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Home My WebLink AboutMinutes - 08-24-04 - Regular Meeting01483 t MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 24, 2004 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:34 p.m., August 24, 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 Tmjo Mayor/Chairman Mayor Pro Tempore/Vice-Chairman 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 CLOSED SESSION Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed Session (6:36 p.m.) to discuss matters under the authority of the following section of the Government Code 1. SECTION 54956.8 – Conference with real property negotiator James Makshanoff re: property at 9125 Arrington Avenue; negotiating party: Downey Savings; under negotiation: price and terms of payment. 2. SECTION 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with the Downey Public Safety Auxiliary Association. ITEM ADDED TO CLOSED SESSION AGENDA City Attorney Vose explained that it was being requested that the following item be added to the Closed Session agenda: City Council/Community Dev. Comm. Minutes (adj.) 08/24/04 -1- 014832 3. SECTION 54957.6 – Conference with labor negotiator Gerald Caton re: direction for labor negotiations with the Downey Executive Management Group, which includes the Department Heads . City Attorney Vose noted that the need for this item arose subsequent to the posting of the agenda and that the matter requires immediate attention. It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and unanimously carried to add the above item to the Closed Session agenda. RECONVENED The meeting reconvened in open session at 7:35 p.m. with all Council Members/- Commissioners present. There were no Closed Session actions to report The meeting recessed at 7:35 p.m. ORAI I COMMUNICATIONS The meeting reconvened for Oral Communications at 8:28 p.m., with all Council Members/Commissioners present (see Oral Communications under Regular City Council Meeting) and recessed at 8:32 p.m. The meeting reconvened at 9:00 p.m. with all Council Members/Commissioners present. ADJOURNMENT: 9:00 p.m. rNmESm e KIRK 0. CARTO,/ City Council/Community Dev. Comm. Minutes (adj.) 08/24/04 -2- 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 24, 2004 TABLE OF MINUTE ACTIONS SUBJECT Council Member Announcements ACTION PAGE NO. Presentations Reso. #6794 Self-Certifying City’s Conformance with LA County MTA’s 2004 Congestion Mgmt. Program City of Downey Draft Natural Hazard Mitigation Plan Consent Calendar Items Removed Council Minutes: Adj . & Reg. Meeting 08/10/04 Reso. #6795/CC #632 – Lakewood Blvd. Improvement Project, Phase IB, Union Pacific Railroad Agreements Warrants: # 197504 – 197875; Wire Nos. 230-232, 30000855-862 $2,984,404.38 CDBG Subrecipient Agreements Approved Contract w/Fair Housing Foundation of Long Beach Approved Reso. #6796 Application for Pedestrian Funds for FY 04-05, Authorized Adopted Under Transportation Development Act, Article III (S.B. 821) Reso. #6797 MOU w/Downey City Employee’s Association/Misc. Unit Adopted Ord. #1166 Amend DMC Sections 9104 & 9110 Small & Large Family Adopted Day Care Facilities Ord. Amend DMC Section 3186, Speed Limits for Studebaker Rd. 2 Adopted 2 Held Public Hrg.2 3 Approved Adopted 3 4 Approved 4 4 4 4 4 4 Introduced 5 Oral Communications Sole Source Lease-Purchase of Fire Ladder Truck, Pierce Fire Apparatus Approved Council Member Requests for Future Agenda Items 5 5 6 Staff Comments 6 Adjournment to 6:30 p.m., September 14, 2004 6 014333 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 24, 2004 The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., August 24, 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 Desi Alvarez, Director of Public Works John Finch, Chief of Police Darrell George, Director of Community & Economic Development Bonnie Kehoe, Director of Community Services Mark Sauter, Fire Chief Sung Hyun, Finance Manager Ron Yoshiki, Asst. Director of Community Dev./City Planner Ed Velasco, Housing Manager Brenda Emrick, Public Education Specialist Susan Domen, Executive Secretary COUNCIL MEMBER ANNOUNCEMENTS : Council Member Perkins invited everyone to the Grand Opening of the Rio Hondo Clubhouse on Saturday, August 28th at 11:00 a.m.; he also announced that there will be an art sculpture being donated by Marian Perumean and artist Arlene Cartozian titled “Rio Hondo Hole in One“; and thanked staff members Desi Alvarez, Bonnie Kehoe, and Lee Powell for their efforts on this project. Council Member Trejo thanked Council Member Perkins for taking a leadership role on the Rio Hondo Clubhouse subcommittee and thanked Mayor Cartozian for allowing him to be on the subcommittee. Mayor Cartozian recognized in the audience City Council candidates Gary DeRemer for District 5 and David Oann for District 1; announced that he had attended: the Downey Senior Citizens Luau at the Los Amigos Country Club, the City Affairs Committee of the Downey Chamber of Commerce, and the Downey Sister Cities Harbor Cruise. He also announced that Rancho Los Amigos Day Services group is holding a fundraiser on August 28th at South Gate Park, 9:00 a.m., selling designer label apparel. City Council Minutes 08/24/04 -1- 01483% PRESENTATIONS : Mayor Cartozian presented the Mayor’s Academic Excellence Award to Oluwabukola Adeyinka, 2004 Downey High School graduate. Mayor Cartozian presented a City tile to Maria Larkin in appreciation of her service as Chamber of Commerce President from 2003-2004. PUBLIC HEARINGS: 1. A RESOLUTION SELF-CERTIFYING CITY'S CONFORMANCE WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S 2004 CONGESTION MANAGEMENT PROGRAM. Mayor Canozian opened the Public Hearing at 8:02 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication. It was moved by Council Member Perkins, seconded by Council Member Trej o and so ordered to receive and file. Asst. Director of Community Dev./City Planner Yoshiki presented a staff report explaining that the City must do an annual review of the Congestion Management program self-certifying that we are in compliance with the program. This ensures the continuation of the Gas Tax funds to the City which is estimated to be $683,000 this year. As no one came forward to speak, it was moved by Council Member Trejo, seconded by Mayor Pro Tempore McCarthy and so ordered to close the Public Hearing at 8:08 p.m. City Clerk Midstokke read the title of the Resolution. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Trejo and unanimously carried to waive further reading and adopt the Resolution. RESOLUTION NO. 6794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. 2.CITY OF DOWNEY DRAFT NATURAL HAZARD MITIGATION PLAN. Mayor Cartozian opened the Public Hearing at 8:09 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and so ordered to receive and file. City Council Minutes 08/24/04 -2- or 4835 Battalion Chief Simmons recognized the work done by Public Education Specialist Emrick in putting this information together for the consultant and introduced Carolyn Harshman, President of Emergency Planning Consultants. Ms. Harshman stated that due to the Disaster Mitigation Act of 2000, cities are required to have pre-disaster plans developed for hazard mitigation purposes by November 2004, or loose “pre“ and “post“ disaster mitigation funding from the Federal Emergency Management Agency (FEMA). This plan includes: an assessment of the natural hazards threatening the community, a determination of the potential financial impact of these hazards, identification of mitigation measures to address the hazards, and an implementation plan to reduce the impact of the identified natural disasters. She went on to say that the draft of the plan is completed and per FEMA’s requirements must be submitted for public comment before the final is submitted to the State for approval. This has been done through City staff meetings; multi-jurisdictional meetings with the City of South Gate and the Downey Unified School District; a survey distributed to 193 citizens at two public events; and input from the Emergency Preparedness Committee. The plan has identified three natural disasters: earthquake, flood and windstorm. Mayor Pro Tempore McCarthy asked if drought was considered and was told that it had been; however, it did not meet all of the criteria to qualify. He suggested that due to the 500 year low of the Colorado River, it should be kept in mind; and, to add an index on where to find the maps. As no one came forward to speak, it was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and so ordered to close the Public Hearing at 8:19 p.m. As the final plan will be presented to Council for adoption at a later date, there was no further action taken on this item. CONSENT CALENDAR – ITEMS FOR REMOVAL 7.SOLE SOURCE LEASE-PURCHASE OF FIRE LADDER TRUCK FROM PIERCE FIRE APPARATUS (CONTINUED FROM 8/10/04): This item was removed at the request of Council Member Perkins and is listed under Other Business below. CONSENT CALENDAR It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar items as recommended: 3. 4. COUNCIL MINUTES: ADJOURNED REGULAR MEETING, AUGUST 10, 2004: Approve. COUNCIL MINUTES: REGULAR MEETING, AUGUST 10, 2004: Approve. City Council Minutes 08/24/04 -3- *'O 1 4 &3 S 5.CASH CONTRACT #632 – LAKEWOOD BOULEVARD IMPROVEMENT PROJECT, PHASE 1 B, UNION PACIFIC RAILROAD AGREEMENTS: RESOLUTION NO. 6795 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE MAYOR TO EXECUTE THE “EXISTING PUBLIC ROAD CROSSING IMPROVEMENT AGREEMENT” AND THE “PIPELINE CROSSING AGREEMENT” FOR WORK WITHIN RAILROAD RIGHT- OF-WAY, WARRANTS ISSUED: 197504 – 197875; WIRE NUMBERS 230-232, 30000855-862; $2,984,404.38: Approve. COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENTS WITH THE FOLLOWING: Approve. A. ARC OF SOUTHEAST L.A. COUNTY B. CHILDREN’S DENTAL HEALTH CLINIC C. DOWNEY UNIFIED SCHOOL DISTRICT D. RIO HONDO TEMPORARY HOME E. SOUTHERN CALIFORNIA REHABILITATION SERVICES, INC. F. SALVATION ARMY SOUTHEAST COMMUNITIES CORPORATION G. SU CASA FAMILY CRISIS AND SUPPORT CENTER CONTRACT WITH THE FAIR HOUSING FOUNDATION OF LONG BEACH: Approve. RESOLUTION NO. 6796 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR PEDESTRIAN FUNDS FOR FISCAL YEAR 2004-2005 AUTHORIZED UNDER TRANSPORTATION DEVELOPMENT ACT ARTICLE III (S.B. 821). RESOLUTION NO. 6797 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION/ MISCELLANEOUS UNIT. ORDINANCE NO. 1166 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9104 AND 9110 OF THE DOWNEY MUNICIPAL CODE AS IT RELATES TO SMALL FAMILY DAY CAR HOMES AND LARGE FAMILY DAY CARE HOMES IN RESIDENTIAL ZONES (CODE AMENDMENT NO. 04-40). City Council Minutes 08/24/04 -4- • 014837 ORDINANCES 13.SPEED LIMITS FOR STUDEBAKER ROAD AND CLARK AVENUE. Director of Public Works Alvarez presented a staff report explaining the requirements of doing surveys periodically for speed limits. As a result of the surveys conducted on Studebaker Road and Clark Avenue, staff is recommending that on Studebaker Road between Florence Avenue and Cecilia Street the current speed of 40 m.p.h. be maintained; and on Clark Avenue, between Lakewood Boulevard and Foster Road, decrease the speed limit from 35 m.p.h. to 30 m.p.h. City Clerk Midstokke read the title of the Ordinance. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and unanimously carried to waive further reading and introduce the Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS FOR STUDEBAKER ROAD AND CLARK AVENUE. ORAL COMMUNICATIONS Lennie Whittington, resident of Downey, referenced the news reports that Downey Regional Medical Center might close its emergency room; and commended an officer of the Police Department who was proactive in asking a neighbor to quiet down a large birthday party. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 7.SOLE SOURCE LEASE-PURCHASE OF FIRE LADDER TRUCK FROM PIERCE FIRE APPARATUS. Council Member Perkins inquired as to how the equipment replacement funds are used and held for equipment purchases. City Manager Caton requested a brief recess before responding. RECESS The meeting was recessed at 8:34 p.m. and reconvened at 8:40 p.m. with all Council Members present. Assistant City Manager Powell explained that funds are set aside every year for all equipment to cover the cost of maintenance and replacement. Depending on the cost of maintenance expenses on equipment, the reserves will increase or decrease for actual monies available for replacement. He explained that the Council can either choose to use a loan payment at this time, due to budget constraints, or pay the entire amount from the general fund. City Council Minutes 08/24/04 -5- 01 4838 It was moved by Council Member Perkins to table this item. The motion died due to a lack of a second. Mayor Pro Tempore McCarthy inquired if the funds are liquid or available to be used; and if they were transferable to another use such as paying a salary and Assistant City Manager Powell responded yes. Council Member Trejo asked how the last vehicles were purchased, whether by lease or full purchase and was told they were purchased by lease. It was moved by Council Member Trejo, seconded by Council Member Bayer and carried by the following vote to approve the sole source acquisition of a fire ladder truck from Pierce Fire Apparatus for a contract price of $831,258.25. AYES : NOES : Bayer, McCarthy, Trej o, Mayor Cartozian Perkins Prior to the vote, Council Member Perkins suggested that the truck purchase be held off for another year. OTHER BUSINESS – Council Member Requests for Future Agenda Items: Council Member Perkins referred to a letter by Robert Fuller, Vice-President of Downey Regional Medical Center, indicating that the emergency room will not be closing. Council Member Trejo requested staff to review traffic and parking issues at Davis Street and Brookshire Avenue. STAFF MEMEBER COMMENTS: City Manager Caton expressed that it was nice to see so much activity at the former NASA site: the Kaiser Facility, Steve Horn Way, the movie studios construction and activities at the future retail center. ADJOURNMENT: 9:00 p.m. The meeting adjourned to 6:30 p.m., September 14, 2004 in the Council Chamber of Downey City Hall. L. MInOtKA‘City Clerk KIRK 0. CARTa h City Council Minutes 08/24/04 -6-