window
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was decreased to eight hours; and the language was simplified dealing with hotel and motel
parking where a conditional use permit (CUP) has been secured. He noted there were other
minor language changes involved and advised that he, Chief Caldwell and Lieutenant Baptista
are available for questions.
Council Member Lawrence suggested citizens with recreational vehicles (RV's) be reassured
this does not include them.
Council Member Winningham asked if the Ordinance only pertains to street parking or
includes parking on private property also and was informed it includes both public and private
property within the City.
Carl Shosha( ?), 7832 Arnett Street, Downey resident for 62 years, expressed his concern with
oversized commercial vehicles parking on residential streets. He felt these vehicles should not be
parked in residential areas and take away from the beauty of the City.
Lennie Whittington, 8542 Manatee Street, spoke in favor of the Ordinance and felt it assists
the Police Department in monitoring this situation.
The Ordinance was read by title only. It was moved by Council Member Winningham,
seconded by Council Member McCaughan, and unanimously carried to waive further reading and
introduce.
Prior to the vote, Council Member Lawrence asked how people would be notified of these
changes and was informed that during the 30 period day period before the Ordinance goes into effect,
the Police Department could go into a "warning mode."
RESOLUTIONS: None
ADMINISTRATIVE REPORTS: None
Council Minutes 8/10/99 -6-
12 2 4 7
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
AGREEMENT WITH LOS ANGELES COUNTY TO PROVIDE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) EDUCATIONAL SITE
VISITS
When asked about the City's involvement with the educational site visits, Mr. Alvarez
explained the requirement of site visits is part of the NPDES storm water ermit, of which the City is
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a co- permittee. One of the requirements is that all restaurants and auto related businesses in the
community receive an educational site visit where they will be notified as to the best management
practices they should employ to reduce pollutants from their establishments that may enter the storm
drain system. He noted the County will provide the site visits as part of the overall ro ram with no
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cost to the City.
Council Member Lawrence suggested asking the Downey Chamber of Commerce to insert
brochures on this subject when mailing their newsletters.
Mr. Caton explained this process is leading toward other Federal regulations that will be
imposed in Los Angeles County and will include additional activities in the future. In this five -year
cycle a site visit will be required. When the permit is renewed, the environmental community is
requesting regular inspections to make sure businesses are conforming with the regulations and not
discharging pollutants into the storm drain system.
RESOLUTION NO. 6291
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY
OF LOS ANGELES TO PROVIDE AN INDUSTRIAL /COMMERCIAL
EDUCATIONAL SITE VISIT PROGRAM
The Resolution was read by title only. It was moved by Council Member Lawrence,
seconded by Council Member Perkins, and unanimously carried to waive further reading and
adopt.
OTHER BUSINESS - Council Members
Council Member Perkins mentioned attending an event titled "Be A Superstar" for Phil
Presicci.
Council Member Perkins donned a fireman's hat in honor of two Downey Fire Paramedics,
Jeff Simms and Scot Wilcox, who recognized a possible stroke victim and rushed the patient to St.
Francis Medical Center for treatment by a neurologist, which saved the victim's life. He referred to
the training paramedics receive through the City's Nurse Education and Quality Assurance ro rams,
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and complimented both of these gentlemen.
Council Minutes 8/10/99 -7-
12248
Council Member McCaughan mentioned he is awaiting the first meeting of the Downey City
Hospital Commission and felt the issue of neurosurgical coverage at Downey Community Hospital
is a topic for discussion by this group.
Council Member McCaughan referred to a recent newspaper article regarding the salaries
of Council Members in surrounding cities and requested staff conduct a survey of Council salaries
in surrounding cities.
Council Member McCaughan advised he is in favor of term limits for Council Members but
is opposed to the lifetime ban now imposed in Downey. He noted most cities do not have term limits,
stating he is in favor of fair term limits. He requested a report from the City Attorney as to how the
lifetime term bans could be adjusted similar to surrounding cities.
Council Member Winningham mentioned that Phil Presicci was honored by the Long Beach
Partnership Council in honor of his input in the formation of the Gangs Out Of Downey group
(GOOD).
Council Member Winningham referred to Mr. Whittington's earlier comments regarding
staff's assistance in the removal of a fallen tree and also complimented the Public Works
Department for their quick response to a situation at one of the City's schools where an overgrown
tree was becoming a safety issue.
Council Member Winningham mentioned a report he received today regarding
maintenance services and asked that this be placed on the Agenda for discussion.
Council Member Lawrence referred to the reimbursement expenses received by Council
Members and noted she also read the article referred to by Council Member McCaughan. She did
not agree with the amounts mentioned in other cities, stating Downey is a more conservative .City and
the City Council is a volunteer job.
Council Member Lawrence referred to the current situation with the Water Replenishthent
District (WRD), advising the WRD voted an increase hr lobbyists and public relations firms, which
amounts to a million dollars, to fight the cities challenging their spending habits on behalf of their
residents. She also commented on 12,774 pages of City documents the WRD has requested from the
City.
Mayor McCarthy expressed the City's appreciation of Congressman Steven Horn's efforts
in Washington on a number of issues, such as Federal funding for completion of the LACDA project
and historical preservation of the NASA site.
Mayor McCarthy referred to the report from Public Works, noting he was impressed with the
quick response time to graffiti removal, which has increased from the previous fiscal year.
Mayor McCarthy mentioned that St. Raymond's Catholic Church will be opening their
Monsignor Robert Gipson Center on Saturday, August 28, 1999, and encouraged everyone to attend.
Council Minutes 8/10/99 -8-
I 2 2 4 9
Mayor McCarthy discussed the importance of learning CPR and the Heimlich maneuver
and encouraged everyone to learn.
OTHER BUSINESS - Staff Members
Mr. Caton referred to a recent drowning incident at Wilderness Park where two firefighters
entered the lake to assist a person in distress. He asked Chief Irwin to compliment the firefighters
and referred to awards given to personnel who go beyond the call of duty.
Mr. Caton referred to the efforts of Congressman Horn and advised that the Senate has $38
million in their version of the budget for the L.ACDA J
ro'ect and $50 million in the House of
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Representatives. If the City can obtain the $50 million, the ro'ect will be completed with one more
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allocation of $7 million. The City has a lot of friends in Washington to thank.
ADJOURNMENT: 9:18 p.m.
The meeting was adjourned in memory of George Birch, father of Personnel Director
Chris Birch, to 6:30 p.m., August 24, 1999, in the Council Chamber of Downey City Cit ., Hall.
dr
Joyce E. Doyle, Deputy City Clerk I Keith McCarthy, Mayo
I :1t'C LERK\SCONTE \MINUTES \CCMNO8l 0
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