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HomeMy WebLinkAboutMinutes - 07-24-01 - Regular MeetingPRESENT: Council Members: Council Minutes 7/24/01 -1- The City Council of the City of Downey held a regular meeting at 7:41 p.m., July 24, 2001, in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding. PRESENTATIONS MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 24, 2001 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 Brian Ragland, Principal Engineer David Rodriguez, Project Manager (NASA Site) Kathy Simmons, Integrated Waste Coordinator Ed Velasco, Manager of Housing �- Christina Vogel, Special Projects Coordinator June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary Mayor Winningham and Council Member Cartozian presented to Dan and Cathy Lucero, Ronald and Angel Kellogg, and Mark and Karen Sutton, a Proclamation declaring them 2001 Parents of the Year in honor of National Parents Day. Connie Sziebl, representing Congressman Steven Horn, presented a Proclamation to the parents congratulating them as 2001 Parents of the Year. 013859 Katrine McCarthy, thanked everyone involved for recognizing National Parents Day and advised information on this program is available on the Internet or by contacting her. She mentioned that Parents Day was established in 1994 by the joint houses of Congress, who set the 4th Sunday of every July as National Parents Day. The parents selected were nominated by their children's High Schools. They participate in many activities that benefit the students in Downey. She thanked local 5' -01385 restaurants, Acapulco, La Barca and Frisco Burger for donating complimentary dinners to the parents and noted they will also be honored guests at the next performance of the Downey Civic Light Opera in October. Mayor Winningham introduced Judge London Steverson, President of the Downey Sister Cities Association, noting the Association is celebrating its 41st year. He pointed out Downey was the first city to select a Sister City from Mexico, which was Guadalajara. Judge Steverson presented Certificates of Appreciation to Fire Chief Sauter, Kathy Simmons, Raul Ochoa and June Yotsuya, for their assistance in the Sister Cities Association. He explained the Downey Sister Cities Association works to increase international understanding between Sister Cities and visits its three Sister Cities two or three times a year. He invited everyone to the Association's Annual Fiesta September 8th at Rancho Los Amigos Country Club and introduced Phil Bliss. He mentioned Raul Ochoa of the Downey Fire Department has accompanied the Sister Cities Association on several occasions to train fire departments in Downey's Sister Cities. (Mr. Ochoa was not present to receive his Certificate of Appreciation). Mayor Winningham presented a Certificate of Achievement to Joseph Gazmen in recognition of attaining second place in the team event "Introduction to Parliamentary Procedure" held by Future Business Leaders of America at their national conference in Florida. HEARINGS Mayor Winningham opened the public hearing on THE 2000 URBAN WATER MANAGEMENT PLAN. 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. Mr. Alvarez advised the California Water Code requires an Urban Water Management Plan be filed with the State Department of Water Resources every five years. The 1995 Urban Water Management Plan was filed in May of 1996 and the 2000 Plan is an update. The purpose is to provide for conservation and efficient use of water during a declared drought and is a plan of action for how the City will respond. He noted the plan was reviewed by the Water Board at its July 18th meeting, where it was approved and recommended for Council approval. Council Member Cartozian commended staff on the 2000 update and mentioned there is an area of the City not serviced by Downey water. He was informed this area has never been serviced by the City and is served by the Southern California Water Company. He inquired about the number of wells being utilized and those that are inactive and was informed the City has excess pumping capacity and inactive wells are not necessary. Council Member McCarthy complimented staff on the reduction in average daily demands noted on Pages 21 and 22 of the report and noted one reason for the reduction is residential plumbing retrofits. He advised that retrofit hardware is available at City Hall and also referred to a plan through the Central Basin Water District several years ago where low flow toilets were supplied to reduce water consumption. Council Minutes 7/24/01 -2- Mayor Winningham recognized Gary Morris, Director of the Central Basin Water District, in the audience. There was no correspondence received regarding this matter. Mayor Winningham asked if anyone present wished to speak regarding the 200 Urban Water Management Plan. There being no one to speak, it was moved by Council Member Perkins, seconded by Council Member Cartozian, and so ordered to close the public hearing. RESOLUTION NO. 6499 A RESOLUTION OF TH CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY OF DOWNEY'S 2000 URBAN WATER MANAGEMENT PLAN The Resolution was read by title only. It was moved by Council Member Cartozian, seconded by Council Member Perkins, and unanimously carried to waive further reading and adopt. Council Minutes 7/24/01 -3- 01396? Mayor Winningham opened the public hearing of PROTESTS ON LOT CLEANING AND NUISANCE ABATEMENT PROGRAM. Ms. Midstokke affirmed receipt of the Proof of Publication and Affidavit of Mailing. It was moved by Council Member Perkins, seconded by Council Member McCarthy and so order to receive and file. Mr. Alvarez explained the Downey Municipal Code provides for property owners to maintain their properties at a certain level and when a nuisance condition is deemed to exist, the City advises the property owner to take action to eliminate the nuisance. Twenty -two property owners were notified their properties required abatement last year and of the 22, all but three complied. The City took action to abate these three properties; they were billed; and two reimbursed the City. Action was taken to place a lien on the third property in the amount of $630 to recover the cost incurred by the City. Council Member Perkins inquired as to how the property owners were notified and was informed by mailing a letter. He mentioned he has previously requested notification made by certified mail and requested Downey Municipal Code Section 5302 of Chapter II of Article V be amended to read homeowners will be notified via certified mail. He recalled a previous case that was waived due to no proof of notification and felt it was important to make every effort to insure owners are notified. Mayor Winningham requested clarification that Council Member Perkins was requesting an Ordinance on the Agenda at the next Council Meeting regarding an amendment to the abatement program and was advised it did not need to come back by the next meeting but before the end of next month. There were no written protests received regarding this matter. Mayor Winningham asked if there was anyone present to speak in protest to the lot cleaning and nuisance abatement assessments. Lennie Whittington, 8542 Manatee Street, concurred with Council Member Perkins comments regarding notification via certified mail. He noted the final abatement in question this year involves an executor of an estate where somebody has died, stating the executor could live at a different address and felt the City should not charge this party, as there is no proof notification was received. 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. It was moved by Council Member McCarthy, to affirm the assessments on properties that have been cleaned by the City during the fiscal year 2000 -2001. The motion died for lack of a second. Council Member Cartozian concurred with the prior comments by Council Member Perkins and Mr. Whittington and stated he did not want to assess the $630 fee for abatement. It was moved by Council Member Perkins, to postpone the assessment until a certified letter is sent to the property owner to verify receipt of the notice and then bring the issue back to Council at its next Meeting. He withdrew his motion after the following statement by Mr. Alvarez. Mr. Alvarez clarified that the executor of the estate met with staff at the property and is fully aware of the lien. The executor chose not to pay the fee and told staff to lien the property on the basis the lien would be paid upon the sale of the property. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and carried by the following vote to affirm the assessments on properties that have been cleaned by the City during the fiscal year 2000 -2001. AYES 4 Council Members: Trejo, Perkins, McCarthy, Winningham NOES 1 Council Members: Cartozian Prior to the vote, Lennie Whittington, requested a further comment. It was moved by Council Member Cartozian, seconded by Council Member Perkins, and so ordered to reopen the public hearing. Lennie Whittington, 8542 Manatee Street, asked the Council to inquire if staff met with the executor of the estate within the time period allotted to notify the City or after the period had elapsed. Mr. Alvarez advised the meeting was subsequent to receipt of the notice and was the result of a follow up. Council Minutes 7/24/01 -4- 013383 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. Council Member Cartozian stated he had a hard time assessing a fee to this case, since an executor is involved. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Items VI -F -2, TRACT MAP NO. 53320, 7026- 7056 -1/2 DINWIDDIE STREET, and VI -G -2, ORDINANCE APPROVING AN AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT TO CONSTRUCT AND OPERATE SPORTS FIELDS AT COLUMBUS HIGH SCHOOL, were removed at the request of Council Member Perkins. Agenda Items VI -C -1, CASH CONTRACT NO. S.S. 521, SAFE ROUTES TO SCHOOL: BROOKSHIRE AVENUE, and VI -F -1, SELLING OF TAX - DEFAULTED PROPERTY TO LOS ANGELES COUNTY FOR FLOOD CONTROL PURPOSES, PARCEL 236 (A.P.N. 8021 - 009 -012) — 9871 DOWNEY - NORWALK ROAD, were removed at the request of Council Member Cartozian. Agenda Item VI -E -4, ON -CALL INSPECTION SERVICES PROFESSIONAL SERVICES AGREEMENT, was removed at the request of David Bowers, 10620 Dolan Avenue, Downey. CONSENT CALENDAR Mayor Winningham voted on the balance of the Consent Calendar with the exception of Agenda Item VI -G -1, SECOND READING OF AN ORDINANCE FOR ZONE CHANGE NO. 01 -42, FOR PROPERTY AT 10221 DOWNEY AVENUE, wherein he abstained due to a potential financial conflict of interest due to owning property in this vicinity. It was moved by Council Member Trejo, seconded by Council Member McCarthy, and unanimously carried to waive further reading of the Resolution and approve the remainder of the Consent Calendar, with the abstention by Mayor Winningham, as noted: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JUNE 26, 2001 AND ADJOURNED AND REGULAR MEETINGS, JULY 10, 2001: Approve. WARRANTS ISSUED: NO. 168063 — 168414; WIRE NOS. 30000159, 30000165 -168; $2,357,331.74: Approve. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT WITH SOUTHERN CALIFORNIA REHABILITATION SERVICES, INC.: Approve an agreement, which allocates $5,000 in CDBG funds for independent living support services for disabled and elderly persons: Approve. FAIR HOUSING PROGRAM CONTRACT WITH THE FAIR HOUSING FOUNDATION: Approve the contract to provide fair housing services during fiscal year 2001 -2002 for the amount of $13,150: Approve. Council Minutes 7/24/01 -5- ANNUAL PROJECT UPDATE FOR EXPENDITURE OF PROPOSITION A AND PROPOSITION C LOCAL RETURN FUNDS: Approve the 2001 Annual Project Update and authorize staff to transmit necessary documents to the Los Angeles County Metropolitan Transportation Authority: Approve. EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BETWEEN THE CITY OF DOWNEY AND KAISER FOUNDATION HOSPITALS: Authorize the City Manager to execute a 100 -Day Exclusive Negotiation Agreement for the disposition and development of approximately 20 acres of the Downey NASA site: Approve. ORDINANCES RESOLUTION NO. 6503 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 51695, 12023, 12045 AND 12055 LAKEWOOD BOULEVARD AND 16 LOTS, 11904 THROUGH 12058 MARBEL AVENUE (EVEN - NUMBERED ADDRESSES ONLY), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE STANDBY LETTER OF CREDIT AS SURETY ORDINANCE NO. 1105 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY'S COMPREHENSIVE ZONING MAP AND CHANGING THE ZONE FOR PROPERTY AT 10221 DOWNEY AVENUE FROM R3 (MEDIUM DENSITY MULTIPLE - FAMILY RESIDENTIAL) TO CP (PROFESSIONAL OFFICE) AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (ASSESSOR PARCEL NUMBER 6252 -021- 016) (ZONE CHANGE NO. 01 -42) Council Minutes 7/24/01 -6- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6184 OF THE DOWNEY MUNICIPAL CODE (UTILITY USERS TAX (UUT) - ELECTRICITY) Mr. Powell explained the proposal to reduce the rate charged for electricity as part of the City's Utility Users Tax, resulting from the California Public Utilities Commission's recent sizeable rate increase for electricity. He noted an amount is budgeted every year as revenue hoped to be generated from Utility Users Tax. To avoid a large increase in this revenue, due to the increase in electricity rates, staff recommends reducing the rate from its current 5 percent, to 3.8 percent. He narrated a visual program reviewing how the reduced figure was calculated and noted, if approved for introduction, the Ordinance would come back to Council for adoption at its August 14th meeting, and would appear on bills mailed by Edison around September 20 -25. He responded to comments from the Council. Mr. Vose mentioned a legal quirk because of Proposition 218 and the manner in which tax rates can be increased or decreased without a vote of the public, advising if action is taken tonight, the reduced rate would be in effect for an entire year. If electricity rates changed within that year, the City would not be able to go back to the current 5 percent rate until the year is up. He noted, as an option, the Council could impose the reduction for a limited period, such as six months, revisit the issue, and extend it again, if necessary. Mayor Winningham noted he would prefer to see a six -month window and revisit the issue in March 2002. Lennie Whittington, 8542 Manatee Street, thanked the Mayor and Council for bringing this issue forward. He stated he had hoped to see the rate be the same as the reduction on the UUT for gas utilities, which is 3.5 percent, and felt the City receives a lot of money from this tax. David Bowers, 10620 Dolan Avenue, noted a Los Angeles Times article indicated business rates could go up to 49 percent under Southern California Edison and felt 3.5 percent would be better. He felt the City should set the reduction for one year and suggested the City tighten its belt in some areas. Mayor Winningham referred to the Los Angeles Times Article mentioned, stating it cited small business rates would increase by 33 percent, noting this would include the majority of Downey businesses. The Ordinance was read by title only. It was moved by Council Member Perkins, seconded by Council Member Cartozian to introduce. (No vote was taken. See second motion below). After further discussion, it was moved by Mayor Winningham, seconded by Council Member McCarthy, and unanimously carried to introduce the Ordinance, keeping the 3.8 a — percent for six months from September 1, 2001 to March 31, 2002, and revisit the issue by April 1, 2002, as noted. Mr. Vose advised if the desire of the Council was to bring the issue back in six months, it would be brought back in enough time to accommodate a continuance or change. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried to waive further reading. ORAL COMMUNICATIONS Council Minutes 7/24/01 -7- „ 013363 Steve Mansell, 8403 Cavel Street, spoke regarding the coordination of street sweeping and trash pickup after holidays, which affects 6 to 8 weeks out of the year, when these two functions collide. He noted street sweeping is inefficient when it falls on the same day as trash day and recommended the Council consider moving these two services where they don't collide. He also mentioned the safety hazard from pedestrians jay - walking near the Hospital on Brookshire Avenue and also near the Hospital on Patton Road and suggested the installation of pedestrian controlled signals to mitigate the situation Mayor Winningham noted the plans for the new medical building at the Downey Regional Medical Center on Brookshire Avenue include a signal installation to assist pedestrians. Referring to the Patton Road side of the Hospital, he advised an Ordinance was passed regulate commercial truck parking in this area and noted signage will be installed to mitigate safety issues for pedestrians. He stated staff will review the street sweeping and trash schedule when they come up for renewal. Al Young, 9115 Sheridell Avenue, submitted a bag full of newspapers and advertisements accumulated from his and his neighbor's property during a six -week period. He also pointed out very few companies pay attention to "No Solicitation" signs. Chief Finch mentioned addressing the issue of advertisements in plastic bags containing rocks with the initiator but did not know of any way to enforce preventing the delivery of other advertisements and newspapers. Lennie Whittington, 8542 Manatee Street, referred to the issue of a crosswalk on Brookshire Avenue, noting the Traffic Committee and Council reviewed this issue and there will be a crosswalk and light once the new medical building is built. He also referred to the safety issue on Patton Road near the Hospital and noted there is a crosswalk in the plans with a lighted signal people will push when they want to cross the street. He spoke in opposition to helicopters landing on Brookshire Avenue near the hospital and feels they should be required to land on hospital property, because they require Police and Fire Department assistance when they land in the street. Edward Echmalian, 9634 Gainford Street, spoke regarding the past 4th of July in Downey and felt both legal and illegal fireworks were a danger to citizens and property. He felt the benefits of fundraising are far outweighed by what was experienced this past holiday and was against the sale and use of fireworks in the City. Mayor Winningham advised him a report would be conducted later in the meeting regarding fireworks issues this past year. RESOLUTIONS: None ADMINISTRATIVE REPORTS DOWNTOWN DESIGN GUIDELINES Ms. Vogel explained the downtown design guidelines came about after meeting with applicants for the Facade Improvement Program and hearing their requests for guidance from the City. She noted the City is not interested in regulating or imposing a theme and stated the document provided is a tool to guide property and business owners through the process and give them an understanding of elements they can consider for their projects. They will ultimately make the decisions themselves. She referred to documents in the Council and public packets and noted J. Bullock and Associates prepared a number of material, color and design option boards for public view at the rear of the Council Chamber. Council Minutes 7/24/01 -8- Mr. James Bullock of J. Bullock and Associates presented the Downtown Downey Design Guidelines utilizing a Power Point program. He noted the objective was to promote creativity and individuality and to educate owners on color, material and other design options, to strengthen the quality of facades designs in the downtown area. He reviewed elements included such as, materials, window treatments, color applications, signage, ornamental treatments, lighting and outdoor furnishings and responded to questions from the Council. Council Member Perkins requested extra copies of the design guidelines be available for the public when requests are made. 013367 It was moved by Council Member Cartozian, seconded by Council Member Perkins, and unanimously carried to approve the design guidelines for Downtown Downey by J. Bullock and Associates. REPORT ON 2001 FIREWORKS ACTIVITIES Chief Sauter advised the Police and Fire Departments worked together on enforcement efforts and thanked the Police Chief for the data provided for the report. He narrated a visual program depicting calls, incidents, citations and confiscations on July 4th and the holiday period from July 1st through July 8th. He noted the Council supplied direction and the public was made aware by ads in the Downey Eagle stating the hours and days of sale of fireworks. Signs were also printed and laminated for display at fireworks stands. Neighborhood patrols were stepped up and all on duty firefighters and police officers were utilized along with some overtime officers. He compared activities this year to last year and noted it was a very busy year Citywide. Ninety -two citations were issued and over 300 pounds of fireworks were confiscated. He noted 50 pounds of fireworks were confiscated last year. He advised the cost for the enforcement effort was about $9,800 and the call load between this year and last year doubled. He noted the environment is challenging with 110,000 people and is difficult to control. He felt the City was very fortunate this year to not have anything more serious happen. He responded to questions and comments from the Council, noting the average fine is between $275 and $550; it still takes a major enforcement effort for several years in cities where fireworks are banned; fire arms were not confiscated but fireworks launchers, PVC tubes that launch firework mortars, were; the police blotter and GIS system were a great help in generating information; phone calls received prior to and after the 4th of July suggest residents want a ban on fireworks. Mayor Winningham suggested working with the School District to reopen one of the high schools for a public fireworks display. Council Member Trejo did not think the public realized the severity of the fines and suggested a public announcement be sent out to advise them. Mr. Vose advised the Council has some authority to establish fines for fireworks but was not sure what the limit would be and could find out. Council Minutes 7/24/01 -9- David Bowers, 10620 Dolan Avenue, thanked the Police Chief and Fire Chief for an excellent report and for doing a fine job of trying to secure the City. He felt the nature of the City is changing and the population has grown. He suggested the Council outreach to groups that tend to launch more illegal fireworks and felt a public display is in order, if fireworks are banned. Lennie Whittington, 8542 Manatee Street, felt there are more young people in Downey and people were shooting off fireworks weeks in advance. Mayor Winningham stated his aunt lives off Gallatin Road in north Downey and she advised him this was the noisiest 4th of July she has ever experienced in the City. He noted people do not have to cross borders to buy illegal fireworks. It was moved by Council Member Perkins, seconded by Council Member Trejo, and unanimously carried to receive and file the report on 2001 fireworks related activities. OTHER BUSINESS - Consent Calendar - Items removed by Council Annroval CASH CONTRACT NO. S.S. 521— SAFE ROUTES TO SCHOOL: BROOKSHIRE AVENUE (ACCOUNT NO. 26-16521) Council Member Cartozian noted the City received $220,500 in Federal Funds to support Program Supplement M006, which is now costing an additional $170,000, and questioned the reason for the increase. Mr. Alvarez advised the appropriation of additional monies is to make up the difference between money appropriated and the money required to complete the project. He advised the original cost estimate was about $275,000 and the bid came in at $390,000. The majority of the increase is for traffic signal equipment, as the cost of materials for mast arms and poles has increased significantly. Other items are noted on Page 2 of the staff report, such as sod turf, which is more expensive; installation of pedestrian sensors on the bollards; and upgrades of the traffic signal at Brookshire Avenue and Imperial Highway. He noted these enhancements were implemented during the design of the project with the recognition they would drive up costs. Mr. Caton advised if the Council determines it does not want to put additional money into the project, it can direct staff to live within the original budget, but in order to award the bid, enough money must be allocated to pay it off. Council Member Cartozian inquired if a separate item is needed if the Council is awarding an additional $120,000 and staff s response was no, the three items requested are all interconnected. He noted sometimes contractors play games with a low bid and then the City incurs extra costs later on but felt it was unfortunate that original costs increase by this amount. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. M006 TO CITY OF DOWNEY /STATE MASTER AGREEMENT NO. 07 -5334, FOR THE SAFE ROUTES TO SCHOOL IMPROVEMENTS ON BROOKSHIRE AVENUE Council Minutes 7/24/01 -10- RESOLUTION NO. 6500 ©13469 The Resolution was read by title only. It was moved by Council Member Trejo, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt. ON -CALL INSPECTION SERVICES — PROFESSIONAL SERVICES AGREEMENT - WITH HYCOM AND ASSOCIATES David Bower, 10620 Dolan Avenue, commented if Hycom and Associates were responsible for the inspection of Downey Avenue improvements, he would not hire this contractor, as he noted the -- roadway from the Hi -Ho Market north to Fifth Street is bumpy. Mr. Alvarez advised HYCOM and Associates did not provide full -time inspection services on the Downey Avenue project and only assisted the City. He noted he was not aware of the bumpy road surface and would have to drive that section of roadway. Mayor Winningham stated he has not noticed this condition and suggested staff take a look. Council Member Trejo asked what could be done to rectify this if it is found to be bumpy and was advised the only way would be to repave the whole road. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried to authorize the Mayor to execute a Professional Services Agreement with HYCOM and Associates, for On -Call Inspection Services. SELLING OF TAX- DEFAULTED PROPERTY TO LOS ANGELES COUNTY FOR FLOOD CONTROL PURPOSES — PARCEL 236 (A.P.N. 8021- 009 -012) — 9871 DOWNEY - NORWALK ROAD Council Member Cartozian inquired how the cost of $800 for this 0.37 acres was arrived at and was informed it was determined by Los Angeles County. It is a tax- defaulted property and the cost is probably for outstanding liens or assessments on the property. Mr. Caton noted this is the law and when the County acquires a piece of property it takes it off the tax role and notifies the City. Mr. Vose noted the County would not have acquired the property in this manner unless there was a lien. Mr. Alvarez noted the parcel is wholly within the San Gabriel River and is not a useable City property. Council Minutes 7/24/01 -11- RESOLUTION NO, 6501 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SELLING PRICE OF $800 FOR THE SALE OF TAX - DEFAULTED PROPERTY TO THE COUNTY OF LOS ANGELES FOR FLOOD CONTROL PURPOSES, PARCEL 236 (A.P.N. 8021 - 009 -012) — 9871 DOWNEY - NORWALK ROAD - 613610 It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried to waive further reading and adopt. TRACT MAP NO. 53320 — 7026 - 7056 -1/2 DINWIDDIE STREET Council Member Perkins asked if the developer was in the audience and was informed he was not. He advised the developer started the project without proper permits. He noted there has been some controversy about this project since it was approved by the Planning Commission on May 16, 2001, and a number of commitments were not completed in a timely manner. He suggested continuing this matter until the developer is present and noted the item was pulled from the June 12, June 26 and July 10 Council Meetings because requirements had not been completed. He asked what the purpose of a final subdivision map was. Mr. Alvarez advised it gives the property owner approval to complete the project. It was moved by Council Member Perkins to continue this item until the next Council Meeting. The motion died for lack of a second. Council Member Cartozian sympathized with Council Member Perkins but felt problems needed to be mitigated by the developer and at this point the final map has been checked and found to be technically correct and in compliance with local codes and requirements. Council Member Trejo indicated he supported Council Member Perkins and felt the Council would be setting a precedence by allowing developers to come in and do this. The Council needs to send the message that proper permits must be obtained first and it is not fair to other developers who work by the rules. Mr. Vose noted the Council has the right to continue the matter if they wish to do so. He explained that approval of a final subdivision map is based upon compliance with conditions established for that map. Once the developer has complied, it becomes a ministerial act and not discretionary. He felt the issue of whether somebody started work before having the proper permits is an issue the City has a right to enforce but was not sure the track map could be denied based on that issue. Council Minutes 7/24/01 -12- RESOLUTION NO. 6502 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 53320 (7026 THRU 7056 -1/2 DINWIDDIE STREET), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A LABOR AND MATERIAL AND PERFORMANCE BONDS AS SURETY The Resolution was read by title only. It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and carried by the following vote to approve the final subdivision map of Tract Map 53320 (7026 through 7056 -1/2 Dinwiddie Street), approving an agreement with the subdivider and accepting labor and material and performance bonds (No. 816434S) as surety. AYES 3 Council Members: McCarthy, Cartozian, Winningham NOES 2 Council Members: Trejo, Perkins It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and carried by the following vote, to waive further reading. Waiver of further reading requires a unanimous vote, therefore full reading of the Resolution took place by the City Clerk. AYES 3 Council Members: McCarthy, Cartozian, Winningham NOES 2 Council Members: Trejo, Perkins Prior to the vote, Council Member McCarthy noted he appreciated the concerns made by Council Members Perkins and Trejo and felt the developer should be addressed personally on the Council's concerns about this project. He noted this property has had a negative history and this will make it a positive history. Mayor Winningham noted the developer has complied with conditions. He advised 11 of the 18 items listed are related to the Standard Urban Stormwater Mitigation Plan (SUSMP). He noted this is the City's second SUSMP project and it is going to be confusing. He agreed the developer should not start work before permits are issued but felt enforcement on this should be through the inspection process. He asked if all inspections can be made by building staff right now with no hindrance and was informed they could, assuming everything is open. Mr. Vose advised if somebody moves forward without building permits, it is a violation of the Municipal Code and is considered a misdemeanor. The City could issue stop orders and prevent further action from going forward. He stated if conditions have been met for the map, which are independent of other issues discussed, it is not grounds to deny approval of the map. ORDINANCE NO. 1106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION AND OPERATION OF SPORTS FIELDS AT COLUMBUS HIGH SCHOOL IN THE CITY OF DOWNEY Council Member Perkins inquired if all of the $320,000 in grant funds will be used on this particular project and the response was yes. He noted the only time the City will have use of the facility will be during daylight hours and on Saturday and Sunday, as there is no lighting at the facility. He also requested assurance the soil will be checked for contaminants and the response was the City will be testing the soil. Council Member Cartozian mentioned receiving two phone calls regarding the shared use of soccer and softball teams and the concern that soccer tears up the grass and the softball fields might be worn in the outfields. He inquired if Astro Turf was considered and was informed it had been but the expense was beyond the funding for the project. It was noted soccer is in demand in Downey as well as other communities and the fields will be closed down from time to time to let them regenerate. Council Minutes 7/24/01 -13- DI 3 8111 Council Member McCarthy referred to the east side of the field that faces an apartment complex and asked if improvements were in line for the fence dividing the properties. He was advised no changes are anticipated other than the fence may have to be raised. It will be evaluated as part of the design complex but not part of the project. Council Member McCarthy asked when work is scheduled to begin on this project and was informed documents will be executed with the Downey Unified School District tomorrow and then they will be filed with the State of California. Once documents are approved the City will be free to start incurring costs to the project. The City will have the soil tested in the meantime and will also begin working with the School District on design plans. Mayor Winningham noted Assemblywoman Sally Havice had quite a bit to do with bringing these funds to the City. He noted the facility is allocated for American Youth Socker Organization (AYSO) and the President of AYSO ask him how usage would be regulated to keep adult leagues out. Mr. Jarrett noted the City and School District manage the City's resources as they relate to distributing the facilities. He encouraged the youth soccer groups to participate in meetings held and to submit their requests for use of the facility. Lennie Whittington, 8542 Manatee Street, stated he understood the School District is making the property available and the taxpayers of the City will pay everything else. Mr. Jarrett noted it is a shared expense. The School District will pay 100 percent of the utility costs including water irrigation costs. The City will maintain the outdoor facilities, as it does on the west side of Columbus High School now. The City will pay for mowing and the District will pay for watering. Mr. Whittington asked if there were plans to install a loud speaker system or lighting in the future and was informed there are no plans and if it came up in the future, surrounding property owners would be notified. The Ordinance 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. OTHER BUSINESS - Council Members CREATION OF COUNCIL SUBCOMMITTEE TO RESEARCH BRINGING A SPACE CAMP TO THE DOWNEY NASA SITE Council Member Cartozian mentioned his request is a revisit to a feasibility study conducted approximately two years ago regarding the possibility of a space camp at the Downey NASA site. He noted the recommendation of the study was that it was a feasible option and something the City could possibly proceed with and felt it deserves further review. He noted Huntsville, Alabama, is the role model for space camp program and has 1, 3 and 5 day overnight camps, attracting people from all over the nation and world. He felt Huntsville, Alabama, is not as economically viable as the City of Council Minutes 7/24/01 -14- Downey in regards to location and felt a space camp could fuel a lot of pro- active development. He suggested a subcommittee be created consisting of two Council Members and two City Commissioners. Mayor Winningham suggested he and Council Member Cartozian serve on the subcommittee and felt the commissioner positions should be open to any City Commissioner who has a Conflict of Interest Statement on file with the City Clerk's office. He noted the subcommittee will have an advisory capacity and bring its recommendations back to the Council. He noted Council Member Cartozian has suggested Planning Commissioner Roger Brossmer from District 5 and advised he would like to appoint Bobbie Samperi, Recreation and Community Services Commissioner from District 2. It was Moved by Mayor Winningham, seconded by Council Member Perkins, and unanimously carried to appoint Mayor Winningham, Council Member Cartozian, Planning Commissioner Roger Brossmer and Recreation and Community Services Commissioner Bobbie Samperi to a subcommittee to research the possibility of bringing a Space Camp to Downey. Lennie Whittington, 8542 Manatee Street, stated his concern that the subcommittee will incur expenses for traveling and so on. Mayor Winningham advised the subcommittee will not be spending money and will be a subcommittee to review a study funds were already expended on. Roger Brossmer, 12744 Parrot Avenue, stated he wants to give this idea a good look and if he feels it is something that will not work for the City, he will be the first to say so. He mentioned experiencing the Space Camp in Huntsville, Alabama, and felt it could be something that would be good for the City. Council Member Cartozian thanked the Mayor and Commissioners Brossmer and Samperi for joining the Space Camp Subcommittee. OTHIER BUSINESS — CITY COUNCIL (Cont.) Council Member Cartozian noted this will be June Yotsuya's last Council Meeting, as she will be moving on to greener pastures. He stated June has served the City for 13 years, he will miss her, and looked forward to the farewell luncheon in her honor next week. Council Member McCarthy expressed that June Yotsuya, Assistant to City Manager will be missed and wished her well in her new job. Council Member McCarthy mentioned he went to the Library on Sunday but found it is closed on Sundays during the months of July and August. He felt it would be beneficial to continue Sunday hours year round and requested the Library Commission review this. Council Minutes 7/24/01 -15- 013973. Council Member McCarthy commended Police Officers Mike Pope and Robert Del Rio for the excellent job they did in assisting at the scene of a recent tragedy at the Embassy Suites. .. 01387q • Council Member Perkins thanked Mayor Winningham for coming in from his vacation to attend tonight's meeting. Council Member Perkins also thanked Council Member Trejo for coming in from his vacation for the meeting. Council Member Perkins thanked June Yotsuya for her service to the City and noted she will be missed by all. He mentioned working with June for many years when he was on the Planning Commission. Council Member Perkins suggested budgeting next year for the Library to be open all summer, stating it is a very worthwhile program. Mayor Winningham congratulated the North West Downey Little League Senior Division baseball team for defending their championship of District 37. He hoped their winning streak continues. Mayor Winningham wished June Yotsuya well and noted he will be attending her farewell luncheon on August 1st to wish her well on her continuing career. OTHER BUSINESS - Staff Members City Manager Caton thanked June Yotsuya for her dedication to the City and especially for her diligent work on the LACDA project. We will miss her very much. The meeting recessed at 11:20 p.m. and reconvened at 12:45 a.m., July 25, 2001, with all Council Members present. ADJOURNMENT: 12:45 a.m., July 25, 2001 The meeting was adjourned to 6:30 p.m., August 14, 2001, in the Council Chamber of Downey City Hall. Kathleen L. Midstokke, City Clerk H: 1CCLERK\ScorrrEU,uNUTESkc,,mO724 Council Minutes 7/24/01 -16- Robert C. Winningham, Mayor