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HomeMy WebLinkAboutMinutes - 06-26-01 - Regular Meeting5 r 013311 PRESENT: Council Members: PRESENTATIONS HEARINGS Council Minutes 6/26/01 -1- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NNE 26, 2001 The City Council of the City of Downey held a regular meeting at 7:42 p.m., June 26, 2001, in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding. 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 Christina Vogel, Special Projects Coordinator June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary Jackie Hacker, representing MADD (Mothers Against Drunk Driving) presented MADD State DUI (Driving Under the Influence) Awards to Police Officers Michael Parino and Nathan Weinrich in recognition of the high number of DUI arrests each made during the year 2000. A plaque was also presented to the Downey Police Department in recognition of its excellent DUI arrest record. Mayor Winningham opened the Public Hearing to consider the APPEAL OF ZONE CHANGE NO. 01 -28 FOR A PORTION OF THE PROPERTY AT 7847 -7879 FLORENCE AVENUE AND 10021 TWEEDY LANE. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Trejo, seconded by Council Member Cartozian, and so ordered to receive and file. Mr. Yoshiki narrated a visual program explaining this appeal to rezone property at 10021 Tweedy Lane from PB (Parking Buffer) to the C -2 (General Commercial) zone. He advised that the Planning Commission conducted a public hearing on this issue May 16, 2001, at which time one Commissioner abstained and the decision of the other Commissioners resulted in a 2 -2 tie, which is a denial under the Downey Municipal Code. He mentioned an earlier zone change request for this property in 1991, which also resulted in denial, with the issue raised that the C -2 (General Commercial) zone provides for basically all retail and general commercial activities and this property is in close proximity to single family neighborhoods. He narrated a visual program showing the general plan designation for this area and noting the requested zone change is consistent with the General Plan. He pointed out rezoning to C -2 would afford the developer the right to develop all commercial uses. He advised the issue is whether or not the City wants to keep the present zoning in place to provide a separation between commercial and residential properties. Ms. Midstokke noted two pieces of correspondence were received opposing the zone change. One from Luis Marquez and the other from the Chang family. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and so ordered to receive and file. Mayor Winningham asked if the applicant or his representative wished to come forward and present their case. Mr. John Efstathiou, 7835 Ravillier Drive, submitted a packet with two plans, Plan A and Plan B, with drawings, and reviewed each plan. Council Member Perkins inquired if Plans A and B were submitted to the Planning Commission at their meeting and Mr. Efstathiou noted the Planning Commission had copies of Plans A and B but pictures were not presented at its meeting. Harold Tseklenis, stated the owner of this property looked at his various options for development. One option was to keep the dairy, traffic and unsightliness as is, which was not felt to be a productive use, and Plan A, the preferred development, requiring a zone change. Council Member Perkins questioned why the Planning Commission was not presented with Plans A and B and was informed the applicant did not feel it was necessary. Both plans were described but it was not felt necessary to produce pictures at that time. Mr. Vose noted Plan B does not require a zone change but does require a discretionary review in the form of a conditional use permit. Council Member Cartozian felt Plan B was submitted with no intention to develop it but to show how it is unsuitable. Council Minutes 6/26/01 -2- 013821 Council Member McCarthy requested clarification from staff that Plan B would not require a zone change and was informed Plan B would not require a zone change but may not occur by right, as a portion of the project would require an encroachment process that is provided for in a conditional use permit. It was noted Plan A requires a zone change and if approved, the owner is not held to developing the property as shown on Plan A. Once rezoned, the property can be developed differently and the building can be placed anywhere. He asked Mr. Efstathiou what types of businesses he is : 3 3 jai proposing and was advised business offices, similar to what was done at the Downey Mall. He felt office traffic would be lower than retail traffic, noting this was a concern to surrounding residents. Mr. Vose commented that the Council was given site - specific drawings and these drawings are not applicable in a zone change. He noted there is no way to put limits on a zone change, as the developer can put anything on the property that complies with the zoning. It was moved by Council Member Perkins, to return this issue to the Planning Commission and return the applicant's appeal fee. (See later comment where the motion was withdrawn.) Mr. Vose advised the motion would be proper at the end of the public hearing. Mayor Winningham asked if there was anyone present to speak in favor of the Appeal of Zone Change 01 -28. David Bowers, 10620 Dolan Avenue, spoke in favor of the appeal and felt Plan A was better and that the zoning should be changed to C -2, as it would not encumber the owners ability to receive a return for his investment. He hoped the Council considered whether business people were getting a fair return on their investment so they will continue to locate in Downey. Pete Kontos, 9227 Gaymont Avenue, felt the applicant's comments were misunderstood and stated the applicant is specifically asking for Plan A and has submitted drawings and documents to build Plan A, which requires a zone change. He stated Plan A provides a true buffer from the building by shielding the noise for residents, while Plan B creates a tremendous amount of noise. Grace Eschilian, 9943 Tweedy Lane, stated there is a traffic problem caused by this property and advised that she and many neighbors have taken their concerns to the City Traffic Engineering Department, who are conducting a survey. She noted there have been four accidents on Dinsdale Street in the last two years. She would rather have the building in the buffer zone with nice landscaping, as this would provide more privacy for her. Themistocles Sparangis, 7757 Otto Street, mentioned he attended the Planning Commission meeting and noted traffic was a big concern. He felt the traffic in this area was generated by the nearby schools and was during time periods when businesses do not generally have traffic. He thanked the owner for submitting descriptions of Plans A and B and felt Plan A would help reduce traffic. Annacia Angelopolous, 7845 Gainford Street, felt Plan A would be in the best interest of the City and the residents of Dinsdale Street and would make the street quieter. It was her opinion the development would provide the City with more beautiful buildings and would keep the Dinsdale Street area more residential. Sue Lakatenis, 10522 Chaney Avenue, mentioned attending the Planning Commission meeting and felt Plan A will upgrade the subject property, as well as surrounding properties. now. An unknown speaker, felt Plan A will improve this corner, which he stated is very ugly right Mayor Winningham asked if there was anyone who wished to speak in opposition. Council Minutes 6/26/01 -3- Richard Klein, 7757 Dinsdale Street, advised he spoke at the 1991 public hearing on this property and noted Tweedy Lane is full with traffic in the morning for school and again at 2:30 or 3:00 p.m. when schools gets out. He noted the parking lot of this property is 50 percent full now and wondered where additional tenants would park. Carol Kearns, 9942 Smallwood Avenue, mentioned this is an issue of rezoning and a question of whether or not the Council votes to change a single - family residential neighborhood. She stated the parking buffer zone was established before the City was incorporated and pointed out the City is mandated to protect and preserve residential neighborhoods from encroaching commercial and industrial uses. She submitted a letter to the City Clerk. Bijay Agrawalla, 9914 Smallwood Avenue, felt traffic would increase by putting in more businesses and mentioned large semi trucks going to Savons and Vons, which utilize Smallwood Avenue and turn onto Dinsdale Street prior to entering these facilities. He stated he previously reported this to the Traffic Division and urged the Council not to approve the zone change. Alfonso Villa, 9951 Smallwood Avenue, mentioned he likes his neighborhood the way it is now and hoped the Council opposed the development of this project. He noted there is a significant amount of traffic right now and felt it will get out of control if this project is approved. Claudia Morales, 9926 Smallwood Avenue, strongly opposed the rezoning, stating traffic on Tweedy Lane is already bad and at the beginning of Smallwood Avenue it is awful. Diana Ramirez, 9835 Tweedy Lane, mentioned existing traffic problems in this area all day long and felt this new business would bring more traffic, with its clientele and workers. She felt the business should be along Florence Avenue where zoning is already in place for commercial use. Mayor Winningham asked the applicant if he wished to speak in rebuttal. There being no one else to speak, it was moved by Council Member Perkins, seconded by Council Member Trejo, and so ordered to close the public hearing. Council Minutes 6/26/01 -4- 01332q Michelle Chang, 9948 Smallwood Avenue, mentioned previous problems with a restaurant and nightclub on this property. She noted there is also a safety issue for the children who walk to and from school in this area and urged the Council to protect this residential area. Andy Ramirez, 9835 Tweedy Lane, opposed the zone change and felt the priority should be the children going to and from school. He felt the zone change would cause continued developments in this area. Mr. Efstathiou referred to Ms. Kearns' comment that the zone change borders 30 homes and stated it only borders part of a garage on Dinsdale Street along with two condominiums. He noted the proposed development is not for the entire parking lot but is only for the northeast corner. He stated he has no control of semi trucks coming in and out of Savons but noted there will be no semi trucks coming in to the building he has proposed. RESOLUTION NO. 6486 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND DENYING A ZONE CHANGE TO CHANGE A PORTION OF THE PROPERTY AT 7847 -7879 FLORENCE AVENUE AND 10021 TWEEDY LANE FROM PB (PARKING BUFFER) TO C2 (GENERAL COMMERCIAL) (ASSESSOR PARCEL NOS. 6360- 012 -009, 012 AND 013) (ZONE CHANGE 01 -28) The Resolution was read by title only. It was moved by Council Member Trejo, seconded by Council Member Perkins, and unanimously carried to waive further reading. It was moved by Council Member Trejo, seconded by Council Member Perkins, and carried by the following vote to deny the appeal and deny Zone Change 01 -28 for a portion of the property at 7847 -7879 Florence Avenue and 10021 Tweedy Lane. AYES 3 Council Members: Trejo, Perkins, Winningham NOES 2 Council Members: McCarthy, Cartozian Prior to the vote and to clear up any misunderstandings about Plans A and B, Mr. Vose stated that representations made as far as what can happen with either one of these plans is inappropriate, as the issue tonight is a zone change. He advised the Council not to look at Plans A and B in terms of making their decision. Council Member Perkins withdrew his motion to return this matter to the Planning Commission, noting he did not want the applicant to pay for something he might not have fully understood. Council Member Perkins inquired about the primary reason for a parking buffer and was informed it establishes a way to insure separation from one zone to another is maintained. He noted going from C -1 to C -2 offers more flexibility and once zoning is changed the developer can do as he pleases as long as the use is allowed within the zone. Council Member McCarthy asked if the current zoning allows the project and the response was yes but it would require a conditional use permit, which depends on the amount of encroachment. He noted this is a peak commercial property and the owner is interested in developing it as a commercial project, which he is allowed by right regardless of whether the Council denies the appeal or not. Mr. Yoshiki noted a CUP allows the City to impose limitations or conditions to lessen the impacts of a project to surrounding properties. Council Member Trejo inquired what types of businesses are in the C -2 zone and was informed all retail and general commercial activities, which includes some of the more intense commercial activities, such as automotive repair. Council Minutes 6/26/01 - Council Member Perkins thanked the speakers who spoke in favor and in opposition to this project. He noted he is very familiar with this property and referred to a restaurant that failed due to the chaos it caused this neighborhood. He stated the parking buffer is there to offset the homes from commercial uses and the owner knew the zoning before purchasing the property. He noted he would be voting to deny the request. Council Member Trejo echoed Council Member Perkins' comments and felt rezoning would put the residential properties at risk. He stated he was elected to protect the City's properties and would be voting against the appeal. Council Member Cartozian noted he was at the Planning Commission meeting on May 16, 2001, and was familiar with this area, which is highly trafficked. He noted the developer can develop the property as Plan A or Plan B and stated he has no reason to question the development. He felt residents in this area have recent memories of the chaos created by a restaurant/nightclub previously located on this property. He stated he will vote against denial of the appeal and felt the development should go forward in the best possible manner. Council Member McCarthy thanked residents for coming out and noted the applicant purchased this property with the intent to develop it, which will be done whether or not the Council denies the appeal. He noted there will be more traffic generated from this site, as it has been essentially dormant for a while. He felt the building would provide a visual barrier for the neighbors on the north side, as well as a sound barrier and supported the appeal. Mayor Winningham complimented the owner for doing an excellent job of managing this property but mentioned his concern with the impact to surrounding neighborhoods. He noted the Council can deny the appeal and send it back to the Planning Commission for the CUP process. He questioned whether it would be better to look at the back of an office building or at a parking area. Council Member Trejo noted he was not against the development but could not justify the zone change. ORAL COMMUNICATIONS Robert Szabat, 12822 Glynn Avenue, commented on a traffic island being installed on Downey Avenue from Firestone Boulevard to the railroad tracks as part of a beautification project. He was concerned for the effect to property and business owners in this area and submitted petitions in opposition. Mayor Winningham noted the Council cannot take action on this tonight but are in receipt of the petitions submitted. He advised he will request the City Manager put this on the next Council Agenda for discussion. Hector Vallejan, 9139 Cord Avenue, called the Council's attention to the number of shopping carts and trash being left on City streets. He suggested the City contact markets and request they offer a shuttle bus service for people who do not drive so they will not need to take the shopping carts. Council Minutes 6/26/01 -6- 01382/ 1)(1 a 8:21 Patrick Mathews, 9441 Via Amorita, representing the Hwarang -Do Marshall Arts School, addressed parking lot alterations behind this business due to the transit center project, which will eliminate four parking spaces. He noted this will put this business in violation of the City codes for the number of parking spaces required, which will affect the sale potential of this business. Mayor Winningham advised Mr. Mathews that the Marshal Arts School should have brought this issue up at the public hearing when the Council reviewed plans for the transit center before going out to bid. Mr. Mathews advised none of the business owners received a public notice of the initial plan and stated this information is new to them. David Levy, 6551 Corey Drive, Huntington Beach, CA, conveyed his disappointment in how the City is handling traffic flow to properties located on Firestone Boulevard between Downey Avenue and La Reina Avenue. He commended the City for allowing property owners to take part in the planning for the transit center but stated he just found out last Thursday that a divider is to be installed on Downey Avenue, which would not allow vehicles on Downey Avenue to turn left into this property. He hoped to have the opportunity to address this issue at a future date. Ismael Ruvalcaba, 9435 Borson Street, owner of a business in this area, noted he was very disappointed in the City for not advising the business owners of the developments taking place in the Firestone Boulevard area between La Reina Avenue and Downey Avenue. He felt these business owners should have a say and hoped to have a meeting where they can discuss this issue. Pat Makepeace, 10213 Pangborn Avenue, referred to property at 8230 -32 Firestone Boulevard in the area between La Reina Avenue and Downey Avenue, asking if she would be notified when the traffic divider is put on the Agenda. She mentioned her concern about the traffic island, as it would allow no left -turn into these properties. Mr. Caton asked if Ms. Makepeace was notified about the March 14th meeting and she stated she was notified that same day. Yongyouth Damabborn, business owner of an electronics business, mentioned his concern with plans for Downey Avenue and noted he never received a letter from the City. He mentioned the effects this traffic divider will have on business owners in this area. David Bowers, 10620 Dolan Avenue, mentioned the traffic divider on Downey Avenue was proposed as an environmental mitigation issue for the new bus terminal but felt it was wrong and did not know if the impact to business owners was taken into consideration. Lennie Whittington, 8542 Manatee Street, referred to a conversation with the owner of the Gourmet Cafe who stated she spoke to City staff and was told the traffic barrier on Downey Avenue was a done deal. He mentioned ongoing traffic problems on Firestone Boulevard and felt this project will hurt the businesses in this area by making access to them more difficult. Mayor Winningham felt the reason the Gourmet Cafe did not receive a notification was because Robert Reed is the owner of the property and the owners did receive notice. Council Minutes 6/26/01 -7- Robert Szabat, 12822 Glynn Avenue, commented on a statement he said was made to him by Robert Reed, as to why Mr. Reed did not attend tonight's Council Meeting. He also advised he is a retired City worker from the City of Paramount and has dealt with people at City Hall. He noted citizens are opposed to this project and were opposed to the recent changes made to Downey Avenue and felt staff is misleading the Council on these matters. Mayor Winningham advised it was the Council who voted for the recent changes to Downey Avenue and was sorry to hear that the owner of the Gourmet Cafe felt the way he did. The meeting recessed at 9:38 p.m. and reconvened at 9:49 p.m. with all Council Members present. HEARINGS (Cont.) Mayor Winningham opened the Public Hearing to CONSIDER THE APPLICATION OF GOLDEN YELLOW CAB, INC. FOR A PERMIT TO CONDUCT TAXICAB SERVICE IN 'nit CITY OF DOWNEY. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member McCarthy, seconded by Council Member Trejo, and so ordered to receive and file. Ms. Yotsuya noted Golden Yellow Cab, Inc., of Artesia applied for a Police permit to conduct a taxicab service in the City of Downey. Mr. Albert Quintero, the owner, submitted the documents required and the Downey Police Department conducted a preliminary background investigation, which concluded that Mr. Quintero has an approved permit in the City of Bellflower that is contingent on the condition that his drivers pass a background check by the Sheriff's Department. She advised she was not aware if background investigations have been concluded. She noted, of the other cities listed as references, Mr. Quintero is not licensed in the cities of Vernon, Norwalk or Artesia and based on the Downey Police Department's investigation, Golden Yellow Cab, Inc., appears to be conducting business illegally in several cities where they are not licensed or permitted. She noted a driver of Golden Yellow Cab, Inc. was issued a citation in March 2001 for not having a permit to operate in Downey. She advised staff recommends denial of the application, based on the information mentioned. There was no correspondence received regarding this matter. Mayor Winningham asked if the applicant or his representative wished to come forward and address the Council. Uvaldo Rodriguez, Manager of Golden Yellow Cab, Inc., advised Golden Yellow previously had a license to operate in the City of Vernon but allowed it to expire because they moved to the City of Bellflower. He noted they were issued a permit by the City of Bellflower a year ago, let it expire, and had to reapply because of zoning issues. They were issued a new permit on April 9, 2001. He noted they applied for a permit in the City of Norwalk seven months ago. He mentioned they conduct background checks on their drivers as well as drug tests and are the only company who provides insurance for its drivers. He advised there are several taxicab companies servicing Downey without permits and noted this is also taking place in the City of Council Minutes 6/26/01 -8- 013328 Bellflower. He noted they have also applied for a permit in the City of Artesia. He requested the opportunity to resubmit information and will also submit a financial statement. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried to continue the public hearing to consider the application of Golden Yellow Cab, Inc. for a permit to conduct taxicab service in the City of Downey to the Council Meeting of August 28, 2001. Mr. Caton explained to Mr. Rodriguez that the required information must be provided prior to the Council Meeting to allow time for staff to review it. Mayor Winningham opened the Public Hearing on the CITY OF DOWNEY PROPOSED BUDGET FOR FISCAL YEAR 2001 -2002. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Council Member Trejo, and so ordered to receive and file. Mr. Powell explained, per the City Charter, tonight has been scheduled for a public hearing where the City Council will review the City Budget, hear public testimony, and adopt the budget. At meetings two weeks ago and earlier today, the Council conducted a Budget Study Session to review the proposed budget. He narrated a visual program reviewing the proposed City Budget of $92.5 million, which includes the actual City Budget and the Redevelopment Budget, which was approved earlier tonight during the Community Development Commission meeting. He reviewed budget highlights, such as electrical costs, the ASPIRE program, the NASA property, code enforcement, State reductions to the budget and capital projects. He also noted that for every $1.00 collected on property taxes, the City only received $.14. He noted five recommended changes to the preliminary budget by staff, which are: An increase in the street lighting budget of $135,373; an increase to the water fund budget by $17,800 for a water meter reading system; an increase in the City Clerk's Budget of $7,850 to provide for personnel costs; air conditioning for the Downey Museum of Art at $10,000; and $15,000 for the Capital Outlay Budget for computer processing and computer resources for City Council Members. Mayor Winningham mentioned an additional $20,000 in Community Services funding that will be allocated as follows: $10,000 to the Downey Symphonic Society, $5,000 to the Downey Museum of Art and $5,000 to the Downey Rose Float Association. There was no correspondence received regarding this matter. Mayor Winningham asked if there was anyone present to speak regarding the proposed Budget for Fiscal Year 2001 -2002. Harold Tseklenis, 7828 Eighth Street, mentioned attending last year's and this year's Budget Study Session and stated his respect for the work both staff and the Council have put into the budget. Council Minutes 6/26/01 -9- There being no one else to speak, it was moved by Council Member Perkins, seconded by Council Member McCarthy, and so ordered to close the public hearing. RESOLUTION NO. 6487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2001 -02 BUDGET WITH IMPLEMENTING DOCUMENTS The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt, with the inclusion of the five amendments noted. The Council complimented and thanked staff for their budget presentations and responses to the questions and comments by the Council. Mayor Winningham opened the Public Hearing ESTABLISHING A UNIFORM SCHEDULE OF FEES. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and so ordered to receive and file. Mr. Powell referred to the Resolution listing all fees for consideration by the City Council and advised this Resolution is prepared each year and establishes all fees levied by the City, with the exception of water billing fees and building permit fees. He noted State Law requires a public hearing process to establish fees, pointing out the proposed Resolution covers 395 fees, of which 276 are unchanged, 112 increased, 7 are new, and 3 fees are being decreased. He advised that all fees levied by the City total $6 million and the increases proposed will increase that amount by $12,000. There was no correspondence received regarding this matter. Mayor Winningham asked if there was anyone present to speak regarding the proposed Uniform Schedule of Fees. There being no one else to speak. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and so ordered to close the public hearing. RESOLUTION NO. 6488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt. Council Minutes 6/26/01 -10- 0I 38;0 t1333U CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Items VI -B, CORRESPONDENCE REQUESTING TEMPORARY STREET CLOSURE OF A PORTION OF CORRIGAN AVENUE, and VI -E -4, AGREEMENT FOR PROFESSIONAL PLANNING SERVICES, were removed at the request of Council Member McCarthy. Agenda Items VI -C -1, CASH CONTRACT NO. S.S. 514/5, BROOKSHIRE AVENUE - FLORENCE AVENUE AND WOODRUFF AVENUE - FLORENCE AVENUE, EAST -WEST LEFT -TURN SIGNAL PHASING, VI -D, WARRANTS ISSUED, VI -E -2, CHAMBER OF COMMERCE AGREEMENT, VI -E -3, APPROVAL OF AMENDMENT NUMBER 4 WITH JOAN WYNNE TO PROVIDE FOOD AND BEVERAGE SERVICES AT RIO HONDO GOLF CLUB, VI -E -5, CONSULTANT AGREEMENT WITH E. DEL SMITH AND COMPANY, INC., and VI -E -6, GENERAL PLAN AMENDMENT NO. 01- 41/ZONE CHANGE NO. 01 -42, FOR PROPERTY LOCATED AT 10221 DOWNEY AVENUE, were removed at the request of Council member Cartozian. Mr. Caton continued Agenda Item VI -F -4, TRACT MAP NO. 53320, FOR PROPERTY AT 7034 -7048 DINWIDDIE STREET, to the Council Meeting of July 10, 2001. In response to Council Member Cartozian, Mr. Caton explained this item was pulled because plans submitted to the Engineering Department were not ready for final approval. CONSENT CALENDAR It was moved by Council Member Perkins, seconded by Council Member McCarthy, 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, JUNE 12, 2001: Approve. SCADA SYSTEM RADIO AND PROGRAMMING UPGRADES: Award a contract in the amount of $47,298.40 to Advanced Telemetry Systems International for upgrades to the City's Supervisory Control and Data Acquisition System: Approve. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING DONOVAN STREET AS A THROUGH STREET AT ITS INTERSECTION WITH GLYNN AVENUE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 52968 (10639 LA REINA AVENUE), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A REFUNDABLE CASH DEPOSIT (RECEIPT NO. 5584) AS SURETY Council Minutes 6/26/01 -11- RESOLUTION NO. 6489 (ADOPT) RESOLUTION NO. 6490 (ADOPT) RESOLUTION NO. 6491 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 26035 (11920 DOWNEY AVENUE), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A LETTER OF ASSIGNMENT (NO. 425- 02119101298-6) AS SURETY Council Minutes 6/26/01 -12- RESOLUTION NO. (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 53320 (7034 -7048 DINWIDDIE STREET), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A LABOR AND MATERIAL AND PERFORMANCE BONDS AS SURETY (This item was continued to the Council Meeting of July 10, 2001.) RESOLUTION NO. 6492 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE DOWNEY AQUATIC CENTER RESOLUTION NO. 6493 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE DOWNEY POOL RESOLUTION NO. 6494 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2001 -2002 Council Member McCarthy noted citizens were in the audience regarding Agenda Item VI -E -3, APPROVAL OF AMENDMENT NUMBER 4 WITH JOAN WYNNE TO PROVIDE FOOD AND BEVERAGE SERVICES AT RIO HONDO GOLF CLUB, and requested this item be discussed after approval of the balance of the Consent Calendar. G13332 OTHER BUSINESS - Consent Calendar - Items removed by Council Aooroval APPROVAL OF AMENDMENT NUMBER 4 WITH JOAN WYNNE TO PROVIDE FOOD AND BEVERAGE SERVICES AT RIO HONDO GOLF CLUB Mr. Jarrett explained Joan Wynne has run the food and beverage service at the Rio Hondo Golf Club since 1994 and has done a very good job of providing a high level service. He noted the contract will expire at the end of the month, stating Joan brought economic issues to his attention last year and provided her tax return, which showed a loss of over $94,000 to operate this facility. He advised Joan is confident business will turn around and proposes her contract be reestablished wherein she would pay the City Golf Course Fund $8,000 per month and 9 percent of the gross receipts on everything over $115,000 per month. The proposal is for five years, which will allow both the City and Joan to discuss future operations should the City elect to move forward with reconstruction or new construction of the banquet facility. The net effect of the change would result in a decline in revenue to the golf course fund of just over $20,000 a year. It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried to approve Amendment Number Four (4) with Joan Wynne to provide food and beverage service at the Rio Hondo Golf Club. Mayor Winningham noted out, if the Council and Country Club were to work out a new agreement for construction of a new facility, the contract would be reviewed again at that time. ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS AUTHORIZING THE EXECUTION OF DOCUMENTS FOR THE ACQUISITION OF PARCELS 1 AND 2 OF THE DOWNEY NASA INDUSTRIAL PLANT Mr. George explained the City acquired Parcels 3, 4, 5 and 6 of the Downey NASA Industrial Plant in April of 1999, which represents 67 acres of the 160 acre site. He advised the item before the Council is the first step in completing acquisition of the entire site, which is Parcels 1 and 2, the final 92 acres. Staff has been negotiating and planning for this acquisition concurrently with the eventual reuse and redevelopment of the entire site. The documents presented represent an offer to purchase the property between the City and State Lands Commission and if approved, would be presented to the State Lands Commission in July. He noted the City is purchasing the property for $20 million, stating revenue generated from the site will cover associated costs. Council Minutes 6/26/01 -13- RESOLUTION NO. 6495 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF DOCUMENTS BETWEEN THE CITY OF DOWNEY AND THE CALIFORNIA STATE LANDS COMMISSION The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt; and approve the Offer to Purchase real estate in the City of Downey and Acceptance of the Offer to Purchase. AGREEMENT WITH MUSEUM MANAGEMENT CONSULTANTS (MMC) Ms. Vogel presented staff's recommendation and noted staff has been working closely with a number of program partners to develop an exciting and interactive program for a museum/learning center at the NASA site. She advised management consultants with experience in developing strategic and business plans for organizations were sought and Museum Management Consultants was selected. She reviewed their experience and background and noted they were highly recommended by a number of executive directors and museum board members. She referred to the scope of work and noted they will work closely with the advisory group currently being formed, which will include two members of the City Council. Funding will initially be in the form of a loan from the General Fund, which will be reimbursed when grant funds are received from NASA. She responded to questions and comments from the Council. Anne Kappes, Assistant Vice President for Museum Management Consultants, stated they are honored and excited about the potential of this project. In response to Council Member McCarthy, Mr. Vogel reviewed other consultants considered for the project and reasons why MMC was felt to be the best choice. He noted it would be helpful to have this information included with the staff report. Council Member McCarthy requested information on the advisory group being formed and was advised commitments have been received from the Los Angeles County Office of Education, the Jet Propulsion Lab in Pasadena, the Challenger Learning Center, the Aerospace Legacy Foundation, Boeing, Kaiser, the Ezralow Company, City Staff, and the two Council Members to be appointed tonight. Ed Dowd, 7409 Arnett Street, representing the Aerospace Legacy Foundation, thanked the Economic Development Department for including their Founding Director, Jerry Blackburn in the advisory group and stated they are delighted by what took place tonight and fully support the space museum project. After discussion by the Council, Council Members Trejo and Cartozian were appointed to serve on the Advisory Group for the museum project. It was moved by Council Member Perkins, seconded by Mayor Winningham, and unanimously carried to approve the Agreement for Consulting Services with Museum Management Consultants for the development of strategic, business and governance plans for the NASA site museum/learning center; appropriate $44,000 from the General Fund for this Agreement, which will be reimbursed upon receipt of the NASA grant; and to appoint Council Members Trejo and Cartozian to serve on the Advisory Group for this project. Council Minutes 6/26/01 -14- O1333y r' p 3835 OTHER BUSINESS - Consent Calendar - Items removed by Council Annroval (Cont.) CORRESPONDENCE REQUESTING TEMPORARY STREET CLOSURE OF A PORTION OF CORRIGAN AVENUE Council Member McCarthy asked if any residents who applied for this street closure were in attendance and there were none. He advised he did not hear from them personally and he explained the request to close a portion of this street on the 4th of July. He mentioned being advised by the Police Department that July 4th is a tough time for a street closure due to safety issues, although he is in favor of block parties, as he felt they are a good way for neighbors to get together and they develop a sense of community. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried to deny a request for the temporary street closure of a portion of Corrigan Avenue. CASH CONTRACT NO. S.S. 514/515, BROOKSHIRE AVENUE - FLORENCE AVENUE AND WOODRUFF AVENUE - FLORENCE AVENUE, EAST -WEST LEFT - TURN SIGNAL PHASING (ACCOUNT NOS. 26- 16514/5) Council Member Cartozian commended Mr. Alvarez for his letter to the Editor in response to a previous letter to the Downey Eagle regarding left -turn signals at Brookshire Avenue and Firestone Boulevard recently approved by the Council. It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to approve Plans and Specifications and grant authority to advertise for bids on Cash Contract No. S.S. 514/515. WARRANTS ISSUED: NO. 167351 - 167730; WIRE NOS. 30000151 -158; $2,629,503.49 Council Member Cartozian referenced a warrant for attorney fees in the amount of $9,641.39 and was advised this fee is related to a case involving a local hotel and that the case is still pending. It was moved by Council Member Cartozian, seconded by Council Member Trejo and unanimously carried to approve the warrants register. CHAMBER OF COMMERCE AGREEMENT Council Member Cartozian commended the Downey Chamber of Commerce for the service it provides to business leaders in the community and noted the City allotted $15,000 again this year in the Budget for the Chamber. It was moved by Council Member Cartozian, seconded by Council Member McCarthy, and unanimously carried to approve the Agreement with the Chamber of Commerce. Council Minutes 6/26/01 -15- AGREEMENT FOR PROFESSIONAL PLANNING SERVICES Council Member McCarthy requested a brief staff report on this item. Mr. Yoshiki reviewed the credentials of the firm Hogle- Ireland, a planning and land use consulting firm that provides planning services to local agencies. He noted some of their clients include the cities of Norwalk, West Covina, Yorba Linda, Huntington Beach, Costa Mesa, and Irvine, and mentioned staff checked with several firms to fill the staff void due to the absence of a planner. He responded to comments from the Council. It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to authorize the City Manager to execute the six -month agreement for professional planning services with Hogle - Ireland and approve an appropriation from the General Fund in an amount not -to- exceed $50,000. CONSULTANT AGREEMENT WITH E. DEL SMITH AND COMPANY, INC. Council Member Cartozian inquired if this was a continuing consultant agreement. In response to questions from Council Member Cartozian, Mr. Caton advised the City has two Washington D.C. lobbyists, Jim Dykstra and E. Del Smith, who together cost the City about $5,500 a month. He mentioned the difference between the two consultants and noted they have different expertise. He noted the combination of these two lobbyists has been beneficial for the City. Mayor Winningham mentioned he had the opportunity to meet with Mr. Smith and noted he is a sharp individual and is the City's contact to Senators Boxer and Feinstein and is well known in Washington D.C. He supports this expenditure. It was moved by Council Member Cartozian, seconded by Council Member Trejo and unanimously carried to approve an agreement with E. Del Smith and Company, Inc., to provide continued consultant services to the City of Downey for a twelve month period beginning July 1, 2001 to June 30, 2002. GENERAL PLAN AMENDMENT NO. 01 -41, TO CHANGE THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO OFFICE; AND ZONE CHANGE NO. 01 -42, FROM R -3 (MEDIUM DENSITY, MULTI - FAMILY RESIDENTIAL) TO C -P (PROFESSIONAL OFFICE) FOR PROPERTY LOCATED AT 10221 DOWNEY AVENUE (APN: 6252- 021 -016) Council Member Cartozian stated he had pulled this item in error. It was moved by Council Member Cartozian, seconded by Council Member Perkins, and unanimously carried to set the public hearing for 7:30 p.m., July 10, 2001, in the Council Chamber of Downey City Hall. Council Minutes 6/26/01 -16- 013334 OTHER BUSINESS - Council Members Council Member McCarthy wished Mary Tesoriero good luck on her retirement from the Downey Unified School District Board of Trustees after 14 years. Council Member McCarthy referred to a Certificate of Appreciation presented to the City Council from the Downey Unified School District for the Healthy Start Program, anchored at Ward Elementary School, called True Lasting Connections. He noted the program had a successful start and complimented staff member Bonnie Kehoe in this respect. Council Member Trejo thanked Council Member McCarthy for the opportunity to serve on the NASA museum subcommittee. Council Member Trejo mentioned having discussions with Chief Finch regarding problems at a crosswalk on Old River School Road near schools and noted this needs to be studied and corrected before school resumes again. Council Member Trejo noted he would like to discuss recreational activities at Furman Park with Jim Jarrett and the possibility of having recreational activities on school grounds during the summer. Council Member Perkins mentioned attending the ceremony renaming the Community/ - Senior Center the Barbara Jean Riley Community/Senior Center and commended everyone for an excellent job. Council Member Perkins congratulated Chief Sauter for the six new firefighters recently brought onboard. He noted the importance of training and proper equipment to assist them in doing the best possible job. Mayor Winningham congratulated Mary Tesoriero for her 14 years of service to the Downey Unified School District and for her family's support of all community programs. Mayor Winningham congratulated Dr. Edward Sussman for the honor of having South Middle School renamed in his honor to Sussman Middle School. Mayor Winningham urged everyone to be extra careful now that school is out for the summer. Mayor Winningham thanked Public Works Director Desi Alvarez and Police Chief Finch for their quick response to the crosswalk safety near Old River School Road and for their efforts to enhance traffic safety, resulting in numerous traffic citations being issued in that area. Mayor Winningham announced Mayor Garza of Guadalajara, Downey's Sister City Guadalajara, his wife, and three Council Members, will be visiting Downey tomorrow with a group of business leaders from Mexico. He mentioned that Downey was the first city to acquire a Sister City in Mexico. Council Minutes 6/26/01 -17- OTHER BUSINESS - Staff Members Mr. Caton announced this was an important historical night with the final purchase of the remaining land of the former NASA site and stated this action will enable the City to control the future development of the land, to obtain revenue, and to get the economic engine going for this area. Mr. Caton mentioned previous comments regarding the traffic barrier on Downey Avenue and advised a U -turn will be allowed. He noted the new transit center will bring in over 400,000 potential customers a year to the businesses along this portion of Firestone Boulevard. The meeting recessed at 11:45 p.m. and reconvened at 12:35 a.m., June 27, 2001, with all Council Members present. ADJOURNMENT: 12:35 a.m. The meeting was adjourned to 6:30 p.m., July 10, 2001, in the Council Chamber of Downey City Hall. Kathleen L. Midstokke, City Clerk Robert C. Winningham, Mayor HACCLERX \SCONTE\MINUTEs\ccmn0626 Council Minutes 6/26/01 -18- - 013838