HomeMy WebLinkAboutMinutes - 05-25-04 - Regular Meeting074757
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
MAY 25, 2004
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:36 p.m., May 25, 2004, in the Council Chamber of the Downey City
Hall, Mayor/Chairman Kirk Cartozian presiding.
PRESENT:Council Members/Commissioners:
Kirk O. Cartozian
Keith McCarthy
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
Mayor/Chairman
Mayor Pro Tempore/Vice-Chairman
PRESENT:Cable TV Citizens Advisory Committee:
Tracy Riley, Chairman
Mike Monaco
Louis Ugliano
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 the City Manager
Darrell George, Director of Community & Economic Development
RECESS TO JOINT MEETING WITH THE CABLE TV CITIZENS ADVISORY
COMMITTEE
The meeting recessed at 6:36 p.m. to a Joint Meeting with the Cable TV Citizens Advisory
Committee for the following item:
REVIEW AND DISCUSS CABLE TV FRANCHISE AND THE COMMITTEE'S
ROLE PERTAINING TO CABLE TV ISSUES.
A staff report was presented by Assistant to the City Manager James Makshanoff which
included a Power Point presentation. He introduced the Cable TV Citizens Advisory Committee,
Chairman Tracy Riley from District 2, Louis Ugliano from District 4 and Mike Monaco from District
5. The Committee has been meeting again on a regular basis since last October. He also introduced
Del J. Heintz, Director, Government Affairs, Southern California Region, for Comcast, the (_'ity’s
cable TV franchisee providing service to approximately 12,700 cable customers in Downey.
City Council/Community Dev. Comm. Minutes (adj .) 05/25/04 -1-
, 014758
Mr. Makshanoff explained that three areas will be presented: 1) Local government and the
Cable Act; 2) Formal and informal renewal process; and 3) Needs assessment and performance
review. Local government in relationship to the Cable Act may issue franchises, renew franchises
and collect franchise fees, which are capped at 5% of gross revenues. The Act provides for the
inclusion of public, education and government channels. The Cable Act provides for either a formal
or an informal renewal process. The formal process generally begins with a renewal notice. Comcast
has provided the City with a renewal notice on January 28, 2004. They indicated their desire to renew
the franchise through the formal negotiation process. With the formal process, the City must do a
needs assessment and performance review of the cable operator and of the community to determine
the cable operators performance in relationship to providing the service through signal, customer
service, complaints resolution and programming. The needs assessment is to determine what the
community needs in present and future cable TV service.
After the needs assessment and performance review, either the City can request from Comcast
a proposal, or Comcast can on their own, provide a new franchise proposal. The City can only
establish requirements for facilities and equipment that are related to the operation of the system and
they can not make any requests as far as video programming or content. After the proposal is
received, the City has four months to preliminarily renew or deny the proposal. At that point, if the
City was to preliminarily deny the proposal from Comcast, they could then invoke their right to
administrative proceedings with the City. The City can only deny a franchise renewal based upon one
of four factors: 1) Has the operator substantially complied with material terms of the franchise?; 2)
Has the quality of service been reasonable in light of the community needs?; 3) Does the operator
have the financial, legal and technical ability to provide services?; and 4) is the proposal reasonable in
light of the community needs and interests?
Comcast has initiated the formal renewal process at this time, but the informal process may be
entered into if the City and Comcast so decide. The informal process can begin without a notice of
assessment or proposal and basically the parties just negotiate what they feel are the issues. A needs
assessment and performance review to determine service to the community is recommended.
Mayor Pro Tempore McCarthy questioned how a needs assessment was defined. Mr.
Makshanoff responded that a needs assessment should try to determine what the future needs of the
community might be. The ever changing technology needs to be examined and what the community
needs are
In response to Mayor Pro Tempore McCarthy, City Attorney Vose responded that the Downey
Municipal Code sets forth procedures to issue franchises and provisions contained therein, but to a
great extent, it is preempted by the Federal Cable Act. There are also some State law provisions
related to consumer protection that can be utilized.
Mr. Makshanoff explained that the City has until July 28 to determine how the needs
assessment process can begin and he will come back to the Council with a recommendation no later
than the meeting of July 27.
City Attorney Vose explained that this process can be summarized into three areas: 1) idea of
looking at the infrastructure that exists, the technology and the ability of the franchisee to provide
services; 2) public access; and 3) consumer relations. He further noted that the franchise is non-
exclusive and there is also competition from satellite providers.
City Council/Community Dev. Comm. Minutes (adj .) 05/25/04 -2-
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Council Member Perkins questioned Mr. Heintz as to the growth pattern over the last twelve
months. Mr. Heintz responded with data from the last quarter of 2003 to the first quarter of 2004,
indicating that cable network revenue increased 21 %; high speed Internet revenue increased 44%; and
telephone revenue increased 18%. A complete technical operations center is located in Bellflower
and call centers are located in Culver City and Hollywood with redundant backup to call centers in
Fresno and Sacramento in case of overflows. In 2003, in regards to call pick up times, an average of
87% of the calls are being answered by a live person within 30 seconds. There was less than 1 % busy
signal throughout the given time and the average hold time was under 30 seconds, which exceeded
the Federal standards.
Mr. Heintz indicated that Comcast pays franchise fees to the City at a rate of 5.75cY, which
includes advertising revenue. He indicated that this amount was just under $1 Million last year.
Committee Member Monaco referenced a Log kept by the City Manager’s office in regards to
complaints about Cable TV service. The first call should be to Comcast to try to rectify problems and
if not resolved, the citizens should call City Hall to record their complaint. He indicated that there
needs to be publication about this process. Mr. Heintz clarified that the Comcast bills every month
have the toll free number for service calls and on the bottom/middle area it says: “If not satisfied with
the customer service that has taken place, here is the City Hall information to call”.
Mayor Cartozian indicated that he is concerned about poor services recently in regards to
customer service, signaling, and phone logging of complaints that he has personally received and
probably many other customers have received.
Mayor Pro Tempore inquired about the possibility of senior discounts and Mr. Heintz
indicated that it certainly could be discussed during negotiations. In the 53 Comcast cities in
Southern California, senior citizens discounts exist in about 3. He stated that there are economic
discounts built into the current rate card.
Committee Member Monaco indicated that one can get hooked on cable. Stations are being
taken away and you are being forced to go to digital to keep the stations you are interested in. Digital
still has a lot of problems such as the tiling effect.
ORAI I COMMUNICATIONS
Oral Communications were held jointly with the Cable TV Citizens Advisory Committee.
The following persons addressed the City Council/Members of the Cable TV Citizens Advisory
Committee:
Chuck Anna, resident of Downey and Comcast customer, stated that he had originally had a
small box and traded it in and received a huge box that doesn’t fit anywhere. He also inquired as to
why customers can not just sign up for the channels they want (cafeteria plan) and not have to receive
a bunch of them that they never watch.
Chairman Riley expressed concern that advertising of the Committee meetings is not getting
out to the people of Downey. He encouraged to public to attend. Mayor Cartozian suggested that
press releases be prepared for the upcoming meeting dates.
City Council/Community Dev. Comm. Minutes (adj .) 05/25/04 -3-
014760
Mayor Pro Tempore McCarthy requested that since the City needs to respond and provide a
needs assessment and performance review, that staff be directed to bring back a few plans with more
specific recommendations on methodology including the consideration of focus groups.
ADJOURN JOINT MEETING WITH THE CABLE TV CITIZENS ADVISORY
COMMITTEE
The Joint Meeting with Cable TV Citizens Advisory Committee was adjourned at 7:27 p.m.
RECESS TO CLOSED SESSION
Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed
Session (7:27 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1. SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell
George, re: property commonly known as Parcels 1 and 6 of the Downey NASA site
generally bounded by Stewart & Gray Road, Imperial Highway and Lakewood Boulevard;
negotiating party: Eclipse Development; under negotiation; price and terms of payment.
RECONVENED
The meeting reconvened in open session at 7:42 p.m. with all Council Members/-
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:42 p.m.
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 9:24 p.m. with all Council
Members/Commissioners present (see Oral Communications under Regular City Council Meeting)
and recessed at 9:24 p.m.
The meeting reconvened at 9:51 p.m. with all Council Members/Commissioners present.
ADJOURNMENT: 9:52 p.m.
FmXi MIDSTOKKE, City Clerk/Secretary KRK O. CARTOZLAN [ayor/Chairman
City Council/Community Dev. Comm. Minutes (adj .) 05/25/04 -4-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 25, 2004
TABLE OF MINUTE ACTIONS
SUBJECT
Council Member Announcements
ACTION PAGE NO.
Presentations 2
2
4
6
6
7
7
7
Reso. #6764 Hrg. for Appeal on ZV #03-112 for 10921 Halcourt Ave.
Ord. #1162, 2001 CA Fire Code w/Amendments
Adopted
Adoped
Oral Communications
Consent Calendar Items Removed
Council Minutes: Adj . & Reg. Meetings 05/1 1/04
Cash Contract #S.S. 522 – Lakewood Blvd. Traffic Signal Comm Proj .
Warrants: # 195129 – 195494; Wire Nos. 216-218, 30000807-814;
$3, 163,495.08
Appropriate $271,366 Fed. Grant Funds, Emergency Equipment
Appropriate $3,000 for litigation w/LA County on NPDES Claim
Reso. #6765 Application for Pedestrian Funds for FY 2003-04
Ord. amending DMC re: Speed Limits Gallatin Rd.
Schedule Budget Study Session for FY 2004-05
Approved
Approved
Approved
Approved
Approved
Approved
Introduced
Set 6/4/04
5:00 p.m.
Approved
Continued
Adopted
7
7
7
7
8
Cash Contract #646 - Lakewood Blvd Water Improvements
Potential Sale of Prop A Transit Funds
Reso. #6766 Final Subdivision Map, Parcel Map # 26993
9807-9809-9811 Foster Rd. & 13244 Cabell Ave.
Council Member Requests for Future Agenda Items
Adjournment to 5:00 p.m., June 4, 2004
8
8
9
9
10
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014761
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 25, 2004
The City Council of the City of Downey held a Regular Meeting at 7:47 p.m., May 25, 2004,
in the Council Chamber of the Downey City Hall, Mayor Kirk Cartozian presiding.
PRESENT :Council Members:
Kirk O. Cartozian
Keith McCarthy
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
Mayor
Mayor Pro Tempore
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manager
James Makshanoff, Assistant to the 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, Director of Finance
Mark Sauter, Fire Chief
Ron Yoshiki, Asst. Director of Community Dev./City Planner
Linda Haines, Building Official
Susan Domen, Executive Secretary
COUNCIL MEMBER ANNOUNCEMENTS
Council Member Bayer thanked Housing Manager Ed Velasco and his staff for assisting Fay
Campbell in the Senior House Paint program utilizing Community Development Block Grant
(CDBG) funds.
Mayor Pro Tempore McCarthy mentioned that he and Council Member Perkins enjoyed
themselves cooking pancakes at the Annual Public Works Pancake Breakfast recently held at the City
Yard
Council Member Perkins announced that he had attended the ceremony at Downey High
School for graduates of the Regional Occupational Program.
Council Member Trejo announced that last Saturday he attended a clean up at Treasure Island
Park along with State Senator Betty Karnette and State Representative Alan Lowenthal.
City Council Minutes 05/25/04 -1-
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Mayor Cartozian thanked Housing Manager Velasco for assisting a young single mother in
locating a Head Start Program for her young child; recognized his appointee to the Planning
Commission, Roger Brossmer, in the audience tonight; thanked Council Member Perkins for
covering the Regional Occupational Program graduation on his behalf; request that the City write a
letter to the American Cancer Society/Relay for Life event apologizing for the sprinkler mishap;
announced that Sunday evening he returned from Mexico City and Havana where he attended a
program through the US(_' School of Business studying how companies operate there; announced the
following General Plan Committee Workshops, all at 7:00 p.m.: May 27 - Ward Elementary School,
June 3 - West Middle School, June 7 - Furman Park, June 15 - East Middle School and June 17 - City
Hall
PRESENTATIONS
Mayor Cartozian presented the Mayor’s Excellence Award to Cortney Eakin, Senior at
Calvary Chapel Christian School for her outstanding academic and extra curricular accomplishments.
Senator Betty Karnette was not present to receive a plaque in appreciation of her years of
service to the City, the plaque will be forwarded.
PUBLIC HEARINGS :
1.APPEAL, ZONE VARIANCE #03-112 FOR 10921 HALCOURT AVENUE
(PROPERTY OWNERS: ANTHONY AND SILVIA MAGDALENO; APPELLANT:
IRMA &IARQUEZ-CASTILLO) – REDUCE REAR YARD SETBACK ON
PROPERTY ZONED Rl-5,000 (SINGLE-FAMILY RESIDENTIAL)(CONTINUED
FROM 04/13/04).
Mayor Cartozian opened the Public Hearing at 8:02 p.m.
Assistant Director of Community and Economic Development/City Planner Yoshiki reviewed
the facts of the appeal with a power point presentation and outlined the adjustments made pursuant to
Council’s recommendation at the April 13, 2004 meeting. He added that he had two corrections to
the Resolution, the first one being on page 4, 1tem No. 1, the date should read April 28, 2004 instead
of February 3, 2004. The second change is on page 4, 1tem No. 5, adding the wording “windows will
be opaque in design“.
Mayor Pro Tempore McCarthy inquired if the second floor had been outback in size and was
informed that it was the first floor that was in question and it had been moved further back to meet
the ten foot setback requirement. He then clarified the standard setback is twenty feet but, can be
moved to ten feet.
Mayor Cartozian asked if this would be creating precedence for other special circumstance
lots and was told that it would not.
City Council Minutes 05/25/04 -2-
014763
Irma Castillo, appellant, thanked the Council for listening to her concerns and addressing
them. She is happy with the proposed modifications to the plan. Ms. Castillo referred to an article
recently published in the Downey Patriot about someone else having similar problems with the
Planning Department. She requested that the fees she paid for the appeal be returned.
Rafael Salas, project designer, stated that his clients had been very cooperative in making the
required changes throughout the process even though it was costing them more to do so and requested
that if the appellant fees were returned, than his clients variance fees should also be returned.
It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and so
ordered to close the Public Hearing, time being 8:10 p.m.
Council Member Perkins clarified that the fees would not be returned as they are used to pay
for the City’s cost to put on the hearings through staff time and notifications. He thanked Ms.
Castillo for mentioning the Downey Patriot article and noted her stating she was happy with the
outcome is the most important issue.
Council Member Bayer expressed that she was glad that the two parties could work out their
differences.
Mayor Pro Tempore McCarthy explained that he was uncomfortable with the granting of this
variance, however, he appreciates everyone’s work on making the revisions.
Mayor Cartozian briefly explained the distribution of costs related to appeals and the
reasoning for the fees and noted he was happy with the outcome.
RESOLUTION NO. 6764 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING
THE APPEAL AND APPROVING ZONE VARIANCE #03-112, A ZONE VARIANCE
REQUEST TO SECTION 9110 OF THE DOWNEY MUNICIPAL CODE TO REDUCE
THE REAR YARD SETBACK, ON PROPERTY LOCATED AT 10921 HALCOURT
AVENUE, ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL).
City Clerk Midstokke read the title of the Resolution. It was moved by Council Member
Perkins, seconded by Council Member Trejo and carried by the following vote to adopt the
Resolution denying the appeal and approving the Zone Variance with modified site plans, as
amended.
AYES :
NOES :
Bayer, Perkins, Trejo, Mayor Cartozian
McCarthy
It was moved by Council Member Perkins, seconded by Council Member Trejo and
unanimously carried to waive further reading.
City Council Minutes 05/25/04 -3-
. 014764
2.DOWNEY MUNICIPAL CODE AMENDMENTS RE: AMDOPTION OF 2001
CALIFORNIA FIRE CODE WITH AMENDMENTS AND ESTABLISHING A
PERMIT PROCESS FOR TEMPORARY FIRE/LIFE SAFETY SERVICES FOR
COMMERICAL ACTIVITIES (INTRODUCED 05/11/04).
Mayor Cartozian opened the Public Hearing at 8:15 p.m.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Bayer and so
ordered to receive and file the proof of publication.
A staff report was presented by Fire Chief Sauter, which included a Power Point presentation
outlining the major changes in the Fire Code. The Code was renumbered for better clarity and seven
sections were modified. Those sections being: Film Safety, Permits for Temporary Services, Fire
Alarm Systems, Commercial Fire Extinguishing Systems, Assembly Occupancy Fire Extinguishing
Systems, Residential Fire Sprinkler Systems and Campus Building Fire Protection.
ChiefSauter explained that the recommended change for fire sprinklers for commercial
buildings is from 10,000 square feet to a threshold of 3,600 square feet and for assembly buildings
from 5,000 square feet to zero. Assembly is defined as fifty or more persons. He further explained
that fire sprinklers for new residential (and 50% value of modifications and renovation to value of
structure) has been set at zero. Residential fire sprinklers are the best life-safety measure that can be
taken, they save lives, reduce injuries and reduce property losses.
Council Member Trejo requested clarification on the commercial fire flow being reduced
down to 3,600 square feet (from 10,000 square feet). Chief Sauter responded that the sprinkler code
is being brought down to match the capacity of our engines which, in turn, will reduce the insurance
costs of the building owners, risk to the community and the City overall.
Council Member Perkins asked if the contracts we have with the surrounding cities helps to
ease the burden on the Fourth of July; and was told that yes they are there to provide relief; however,
if they are busy with emergencies in their own cities, they might not be available. Council Member
Perkins stated that some of these changes are quite drastic and mentioned that he agreed with adding
the sprinklers in new residential construction, but felt it was restrictive on remodeling construction.
Dale Self, Downey resident/local builder, stated that he installs sprinkler systems in new
construction and it is not an inhibiting factor as it runs about $1.50 a square foot His only concern
would be the fire flow in residential areas, as sometimes this is not adequately up to par and would be
costly to add are hydrants. Chief Sauter replied that the City has a more than adequate water system
and this should not be an issue although it is always a possibility.
Susana Lopez, Downey resident, stated that the home in the presentation showing the
sprinkler system was her residence. In January, they had a fire and due to the sprinkler system being
installed she was able to be calm enough to get her children out of the house safely. The damage to
the home was minimal and she fully supports the proposed changes.
Raul Lopez, Downey resident/insurance broker, explained that the installation of sprinkler
systems will lower insurance costs. He feels that with the thousands of dollars being spent in our
neighborhoods to build these huge homes, a few more dollars to make them safe is smart.
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014765
Joe Keays, Downey resident/plumber, questioned whether or not back flow and annual testing
would be required on the residential fire sprinkler systems. Chief Sauter responded that back flow
would be required and residents would be encouraged to test their systems on an annual basis.
Mike Monaco, resident stated that he had two grandchildren perish in a house fire in New
York and had there been sprinklers they would be alive today.
It was moved by Council Member Perkins, seconded by Council Member Bayer and so
ordered to close the Public Hearing at 9:02 p.m.
Mayor Pro Tempore McCarthy thanked Chief Sauter, the Council Subcommittee and staff for
working on this update and bringing forth so many good issues. He requested clarification that senior
housing facilities currently do not require sprinkler systems by State mandate. Chief Sauter
confirmed, noting the State overrides any local Fire Codes on facilities such as senior housing,
hospitals and public schools and does not require them to have sprinkler systems installed. Currently
there is a bill going through the Assembly that would take care of those facilities if it passes. Mayor
Pro Tempore McCarthy echoed Council Member Perkins’ concern in regards to residential sprinklers
as he feels that the cost might be too prohibitive on remodeling projects. He then inquired if there
were any changes being made to the Fireworks section stating he feels that the October first lottery is
too far away from the actual date of selling and that the hours of sale should be 8 a.m. to 10 p.m. on
all four days. Chief Sauter responded that the Fireworks section was only included as a renumbering
lsslle
Council Member Perkins stated his concerns over the State excluding senior housing, schools
and hospitals in the sprinkler system requirements. He also expressed concern over Section 3323 on
remodeling construction requirements.
Council Member Trejo noted that he had served on the subcommittee and fully agreed with all
of the changes being suggested, saying you cannot put value on a life.
Mayor Cartozian stated that Chief Sauter had done an excellent job in his research for this
Code update and that the people investing in their properties would be interested in increasing their
value with the added safety of sprinkler systems.
Council Member Perkins noted that the City already has codes for sprinkler systems and that
these modifications just reduce the rules. His concerns are setting the remodeling qualification at
fifty percent of the homes value.
It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and
failed by the following vote to adopt the 2001 California Fire Code with amendments and removing
the fifty percent residential requirement on sprinkler systems and adjusting the hours of sale of
Fireworks from 8 a.m. to 10 p.m. on all four days.
AYES :
NOES :
McCarthy, Perkins
Bayer, Trejo, Mayor Cartozian
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014766
Prior to the vote, Council questioned if changing anything on Fireworks was allowable since
this wasn’t advertised. It was advised by City Attorney Vose that Fireworks could be addressed as it
is administrative in nature and not subjective; however the motion would have to be made to
reintroduce the Ordinance.
ORDINANCE NO. 1162 (ADOPT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING VARIOUS SECTIONS OF THE DOWNEY MUNICIPAL CODE,
ARTICLE III, CHAPTER 3 REGARDING ADOPTION OF THE 2001 FIRE CODE,
INCORPORATING THE UNIFORM FIRE CODE AND ARTICLE VI, CHAPTER 11
REGARDING TEMPORARY FIRE/LIFE SAFETY SERVICES FOR COMMERCIAL
ACTIVITIES WITHIN THE CITY.
It was moved by Council Member Trejo, seconded by Council Member Bayer and carried by
the following vote to adopt the Ordinance.
AYES :
NOES :
Bayer, Perkins, Trejo, Mayor Cartozian
McCarthy
ORAL COMMUNICATIONS – No one came forward to speak.
CONSENT CALENDAR – ITEMS FOR REMOVAL
5.CASH CONTRACT #646 – LAKEWOOD BOULEVARD WATER IMPROVEMENTS :
APPROVE PLANS AND SPECIFICATIONS AND GRANT AUTHORITY TO
ADVERTISE FOR BIDS: was pulled at the request of Council Member Perkins and is listed
under Other Business below.
8.POTENTIAL SALE OF PROPOSITION A TRANSIT FUNDS: was pulled at the request
of Council Member Perkins and is listed under Other Business below.
12.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO 26993 (9807-
9809-9811 FOSTER ROAD AND 13244 CABELL AVENUE) BY APPROVING AN
AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A CASH DEPOSIT AS
SURETY: was pulled at the request of Mayor Pro Tempore McCarthy and is listed under
Other Business below.
CONSENT CALENDAR
It was moved by Council Member Perkins, seconded by Council Member Trejo and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar items as recommended:
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014767
3.COUNCIL MINUTES: ADJOURNED REGULAR MEETING, MAY 11, 2004:
Approve.
4.
6.
COUNCIL MINUTES: REGULAR MEETING, MAY 11, 2004: Approve.
CASH CONTRACT #S.S. 522 – LAKEWOOD BOULEVARD TRAFFIC SIGNAL
COMMUNICATION PROJECT:
ae REJECT ALL BIDS AND GRANT AUTHORITY TO RE-ADVERTISE FOR
BIDS: Approve.
b.MEMORANDUM OF UNDERSTANDING WITH L.A. COUNTY
METROPOLITAN AUTHORITY (MTA): Approve.
Ce WIRELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD
CO.: Approve.
WARRANTS ISSUED: 195129 – 195494; WIRE NUMBERS 216-218, 30000807-814;
$3,163,495.08 : Approve.
APPROPRIATION REQUEST FOR FEDERAL GRANT FUNDS IN THE AMOUNT
OF $271,366 FOR FIRE EIVIERGENCY EQUIPMENT: Approve.
APPROPRIATION OF $3,000 TO JOIN LITIGATION WITH L.A. COUNTY RE:
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)
UNFUNDED MANDATES CLAIM: Approve.
RESOLUTION NO. 6765 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPLICATION FOR PEDESTRIAN FUNDS FOR FISCAL YEAR
2003-2004 AUTHORIZED UNDER TRANSPORTATION DEVELOPMENT ACT
ARTICLE II (S.B. 821).
ORDINANCES
13.SPEED LIMITS FOR GALLATIN ROAD, ENGINEERING AND TRAFFIC
SURVEYS.
Director of Public Works Alvarez presented a staff report stating that a speed survey had been
conducted along Gallatin Road and staff is recommending no changes in the speed limits at this time.
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014768
ORDINANCE NO. (1NTRODUCED)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING
TO SPEED LIMITS FOR GALLATIN ROAD.
City Clerk Midstokke read the title of the Ordinance. It was moved by Council Member
Perkins, seconded by Council Member Trejo and unanimously carried to waive further reading and
introduce.
ADMINISTRATIVE REPORTS
15. SCHEDULE STUDY SESSION TO REVIEW 2004-05 PROPOSED CITY BUDGET.
City Manager Caton explained that the Council must hold a Public Hearing to adopt the City
Budget for the Fiscal Year 2004-2005 no later than the June 22, 2004 meeting and usually held a
study session prior to that date.
After a brief discussion of availability among the Council, a meeting date of Friday, June 4,
2004, at 5:00 p.m. in the Council Chambers was selected with a tentative second date of Friday,
June 18th, 2004, at 5:00 p.m. if necessary.
OTHER BUSINESS – Consent Calendar – Items removed by Council Approval:
5.CASH CONTRACT #646 – LAKEWOOD BOULEVARD WATER IMPROVEMENTS :
APPROVE PLANS AND SPECIFICATIONS AND GRANT AUTHORITY TO
ADVERTISE FOR BIDS.
Council Member Perkins inquired if this cost is normally paid for by the City or by the
developer and was informed by Public Works Director Alvarez that this portion belongs to the City.
It was moved by Council Member Perkins, seconded by Council Member Trejo and
unanimously carried to approve plans and specifications and grant authority to advertise for
bids on Cash Contract #646 – Lakewood Boulevard Water Improvements.
8.POTENTIAL SALE OF PROPOSITION A TRANSIT FUNDS.
Assistant City Manager Powell responded to inquiries from Council as to what these monies
can be used for, explaining that we use it for the City’s Dial-A-Ride program, special excursion trips
and transit projects but that we receive more monies than we can use because it is restricted.
Currently we have excess of four million dollars and it is common to sell to other cities. The going
rate for these types of funds is between fifty and sixty cents on the dollar.
Mayor Pro Tempore McCarthy questioned if it could be used to purchase new buses and was
informed that we do use it for that purpose.
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014769
Council Member Trejo inquired if the funds could be used to help out the School District in
their transportation needs. Assistant City Manager Powell responded that he was not sure if that is an
allowable usage of funds.
It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and
carried unanimously to have staff bring back a report on other possible uses of the funds.
Prior to the vote, City Manager Caton responded to Council’s inquiries by explaining that
there is not a time urgency tied to this item. It was brought forward by staff to get approval to
research the possibility of selling the funds to help ease the budget crunch the City is facing. He
stated that they could accomplish both goals, look into selling the funds and see if there are other uses
the monies could be used for.
12.RESOLUTION NO. 6766 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO 26993 (9807-
9809-9811 FOSTER ROAD AND 13244 CABELL AVENUE) BY APPROVING AN
AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A CASH DEPOSIT AS
SURETY.
Mayor Pro Tempore McCarthy pointed out that there is an error in the map as it lists the
wrong school name. Where it shows Carpenter Elementary is actually Lewis Elementary.
City Clerk Midstokke read the title of the Resolution. It was moved by Mayor Pro Tempore
McCarthy, seconded by Council Member Perkins and unanimously carried to waive further reading
and adopt.
Prior to the vote, Council Member Perkins noted that he felt this project had poor planning
and in our over zealousness to get projects done, we need to think towards the future as to what the
visual and practical impacts will be.
OTHER BUSINESS – Council Member Requests for Future Agenda Items
Councilmember Bayer requested that removing parking on the north side of Firestone
Boulevard between Lakewood Boulevard and Brookshire Avenue be studied.
Mayor Pro Tempore McCarthy requested that staff work with him regarding taking a position
on some pending legislation.
Council Member Perkins announced that he had attended a play at West Middle School and
that Mrs. Knox does an outstanding job.
Council Member Trejo thanked Community Services Director Kehoe for arranging a tour of
the Warren High School sport facilities construction; and that he enjoyed visiting the movie studios
last Tuesday where they are filming two movies and development is moving along.
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Mayor Cartozian requested that a letter of apology be prepared and sent to American Cancer
Society/Relay for Life program regarding the sprinkler incident.
ADJOURNMENT: 9:52 p.m.
The meeting adjourned to 5:00 p.m., June 4, 2004 in the Council Chamber of Downey City
Hall
KATHLEEN L. MIDSTOKKE, City Clerk
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