HomeMy WebLinkAboutMinutes - 09-12-95 - Regular Meeting MINUTES OF TH[ CITY COUNCIL
OF THE CITY OF DOWIE Y
SEPTEMBER 12, 1995
T A B L E O F M I N U T E A C T I O N S
SUBJECT ACTION PAGE N3.
Certificate of Appreciation to Robert Shand for
service on Emergency Preparedness Comm., Dist. 5 1
-�- Proclamation re September 17 -23 as National Emblem
C I ub Week 1
Joint hearing of Council & Community Development Comm.
re Krikorian Theatre Project 1
Res. #5902 of City Council approving Disposition &
Dev el opment Agmt. bet. Community Dev . Comm. & Krikorian
Premiere Theatres, Inc., dated 9/12/95, for redevelop-
ment of property bounded by La Reina Av., Third St.,
New St . & Second St . Adopted 5
Res. #5903 of City Council approving Shared Use
Parking re Multi -Pl ex Motion Picture Theater and
Restaurant in the Central Business Dist. Adopted 5
Res. #5904 of City Council providing for Payment
of a Fee in lieu of certain Off- Street Parking in
conjunction with a Multi -Pl ex Motion Picture Theater
& Restaurant in a Parking Assessment Dist. Adopted 6
Res. #261 of Community Development Comm. approving
Disposition & Development Agreement by & between the
Commission & Krikorian Premiere Theatres, I n c . , for
redevelopment of certain property within the Downey
Redevelopment Proj. Area bounded by La Reina Av.,
Third St . , New St . , & Second St . Adopted 6
Mr. Lennie Whittington re Brown Act & discussing
items not on agenda 6
Hearing on Proposed Code Amendment re Business
License Fees - Solid Waste Disposal Facilities Cont. to 9/26 7
Items removed from Consent Calendar 7
Council Minutes: Adjourned & Reg ul ar Meetings,
August 22, 1995 Approved 7
Cash Contract #SS -465, Phase I I - Misc. Curb, Gutter
and Sidewalk Repairs: Approve plans, specifications
and grant authority to advertise for bids Approved 7
Warrants Issued: #113503 - 114128 Approved 7
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COUNCIL MINUTES, SEPTEMBER 12, 1995
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE ND.
Community Development Block Grant Subrecipient Agnt .
w /Downey Unified School Dist. for $50,000 in 1995-96
CDBG Funds Approv ed 7
Res. #5905, approving Final Subdivision Map of Parcel
Map #24209 (8610 -26 Firestone Bi .) , approving Agreement
with Subdivider & accepting Irrevocable Standby Letter
of Credit in Lieu of Surety Bonds Adopted 8
Res. #5906, approving Appointment of Maria J. Larkin
to Emergency Preparedness Comm., Council Dist. 5 Adopted 8
Ord. approving Zone Change #95 -37 for property at
7100-7170 Firestone Bl . & 11530 Ryerson Av. zoned
M -1 /PB (Light Mfg. & Parking Buffer) to C -M
(Commercial -Mfg.) & certifying negative decl aration Cont. to 9/26 8
Res. #5907, overturning Planning Comm. decision to
not file Notice of Intent to record Notice of Violation
for propertiesinvolved in Lot Split #505 (8632 Golden)
13410 Dempster Av. & 13416 Dempster Av. Adopted 10, 11
Report on Shopping Cart Retrieval Program Rec ./ fi 1 ed; Apprvd.
1 -wk. amnesty to pick
up carts w/o charge 11
Approval of Schematic Design Pl an for Community /Senior
Center & Gymnasium Project & authorize architect to
prepare construction documents to complete expanded
project in order to expedite development Approved 11
Collection of Gas Bills at City Hall Cont. to next mtg. 12
Cn . Riley re appreciation for Concerts in the Parks 12
Cn. Riley compl invented Downey Pol ice Esquestri an patrol 12
Cn . Ri 1 ey re follow -up report on m i s l e a d i n g telephone
solicitations that did not involve Downey Pol ice Dept. 12
Cn. Lawrence commented on NASA program w /Dan Goldin as
speaker 12
Cn . Lawrence re status of Dol 1 i son Soundwal 1 proj ect 12
Cn. Lawrence noted dispute involving one property owner
tapping security lights into neighbor' s electricity line
Cn. Lawrence re unsightly condition of commercial
property on SE corner Paramount /Firestone & noted that
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unsightly lots are not welcome introduction to City 12
Page 2 of 3
COUNCIL MINUTES, SEPTEMBER 12, 1995
TABLE OF MINUTE ACTIONS (CONT.)
SUBJECT ACTION PAGE NO.
Mayor McCaughan requested statistics on number of
warnings or citations issued for vehicles parked on
front lawns 12
Mayor McCaughan commented re horse & bicycle patrols 12
Mayor McCaughan re positive comments about seatbelt &
.._... sobriety checkpoints 12
Mayor McCaughan complimented prompt response by City
staff to broken water main at Paramount /Firestone 12
Cn. Riley complimented work on RR crossings 12
Mr. Caton commented re excel 1 en t job performed by
Public Works Dept. in repairing broken water main at
Paramount & Firestone 13
Mr. Caton complimented efforts of Economic Development
staff in organizing meeting with NASA & Mr. Goldin as
speaker 13
Adjournment in Memory of Mr . Ed H. Lewis, former member
of Planning Comm., Water Comm. & Alameda School District
Board 13
Meeting adjourned to 6:30 p.m., September 26, 1995 13
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a '
t MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWN Y
SEPTEMBER 12, 1995
The City Council of the City of Downey held a regul ar meeting at 7:30
p .m . , September 12, 1995, in the Council Chamber of the Downey Ci ty Hal 1 , Mayor
Gary P. McCaughan presiding.
PRESENT: Council Members:
Gary P. McCaughan , M.D. Mayor ..-�
Joyce L. Lawrence Mayor Pro -Tem
Diane P. Boggs
Robert S. Brazel ton
Barbara J. Riley
ALSO PRESENT: Gerald M. Caton, Ci ty Manager
Cheryl J. Kane, City Attorney
Judith McDonnell , City Cl erk - Treasurer
Lee Powel 1 , Assistant Ci ty Manager
Greg Caldwell , Pol ice Chief
James Jarrett, Director of Community Services
Art Rangel, Director of Economic & Community Development
Richard Redm ayn e, Director of Pu b l ic Works
Lowell Williams, Director of Finance
Robert Brace, City Engineer
Cl inton Crosby, Battal ion Chief
Chris Roberto , Purchasing Manager
Ed Velasco, Housing Manager
Ron Yoshi ki , Asst . Director of Community Dev ./ Ci ty Planner r
June Yotsuya, Assi stant to the City Manager
Joyce Doyl e, Deputy Ci ty Cl erk
PRESENTATIONS
Council Member Lawrence presented a Certificate of Appreciation to Robert
Shand for serving on the Emergency Preparedness Committee, Di strict 5.
Mayor McCaughan presented to Nancy Watson, President of the Downey Embl em
Cl ub , a Proclamation declaring September 17 -23, 1995, as National Emblem Club
Week.
HEARINGS
At this time, the Community Devel opment Commission convened in joint
session with the City Council.
Mayor /Chairman McCaughan opened the joint publ ic hearing between the
Council and Commission on the 1.4 ACRE VACANT LOT BOUNDED BY LA REINA AVENUE,
THIRD STREET, (SEW STREET, AND SECOND STREET, INVOLVING A MITIGATED NEGATIVE
DECLARATION, DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMISSION AND
KRIKORIAN PREMIERE THEATRES, INC., SHARED -USE PARKING RESOLUTION AND IN -LIEU
PARKING FEE RESOLUTION.
Council Minutes 9/12/95 -1-
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Ms . McDonnell affirmed receipt of the Proof of Publication. It was moved
by Council Member Boggs , seconded by Council Member Lawrence, and so ordered to
receive and file.
Prior to giving the staff report, Mr. Rangel distributed revised copies of
the proposed Resolutions, noting a problem occurred during the photocopying
process; also excerpts from the staff report have been copied and made
available for the public's review during this hearing. Mr. Rangel then went on
to explain the primary goal of this project is to encourage development in
downtown Downey and to provide needed theatre entertainment in the City. Thi s
project is designed to complement current downtown uses and minimize traffic
impacts. He reviewed the City's purchase of the subject property and subse-
quent proposal for a multi-theatre project, approval for which was later
overturned through the referendum process. With the aid of slides, Mr. Rangel
described the site location and current proposal of Mr. Krikorian to build a
9- screen theatre complex. He highlighted the following points of the proposal:
Krikorian w i l l pay $600,000 for the property, $100,000 over appraised value;
the theatre is 32% smaller than previously proposed; the Disposition and
Development Agreement provides for a substitution of property in the event a
decision is made to construct the theatre on Second Street instead of Third
Street, which would require public hearings before the Parking Place Commission
and notification of all property owners in the parking assessment district;
399 -409 parking spaces will be provided; there will be space for a restaurant
not to exceed 6,500 square feet; parking will meet all City requirements; there
wi 11 no closure of Second Street; there wi 11 be no property tax rebate to
K r i k o r i a n ; K r i k o r i a n will pay $480,000 in-lieu fees to provide parking not
provided by shared parking with Cardono Square; the City will construct a 210-
220 space two -level public parking structure adjacent to the theatre and
restaurant; the theatre will have off -peak hours of operation and is not
expected to adversely impact the resi-dential areas north of Third Street with
regard to traffic or parking. Mr. Rangel discussed estimated revenues to the
City as a result of this project. In conclusion, he pointed out that in the
past two years, nothing new has happened to revitalize downtown Downey; yet,
new theatres are being built to revitalize areas in other cities. This theatre
project will be a badly needed catalyst to revitalize the aging downtown area.
When asked if any items of correspondence had been received, Ms. McDonnell
indicated letters were received from Mary Rector; Pat Gomez; Donna and Gerard
Eads; and John and Roberta Croshaw, all in support of the project.
It was moved by Council Member /Commissioner Boggs, seconded by Council
Member /Commissioner Lawrence, and so ordered to receive and file.
Mayor /Chairman McCaughan asked the applicant or his representative to come
forward and present the case.
Council Member /Commissioner Lawrence noted a letter of support was also
received from a Mr. Halstead, and she will provide a copy to the City Clerk.
Mr. Timothy O'Byrne, P.O. Box 827, Murrieta, Director of Development and
house attorney for Krikorian Theatres, introduced other members of Krikorian
Premiere Theatres present in the audience, who are professionals available to
answer any specific questions of the Council /Commission.
Mr. George K r i k o r i a n , 119 West Torrance Boulevard, Suite One, Redondo
Beach, distributed copies of renderings of the proposed project and offered
some statistical background concerning he corporation and theatre projects in
Council Minutes 9/12/95 -2-
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other areas. He said this would be a first quality entertainment facility and
add substantially to the City of Downey for all of its citizens. It is a
community, not regional project. It will create approximately 40 new jobs for
primarily high school and college students. Mr. Kri korian then offered further
information regarding the various discount and activities the Theatre provides.
Mayor/Chairman McCaughan asked for a show of hands of persons interested
in addressing the Council /Commission either for or against the project. He
then established a five - minute time limit per speaker and asked speakers in
favor to come forward and make their comments. The following persons spoke:
Dr. John Sims, 8232 Third Street, across the street from the proposed
development, feels that if this project is not completed, nothing will happen
in the downtown area.
Mr. Jim Derry, 7845 Fourth Street, mentioned seeing many of his friends
while visiting theatres and restaurants in other communities and encouraged
approval of the project to begin revitalization of the downtown area.
Mr. Ed Di Loreto, Downey resident for over 40 years , is ombudsmen for
Citizens for Downey, encouraged setting aside any differences and supporting
the project.
Ms. Michele Ahrens, 10060 S i d ev i e w Drive, mentioned taking her two sm al l
children to theatres in other communities. She supported this project and
keeping revenue in Downey, both for the City and the schools.
Mr. Greg Fuller, 11131 Brookshire Avenue, President of Downey Chamber of
Commerce, represented unanimous vote of the Chamber Board in support of the
project as a jump start for revitalization of the downtown area. He applauded
the Council , staff and Mr. Kri korian' s efforts to keep the project alive.
Ms. Christine Flutts, 9362 Suva Street, said the project would provide her
children with a theatre to attend in their own city. She al so encouraged
keeping revenues in the City.
Ms. Betty Ferraro, 7605 Second Street, speaking as a member of the
community, commended Mr. Krikorian for going forward with his project. She
supported the theatre for families and children of the community.
Ms. Margot Hoffer, 10329 B i rc hd al a Avenue, speaking on behalf of board
members of the Downey High School PTA, said they are tired of driving their
children to other communities to go to the movies.
Ms. Dorothy Pemberton, 7332 Country Club Drive, stressed the importance of
cities to provide needed services for the citizens and encouraged approval of
this project.
Mr. Robert Bryant, 7231 Luxor Street, spoke as a father of two young
children who want to go to the movies in Downey by way of the Downey Link
transit system.
Ms. Gloria Heer, 10257 Rives Avenue, is proud of the recreation services
provided by the City. She mentioned the recent street faire and
P y questionaire
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asking people what they wanted for Downey; the most common response was for
more movie theatres and restaurants. She said this project will be opening the
gateway of wonderful things for the City.
Council Minutes 9/12/95 -3-
Mr . Bob Co mac k , 9632 La Re i n a Av en ue , former Mayor and Co unc i 1 Member ,
commended the Council and citizens group that continued to support this
project.
Mr. George Hol iday, 8511 Otto Street, said he is a strong advocate of
redevelopment of the City and has actively supported this project's
resurrection. He encouraged the project to go forward without delay.
Miss Katie Barnes, 9220 La Reina Avenue, student of Griffiths Middle
School , was joined by three of her friends in support of this project for the
students of her school
Mr. Matthew Pizzo, 9420 Ciro Street, said the vacant courthouse site needs
to be revitalized, and he complimented Mr. Krikorian for perservering with this
project.
Mr. Brian Ga sd i a , 7832 Fourth Street, indicated this project will preserve
and revitalize the downtown area and provide needed theatre entetainment for
his children to enjoy. He urged visiting other cities that have used theatres
as a catalyst to bring life back into their downtown areas.
Mr. Angelo Cardono, 9221 Rives Avenue, noted the investment he has made in
the downtown area, expressed pride in the agreement he has entered into with
Mr. Krikorian to provide for shared parking in the downtown area, and urged
Council's support of the project.
Ms. Marion Perumean , 10702 LaReina Avenue, spoke as a resident of the
neighborhood near this project and commented regarding her attendance at
theatres in communities, which do not attract mischief or other negative
elements. She encouraged Council's approval of this project.
There being no one else to speak in favor, Mayor /Chairman McCaughan asked
if anyone wished to speak in opposition. The following persons came forward:
Ms. Jean Rytel , 10314 Casanes Avenue, questioned the City's financial
involvement in the project and how long it will take the City to recoup those
costs. Considering the tight budget, she does not see this as an advantage for
the City.
Mr. Lennie Whittington, 8542 Manatee , indicated he was not against the
project but expressed concern that neither the DDA or the resolutions contained
information regarding the $480,000 Krikorian would pay in in -lieu fees. He
also questioned Mr. Cardono approving a shared parking agreement with Mr.
Krikorian dated February 15, 1995, prior to Council adopting a Shared Parking
Ordinance on July 11, 1995. Also, the shared parking agreement would allow Mr.
Cardono to withdraw from the agreement in four years, and if this occurred,
there is no contingency to provide parking for patrons of the restaurant and
theatre.
Ms. Bonnie West, 7413 Quinn, said she was not opposed to the project but
expressed hope that the individual theatres would be larger in size with
surround sound.
Rebuttal time was granted to the applicant, at which time Mr. O'Byrne
responded to concerns raised by previous speakers. He indicated staff has
taken a fiscally positive approach to this project that wi 11 benefit the City.
Council Minutes 9/12/95 -4-
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Mr. Caton, Mr. Rangel , and Ms . Kane responded to concerns rai sed by some
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of the speakers and assured them that these matters have been specifically
addressed by the City.
It was mov ed by Council Member /Commissioner Ri 1 ey, seconded by Council
Member /Commissioner Boggs, and unanimously carried to close the hearing.
RESOLUTION NO. 5902
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW I`E Y
APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN TI-E CO4IUNITY
II E VE LO PME NT COMMISSION OF THE CITY OF DOW ICE Y AND KR I KOR IAN
PREMIERE THEATRES, INC., A CALIFORNIA CORPORATION, DATED
SEPTEMBER 12, 1995," FOR TIE REDEVELOPMENT OF CERTAIN
PROPERTY WITHIN THE DOWf'EY REDEVELOPMENT PROJECT AREA
GEtERALLY BOUNDED BY LA REINA AVENUE, THIRD STREET,
(SEW STREET AND SECOND STREET
The Resolution was read by title only. It was moved by Council Member
Riley, seconded by Council Member Boggs, and unanimously carried to waive
further reading and adopt.
Prior to the foregoing vote, Council Member Boggs commented on theatres
and restaurants she has visited in other cities because they are not available
in Downey. She pointed out this is a different project than proposed several
years ago and that anyone concerned at that time can feel comfortable with the
current roject. The poll of the street faire was indicative that this type of
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facility should be made available to the community a pP ort .
Council Member Lawrence feels this project responds to the concerns of the
community raised on the previous proposal; it is smaller, simpler, and there is
a place for a restaurant. She willingly supported this project.
Council Member Brazelton indicated his support for the theatre project,
noting he and Mayor McCaughan were involved in the negotiations. He feels the
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contract is solid, provides appropriate protection, and he believes the project
will be beneficial for the downtown area.
Council Member Riley complimented the young people who addressed the
Council this evening. She supported the project not only for the younger
generation but al so for the more mature members of the community.
Mayor McCaughan feels it is time to put the past behind and move forward
in a positive effort.
RESOLUTION NO. 5903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNY
APPROVING SHARED USE PARKING IN CONJUNCTION WITH A
MILT I -PLE X MOTION PICTURE THEATER AND RESTAURANT IN THE
CENTRAL BUSINESS DISTRICT
The Resolution was read by title only. It was moved by Council Member
Lawrence, seconded by Council Member Riley, and unanimously carried to waive
y
further reading and adopt.
Council Minutes 9/12/95 -5-
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RESOLUTION NO. 5904
A RESOLUTION OFT
HE CITY COUNCIL OF TEE CITY OF DOW NE Y
PROVIDING FOR TFE PAYMENT OF A FEE IN LIEU OF CERTAIN
OFF- STREET PARKING IN CONJUNCTION WITH A MULTI -PLEX
MOTION PICTURE THEATER AND RESTAURANT IN A PARKING
ASSESSMENT DISTRICT
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The Resolution was read by title only. It was moved by Council i1 Member
Boggs, by seconded b Council Member Lawrence, and unanimously carried to waive
further reading and adopt.
RESOLUTION NO. 261
A RESOLUTION OF TEE C OIII UN IT Y DEVELOPMENT C O*I IS S I O N OF THE CITY
OF DOW NE Y APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN TEE COMMUNITY DEVELOPMENT
COMMISSION OF TFE CITY OF DOW ICE Y AND KR I KOR IAN PREMIERE THEATRES,
INC. , A CALIFORNIA CORPORATION, DATED SEPTEMBER 12, 1995," FOR THE
REDEVELOPMENT OF CERTAIN PROPERTY WITHIN TEE DOW NE Y REDEVELOPMENT
PROJECT AREA GENERALLY BOUNDED BY LA REINA AVENUE, THIRD STREET,
PEW STREET AND SECOND STREET
The Resolution was read by title only. It was moved by Commissioner
Riley, seconded by Commissioner Lawrence, and unanimously carried to waive
further reading and adopt.
Mayor/Chairman McCaw han recessed the Community Development Commission
McCaughan
of the meeting.
Mayor McCaughan declared a recess from 9:08 p.m. to 9:22 p.m. The meeting
reconvened with all Council Members present.
ORAL COMMUNICATIONS
Mr. Lennie Whittington, 8542 Manatee, referrred to the Si ster City
Association presentation made at the last Council Meeting, which did not appear
on the agenda, and distributed copies of Section 54954.2 of the Brown Act and
the Attorney General's opinion regarding these matters. He specifically noted
that Section 54954.2 states "no action or discussion shall be undertaken on any
item not appearing on the agenda." He then disagreed with Council Member
Lawrence's comment that there was no discussion by the Council nor any action
taken , and spoke against any policy to continue this practice.
HEARINGS (cont.)
Mayor McCaughan opened the hearing on PROPOSED CODE AMENDMENT RELATING TO
r4USINESS LICENSE FEES - SOLID WASTE DISPOSAL FACILITIES.
Ms. McDonnell affirmed receipt of the Proof of Pubi ication. It was moved
by Council Member Riley, seconded by Council Member Boggs, and so ordered to
receive and file.
Mr . Caton noted a request has been received from Cal san to continue thi s
hearing to the next regular meeting. Staff has no objections.
Council Minutes 9/12/95 -6-
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Mr. Jeff Duhamel , Project Manager for Cal san, requested a continuance to
allow additional time for reviewing the financial impacts.
Ms. Kane advised that since the public hearing has been noticed for this
time and place, and while the hearing can be continued, it would be appropriate
to take testimony if someone is present for that purpose.
Mr. Powell gave the staff report and explained the requirement to conduct
two separate public hearings on this matter. The Ordinance has been drafted
with comments from Cal san, and staff will again meet with Cal san representa-
tives to discuss their concerns.
There was no correspondence received on this matter.
Mayor McCaughan asked if there was anyone present to speak for or against
the proposed Code amencinent.
Mr. Lennie Whittington, 8542 Manatee, said the staff report references
conversations with Cal san and resulting changes to the Ordinance, and asked if
the Ordinance was drafted specifically for Cal san. He pointed out there are
other commercial haulers in the City, and he requested clarification.
Mr . Caton said this pertains to a solid waste facility proposed by Cal san.
There is an environmental document being prepared that this could have an
impact on the City's resources, which could result in costs to the City. The
proposal is to place a charge on the new facility and reimburse the City for
those costs. To his knowledge, this would not impact any other hauler in the
City unless they intended to create a materials recovery facility.
There being no one el se w i s h i n g to speak, it was moved by Council Member
Riley, seconded by Council Member Boggs, and unanimously carried to continue
the hearing to 7:30 p.m., September 26, 1995, in the Council Chamber of Downey
City Hall.
CONSENT CALENDAR - ITEMS FOR REMOVAL
At the request of Council Member Boggs, Agenda Item VI -E -2, COLLECTION OF
GAS BILLS AT CITY HALL, was removed from the Consent Calendar.
CONSENT CALENDAR
It was moved by Council Member Riley, seconded by Council Member Lawrence,
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 OF AUGUST 22, 1995:
Approve.
CASH CONTRACT #SS-465, PHASE I I - MISCELLANEOUS CURB, GUTTER AND SIDEWALK
REPAIRS: Approve plans and specifications and grant authority to
advertise for bids (A/C #26-16465): Approve.
WARRANTS ISSUED: NO. 113503 - 114128: $2,018,487.71: Approv e.
C MM UN IT Y DEVELOPMENT BLOCK GRANT S UB R EC I P I E NT AGREEMENT WITH DO W NE Y
UNIFIED SCHOOL DISTRICT. Approv p e t or $ 0 000 in 1995-96
Comm nit e velo en 1oc Brant �L)� un s: Grove.
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Council Minutes 9/12/95 -7-
RESOLUTION NO. 5905
A RESOLUTION OF TFE CITY COUNCIL OF TIE CITY OF DOW NE Y
APPROVING TEE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 24209
(8610 -26 FIRESTONE BOULEVARD) , APPROVING AN AGREEMENT WITH
11FE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE STANDBY LETTER
OF CREDIT IN LIEU OF SURETY BONDS
RESOLUTION NO. 5906
A RESOLUTION OF TEE CITY COUNCIL OF TFE CITY OF DOW NE Y
APPROVING DE APPOINTMENT OF MARIA J. LARKIN AS A MEMBER
OF TEE EMERGENCY PREPAREDNESS COMMITTEE FOR COUNCILMANIC
DISTRICT FIVE
ORDINANCES:
ORDINANCE NO.
AN ORDINANCE OF TFE CITY COUNCIL OF TIE CITY OF DOW NE Y
APPROVING ZONE CHANGE NO. 95 -37, REZONING PROPERTY
LOCATED AT 7100 -7170 FIRESTONE BOULEVARD AND 11530 RYERSON
AVENUE ZONED M -1 /PB (LIGHT MANUFACTURING AND PARKING BUFFER)
TO C-M (COMMERCIAL-MANUFACTURING) AND THE OFFICIAL ZONING
MAP OF TFE CITY OF DOWNE Y BE AMENDED TO REFLECT THIS ZONE
C EIA NGE AND CERTIFYING THE NEGATIVE DECLARATION
The Ordinance was read by title only. It was moved by Council Member
Boggs and seconded by Council Member Lawrence to waive further reading and
adopt. (See motion later withdrawn.)
Council Member Br azel to n asked if are differences in the C -M zone that
might adversely effect the residential areas that back -up to this property.
Mr. Yoshiki explained the Commercial - Manufacturing zone creates a more
flexible rear yard setback and also creates a slight angle separation to
----•- provide more design flexibility for a development in this particular zone.
When asked if this would allow a building to be placed closer to the property
line, he replied yes and clarified that variances have been approved to allow
an applicant to make better use of the property. This particular zone provides
for that option.
Mayor McCaughan expressed concern and requested some schematics on how
close the developer can build to the adjacent residential properties.
Mr. Yoshi ki offered to come back with illustrations demonstrating how the
varying setbacks will be determined when abutting residential property.
The motion and second to adopt the Ordinance were withdrawn.
It was moved by Council Member Brazel ton, seconded by Council Member
Riley, and unanimously carried to continue the Ordinance to the next meeting.
RESOLUTIONS: None
Council Minutes 9/12/95 -8-
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10203
ADMINISTRATIVE REPORTS
Mayor McCaughan opened the hearing for CONSIDERATION OF A VIOLATION OF
APPROVED LOT SPLIT ND. 505 FOR PROPERTIES LOCATED AT 8632 GOLDEN AV. , 13410 AND
13416 DEMPSTER AVENUE.
Mr. Yoshi ki reviewed this case, which concerns property owned by a Mr. and
Mrs. Kosinski. He narrated a slide presentation of the property and described
how the original six contiguous parcels, treated as one parcel under the City's
Municipal Code, were subsequently divided into two lots through approval of Lot
Split No. 505 in 1969. Portions of the property were later sold, and the
remaining 25 -foot wide portion of property, which is owned by Patricia Torok
and Edwin J. Brown, heirs of the Kosinski s, is the subject of this hearing.
Mr. Yoshiki indicated the heirs contend that Mr. Kosinski did not own the 25-
foot wide portion (known as Lot 60) and , therefore, there is a question of
whether the lot split was valid. Based on the City's records, staff feels an
illegal division of land occurred after the lot split and recommends Council
direct staff to file appropriate notice with the County. He pointed out the
heirs can still come back and make a request for further land division.
Mr. David Shaver, 1851 East First Street, Santa Ana, representing Patricia
Torok and Edwin J. Brown, disputed that the Ko si n skis owned Lot 60. He
contended that Mr. Kosinski, by means of a certificate of redemption, paid
taxes on Lot 60 to the State in 1952, but it did not give him title to the
property; that to gain title requires filing a quiet title action. He further
argued that if Mr. Kosinski never owned Lot 60, he could not have merged the
six contiguous parcels. Mr. Shaver went on to explain that a problem with the
title to Lot 60 was revealed during a title search when the heirs sold the
adj ac ent property; however, the lot split did not appear in the title search.
The heirs have a buyer for Lot 60, but there is a problem regarding whether the
lot split will allow then to build on the property. While responding to
questions of the Council , he indicated quiet title was acquired in 1994.
During discussion, City Attorney Kane explained that Mr. Kosinski redeemed
Lot 60 in 1952 by paying taxes on it and continued to do so during his
lifetime. The taxes were subsequently paid by his wife and heirs. Mr.
Kosinski could have sought to quiet the title on the property. She commented
on the Complaint to Quiet Title to Real Property dated April 12, 1993, pointing
out that Ms. Torok and Mr. Brown contend that their father, Mr. Kosinski , owned
Lot 60 since 1952, which supports staff's position regarding merger of the six
contiguous parcels per the City's Code. The City's position is relying on the
complaint filed to quiet title and the allegations made in the complaint.
Mr . Shaver stated a C o m p l a i n t to Quiet Title does not render a person the
owner until a judge signs the order, and it is not retroactive to 1952.
When asked about the legality of a notice of violation, Ms. Kane explained
it would mean the property is not a legal , buildable lot.
Mr. Shaver indicated a notice of violation would mean Lot 60 stays as it
is; it would not be a buildable lot and no one would purchase it. The heirs
currently have a buyer for the property, who wants to develop it with a single
family residence.
Council Member Boggs related similar circumstances that occurred involving
a member of her family in another County, and she favored following the recom-
mendation of staff on this matter.
Council Minutes 9/12/95 -9-
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Council Member Lawrence mentioned from her observation, it appears the
Kosinskis felt as if they owned the property; they built improvements on it.
She expressed her opinion that the six contiguous parcels are two lots.
Further discussion ensued.
Mr. Larry Bale, 9254 Downey Avenue, said he is the buyer of Lot 60, and he
endeavored to clarify this matter and how the lots were recorded by Mr.
Kosinski per conditions of the lot split.
Mayor McCaughan discussed with Ms. Kane the options available to the
potential buyer if the notice of violation is determined.
RESOLUTION NO. 5907
A RESOLUTION OF TFE CITY COUNCIL OF TEE CITY OF DOW f E Y
OVERTURNING TEE PLANNING C OW ISS IO N' S DECISION NOT TO FILE
A NOTICE OF INTENT TO RECORD A NOTICE OF VIOLATION FCR
PROPERTIES INVOLVED IN LOT SPLIT W. 505 (8632 GOLDEN AVENUE,
13410 DEMPSTER AVENUE AND 13416 DEMPSTER AVENUE -
ASSESSOR PARCEL NOS. 6266 -020 -058, 060, AND 061)
The Resolution was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Lawrence, and passed by the following vote to
waive further reading and adopt (see vote, Page 12) .
Mayor McCaughan continued this hearing to the end of the Agenda pending
the City Attorney's review of the Quiet Title Judgment.
SHOPPING CART RETRIEVAL PROGRAM
Ms. Roberto gave a staff report, noting the number of carts retrieved and
remaining in storage since the Ordinance went into effect. The current fee is
$20 to retrieve a cart. Retail food markets have expressed displeasure with
the Ordinance and requested relief, and staff has drafted an agreement for a
shopping cart retrieval service.
Mr. Powell detailed the proposed agreement, whereby the California
Shopping in Cart Retrieval Corporation would be responsible for the collection of
carts and returning them to their customers. A copy of the proposed contract
has been sent to the market association, but they are still studying it.
Council Member Boggs asked that staff again contact the markets regarding
the p roposed agreement, noting it would be more financially practical to have a
firm pick up the carts and return them to the market. She al so encouraged
contacting the State Legislature and urging them to pass a bill that would
allow cities retrieving carts to disburse them in a manner that would provide
for recouping costs involved.
Council Member Lawrence feels if the contract is signed, the carts should
be g good back in ood faith without charging the markets. She favored lowering
the fee and granting a cart amnesty.
Council Member Brazelton concurred with Council Member Boggs.
Council y
Member Riley cited the need for markets to be more responsive.
Council Minutes 9/12/95 -10-
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• encouraged
McCaughan endorsed Council Member Boggs' suggestions and ed g
more creativit y in handling this probl ein since the carts create blight, litter
and a P ubl is nui sance. He emphasi zed the need to dispose of unmarked carts.
The report was received and filed. In addition, Council approved a one-
week amnesty in which markets can pick up their carts without charge. In
notifying the markets, the City will mention the proposed agreement pending
before their association for several months.
APPROVAL OF SCHEMATIC DESIGN PLAN FCR TFE COMMUNITY /SENIOR CENTER AND
GYMNPSIUN PROJECT
Mr. Jarrett commented on completion of the schematic design phase of the
project by the City's architect, who is now engaged in the next phase of the
J
project, •
ec t � 9 d es� n d e v e l o p m e n t , which should be completed by the end of this
month. He mentioned Council's previous concern about adequate funding being
available for the project and indicated the City's Housing Manager is w o r k i n g
with HUD to secure adequate funding. Information on this should be forthcoming
in the next 90 days . Mr. Jarrett then displ ayed arti st renderings of the
which he highlighted for the Council. Responding to questions, he
project, March or April construction should be under way by p ril of 1996. The
final construction bid documents will be reviewed and approved by Council prior
to soliciting bids on the project.
It was moved by C o u n c i l Member Boggs, seconded by C o u n c i l Member Riley,
and unanimously carried to approve the Schematic Design Plan for the
Community/Senior Center and Gymnasium Project, and authorize the architect to
prepare construction documents for the complete expanded project as outlined,
P
i n order to expedite the development , as recommended.
HEARING ON CONSIDERATION OF VIOLATION OF APPROVED LOT SPLIT 11505
(cont. from page 10)
Ms. Kane read from the Quiet Title Judgment, which stated in part that the
plaintiffs, Torok and Brown, were at all times mentioned the owners in fee
simple and entitled to possession of the property P rt described • that defendants
�
Dalrymple, Harvey & Reed have no right, title, or interest whatsoever in the —"
indicated When asked if this referred back to the 1952 date in the complaint,
she ndicated the complaint does allege ege owners hi p back to that date. property. Respond-
9
p
in to further comments, she explained that since there was a cloud on Lot 60,
the heirs sought to quiet title in themselves and have the court determine that
they were actually the owners.
During further discussion, Mayor McCaughan expressed his feeling that this
is a P rivate matter, and it should have been settled during probate after the
Ko si n s ki s passed away.
It was indicated that if the heirs had sought to quiet title in 1988,
after Mrs. Kosinski passed away, this matter could have been settled at that
time.
Mr. Jerry Kessl off , who did not give his name, addressed the Council as
one of the prospective buyers of Lot 60. He referred to the 1969 lot split
application by Mr. Kosinski that specifically referenced Lot 2, the 75 -foot
frontage of property on Dempster Avenue comprised of what was known as Lots 5,
6 and 7. One of the conditions of the lot split was that the 1 egal description
of both lots be recorded, which was done only as to Lot 2.
Council Minutes 9/12/95 -11-
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The Resolution was adopted by unanimous vote of the Council.
OTHER BUS INESS - CONSENT CALENDAR - Items removed by Council Approval :
COLLECTION OF GAS BILLS AT CITY HALL
Council Member expresed Boggs resed concern that 25 cents a transaction would
p
cover the City's time involved with the process.
Mr. Powell explained a in ed the proposal po sal would allow Downey citizens to pay t h e i r
• P re
gas and water bills at the same time and would not require that much extra time q
on the part of City staff to process.
At the request of Council Member Boggs and there being no objections, this
matter was continued to the next meeting for furt her information including
justification and the cost involved.
OTHER BUSINESS - Council Members :
Council Member Riley thanked Recreation Supervisor Alta Duke for the
Concerts in the Parks, which were very well attended. She also thanked the
Pol ice Department for the Equestrian patrol , and noted citi zens comments
wondering about bicycle patrol during athletic events in the parks. Council
Member Riley then expressed appreciation to Police Captain John Finch for his
follow -u p report ort concerning misleading tel ephone sol icitations which did not
pertain to the Downey Police Department.
Council Member Lawrence thanked staff for organizing the NASA program with
Mr. Dan Goldin as the speaker and also Council Members Boggs and Riley for con -
tac ti n 9 Down ey' s legislators to invite them to the program. She also
referenced a communication from Cal tr an s advising that the Dol l i son Soundwal l
Project will be advertised starting September 18th with the bid opening on
October 19th. It is anticipated the contractor will commence with the project
after the Christmas holidays. Council Member Lawrence mentioned receiving
notice of a dispute regarding someone tapping security lights into another
person's electricity line, which she has referred to staff for mediation. She
--� then referenced the unsightly condition of commercial property on the southeast
corner of Paramount and Firestone, noting Code Enforcement can respond to the
problem about weeds . She emphasized to brokers and people with vacant property
who are attempting to attract buyers to the c omn un i ty , that u n s i g h t l y lots are
not a welcome introduction to the City.
Mayor McCaughan requested statistics on the mniuber of warnings or
citations being issued for vehicles parking on front lawns, noting he has
become aware of this problem for the past several months. He concurred with
the comments about the horse and bicycle patrols of the Police Department and
mentioned he has received positive comments about the seatbelt and sobriety
checkpoints. Mayor McCaughan complimented the prompt response of City staff to
the broken water main at Paramount and Firestone.
Council Member Riley complimented the Public Works Director for recent
work completed at the railroad crossings.
Mr. Redmayne responded by saying work is now underway at the railroad
crossing on Patton Road. Also, staff has contacted the railroad company
requesting completion of the remaining crossings in the City.
Council Minutes 9/12/95 -12-
ii.0
OTHER BUSINESS - Staff Members:
Mr. Caton al so ac knowl edged the excellent job l of the Public Works
Department in repairing the broken water main at Paramount and Firestone. He
further echoed previous comments complimenting efforts of the Economic
Development staff in organizing the meeting with NASA and Mr. Goldin as
speaker, pointing out it i s important to Downey what happens at the Rockwell
si to ; and he al so thanked Council Members Boggs and Riley for contacting
officials in surrounding cities and inviting them to attend.
ADJOURNMENT: 11:17 p .m. -
The meeting was adjourned im memory of Mr. Ed H. Lewis, former member of
the Downey Planning Commission, Water Commission and Alameda School Di strict
Board; to 6:30 p .m., September 26, 1995, in the Council Chamber of Downey City
Hall , 11111 Brookshire Avenue, Downey.
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Y e r J:: J' _ ww...
�y t om ,.
f
S' , Judith Judith E. Mc Donn el 1, City Cl erk Gary P. Mc�Ca ug han , Mayor ; r
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Council Minutes 9/12/95 43-