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HomeMy WebLinkAboutMinutes - 01-11-00 - Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 11, 2000 TABLE OF M.INIJTE ACTIONS SUBJECT ACTION PAGE NO. Chief Finch introduced new Police Dept. promotees 1 Res. #6316, approv. General Plan Amendment #99-42, for property at 13535 Lakewood Bi. Adopted 3 Ord. approv. an amendment to the Zoning Map for Introduced property at 13535 Lakewood Bi. as amended 4 Ord. amending the Lakewood/Firestone Specific Plan 91-2 (SP-91-2A) & denying the appeal Introduced 8 Res. #6317, denying the appeal & approv. Conditional Use Permit #99-29, for property at 9066 Firestone Bi. Adopted Res. #6318, denying the appeal & approv. Tentative Parcel Map #25643 for properties at 9066 Firestone Bi. Adopted Removal of Items from Consent Calendar 9 Council Minutes: Adj. Reg. Mtg. 12/6/99 (as amended); Adj. & Reg. Mtgs. 12/14/99; & Special Called Mtg. 12/22/99 Approved 10 Warrants Issued: #4378 — 5205, $2,300,550.87 Approved 10 Renewal of Agreement w/Washington, D.C. consultant SISCORP, INC.: Auth. staff to execute an agreement for consulting services Approved 10 Code Amendment #99-64 — to remove ambulance service as a permitted use in the HM (Hospital Medical-Arts) & C2 (General Commercial) zones & adding it as a use subject to Conditional Use Permit in the HM, C2 & Mi Set hrg. for 7:30 p.m. (Light Manufacturing) zones 1/25/00 10 Cont. of Special Services Agreement of law firm selected for specific personnel related matters: Auth. City. Mgr. to execute agreement w/law firm of Filarsky & Watt Approved 10 PAGE 1 OF 4 COUNCIL MINUTES, JANUARY 11, 2000 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Agreement w/DMG- MAXIMUS, Inc. for Fire Chief recruitment services Approved 10 Fire Dept. Emergency Medical Services (EMS) Div. vehicle lettering: Approve affixing slogan to all EMS Div. vehicles Approved 10 5 -Year Consolidated Plan for Federal Dept. of Housing & Set hrg. for 7:30 p.m. Urban Dev. Grants 2/8/00 10 Res. #6319, approv. the appointment of Meredith Perkins to the Board of Trustees of the Greater L. A. County Vector Control District Adopted 10 Res. #6320, approv. State- Downey Master Agreement #000332, covering funds from the State Transp. Improve- ment Program (STIP) Adopted 11 Res. #6321, approv. Program Supplement Agreement #0206 to State - Downey Master Agreement 000332 covering preliminary engineering costs for pavement rehabilitation on various streets within City, funded by 1998 . State Transp. Improvement Program (STIP) Adopted 11 Res. #6322, designating Conrad St. a through Street at intersection w/Montgomery Av. Adopted 11 Res. #6323, designating Blodgett Av. a through Street at intersection w/Mory St. Adopted 11 Ord. amending Sect. 3186 of the Downey Municipal Code relating to Speed Limits for Paramount Bl. & Downey & Brookshire Aves. Introduced 12 Geographic Information System (GIS) — Utility Conversion Contract: Award contract to Engineering Systems Approved 13 Consider contracting -out to update the 1973 publication of the "History of Downey:" Subcommittee formed w/ Council Members Lawrence & McCaughan Approved 14 Proposed Front Yard Code amendment: Subcommittee formed w /Council Members McCaughan & Winningham Approved 15 PAGE 2 OF 4 COUNCIL MINUTES, JANUARY 11, 2000 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Council Member wished everyone a Happy New Year 15 Council Member Perkins extended congratulations to Police Chief Finch & the three promoted officers 15 Council Member Perkins complimented the Downey Rose Float Association for this year's float 15 Council Member Winningham commended Downey Rose Float Assn. and this year's float 15 Council Member Winningham welcomed Police Chief Finch 15 Council Member Lawrence thanked the Fire Dept. for going to the aid of the recent brush fires & returning safely 15 Council Member Lawrence thanked the City for getting through Y2K 15 Council Member Lawrence re press coverage of Y2K & noted staff worked very hard at the Emergency Operations Center 16 Mayor McCarthy mentioned being at the Emergency Operations Center on New Year's Eve & expressed appreciation for efforts of the Public Services & Public Safety Depts. 16 Mayor McCarthy anticipated giving recognition to the Downey Rose Float Assoc. at the next Council Mtg. w/Miss Downey & her Court being present , 16 Mayor McCarthy mentioned a photo exhibit in L. A. honoring the 30 Anniversary of the Apollo 12 Mission 16 Mr. Caton congratulated Police Chief Finch 16 Mr. Caton thanked the Council for approving the use of a recruitment firm for a new Fire Chief 16 Mr. Caton commended the City's two Washington consultants, E. Del Smith & Jim Dykstra 16 PAGE 3 OF 4 COUNCIL MINUTES, JANUARY 11, 2000 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Mr. Caton stated the Council now has a record number of subcommittees working 16 Mr. Caton thanked the remaining audience members for �-.. staying through the meeting 16 Adj. in memory of Frank Wei, Design Review Board Member; & Dominick Gallucci, brother of Economic Development Dept. employee Debbie Cowell 16 Meeting adjourned to 7:30 p.m., January 25, 2000 16 h : \cclerk\sconte\tab10111 PAGE4OF4 1331 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 11, 2000 The City Council of the City of Downey held a regular meeting at 7:43 p.m., January 11, 2000, in the Council Chamber of the Downey City Hall, Mayor Keith McCarthy presiding. PRESENT: Council Members: —•- Keith McCarthy Mayor Joyce L. Lawrence Mayor Pro Tem Robert C. Winningham Meredith H. Perkins Gary P. McCaughan, M.D. ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Judith McDonnell, City Clerk- Treasurer Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community/Economic Development Ron Irwin, Interim Fire Chief James Jarrett, Director of Community Services Christina Garcia, Special Projects Coordinator David Rodriguez, Project Management Consultant Mark Sellheim, Principal Planner Ed Velasco, Manager of Housing Steven Yee, Economic Development Coordinator Ron Yoshiki, Asst. Director of Community Dev. /City Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Mayor McCarthy introduced new Police Chief John Finch. Chief Finch introduced the Police Department's three newest promotees, Sergeants Dean Milligan and Leslie Murray, and Lieutenant Jim Heckel, mentioning their tenure, education and prior positions with the Police Department. He also advised that Sergeant Murray is the first female sergeant for the Downey Police Department. The new promotees introduced family members in the audience. Council Minutes 1/11/00 -1- 1 3 A / 3 %M HEARINGS Mayor McCarthy opened the public hearing on GENERAL PLAN AMENDMENT NO. 99 -42 AND ZONE CHANGE NO. 99 -43 FOR PROPERTY LOCATED AT 13535 LAKEWOOD BOULEVARD, REQUEST TO CHANGE THE GENERAL PLAN DESIGNATION FROM NEIGIIBORIIOOD COMMERCIAL TO GENERAL COMMERCIAL; AND TO CHANGE ZONE FROM R -1 (SINGLE- FAMILY RESIDENTIAL) AND M -1 (LIGHT MANUFACTURING) TO C -2 (GENERAL COMMERCIAL). Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Lawrence, seconded by Council Member Winningham, and so ordered to receive and file. Mr. Yoshiki explained this is basically a cleanup issue and he narrated a slide presentation of the former Tahitian Village site. He mentioned the General Plan was adopted in 1992 and reviewed changes that have occurred in that area since that time, stating staff feels it is time to change the classification of the subject property to General Commercial. He referred to the zoning map, noting that Tahitian Village was established many years ago under a zone exception, which is no longer available. The City is now governed by General Plan and zoning consistency and the requested actions will accomplish this. He reviewed the contemplated plan for the site, which included a market, restaurant, drive -thru restaurant and retail type store. There was no correspondence received on this matter. Mayor McCarthy asked if there was anyone present to speak in favor of the General Plan Amendment and Zone Change. Tab Johnson, representing Rich Development Company, 23456 Madero Street, Unit 230, Mission Viejo, said they have been working with Planning and other City divisions to complete this project. Mayor McCarthy requested a review of the benefits projected from this project and was informed there would be a significant number of jobs; it would clean up a dilapidated property; it would provide sales tax and property tax revenue; and the City would not have to provide the resources it has provided in the past. Council Member Lawrence requested further review of the site plan to show landscaping, setback, walls and mitigation measures to keep the center resident friendly for the periphery of the property. Mr. Johnson mentioned items reviewed during the environmental impact report, advising setbacks are 32 feet, with landscaping to provide a buffer to neighboring properties; sound walls will be installed along property lines to deaden sounds from loading activities, with a curfew set for deliveries, and traffic measures to reduce any impacts. In response to Council Member Lawrence, he advised that comments from the neighborhood have been very positive, noting they are willing to work with any issues presented. Council Minutes 1/11/00 -2- 1 3 3 t' Mayor McCarthy referred to access from Deming Avenue and was informed it would remain a cul -de -sac with no access. He suggested the possibility of landscaping on the street side to improve the appearance and Mr. Johnson advised he would work with staff on this. Mayor McCarthy then mentioned trees that intrude on the wall on the existing property and Mr. Johnson indicated he has spoken with the present property owner, who advised him they are having a meeting to discuss this and also to step up security patrols. Eleanor Eck, representing Tri City Mobil Lodge to the north of this p , ro ert spoke in favor of p p Y the improvements but expressed concerns about lighting, noting she has spoken to Mr. Johnson, who suggested shields to reduce the brightness at night. She also inquired if there are construction laws that regulate the working hours and was informed that construction hours are between 7:00 a.m. and 10:00 p.m. Council Member Perkins noted a correction, stating the mitigated declaration states trucking deliveries are between 7:00 a.m. to 10:00 p.m., with construction hours from 7:00 a.m. to 6:00 p . m. Mayor McCarthy asked if there was anyone who wished to speak in opposition. Sal Ortiz, 13446 Castana Avenue, expressed concern about the value of his property with the change in zoning from single- family residential to commercial for the subject property. Mr. Yoshiki explained Downey has a number of commercial zones that back up to residential properties and he has not heard of issues regarding declines in property values. Mr. Ortiz asked if there was anything he could do about the zoning of his property and also expressed concern about increased traffic and crime, suggesting extra patrols in this area. He referred to a neighborhood park where he feels there is a lot of crime. Mayor McCarthy indicated the Police Department is always on patrol for these issues, noting the property is now an eyesore and a hazard. There being no one else to speak, it was moved by Council Member Lawrence, seconded by Council Member Winningham, and so ordered to close the hearing. RESOLUTION NO. 6316 A RESOLUTION OF THE CITY COUNCIL OF TH CITY OF DOWNEY APPROVING GENERAL PLAN AMENDMENT NO. 99-42, CHANGING THE GENERAL PLAN DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT 13535 LAKEWOOD BOULEVARD, DOWNEY (APPLICANT: RICH DEVELOPMENT) The Resolution was read by title only. It was moved by Council Member Winningham, seconded by Council Member Lawrence, and unanimously carried to waive further reading and adopt. Council Minutes 1/11/00 - - 133': Prior to the vote, Council Member Lawrence stated she was in the favor of the change in General Plan designation based on the changing retail patterns in the area. As to Mr. Ortiz's concern, she noted his neighborhood is not being changed from residential to commercial and that his neighborhood will remain the same. She felt the project will have a positive impact on the neighborhood, noting a similar situation in her neighborhood, which increased property values. She felt the neighbors would be pleased once this project is completed, noting she is also in favor of the zone change. Council Member McCaughan mentioned his support of both actions, referring to the days when the Tahitian Village was in its prime to the criminal activities and volume of City resources utilized before it was shut down. He felt the changes mentioned would be a benefit to the community and would add to the neighborhood. If there is a problem, it can be brought to the Council. He referred to Apollo Park, noting it sits on a major thoroughfare with measures instituted to increase patrols during high activity hours. He suggested illegal activities be reported, noting the power citizens have through groups like neighborhood watch to insure their area does not change. Council Member Perkins mentioned he was on the Planning Commission when another group attempted to reopen the Tahitian Village and is pleased to be voting to improve this property. He addressed the concerns of Mr. Ortiz, noting the City is attempting to improve this area and protect properties, advising that traffic mitigation measures were included in the environmental impact report. Mayor McCarthy commented that the park referenced by Mr. Ortiz was Golden Park, and he noted improvements made at that park. He stressed the importance of reporting illegal activities to the Police Department. He also suggested the proposed grocery store work on a shopping cart program to retain their carts and noted he would support both actions. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE COMPREHENSIVE ZONING MAP CHANGING THE ZONE ON A PROPERTY FROM R -1 (SINGLE - FAMILY RESIDENTIAL) AND M -1 (LIGHT MANUFACTURING) TO C -2 (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT 13535 LAKEWOOD BOULEVARD, DOWNEY The Ordinance was read by title only. It was moved by Council Member Winningham, seconded by Council Member McCaughan, and unanimously carried to waive further reading and introduce. Mayor McCarthy opened the public hearing on REQUEST TO AMEND PROVISIONS OF SPECIFIC PLAN NO. 91 -2; AND APPEAL, LAKEWOOD BOULEVARD/ - FIRESTONE BOULEVARD SPECIFIC PLAN NO. 91 -2A AND CONDITIONAL USE PERMIT NO. 99-29/TENTATIVE PARCEL MAP NO. 99 -25643 FOR PROPERTY LOCATED AT 9066 FIRESTONE BOULEVARD. Council Minutes 1/11/00 - 4- — I 3 3 Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Lawrence, seconded by Council Member Winningham, and so ordered to receive and file. Mr. Yoshiki narrated slides of the subject and surrounding properties. This issue involves a specific plan amendment to add hotels/motels as a use permitted by conditional use permit in Specific Plan No. 91 -2A. It also includes the appeal on two land use entitlements; CUP 99 -29, the request to develop a 94 -unit hotel at 9066 Firestone Boulevard; and Parcel Map 25643 to consolidate two of the three properties involving the subject site. The Specific Plan now considers hotels /motels as a transitional use. He referred to the Days Inn at 11102 Lakewood Boulevard, where it was recommended by the Planning Commission to eliminate the transitional use classification. He reviewed the proposed project, which is comprised of 2 -1/2 acres, with a restaurant pad around 6,800 square feet located at the frontage towards Firestone Boulevard. The CUP is to allow the hotel development to go onto the site. The specific plan was developed in 1991, a number of changes have occurred since then, and staff feels the recommended amendments should be approved. Council Member Perkins inquired as to what opportunities would be gained for the property owner at 11102 Lakewood Boulevard going from a transitional use to a conditional use permit and was informed that the transitional use does not allow expansion of the site. Also, if there has been a suspension of activities for 180 days, the Specific Plan indicates the use would have to cease. By establishing the use as a permitted use by CUP, it affords the property owner the ability to change his plans. Mr. Yoshiki noted the appellant's attorney expressed concern about altering the classification from transitional to conditional use permit. Mr. Vose explained it would take the property out of its current pre- existing non- conforming use and put it in as a permitted use. Council Member Perkins inquired as to the difference between a hotel and motel and was informed the Downey Municipal Code defines the difference by assigning the number of units. There was no correspondence received on this matter. Mayor McCarthy asked the applicant to come forward and present his case. Mr. Larry Levoff, P.O. Box 2133, Del Mar, proposed developer of the hotel site and restaurant pad expressed appreciation to City staff for their assistance, stating he hoped to complete the project in 2000. He advised that his associate Subhash Naik was present to answer questions regarding the operational aspects of the hotel, a 94 room Holiday Inn Express, with a 7000 square foot restaurant. He explained it is an upper mid -level hotel and this segment of the hotel business is missing in Downey. He reviewed benefits to the City from transient occupancy tax, sales tax, property tax, employment opportunities and the beautification of Firestone Boulevard. Council Minutes 1/11/00 -5- 1 3 3 There being no one to speak in favor of the Specific Plan Amendment, Conditional Use Permit and Tentative Parcel Map, Mayor McCarthy asked the appellant to come forward and present their case. Frank Weiser, 3460 Wilshire Boulevard, Suite 903, Los Angeles, attorney forappellant pp Arvin Parekh, owner of the Days Inn Stonewood Suites, stated his client, took the affirmative action to appeal the Planning Commission's actions on this item and understood he would be given the opening statement procedurally and would have rebuttal time. He requested rebuttal time if there is rebuttal from the applicant. Mr. Vose advised this is a de novo hearing before the City Council whereby the applicant presents his case and then the appellant. Mr. Weiser raised an objection on procedure due process grounds, citing the due process and equal protection clauses of the Fourteenth Amendment and read Sections 9124.06 G (2) and 9024.06 (ak) of the Downey Municipal Code. He mentioned six motels within a half -mile radius of the proposed project, noting the City's Ordinance created a statutory entitlement to hotels within a half -mile radius, whereby they have to be given consideration about whether the new hotel will be good or bad for their business and whether it will be physically suitable. He felt Mr. Parekh was not given notice and lodged an objection under procedure of due process grounds. He felt there was an abundance of evidence that the project will not be suitable to meet requirements of the Downey Municipal Code and submitted reports from Economics Research Associates (ERA) and the Sedway Group to support his statement. He also referred to a report from the accounting firm PKF. He then referenced the issue of changing Mr. Parekh's hotel from a transitional use to a conditional use, noting this would not have come up if a new hotel had not been considered and objected to the analysis that this change will be in his client's favor, noting a conditional use permit comes with heavier regulations and new and more onerous conditions can be added. He felt the choice should be up to Mr. Parekh. Responding to questions Mr. Weiser explained his specialty is civil rights practice and land use development. Many of his clients are motel owners and are very pro- development. He commented on two published opinions where he disclosed that the City Attorney in San Bernardino was illegally closing down motels in violation of the due process clause and where he overturned a Transient Occupancy Tax in San Bernardino that changed the law throughout the State. Council Member McCaughan pointed out that if Mr. Parekh remains in the transitional use category and his hotel burned down, he would be under risk that he may not have the right to rebuild, whereas in the CUP category, he can rebuild. Mr. Weiser stated the City has not gone through the procedures required to allow hotel/motel owners to be properly notified and to respond and say they agree with the actions of the City. Mr. Vose clarified the issue, explaining the section of the Code being referenced by the speaker is not intended, nor is drafted, to give the hotel and motel owners some kind of right to prohibit another motel from coming in. Its purpose is from a planning and zoning standpoint and not an economic standpoint and to make sure that the number of motels do not adversely affect Council Minutes 1/11/00 -6- 1 3 3 7 the surrounding neighborhoods, not that they adversely affect each other. He mentioned that the Planning Commission, at the request of the applicant, dropped the request for a conditional use permit as it relates to Mr. Parekh's property, and recommended the Council follow suit. Council Member McCaughan referred to the issue of proper notice and Mr. Vose stated proper notice has been provided pursuant to California Law. Mr. Weiser stated these hotels have a legally protectible interest to receive notice, and that this will be for a court to decide. David Bowers, 10620 Dolan Avenue, stated he was in agreement with the appellant's request to not have his land use changed from a transitional use to a conditional use. Mr. Vose asked the City Planner, with respect to the CUP, if notice was given to all property owners within 500 feet and the response was yes. He then asked if the appellant received written notice and was informed he did, as his property is within the 500 feet. Lennie Whittington, 8542 Manatee Street, mentioned the Motel Ordinance states notice is to be given to properties within a half -mile of the project. He reviewed the history of the property at 9066 Firestone Boulevard from 1990, noting he had requested many times that the City place a for sale sign on the site, and that the City is now selling the property for much less than what the tax payers have invested. Arvin Parekh, owner of the Days Inn, stated the other five motels mentioned are not within 500 feet of the proposed project and did not receive notice. He has no objection to this hotel being built on the NASA property, away from the other hotels. He felt the location proposed will adversely affect the current hotels and he would prefer it be built elsewhere. When asked if he received notice of the hearing, he replied that he did request and did receive the notice. There being no one else to speak in favor of the appeal, Mayor McCarthy asked the applicant if he wished to come forward and speak in rebuttal. Subhash Naik, 11121 Dino Circle, Garden Grove, referred to the objections and difficulties the appellant has had with the proposed project and reassured the Council that his facility is in a different class and does not threaten surrounding properties. He noted they are not in competition with hotels /motels in Downey but with those in surrounding cities. The Sedway Report states the Embassy Suites is the only true hotel in the City and he reviewed statistics on the Embassy Suites yield and occupancy levels. He then commented on his survey of hotel facilities in Downey and surrounding cities the increase in utilities collected by the City after Mr. Parekh's property was renovated. He noted the reference in the Sedway and ERA Reports about the effects on hotel business with the closure of Boeing, stating he felt it might actually be a benefit for the City. He hoped the project would move forward. Lennie Whittington, 8542 Manatee Street, stated the reason he and Mr. Parekh received notice was because he put their names on the mailing list to receive notices. There being no one else to speak, it was moved by Council Member Lawrence, seconded by Council Member Winningham, and so ordered to close the hearing. Council Minutes 1/11/00 -7- . y � 3 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE LAKEWOOD/FIRESTONE SPECIFIC PLAN 91 -2 (SP- 91 -2A) AND DENYING THE APPEAL The Ordinance was read by title only. It was moved by Council Member Winningham, and seconded by Council Member McCaughan, to waive further readin g and introduce. (see restated motion below) Council Member Winningham mentioned this was one of the first issues he heard after being elected to the Council and researched it considerably, ultimately voting in favor, as he felt it was in the best interest of the City, is a good project, and brings a needed restaurant to Downey. Council Member Lawrence mentioned being on the Planning Commission when the initial request was heard from Mr. Parekh to expand his facility, noting it was turned down. When he obtained his franchise she was on the City Council and approved the request, allowing him to expand. She recalled the Planning Commission previously denied a request of the Greek Church to build a church on the Firestone Boulevard property, because they felt that next to the railroad tracks was not an appropriate place for a house of worship. It was also a prime retail area and at that time and was the only retail area that the City looked forward to developing. With Boeing leaving things have changed and this is why the General Plan and Specific Plans are reexamined from time to time to incorporate changes. She felt the new hotel will add to the stability of the neighborhood and will not negatively impact it. She favored removing Mr. Parekh's property as a conditional use and leaving it as a transitional use, if this is his wish. Council Member McCaughan echoed the comments of Council Member Lawrence and commended Mr. Parekh for doing a wonderful job with his property. He was in favor of amending the Specific Plan, noting it has allowed that area to develop in a way citizens appreciate and the amendment proposed will allow the progress to continue. In response to a request for clarification from Council Member Perkins, Mr. Vose stated the maker and seconder of the motion should clarify whether it includes eliminating reference to Mr. Parekh's property. Mr. Weiser confirmed that Mr. Parekh wished to have Section B, 3, removed from the Ordinance. He also clarified that as far as notice was concerned, Mr. Parekh did not receive notice of the issue as it directly deals with him. He received general notice regardin g the applicant. Council Member Perkins explained that based on testimony heard tonight and the clarification that the Days Inn Stonewood Motel does not want the conditional use permit, he will vote in favor of the amendment to the Specific Plan. Mayor McCarthy mentioned he appreciated the concerns of the property owners in the area and felt the commitment by Downey Hospitality Group gave him a comfort level in pursuing the project. He noted it is not the Council's position to restrict competition. Council Minutes 1/11/00 -8- 1 3 3 4 R yz It was moved by Council Member Winningham, seconded by Council Member McCaughan, and unanimously carried to waive further reading and introduce the Ordinance as amended by removing text in Sections 1, B, 3 and 1, D, 2, as they relate to Mr. Parekh's property, Subarea 4, and also changing the language in Section 3, Line 2, to "the two proposed amendments." RESOLUTION NO. 6317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 99 -29, A REQUEST TO PERMIT THE DEVELOPMENT OF A 94 -ROOM HOTEL AT 9066 FIRESTONE BOULEVARD, ZONED LAKEWOOD /- FIRESTONE SPECIFIC PLAN 91 -2 The Resolution was read by title only. It was moved by Council Member Winningham, seconded by Council Member Lawrence, and unanimously carried to waive further reading and adopt. RESOLUTION NO. 6318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING TENTATIVE PARCEL MAP NO. 25643 FOR PROPERTIES AT 9066 FIRESTONE BOULEVARD, ZONED LAKEWOOD/FIRESTONE SPECIFIC PLAN 91 -2 The Resolution was read by title only. It was Moved by Council Member Winningham, seconded by Council Member Lawrence, and unanimously carried to waive further reading and adopt. The meeting recessed at 9:36 p.m. and reconvened at 9:45 p.m. with all Council Members present. ORAL COMMUNICATIONS: None CONSENT CALENDAR - ITEMS FOR REMOVAL: Agenda Item VI - - GEOGRAPHIC INFORMATION SYSTEM UTILITY CONVERSION CONTRACT, was removed at the request of Mr. Caton. CONSENT CALENDAR Council Member Lawrence requested corrections to the Minutes of the Adjourned Regular Meeting of December 6, 1999, referring to comments made by Joseph Di Loreto on Page 3, stating she wished to insert the wording "a Superior Court Judge who stated he was speaking as a private citizen and not a Judge" and also. on Page 4, Paragraph 3, to add the wording "she felt the return of four longtime incumbents to the Downey Unified School District Board showed an inconsistency in public attitude regarding term limits and what makes up good government and that is why she wanted to have the dialogue." Council Minutes 1/11/00 -9- 33 It was moved by Council Member Winningham, seconded by Council Member McCaughan, and unanimously carried, with the amendments to the Minutes of December 6, 1999, to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED REGULAR MEETING DECEMBER 6, 1999, (as amended); ADJOURNED AND REGULAR MEETINGS, DECEMBER 14, 1999; AND SPECIAL CALLED MEETING DECEMBER 22, 1999: Approve. WARRANTS ISSUED: NO. 4378 — 5205, $2,300,550.87: Approve. RENEWAL OF AGREEMENT WITH WASHINGTON, D.C. CONSULTANT SISCORP, INC.: Authorize staff to execute an agreement for consulting services between the City and SISCORP, Inc.: Approve. CODE AMENDMENT NO. 99 -64 -- A CODE AMENDMENT TO REMOVE AMBULANCE SERVICE AS A PERMITTED USE IN THE HM (HOSPITAL MEDICAL -ARTS) AND C2 (GENERAL COMMERCIAL) ZONES; AND ADDING AMBULANCE SERVICES AS A USE SUBJECT TO A CONDITIONAL USE PERMIT IN THE IIM, C2 AND Ml (LIGHT MANUFACTURING) ZONES: Set the public hearing for 7:30 p.m., January 25, 2000, in the Council Chamber of Downey City Hall: Approve. CONTINUATION OF SPECIAL SERVICES AGREEMENT OF LAW FIRM SELECTED FOR SPECIFIC PERSONNEL RELATED MATTERS: Authorize the City Manager to execute the agreement for special services between the City and the law firm of Filarsky & Watt: Approve. AGREEMENT WITH DMG- MAXIMUS, INC., FOR FIRE CHIEF RECRUITMENT SERVICES: Approve. FIRE DEPARTMENT EMERGENCY MEDICAL SERVICES (EMS) DIVISION VEHICLE LETTERING: Approve affixing the slogan "Quality Service Compassionate Care" and that the slogan be affixed on all EMS Division vehicles: Approve. 5 -YEAR CONSOLIDATED PLAN FOR FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANTS: Set the public hearing for 7:30 p.m., February 8, 2000, in the Council Chamber of Downey City Hall: Approve. RESOLUTION NO. 6319 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MEREDITH H. PERKINS TO THE BOARD OF TRUSTEES OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT Council Minutes 1/11/00 -10- 133 RESOLUTION NO. 6320 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING STATE - DOWNEY MASTER AGREEMENT NO. 000332, COVERING FUNDS FROM THE STATE TRANSPORTATION IMPROVEMENT PROGRAM (ST1P) RESOLUTION NO. 6321 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF DOWNEY APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 0206 TO STATE - DOWNEY MASTER AGREEMENT NO. 000332, COVERING PRELIMINARY ENGINEERING COSTS FOR PAVEMENT REHABILITATION ON VARIOUS STREETS WITHIN THE CTTY OF DOWNEY, FUNDED BY THE 1998 STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) AUGMENTATION FUND RESOLUTION NO. 6322 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING CONRAD STREET AS A THROUGH STREET AT ITS INTERSECTION WITH MONTGOMERY AVENUE RESOLUTION NO. 6323 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING BLODGETT AVENUE AS A THROUGH STREET AT ITS INTERSECTION WITH MORY STREET ORDINANCES DOWNEY MUNICIPAL CODE AMENDMENT RELATING TO SPEED LIMITS FOR PARAMOUNT BOULEVARD, DOWNEY AVENUE, AND BROOKSHIRE AVENUE Mr. Alvarez explained the California Vehicle Code requires a periodic engineering traffic survey be conducted for non- residential streets to allow for enforcement by radar. He reviewed sections of Paramount Boulevard, Downey Avenue and Brookshire Avenue where speed limits will remain the same and sections were the speed limit will either increase or decrease. Council Member Winningham inquired if all traffic readings in the report were taken between the period between 3:30 p.m. and 3:50 p.m. and the response was yes. He asked if criteria for reviewing the speed limits was related to the percentage of accidents and was informed that is taken into consideration along with looking for the average speed limit on that roadway and any site distance issues. Council Minutes 1/11/00 -11- 1 3 3 4., 2 Mayor McCarthy referred to the two proposed speed limit decreases on Downey Avenue between Florence Avenue and Fifth Street and from Fifth Street to Firestone Boulevard and inquired if it would be more consistent for drivers to drive at the 25 miles per hour limit from Florence Avenue to Firestone rather than having another reduction at the mid point. Mr. Alvarez replied the survey justifies lowering the speed limit from 35 to 30 miles per hour in the one segment but does not justify lowering it to 25 miles per hour, while traffic does drive at around 25 miles per hour in the other segment. Mayor McCarthy suggested inserting textured pavement or bumps to indicate reduced speed in the downtown area to accommodate foot traffic and was informed this area can be revisited when the City finalizes the Downtown improvements on Downey Avenue. Mayor McCarthy expressed concern with the increased speed limit on Brookshire Avenue between Imperial Highway and Gardendale Street, noting a school crossing on Devenir Street that is unmarked. He inquired if it is mandated the speed be increased. Mr. Alvarez explained the speed is mandated by the engineering and traffic survey, advising if the Council approved the Ordinance and removed this segment, the traffic surveys would be out of date, traffic would be excessive in that area, and the City would not have the ability to utilize radar enforcement. Mayor McCarthy asked the Police and Engineering Departments to monitor this section of Brookshire Avenue. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS FOR PARAMOUNT BOULEVARD, DOWNEY AVENUE, AND BROOKSHIRE AVENUE The Ordinance was read by title only. It was moved by Council Member Winningham, seconded by Council Member Lawrence, and unanimously carried to waive further reading and introduce. RESOLUTIONS: None ADMINISTRATIVE REPORTS: None OTHER BUSINESS - Consent Calendar - Items removed by Council Approval GEOGRAPHIC INFORMATION SYSTEM (GIS) — UTILITY CONVERSION CONTRACT Mr. Caton mentioned receiving a letter this afternoon from attorney Gregory Brittain protesting the award of this contract to Engineering Systems. He noted copies were given to the Council and asked Mr. Brittain to come forward and present his protest. Council Minutes 1/11/00 -12- 133 . Chris Banner, Vice President, Nobel Systems, 25041 Devon Lane, Mission Viejo, explained that Nobel Systems is a GIS conversion company and requested the Council either not take action or reconsider awarding the contract to Engineering Systems. He referenced the letter submitted by Mr. Brittain, stating reasons he did not feel it was fair or in the best interest of the City to award the contract to Engineering Systems. Nobel Systems submitted their bid three months ago and have since been requested verbally to rebid price, specifications, and scope on the work five separate times, noting the contract amount listed on the Agenda is the price that Nobel Systems originally bid. He also claimed a section of the contract was taken directly from Nobel Systems' technical proposal. He commented on business Nobel has conducted for other cities and requested the Council reconsider this item. Council Member Lawrence requested the item be continued. Mr. Alvarez reviewed the City's request for proposals to convert its utility database and other miscellaneous items for the GIS system, noting proposals were received from three firms. He mentioned negotiations led to various modifications in the scope of work as different elements of the contract were worked out and that one firm then dropped out. When the item was close to being finalized in December, it was reviewed and wording for the parcel database was found to not be satisfactory. The recommendation was then to award the contract to Nobel Systems, but when contacted about the problem with the parcel database, they requested additional money and staff advised that the City would go back to all the vendors for rebids. The result of the final revised proposal was that Engineering Systems bid $299,984 and Nobel Systems $330,000. The decision was made to award the contract to Engineering Systems. A letter was received on Monday from Nobel Systems bidding the same price as Engineering Systems, but the Agenda cut off date had already passed. He felt staff acted in good faith in their attempt to obtain the best deal for the City. Mayor McCarthy referenced the term in Mr. Brittain's letter "shopping the contract" and asked if competition discussions went on with the two firms remaining in the bidding process and was advised this was correct. Mr. Alvarez said the term is used in a totally different concept when a request for bids (RFB) is sent out for professional services. The intent for professional services is to negotiate a contract and select the firm that gives the highest value for the dollars paid, which has been the effort exercised here. It was moved by Council Member Perkins, seconded by Council Member McCaughan, and unanimously carried to award a contract to Engineering Systems in the amount of $299,984 to provide Utility Conversion services for use in the City's Geographic Information System (GIS), and to appropriate $299,984 from the Waste and Stormwater Fund for said services. Council Minutes 1/11/00 -13 - 133 OTHER BUSINESS - Council Members CONSIDER CONTRACTING -OUT TO UPDATE THE 1973 PUBLICATION OF THE "HISTORY OF DOWNEY" Council Member McCaughan referred to the publication "History of Downey ", noting it culminates in 1973 and advised he would like to create a subcommittee to look at the possibility of updating this information. Council Member Perkins stated he was in favor and recommended the subcommittee include Council Members Lawrence and McCaughan. Council Member Lawrence accepted the nomination, noting it will take time to do this project. She explained there is minimal data from World War I through the Korean War in the current book because they did not have newspapers to research. The Downey Historical Society now has those newspapers, which can be microfilmed, she suggested this be included in the project. She noted the Year 2000 is the 150 Anniversary of the State of California and also when John Downey came to Los Angeles County. Mayor McCarthy stated he was in support but felt the City has many ongoing projects and that this matter could wait. It was moved by Council Member Perkins, seconded by Council Member Winningham, and carried by the following vote to establish a subcommittee of Council Members Lawrence and McCaughan, for the consideration of updating the History of Downey publication. AYES: 4 Council Members: Winningham, Lawrence, McCaughan, Perkins NOES: 1 Council Members: McCarthy PROPOSED FRONT YARD CODE AMENDMENT Council Member McCaughan mentioned raising this topic before and felt the City needs a definition on what can and cannot be done in a front yard. He referred to Figures 1 and 8 in the staff report, citing various situations where loopholes in the Municipal Code have been applied to utilize the area behind the front yard setback for storage. which detracts from the City's neighborhoods. He referred to surrounding cities as examples of how it can get out of hand. Council Member Lawrence stated she resisted this issue before and cited reasons why she still does: Enforcement capabilities for existing Ordinances; she does not have data on the percent of instances; and there are neighborhoods in the City where homes block access to the back yard because of construction methods used in the late 40's, early 50's, where homes were built with one -car garages and short driveways and these citizens do not have a place to park. Until she knows how many housing tracks would be impacted, she did not want to proceed. She referred to tent -like structures she has viewed in front yard areas and felt these should be investigated now, as they could pose a fire hazard. Council Minutes 1/11/00 -14- 1 3 r Council Member McCaughan commented that staff would not research this information until given direction. He referred to how this was handled in the City of Cerritos and felt staff needs direction to review it before it gets out of hand. Council Member Perkins was in favor of directing staff to review this issue and cited situations in his own neighborhood. Council Member Winningham noted receiving many calls on this issue and was in favor of establishing a subcommittee to review it further. Mayor McCarthy indicated he has not received any calls on this issue, noting it will have to be addressed carefully to allow property owners their rights. He mentioned prior discussion of this topic included the recommendation to survey surrounding cities, and how it would affect special interest groups, such as the Good Sam Club (for recreational vehicles), noting this information was not provided. He requested this information and stated he was in support of review by a subcommittee. Council Member Perkins recommended Council Members McCaughan and Winningham for the subcommittee. It was moved by Council Member Perkins, seconded by Council Member Winningham, and unanimously carried to create a subcommittee to investigate the maintenance of front yards. Council Member Perkins wished everyone a Happy New Year. Council Member Perkins extended congratulations to new Police Chief Finch and the three officers who were promoted. Council Member Perkins mentioned having the opportunity in December to visit the location of the Rose Float Association where the Downey float was placed on the trailer for transportation to the site of the Rose Parade route and complimented everyone involved with the float. He noted attending a League of California Cities meeting where he was complimented for the outstanding float from Downey. Council Member Winningham also commended the Downey Rose Float Association and expressed pride in this year's float, which was a step up in class for the City. Council Member Winningham welcomed Police Chief Finch. Council Member Lawrence thanked the Fire Department for going to the aid of the recent brush fires and for returning safely. Council Member Lawrence thanked the City for getting through Y2K without coming to a halt. Council Minutes 1/11/00 -15 - 13 r 6 Council Member Lawrence expressed amusement at press coverage in a metropolitan paper for its comments on the amount of money spent by the City for Y2K since nothing happened, and then questioned why the City did not spend money for fireworks or other type of celebration. She noted staff worked very hard at the Emergency Operations Center to make sure things ran smoothly. Mayor McCarthy mentioned being at the Emergency Operations Center on New Year's Eve, noting police vehicles were on patrol throughout the City, and expressed his appreciation for the efforts of the Public Service and Public Safety Departments Mayor McCarthy noted he anticipates giving recognition to the Downey Rose Float Association at the next Council Meeting for their efforts and expects Miss Downey and her court to be present. Mayor McCarthy mentioned a photo exhibit honoring the 30 Anniversary of the Apollo 12 NASA Mission, which is being held at the Gallery at 777 South Figueroa, Los Angeles. OTHER BUSINESS - Staff Members Mr. Caton congratulated new Police Chief Finch. Mr. Caton thanked the Council for approving the use of a recruitment firm for a new Fire Chief, noting Interim Chief Irwin is now on contract, having retired January 3, 2000, after 36 years with the City. Mr. Caton commended the City's two Washington consultants, E. Del Smith and Jim Dykstra, who have been working very hard on the City's behalf. He mentioned Mr. Dykstra was instrumental in obtaining $4 million for the City's Space Museum project, noting Mr. Dykstra worked on the original shuttle mockup, which cost $3.4 million to build and was recently purchased by the City for $3,200. Mr. Caton stated the Council now has a record number of subcommittees working and staff will try to keep them all staffed properly. Mr. Caton thanked the remaining audience members for attending the entire meeting. ADJOURNMENT: 10:45 p.m. The meeting was adjourned in memory of Frank Wei, Design Review Board Member; and Dominick Gallucci, brother of Economic Development Department employee Debbie Cowell, to 7:30 p.m., January 25, 2000, in the Council Chamber of Downey City Hall. 1 ie"�sr a...e.. - ., i „� •_,! ;f ., .,.- ! '°^.•y am . f- City Clerk Keith McCarthy, Mayor Judith L. McDonnell, City C e y y , H:\CCLERK\SCONT :MINUTES \CCMN01 1 1 Council Minutes 1/11/00 -16- —