MINUTES OF THE CITY COUNCIL by tyndale

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									                             MINUTES OF THE CITY COUNCIL
                                OF THE CITY OF DOWNEY
                                    AUGUST 14, 2001

        The City Council of the City of Downey held a regular meeting at 7:34 p.m., August 14, 2001,
in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding.

       PRESENT:              Council Members:

                             Robert C. Winningham          Mayor
                             Meredith H. Perkins           Mayor Pro Tem
                             Rick Trejo
                             Kirk O. Cartozian
                             Keith McCarthy

       ALSO PRESENT:         Gerald M. Caton, City Manager
                             Charles Vose, City Attorney
                             Kathleen Midstokke, City Clerk
                             Lee Powell, Assistant City Manager
                             Desi Alvarez, Director of Public Works
                             John Finch, Police Chief
                             Darrell George, Director of Community/Economic Development
                             James Jarrett, Director of Community Services
                             John Michicoff, Director of Finance
                             Mark Sauter, Fire Chief
                             Ron Yoshiki, Asst. Director of Community Dev./City Planner
                             Ed Velasco, Manager of Housing
                             Christina Vogel, Assistant to the City Manager
                             Shirley Conte, Executive Secretary

PRESENTATIONS

       Reverend Audie Derryberry, representing the Downey Chapter of the Christian Businessmen’s
Committee International, presented a Plaque to the Council in recognition of its previous unanimous
endorsement of the Boy Scouts of America. He also referred to a new organization, “The
Transformation Values Committee,” whose founder is Reverend Frank Campos.

HEARINGS

    Mayor Winningham opened the public hearing on ZONE CHANGE NO. 01-23 FOR
PROPERTY LOCATED AT 11221 PARAMOUNT BOULEVARD.

     Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council
Member Perkins, seconded by Council Member McCarthy, and so ordered to receive and file.

       Mayor Winningham advised the applicant has requested a continuance of the public hearing to
7:30 p.m., August 28, 2001.


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       Mayor Winningham asked if anyone present wished to speak regarding Zone Change
No. 01-23.

       There being no one to speak, it was moved by Council Member McCarthy, seconded by
Council Member Cartozian, and so ordered to continue the Public Hearing on Zone Change No.
01-23 to 7:30 p.m., August 28, 2001, in the Council Chamber of Downey City Hall.


     Mayor Winningham opened the Public Hearing on a PROPOSED DOWNEY MUNICIPAL
CODE AMENDMENT RELATING TO THE C-3 (CENTRAL BUSINESS DISTRICT) ZONE,
ADDING SELF-STORAGE FACILITIES AS ALLOWED USES, SUBJECT TO A
CONDITIONAL USE PERMIT.

     Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council
Member Perkins, seconded by Council Member McCarthy, and so ordered to receive and file.

       Mayor Winningham advised the applicant has requested a continuance of the public hearing to
7:30 p.m., August 28, 2001.

     Mayor Winningham asked if anyone present wished to speak regarding the proposed code
amendment.

       There being no one to speak, it was moved by Council Member McCarthy, seconded by
Council Member Perkins, and unanimously carried to continue the public hearing on a Proposed
Downey Municipal Code Amendment to add self-storage facilities as allowed uses, subject to a
conditional use permit in the C-3 (Central Business District) zone to 7:30 p.m., August 28, 2001,
in the Council Chamber of Downey City Hall.

CONSENT CALENDAR - ITEMS FOR REMOVAL

       Agenda Item VI-E-2, REIMBURSEMENT AGREEMENT WITH CN LYONS
DEVELOPMENT COMPANY FOR WATER LINE INSTALLATION, was removed at the
request of Mayor Winningham.

CONSENT CALENDAR

      It was moved by Council Member McCarthy, seconded by Council Member Perkins, and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar as recommended:

       COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JULY 24, 2001:
       Approve.

       WARRANTS ISSUED: NO. 168416 – 168991; WIRE NUMBERS 160-163, 30000169-
       176, $4,609,355.38: Approve.




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      RENEWAL OF CONTRACT TO PROVIDE FIRE DEPARTMENT CONTINUING
      EDUCATION AND QUALITY ASSURANCE/IMPROVEMENT PROGRAM: Renew
      the Agreement with Ms. Monica Bradley, R.N. to provide an in-house Continuing Education
      and Quality Assurance Program for all Downey Fire Department personnel. The cost of the
      one-year Agreement is $21,600: Approve.

      CONSIDER ADOPTING A RESOLUTION SELF-CERTIFYING THAT THE CITY IS
      IN CONFORMANCE WITH THE METROPOLITAN TRANSPORTATION
      AUTHORITY’S CONGESTION MANAGEMENT PROGRAM: Set the public hearing
      for 7:30 p.m., August 28, 2001, in the Council Chamber of Downey City Hall: Approve.

      COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT
      WITH THE RIO HONDO TEMPORARY HOME: Approve the Agreement between the
      City of Downey and the Rio Hondo Temporary Home which provides $13,000 in CDBG
      funds for ongoing operations of the homeless shelter, located at 12300 Fourth Street in the
      City of Norwalk: Approve.

      COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT
      AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT: Approve the
      Agreement with the Downey Unified School District providing $26,300 in CDBG funds for a
      counseling program targeting “at-risk” youth: Approve.

      REVISED AND RESTATED MEMORANDUM OF UNDERSTANDING (MOU) FOR
      THE EZRALOW COMPANY: Approve the revised and restated MOU with Ezralow for
      the development of new retail and business park projects, and the operation of a film location
      facility: Approve.

                                  RESOLUTION NO. 6504 (ADOPT)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
         DESIGNATING FOURTH STREET AT LA REINA AVENUE A FOUR-WAY
         STOP INTERSECTION

                                 RESOLUTION NO. 6505 (ADOPT)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
         APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PARK
         PLAYGROUND ACCESSIBILITY AND RECYCLING GRANT PROGRAM
         PROPOSITION 12 FUNDS (VILLARAIGOSA-KEELEY ACT)
         ACCESSIBILITY FOR THE MOBILITY – IMPAIRED




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                                  RESOLUTION NO. 6506 (ADOPT)

          A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
          APPROVING THE VACATION OF ALL EASEMENTS FORMERLY USED
          FOR WATER PIPELINE PURPOSES IN BLOCK 1 OF TRACT NO. 11979, IN
          THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF
          CALIFORNIA, PER MAP RECORDED IN BOOK 224, PAGE(S) 8 AND 9, IN
          THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY

                                  ORDINANCE NO. 1107 (ADOPT)

          AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
          AMENDING SECTION 6184 OF THE DOWNEY MUNICIPAL CODE
          (UTILITY USERS’ TAX)

ORDINANCES: None

RESOLUTIONS: None

ADMINISTRATIVE REPORTS

       NASA EDUCATION GRANT

        Ms. Vogel advised the grant application was submitted to NASA in June 2001 to secure funds
in the amount of $3,661,000 for the development of space science programs. The City received
official notification of the award on July 16th and staff requests the Council approves the
establishment of a new fund to begin appropriating these funds, which will be reimbursed to the City
quarterly over a two-year period. The City will expend funds on a quarterly basis and will submit
progress and transaction reports to receive reimbursement of these funds electronically.

        Council Member Cartozian asked what the City’s original request had been and was informed
$5 million but was notified $4 million would be awarded. Through the Federal recision process, cuts
were made prior to approval and the final award was $3.6 million. He asked how the reduction
would affect the learning center programs and was advised it should not significantly impact the
plans, as funds are specified for the development of education programs.

      Council Member McCarthy noted these funds were obtained through the assistance of
Congressman Steven Horn.

       It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and
unanimously carried to approve the establishment of a new fund for the recently awarded NASA
Education Grant and appropriate $3,661,000 to be reimbursed over a two-year period as the
education grant is implemented.




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       RENEWAL OF THE SERVICE AGREEMENT BETWEEN THE CITY OF DOWNEY
       AND THE CITY OF SANTA FE SPRINGS FOR LIBRARY AUTOMATION

        Mr. Jarrett explained the Downey City Library has provided contract services to the City of
Santa Fe Springs since 1979 for library automation services, with Downey maintaining the equipment
and providing staff to operate the system. He noted both cities have reviewed the agreement
extending the service for another three years and the agreement has been approved by the City
Council of Santa Fe Springs. There are no substantial changes from the present agreement and no
budget implications beyond what is provided in the budget. He reviewed the scope of services and
cost allocation formula, noting the combined resources allow Downey to provide a higher level of
service to both communities.

       Mayor Winningham noted there are also reciprocal privileges involved whereby Downey
residents may utilize the Santa Fe Springs Library.

       It was moved by Council Member Perkins, seconded by Council Member Trejo, and
unanimously carried to authorize the City Manager to execute the Service Agreement between
the City of Downey and the City of Santa Fe Springs for Library automation services.

       SET COMMUNITY AND SPECIAL MEETING DATES FOR DISCUSSION ON USE
       OF SAFE AND SANE FIREWORKS

       Mr. Caton noted the Council, at its last meeting, discussed holding two community meetings
and one Special Council Meeting to discuss the matter of safe and sane fireworks. Staff is
recommending the two public meetings be held on September 26th and October 11th and the Special
Council Meeting be held October 16th.

        Mayor Winningham advised the dates selected were nights other than the regular Council
Meetings on the second and fourth Tuesdays of the months, at the suggestion of Council Member
McCarthy. These would not be Council run meetings, as staff would give a presentation on fireworks
in the community and would take input from residents. The Council would be present to listen.

       After further discussion regarding notification of the meetings in local newspapers and on the
City’s Website, it was suggested holding one of the meetings at a site other than the Barbara Riley
Center. The time for the public meetings was set at 6:30 p.m.

       Council Member McCarthy requested there be appropriate recording or documentation of the
meetings to enable the Council to review comments.

       It was moved by Council Member Perkins, seconded by Council Member Trejo, and
unanimously carried to set the dates of September 26 and October 11, 2001, for two community
forums, with a special Council meeting on October 16, 2001, to discuss the future of Safe and
Sane fireworks in the City of Downey, with the flexibility of changing the locations.




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OTHER BUSINESS - Consent Calendar - Items removed by Council Approval

       REIMBURSEMENT AGREEMENT WITH CN LYONS DEVELOPMENT
       COMPANY FOR WATER LINE INSTALLATION

        Mayor Winningham advised the developer was required to install an upgraded size of
waterline, with additional costs involved, and inquired if it was standard practice for the developer to
pay the costs for upgrades and be reimbursed later. He was informed by Public Works Director
Alvarez that is standard practice. He also inquired whether the developer was in agreement or
objection to the additional cost and was advised the developer feels the value of the improvements is
greater than what the City is willing to reimburse. The developer feels the valuation is $21,000 and
the City has put the valuation at $5,000. It was noted the developer has a copy of the agreement and
staff report; was aware it would be on the August 14th Agenda; and is not in attendance.

        Council Member McCarthy inquired if the developer could still bring the case up at a future
meeting if the reimbursement agreement was approved tonight, and was advised once the developer
enters into the agreement it will be binding. If he does not enter into the agreement, he could make a
future presentation to the Council.

      It was moved by Mayor Winningham, seconded by Council Member Perkins, and
unanimously carried to approve a Reimbursement Agreement with CN Lyons Development
Company for a waterline installed to serve 9641 Imperial Highway.

OTHER BUSINESS - Council Members

       Mayor Winningham acknowledged and welcomed Christina Vogel as the new Assistant to
the City Manager. He noted Ms. Vogel was previously in the Economic Development Department
and worked on the education component at the NASA site as well as on the Downtown Committee.

       Mayor Winningham acknowledged City Clerk Kathleen Midstokke was recently
designated a Certified Municipal Clerk (CMC) and congratulated her on this accomplishment.

        Council Member McCarthy thanked the Christian Businessmen’s Association for their
acknowledgement of the Council’s prior action supporting the Boy Scouts program. He felt the
benefit scouting brings to individuals and families far outweigh any fault that may be found.

         Council Member McCarthy referred to correspondence applauding the Housing Division
for its assistance in putting on a new roof for one of the City’s seniors and congratulated the Housing
Division for its good work.

      Council Member McCarthy also congratulated the Fire Department’s Emergency Medical
Technicians for assisting a couple along the Rio Hondo Bicycle Path recently.

        Council Member McCarthy noted the Consent Calendar contained a number of important
items, such as the adoption of a reduction in the rate for the Utility Users’ Tax for electricity for a six
month period; the revised Memorandum Of Understanding with the Ezralow Company for the
development of the 160 acre NASA site; and the installation of a stop sign at Fourth Street and La
Reina Avenue.

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       Council Member Cartozian advised he was not able to attend last week’s special meeting as
he was out of the country. He looked forward to hearing public sentiment regarding the future of
fireworks in the City of Downey.

       Council Member Trejo thanked Code Enforcement for taking care of a situation he reported
on Friday and acknowledged their fine work.

        Council Member Trejo thanked the Police Department for looking into a recent school break
in and for making it safe for kids to go back to school.

OTHER BUSINESS - Staff Members: None

ORAL COMMUNICATIONS

       Kevin McDonald, Director of ARC (Association for Retarded Citizens), thanked the Council
on behalf of ARC for approving the Community Development Block Grant Funds for ARC again this
year. He also commended the Council for participating in various events conducted by ARC.

       The meeting recessed at 8:04 p.m. and reconvened at 9:00 p.m., with all Council Members
present.

ADJOURNMENT: 9:00 p.m.

     The meeting was adjourned to 6:30 p.m., August 28, 2001, in the Council Chamber of
Downey City Hall.




Kathleen L. Midstokke, City Clerk                           Robert C. Winningham, Mayor


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