HomeMy WebLinkAboutMinutes-06-11-91-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JUNE 11, 1991
T A B L E O F MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Chief Irwin introduced Dennis Groat, new Fire Marshall 1
Chief Mayes invited public to Community Neighborhood
Watch Meeting on 6/12/91 at 7:00 p.m. 1
Public hearing on Redevelopment Plan Amendment 5B
(Area bordered by I-5 and 1-605 Freeways, and
Dollison Dr.) Closed 6
CDC Res. #242 certifying Environmental Impact Report
for Project Area 5B Adopted 8
Res. #5441 certifying Environmental Impact Report
for Project Area 5B & Specific Plan 90 -1 Adopted 8
Res. #5442 amending land use map by changing land use
designation of four parcels to General Commercial
for properties at 10807 -21 Studebaker, 11136 Dollison
& 12000 block of Florence Ave. & approving & certifying
Negative Declaration Adopted 9
Ordinance adopting Specific Plan 90 -1 Introduced 9
Public hearing on Redevelopment Plan Amendment 5A
(South of Firestone Blvd, west of Brookshire Ave.,
north of Downey Community Hospital, and east and
west of Patton Rd.) Closed 11
CDC Res. #243 certifying Environmental Impact Report
for Project Area 5A Adopted 11
Res. #5443 certifying Environmental Impact Report
for Project Area 5A Adopted 11
Public Hearing on Redevelopment Plan Amendment 5C
(Northwest, southwest, and southeast of the inter-
section of Lakewood Blvd. and Gallatin Rd.) Closed 15
CDC Res. #244 certifying Environmental Impact Report
for Downey Redevelopment Project Amendment Area 5C Adopted 16
Res. #5444 certifying the Environmental Impact for
Downey Redevelopment Project Amendment 5C Adopted 16
Page 1 of 3
COUNCIL MINUTES, JUNE 11, 1991
TABLE OF ACTIONS (CONTINUED)
ACTION . CTIOH PAGE NO.
Joel Lubin commended staff for quick response to
water main leak on weekend 17
Lennie Whittington re posting signs on streets under
state law; noted illegal storage containers on Hospital
property 17
Joyce Lawrence re best wishes to retiring Public Works
Director Bill Ralph; supported small businesses as
backbone of community 17
Items Removed from Consent Calendar 17
Minutes: Adj. & Reg. Mtgs., 5/28/91 Approved as corrected 17
Cash Contract #580 - Gateway Improvement Project:
Approve plans & specifications & grant authority
to advertise for bids Approved 18
Warrants Issued: #36119 -36434 Approved 18
Public hearing for Uniform Schedule of Fees Set hrg. for 6/25/91 18
Supplemental appropriation for Community Development
Dept. to cover expenses incurred during course of
fiscal year in Planning & Building Divisions Approved 18
Unscheduled Equipment Replacement - Water Yard heating
& air conditioning unit Approved 18
of pumping rights/fiscal year 91 -92
Lease o unused water um n r� hts fiscal
P P
9 9 y
to City of Cerritos Approved 18
Authorization to apply for Rental Rehabilitation
Program Funds Approved 18
Amendment to Joint Powers Agreement to Interstate 5
Improvement Consortium Approved 18
Res. #5445 amending the annual appropriations limit
for fiscal year 1991 -92 Adopted 18
Res. #5446 authorizing application for 1992 Fuel-
Efficient Traffic Signal Management Program Grant Approved 18
Page 2 of 3
COUNCIL MINUTES, JUNE 11, 1991
TABLE OF ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Ord. #928 re South Coast Air Quality Management
District to collect & distribute certain fees for
reducing air pollution Adopted 18
Ord. re Fl oodpl ai n Management, grading & paving Introduced; set
standards & adopting Negative Declaration hrg. 7/23/91 18
Cash Contract #583 - Contract Sewer Maintenance;
Option One: modify experience requirements &
rebid for sewer maintenance Approved 19
Joint mtg. between Council & Recreation and
Community Services Commission to review
Rio Hondo Golf Course Development Plan Set 7/16/91 19
Southeast Water Coalition Agreement: Authorize
Mayor to execute & allocate $10,000 from Water Fund
for City's contribution Approved 20
Res. #5447 approving Tentative Parcel Map #22194
(10935 Little Lake Rd.); deleting Condition #18 Adopted 21
Meeting adjourned to: 4:30 p.m., June 18, 1991 21
Page 3 of 3
4248
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JUNE 11, 1991
The City Council of the City of Downey held a regular meeting at 7:33 p.m.,
May 28, 1991, in the Council Chamber of the Downey City Hall, Mayor Roy L. Paul
presiding.
PRESENT: Council Members:
Roy L. Paul Mayor
Barbara J. Hayden Mayor Pro Tem
Diane P. Boggs
Robert S. Brazelton
Robert G. Cormack
ALSO PRESENT: Gerald M. Caton, City Manager
Peter Thorson, City Attorney
Judith McDonnell, City Clerk
Ken Farfsing, Assistant City Manager Clayton Mayes,
Lee Powell, Assistant City Manager Police Chief
Ron Irwin, Fire Chief
Jim Jarrett, Director of Community Services
William Ralph, Director of Public Works
Art Rangel , Director of Community Development
Lowell Williams, Director of Finance
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
William Makshanoff, Building Official
Robert Messinger, Assistant to the City Manager
Richard Redmayne, City Engineer
Ed Velasco, Housing Manager
June Yotsuya, Assistant to the City Manager
William Doebler, Associate Planner
Dennis Groat, Fire Marshall
Ci nd i Api dgi an, Executive Secretary
PRESENTATIONS
Chief Irwin introduced Mr. Dennis Groat, the new Battalion Chief/Fire
Marshall.
Chief Mayes invited the public to the community Neighborhood Watch meeting
on June 12, 1991 at 7 :00 p.m. in the Downey Theatre. Crime prevention and
earthquake preparedness will be among the topics discussed at the meeting.
HEARINGS
Mayor /Chairman Paul convened the joint public meeting of the Community
Development Commission and City Council for the purpose of conducting three
public hearings on REDEVELOPMENT PLAN AMENDMENTS 5A, 5B, and 5C.
Mr. Thorson stated that even though Council/Commission Member Brazelton
will not participate in Amendment 5C, he may remain seated at the Council table
during the presentation since it is essentially a procedural guide and no
discussion will occur or questions asked.
Council Minutes 6/11/91 -1-
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Mayor /Chairman Paul requested a brief summarization from staff on the
location and procedures to be followed regarding the three Redevelopment Areas.
Mr. Farfsing summarized staff's report on the three proposed Redevelopment
including p p p
Plan Amendments, ncl udi ng a Specific c Plan for Amendment 5B, General Plan
Amendments and environmental documents for all three areas. He narrated slides
of the three subject areas: Area "A" north of the hospital, bordered on
Brookshire Avenue, Patton Road and the railroad; Area "B" at the intersection
of the I -605 and I -5 Freeways; and Area "C" including the three corners of
Lakewood Boulevard and Gallatin Road, except the northeast corner. He
summarized the recommendations of the Project Area Committee and Planning
Commission, with the following recommendations from staff: Area 5A -- approval
of the Environmental Impact Report and of the Plan itself; Area 5B -- approval of
the Environmental Impact Report, approval of the General Plan Amendment,
introduction of the ordinance approving the Specific Plan, and the project with
the boundary adjustments suggested by the Project Area Committee; and Area C --
approval of the Environmental Impact Report with the original boundaries and
retaining eminent domain. He commented on letters of protest and support that
have been received.
Mayor /Chairman Paul announced the public hearing on REDEVELOPMENT PLAN
AMENDMENT 58, GENERAL PLAN AMENDMENT AND SPECIFIC PLAN FOR THE I -5 /FLORENCE
AVENUE AREA.
Ms. McDonnell stated pursuant to the appropriate sections of the
California Community Development Law, notice has been duly given of a joint
City Council and Community Development Commission public hearing to consider
the approval and adoption of Amendment 5B to the Redevelopment Plan for the
Downey Redevelopment Project, General Plan Amendment 91 -23, and Specific Plan
90 -1. Notice of the hearing was published in the Long Beach Press Telegram, a
newspaper of general circulation, in the City of Downey on May 14, 21, 28 and
June 4, 1991. Notice of this public hearing was sent by certified mail to the
last known assessee of each parcel of land in the project area.
Mayor /Chairman Paul opened the public hearing on the Redevelopment Plan
Amendment 5B, General Plan Amendment and Specific Plan 90 -1 for I -5/ Florence
Avenue and the environmental impact reports relating to the Amendment and
Specific Plan. All three of these items relate to an area of approximately 39
acres generally bordered by the I -5 and I -605 Freeways, and Dol l i son Drive.
The record contains the following documents:
1. Report to City Council on the proposed Amendment 5B to the
Redevelopment Plan which includes the proposed Amendment to the
Redevelopment Plan for the Downey Redevelopment Project, the Environmental
Impact Report, report of the Planning Commission, and the neighborhood
impact report;
2. Affidavit of publication of the notice of this hearing in the Press
Telegram;
3. Affidavit of mailing of notices of this hearing by certified mailing to
the last known assessees of properties in the project area;
4. Financial disclosure forms (Form 721) for Council Members;
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5. Minutes of the Project Area Committee Meetings s of May 21, 1991 and
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June 4, 1991;
6. Minutes of the Planning Commission Meeting on the projects, dated
April 17, 1991.
I t is noted for the record that none of the Council/Commission Members own
property in Redevelopment Amendment Area 5B.
Ms. McDonnell noted the following correspondence had been received in
opposition to Redevelopment Plan Amendment No. 5B:
Mr. Lowell Shira, Assistant Superintendent, Whittier Union High School
District, dated March 5, 1991 expressing need for further information prior
to supporting the project.
Mr. Michael Nash & Associates, Rio Hondo Community College, dated
March 28, 1991 stating the project will have a detrimental fiscal impact on
the District.
Mr. John Pulice, Superintendent, Little Lake School District, dated
April 2, 1991 expressing concern with impact on schools.
Mr. John Pulice, Superintendent, Little Lake School District, dated
May 24, 1991 regarding impact commercial development has on schools.
Mr. Edward Haski l l , Director of Pace Membership Warehouse, opposing eminent
domain in the project area;
Pace Membership Warehouse detailing how this project will impact their
facility;
Mr. Merlyn Hartzfel, 11021 Fairford Ave., dated June 5, 1991 opposing a
auto mall and other high intensity commercial development.
proposed
g y pm
The following correspondence was received in support of the project:
Mr. William Piercey, President, Penske Auto Center, dated June 6, 1991
e—]
reiterating his support of the Redevelopment project as a member of the
Project Area Committee.
All correspondence was received into the record.
Mr. Caton introduced Mr. Farfsing, Assistant City Manager, Economic
Development; Mr. Art Rangel, Director of Community Development; Mr. Russell of
Gunn, Russell, & Copenhaver Redevelopment Consultants; and Mr. Garland, traffic
consultant.
Mr. Rangel narrated a slide presentation regarding Area 5B bounded by the
1-5 and 1-605 Freeways, offering the best economic opportunities to Downey. He
summarized the businesses located in this area, noting the preferred
alternative is regional commercial development such as additional auto
dealers. He discussed the prohibition of loud speakers, test drives through
residential neighborhoods, and the freeway sound wall. The Specific Plan would
require traffic and other environmental impact studies for any future
development.
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Mr. Farfsing noted the area has been transitioning from agricultural to
commercial. He explained the reasons for eminent domain, including benefits to
landowners, and stated that some owners have requested eminent domain for their
property.
Mayor /Chairman Paul called for those people in the audience wishing to
speak regarding Amendment 5B and the Environmental Impact Report relating to
the Amendment to approach the microphone and state name and address for the
record prior to commenting.
Mr. Tony Medeiros, 10929 Studebaker Rd., distributed and read a letter
from Robert and Lorraine Rolfer, 11030 Benfield Ave., expressing concern with
the consequences of an auto mall in this area, and stated his own concurrence
with their comments.
Ms. El i sa Hernandez, 10912 Dal wood, complained about traffic and odors
from Penske Auto Center.
Mr. lee Cook, 10935 Little Lake Rd., spoke against eminent domain and
supported the need for PACE Warehouse and other small stores in the area to
remain in the neighborhood.
Mr. Arthur Mayor, 11559 Sunset Blvd., Los Angeles, owner of property at
10780 Fairford Ave., objected to his property being included in the
Redevelopment Project Area and requested his site be excluded from the Plan.
Mr. Javier Velez, 9539 Firestone Blvd., representing the Project Area
Committee, noted the Committee's approval of Amendment 5B with elimination of
eminent domain and certain boundary adjustments.
Ms. Eleanor Lindenfeld, 8846 Manzanar, representing the League of Women
Voters, distributed copies of a letter outlining a 10 -point position from the
League, noting that eminent domain should be used as a last resort.
Mr. Henry Murata, 11153 Dollison Dr., stated he and his brother own most
of the property under consideration and questioned why he was not notified of
any Redevelopment Plans.
Mr. Roger Worthmayor, 6001 Yosemite, Inglewood, Colorada, representing
PACE Warehouse, summarized the history of the PACE site and the growth and
taxes paid over the past years. He noted Pace is satisfied with its investment
and requested the City allow the successful operations of PACE Warehouse to
continue.
Mr. Dan Slater, 611 Anton Blvd, Costa Mesa, attorney representing PACE
Warehouse, distributed a letter of opposition, noting the absence of blight in
this area to qualify for eminent domain and requested this parcel be deleted
from the proposed Amendment 5B Area.
Mr. Randy Hill, 11037 Benfield, expressed concern with the racing of cars
from the auto dealership.
Council Minutes 6/11/91 -4-
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Mr. Guy Sterner, 10303 Downey Ave., noted the need for diversification and
mentioned the City wants to use 39 acres for just one service - an auto mall.
Mr. Hal Benjamin, n
11212 Muller 1
J St., noted auto malls are not very
successful' in the current economic climate. The risk is greater in this case
than in other projects that could be developed.
Ms. Keo Chu, 13141 Espenera, Cerritos, part landowner in this area, stated
she was not notified by mail of redevelopment plans and expressed concern with
eminent domain.
Dr. Michael Sullivan, President of Downey CAREs, expressed opposition to
eminent domain as there is no justification for blight in this area. He stated
the Project Area Committee would support Amendment 5B without eminent domain
and with the recommended boundary adjustments.
Mr. Richard Pridham, 10402 Bel 1 man, spoke regarding the importance of
notification and cooperation with people in the private sector, and expressed
opposition to eminent domain.
Mr. Edward Haskill, 11111 Florence Ave., Director of PACE Warehouse,
voiced opposition to eminent domain because the area is not blighted and PACE
would like to remain in Downey.
Ms. Carol Greene, 10806 Fairford Ave., addressed the issue of children
safety and test driving of Penske cars on their streets. The Unocal Station
and Circle K store are an integral part of the neighborhood and should be
allowed to remain.
Mr. Al Folsom, 10803 Little Lake Rd., hoped that cars will stay on the
freeway instead of driving through their neighborhoods. He reiterated the
consensus of the residents in opposing the development of an auto mall.
Mr. Don Foldner, 10809 Crossdale, discussed the lack of freeway access to
this area and the test driving and truck parking on the streets.
Mr. James Riley, 10907 Little Lake Rd., mentioned the difficulties of
owning property in Downey.
Mr. George Laurin, 9527 Borson St., wondered whether the City had taken
into consideration the CALTRANS study of freeway widening and stacking. He
questioned whether surrounding auto dealerships will move to this area if a new
auto mall is constructed. .
Ms. Mary Medeiros, 10929 Studebaker Rd., spoke regarding the constant
jaywalking of the Penske employees and customers, noting this will continue on
Florence Avenue. She asked those in the audience to raise their hands if they
are against the project; many people raised their hands.
Mr. Mark Cuong Nguyen, 8001 Studebaker Rd., representing ARCO Smog Pro,
explained his family came to America because it is a free country and now he is
facing losing his business to another governmental entity.
There were no other people to speak on Amendment 5B.
Council Minutes 6/11/91 -5-
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The meeting recessed at 9 :10 a.m. and reconvened at 9:25 p.m.
Mr. Caton commended the audience for their good conduct. He explained
condemnation is not recommended on anything at this time; having the power of
eminent domain does not necessarily mean it will be used, citing this process
has been used only twice in the past 12 years. According to the Specific Plan,
staff is recommending that PACE Warehouse remain and that other stores develop
around the PACE store. Also, staff concurs with the Project Area Committee's
recommendation that the Circle K, strip shopping center and two gas stations
remain as is. He expressed concern with losing the highest sales tax producer
in the City - Penske Auto dealership and noted the positive effects
Redevelopment would have in this area.
Responding to questions addressed to staff, Mr. Farfsing noted the
Specific Plan is a very powerful tool for all residents. Currently the area is
zoned C -2 which would allow over 140 uses without the controls provided by the
Specific Plan. Staff encourages further development around the PACE store, but
is concerned with some establishments that may be constructed. _-Addressing
other comments made, as a result of neighborhood workshops and Planning
Commission Members working with area residents, the consensus was that
commercial is not the best use next to residential, but office zoning would be
preferable. In response to the League of Women Voters' letter, staff has not
received a copy of the letter, but is pleased to hear that eminent domain is
supported by the League as a last resort, in accordance with staff's
position. Staff is required by state law to send notices to addresses from the
county tax records to the last equalized assessee and these records do not show
addresses for Murata Family Trust or Takao Murata. The Penske representative
noted that his workers carry beepers as opposed to a public announcement
system, which staff believes is a reasonable idea and will be written into the
Specific Plan. Regarding the widening of the I -5 Freeway, Council /Commission
Member Cormack is serving on a consortium with other cities that are concerned
and objecting to its proposed widening. Additional auto dealerships was a
concept that was thought to be desirable near this freeway intersection.
Mr. Ran gel addressed the alternatives in the EIR and noted staff has
considered four alternatives in the EIR as a required condition of the
California Environmental Quality Act to address a reasonable amount of
alternatives. The Specific Plan gives controls which are not in place today,
including test driving restrictions in residential areas and requiring
dealerships to submit a route of test driving to the City for approval, etc.
Mr. Richard Garland, 2210 Wilshire, Santa Monica, traffic consultant,
spoke regarding auto sales generating heavy traffic volumes. Auto oriented
land uses will generate more traffic, but on a per acre basis auto sales would
have less of an impact than if the land were developed with more commercial
uses. The EIR offers various street improvements that could be made to ensure
this increased level of traffic would be accommodated. Regarding coordination
with CALTRANS, as part of the environmental review process, they have been
contacted and their comments will be incorporated into the final EIR.
It was moved by Council /Commission Member Hayden, seconded by
Council /Commission Member Boggs and unanimously carried to close the public
hearing.
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925
Mayor /Chairman Paul asked for questions from the City Council /Community
Development Commission Members regarding the proposed amendment.
Council /Commission Member Hayden questioned the different aspects of
eminent domain, stating she favored it as a last resort.
Mr. Thorson explained the many procedures that have to be followed in
order to acquire property through eminent domain, including public hearings.
He noted a 4/5 vote is required on an issue involving eminent domain.
Council/Commission Member Boggs voiced concern regarding financial
feasibility without the use of tax increment money.
Mr. Caton explained the concept of tax increment and noted in this case
the City did not ask for the increment based on the idea of retaining auto
dealerships in the City by rebating sales tax.
Council /Commission Member Boggs questioned why the park and ride lot never
developed in this area and was informed that plans were being submitted to
build a mini - warehouse storage facility on this property. To retain use of the
property, the City decided to acquire it through Proposition A funds and
establish a park and ride lot. However, because of complications in using
Proposition A money, General Fund money was used which could not have legally
funded a park and ride lot.
Council /Commission Member Cormack questioned the reasoning in purchasing
the Murata property and was informed the City was concerned with developments
that could have been constructed under the current C -2 zoning.
Mayor /Chairman Paul inquired about the ability to vote on the Plan tonight
and Mr. Thorson explained that since written protests were received on
Amendment 5B, the Council cannot introduce the ordinance to approve the Plan;
that would have to take place in a meeting at least one week from tonight,
giving time for written reponses to the objections. All other resolutions
approving the Environmental Impact Report, the Specific Plan and the Ordinance
introducing the General Plan Amendment can be voted upon tonight.
Mayor /Chairman Paul clarified that staff concurs with the Project Area
Committee's recommendation that the project area boundaries be changed,
eliminating three properties on the subject map: #8 - mini-mall; #9 - ARCO,
#11 - UNOCAL.
Mr. Farfsing noted major redevelopment is not anticipated in this area
since new building and renovation have recently occurred.
Council /Commission Member Brazelton questioned whether introduction of the
Specific Plan Ordinance should be delayed as it may be amended. Council/
Commission Member Boggs concurred.
Mr. Thorson mentioned that all four items can be deferred to the next
meeting and voted on at one time.
Council/Commission Member Hayden noted, however, the Specific Plan will
offer protection to the community and should be approved tonight.
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Mayor /Chairman Paul asked the City Clerk to read the titles of Resolutions
and Ordinances pertaining to Redevelopment Amendment 5B so Council /Commission
may discuss the project.
RESOLUTION NO. 242
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF DOWNEY CERTIFYING THE ENVIRONMENTAL IMPACT REPORT
FOR DOWNEY REDEVELOPMENT PROJECT AMENDMENT AREA 5B
RESOLUTION NO. 5441
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CERTIFYING
THE ENVIRONMENTAL IMPACT REPORT FOR DOWNEY REDEVELOPMENT PROJECT
AMENDMENT 5B AND SPECIFIC PLAN 90 -1 (I -5 /FLORENCE)
RESOLUTION NO. 5442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
THE LAND USE NAP OF THE GENERAL PLAN BY CHANGING THE LAND USE
DESIGNATION OF FOUR PARCELS TO GENERAL COMMERCIAL FOR PROPERTY AT
10807 -21 STUDEBAKER, 11136 DOLLISON AND THE 12000 BLOCK OF FLORENCE
AVENUE AND APPROVING AND CERTIFYING THE NEGATIVE DECLARATION
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
SPECIFIC PLAN 90 -1
The Resolutions and Ordinance were read by title only. It was moved by
Council /Commission Member Cormack and seconded by Council /Commission Member
Hayden to waive further reading. (See later vote) .
Council /Commission Member Cormack concurred with Council /Commission Member
Hayden's comments regarding voting tonight on the Specific Plan to protect the
neighborhood.
Council/Commission Member Boggs requested more time to review the Specific
Plan in view of all comments heard tonight.
Council /Commission Member Hayden stated sales tax dollars pay for the
services that residents expect and enjoy. The Specific Plan process allows the
community to have the most input and will protect the residential
environment. Eminent domain has an ominous tone but it also can be used in
such a manner that it will protect the community, but only as a last resort.
She suggested PACE Warehouse be removed from the area of eminent domain for the
life of the lease.
Council /Commission Member Brazelton noted the services offered by the City
and mentioned that sales tax revenues are the greatest source of money to
provide these services. He stated that no residential properties will be
_condemned under eminent domain in these project areas; the large commercial
developments are the only ones affected. He preferred approving the Specific
Plan tonight to protect the properties from undesirable C -2 zoning uses.
Council Minutes 6/11/91 -8-
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Mayor /Chairman Paul noted that similar problems such as noise and traffic
were addressed in the Specific Plan for the Rancho Project, and he believes the
residents can be protected through the Specific Plan instrument.
Council /Commission Member Boggs reiterated her hesitancy to vote on the
Specific Plan tonight. She encouraged inclusion of tax increment money in this
Plan.
The above motion to waive further reading was unanimously carried.
Mr. Thorson reiterated the three items being voted upon do not include
approval of Redevelopment Plan Amendment 5B.
It was moved by Council/Commission Member Hayden, seconded by Council/ 71
Commission Member Cormack and unanimously carried to adopt Resolution ' I
certifying Environmental Impact Report for Amendment No. 5B; Resolution
certifying Environmental Impact Report for Amendment No. 5B and Specific Plan
90 -1; Resolution approving and adopting General Plan Amendment No. 91 -23 and
certifying the Negative Declaration. Introduction of the Ordinance was carried
by the following vote:
AYES: 4 COUNCIL /COMMISSION MEMBERS: Hayden, Brazelton, Cormack, Paul
ABSTAIN: 1 COUNCIL /COMMISSION MEMBERS: Boggs
Prior to the foregoing vote, Council /Commission Member Boggs indicated she will
be abstaining from voting on the Ordinance adopting Specific Plan 90 -1 as she would
prefer more time for further review.
Mayor /Chairman Paul advised this concludes the actions of the City Council and
Community Development Commission on the I-5/Florence area for this evening. The
Council will consider the objections to Redevelopment Plan Amendment 5B and action
upon the Ordinance to approve Redevelopment Plan Amendment 5B at its next meeting of
June 25, 1991.
Council /Commission Member Hayden mentioned the Minutes of the Project Area
Committee do not indicate how each member votes on an issue and was informed the
current practice does not identify the voter, but staff will discuss this request
with the Project Area Committee at its next meeting.
Council/Commission Member Cormack discussed the need for the merit of a secon
{
vote if a motion is reconsidered.
The meeting recessed at 10 :20 p.m. and reconvened at 10:25 p.m.
9 P P
Mayor /Chairman Paul noted that ORAL COMMUNICATIONS will be delayed until after
the hearings have been completed.
Mayor /Chairman Paul announced the joint public hearing on REDEVELOPMENT PLAN
AMENDMENT 5A, FOR THE AREA LOCATED GENERALLY SOUTH OF FIRESTONE BOULEVARD, WEST OF
BROOKSH I RE AVENUE, NORTH OF DOWNEY COMMUNITY HOSPITAL AND EAST AND WEST OF PATTON
ROAD.
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Ms. McDonnell noted pursuant to the appropriate sections of the California
Community nit Redevelopment Law, notice has been duly given of a joint City Council and
Community Development Commission public hearing to consider the approval and
adoption of Amendment 5A to the Redevelopment Plan for the Downey Redevelopment
Project. Notice of this hearing was published in the Long Beach Press Telegram, a
newspaper of general circulation, in the City of Downey on May 14, 21, 28 and
June 4, 1991. Notice of this public hearing was sent by certified mail to the last
known assessee of each parcel of land in the project area.
Mayor Paul opened the joint public hearing on proposed Amendment 5A to the
Redevelopment Plan for the Downey Redevelopment Project and the Environmental Impact
Report relating to the Amendment. These items relate to an area of approximately
14.3 acres generally located south of Firestone Boulevard, north of Downey Community
Hospital, and east and west of Patton Road. The record contains the following
documents:
1. Report to City Council on the proposed Amendment 5A to the Redevelopment
Plan which includes the proposed Amendment to the Redevelopment Plan for the
Downey Redevelopment Project, the Environmental Impact Report, report of the
Planning Commission, and the neighborhood impact report;
2. Affidavit of publication of the notice of this hearing in the Press
Telegram;
3. Affidavit of mailing of notices of this hearing by certified mailing to the
last known assessees of properties in the project area;
4. Financial disclosure forms (Form 721) for Council Members;
5. Minutes of the Project Area Committee Meetings of May 21, 1881 and
June 4, 1991;
6. Minutes of the Planning Commission Meeting on the projects, dated
April 17, 1991.
It was noted for the record that none of the Council /Commission Members own
property in Redevelopment Amendment Area 5A.
Ms. McDonnell advised no correspondence had been received regarding
Amendment 5A.
Mr. Farfsing summarized the staff report, narrating a slide presentation on
the subject and surrounding properties. The area is recommended for
redevelopment since there would be high costs for improvements in the vicinity,
including intersection lights. The area has transitioned in the past years from
manufacturing to medical offices and senior housing. Eminent domain is not
being proposed for this property and tax increments will be generated to the
agency. The Project Area Committee reviewed the project and recommended
approval of this plan as developed by staff.
Mayor /Chairman Paul called for those people in the audience wishing to
speak regarding Amendment 5A and the environmental Impact Report relating to the
Amendment to approach the microphone and state name and address prior to
commenting.
Council Minutes 6/11/91 -10-
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9258 Mr. Lennie Whittington, 8542 Manatee, expressed opposition to this project
because the Hospital will gain more control. He noted the preferential
treatment received by the Hospital, citing the continuing violation of illegal
storage containers on the property. He recommended tax increment money be used
for Capital Improvement y
fo p p ovement projects such as a traffic light ght at the intersection of
Firestone Boulevard and Patton Road. He urged that Margaret Street be widened
and improved, and presented and read a petition from people on Manatee Street
stating their opposition to the closure of Margaret Street. He also noted that
the Nissan Auto Dealership test drives their cars on Manatee Street.
Dr. Michael Sullivan, representing Downey CARES, concurred with staff's
recommendation to approve Amendment 5A, citing lack of eminent domain, the
housing issue is addressed, tax increment money is requested, and capita).-1
improvements are planned within the area.
Ms. Bonnie West, 7413 Quinn, questioned the affects of this Redevelopmen'
Plan on the senior citizen complex in the area.
Responding to public questions, Mr. Farfsing noted the zoning in the area
allows for more senior citizen or medical offices. As part of the Redevelopment
process, a master plan is required if the Hospital decides to expand which would
require a public hearing. Regarding the storage trailers, Code Enforcement has
met with the Hospital and they have been removing the trailers from the
property. Currently, environmental documents do not project the closure of
Margaret Street; it would be a separate project which would include
environmental studies and public hearings.
It was moved by Council /Commission Member Boggs, seconded by
Council /Commission Member Hayden, and unanimously carried to close the public
hearing.
There were no questions of the City Council or Community Development
Commission regarding the proposed amendment.
RESOLUTION N0. 243
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR DOWNEY REDEVELOPMENT
PROJECT AMENDMENT AREA 5A
RESOLUTION NO. 5443
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR DOWNEY REDEVELOPMENT
PROJECT AMENDMENT 5A
The Resolutions were read by title only.
It was moved by Council /Commission Member Hayden, seconded by Council/
Commission Member Boggs, and unanimously carried to waive further reading of the
Resolutions.
It was moved by Council /Commission Member Hayden and seconded by Council/
Commission Member Boggs to adopt the Resolutions. (See later vote.)
Council Minutes 6/11/91 -11-
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9259
Mr. Thorson noted the petition filed by Mr. Whittington qualifies as an
objection; therefore, introduction of the ordinance would have to take place in a
meeting at least one week from tonight giving time for written reponses to the
petition.
It was unanimously carried to adopt the Resolution certifying the Environmental
Impact Report for Redevelopment Project Amendment Area 5A; and adopt the Resolution
certifying the Environmental Impact Report for the Downey Redevelopment Project
Amendment 5A.
Mayor /Chairman Paul advised this concludes the actions of the City Council and
Community Devlopment Commission on the 5A Hospital area for this evening. The
Council will consider the objections and action upon the Ordinance to approve
Redevelopment Plan Amendment 5A at its next meeting of June 25, 1991.
Mayor /Chairman Paul announced the public hearing on REDEVELOPMENT PLAN
AMENDMENT 5C, FOR THE AREA GENERALLY LOCATED NORTHWEST, SOUTHWEST AND SOUTHEAST OF
THE INTERSECTION OF LAKEWOOD BOULEVARD AND GALLATIN ROAD. Council /Commission Member
Brazelton w i l l not participate in this item due to a potential conflict of interest
and will step down from the dais.
Council/Commission Member Brazelton vacated his seat, accordingly.
Ms. McDonnell noted pursuant to the appropriate sections of the California
Community Redevelopment Law, notice has been duly given of a joint City Council and
Community Development Commission public hearing to consider the approval and
adoption of Amendment 5C to the Redevelopment Plan for the Downey Redevelopment
Project. Notice of this hearing was published in the Long Beach Press Telegram, a
newspaper of general circulation, in the City of Downey on May 14, 21, 28, and June
4, 1991. Notice of this public hearing was sent by certified mail to the last known
assessee of each parcel of land in the project area.
Mayor /Chairman Paul opened the joint public hearing on the proposed Amendment
5C to the Redevelopment Plan for the Downey Redevelopment Project, and the
Environmental Impat Report relating to the Amendment. These items relate to an area
of approximately 15.4 acres generally located northwest, southwest and southeast of
the intersection of Lakewood Boulevard and Gallatin Road. The record contains the
T following documents:
d
1. Report to City Council on the proposed Amendment 5C to the Redevelopment
Plan which includes the proposed Amendment to the Redevelopment Plan for the
Downey Redevelopment Project, the Environmental Impact Report, report of the
Planning Commission and the neighborhood impact report;
2. Affidavit of publication of the notice of this hearing in the Press
Telegram;
3. Affidavit of mailing of notices of this hearing by certified mailing to the
last known assessees of properties in the project area;
4. Financial disclosure forms (Form 721) for Council Members;
5. Minutes of the Project Area Committee Meetings of May 21, 1991 and
June 4, 1991;
Council Minutes 6/11/91 -12-
, -r.
9260 6. Minutes of the Planning Commission Meeting on the projects, dated
April 17, 1991.
I t was was noted for the record that Council/Commission Member Brazelton
owns property located at 9250 Brookshire Avenue, which is in this Redevelopment
area. No other Council /Commission Members own property in Redevelopment Area
5C.
Ms. McDonnell advised the following correspondence had been received in
opposition to Amendment 5C:
Mr. Chris Pelonis, President of Chris & Pitts, dated June 3, 1991 advocating
Redevelopment but opposing eminent domain;
Dr. Stanley 0. White, Los Angeles Southern Baptist Association dated
June 3, 1991 stating opposition to eminent domain and disagreed their facility
is blighted;
Mr. Keun Yuk Park, Assembly of God Korean District Council, dated June 4, 1991
requesting their property be removed from the Redevelopment area;
Mr. Dewey F. Squyres, Los Angeles Southern Baptist Association, dated
June 5, 1991 requesting his property be removed from the Redevelopment Area as
recommended by the Project Area Committee.
Ms. McDonnell advised the following correspondence had been received in support
of Amendment 5C:
Mr. Nicholas K. Lam, Vice - President, Lincoln Mercury Auto Dealership, dated
April 9, 1991 stating Redevelopment will upgrade the neighborhood and increase
property values;
Mr. James K. Graham, Downey Auto Center, dated May 10, 1991 expressing support
of the project and commending the efforts of the Community Development
Commission.
Mayor /Chairman Paul noted the correspondence will be received into the record.
Mr. Farfsing summarized the staff report, narrating a slide presentation of the
subject properties. This area has suffered from several widenings of the statO
highway. Both automobile agencies were constructed over 30 years ago and are
outdated facilities. The Project Area Committee recommends adoption of the p l a n
with boundary changes omitting the Baptist and Korean church offices, and
elimination of eminent domain. Staff, however, recommends eminent domain be
retained because it does provide certain properties with benefits and some property
owners have requested eminent domain on their property.
Mayor /Chairman Paul called for those people in the audience wishing to speak
regarding Amendment 5C and the Environmental Impact Report relating to the Amendment
to approach the microphone and state name and address for the record prior to
commenting.
Mr. Stanley White, 15427 Ashgrove Dr., La Mirada, representing property located
at 9617 Lakewood Boulevard, distributed documents regarding the first notice he
received about this project dated May 23, 1991 which did not seem l i k e timely
notice. He stated the area is not blighted, but could be improved. In the past, he
Council Minutes 6/11/91 -13-
9261
was told this property was not included in the Redevelopment Area, but later found
out this information was false. The facility has been upgraded at the church's
expense and he now requests this property be excluded from the Redevelopment Plan.
Mr. Scott Burns, Pastor of Trinity Baptist Church, 9834 Tristan, noted he is
also a member of the Board of Directors for the Los Angeles Baptist Association
which constitutes 120 churches, of which three are in Downey. He voiced support of
the Project Area Committee's recommendation which 'changes the boundaries, removing
two properties out of the Plan: 9617 and 9625 Lakewood Boulevard. He expressed
concern with the late notice which was received on May 23, 1991. He discussed
inaccurate information received regarding their property's existence in the
Redevelopment Area.
Mr. Robin Edmond, 9500 Lakewood Blvd., member of the Project Area Committee,
stated support of the Amendment as written including the exception of the two
properties on Lakewood Boulevard.
Mr. David Lee, 9625 Lakewood Blvd., distributed a petition supportingthe
exclusion 9617 and 9625 Lakewood Boulevard from Area 5C. Since the Project Area
Committee decided to exclude these properties, he requested the Community
Development Commission /City Council concur with this Plan. He noted the area is not
blighted and recommended the desires of the constituents be heard.
Mr. Richard Pridham, 10402 Beliman, noted the testimony regarding the irregular
time of notice and false information may be a staff problem.
Mr. Jason Lee, 14603 Cal pars St., La Mirada, Pastor of Korean Assemblies of
God, noted he has spent more than 2 years and many prayers in finding this building
and it has become the best location for their offices.
Mr. Harold Niel, 13264 Laureldale, Pastor of Southern Baptist Association,
recommended el imi natti on of the two properties mentioned in the Project Area
Committee's recommendation so the area can continue serving as church offices.
Pastor Dewey Squyres, 2185 Washington, Pasadena, questioned the blight issue in
this area.
Lennie Whittington, 8542 Manatee st., stated the two church properties do not
show any blight. North of Chris & Pitts restaurant is a recording studio run by the
Pelonis family. Also, renovation plans have been submitted to the City for the
Chris & Pitts area.
Dr. Michael Sullivan, 11116 Rives Ave., representing Downey CAREs, noted their
opposition to Project Amendment 5C because of use of eminent domain in a non-
blighted area, and failure of tax increment monies being requested. It is selective
and discriminatory and Downey CAREs would recommend the two properties be removed
from the Project Area.
Mr. Guy Sterner, 10303 Downey Ave., mentioned this Council is against other
government interference, noting there is similar oppression with eminent domain. He
discussed equal distribution of payment for services received from the City.
Mr. Joel Lubin, 7820 Allengrove, supported Downey CAREs position in its request
to delete the church properties and expressed concern that good property is being
condemned and the owners have not been properly notified.
Council Minutes 6/11/91 -14-
9262
Responding to public questions, Mr. Farfsing noted that the Project Area
Committee sent letters to get people involved in the Redevelopment process. Both
churches attended the recent Project Area Committee meeting. Since the Korean
Church had recently purchased the property, notification went to the assessee listed
on the records of the County of Los Angeles. An information brochure was compiled
and sent out to all affected areas. All legal ads were published four consecutive
weeks in the Press Telegram and a map was also published at a cost of $500 so people
could see the subject area. The office buildings are planned to remain as office
uses. Regarding a claim that plans are on file with the City for property north of
Chris & Pitts, there are no plans on file.
It was moved by Council /Commission Member Hayden, seconded by Council/
Commission Member Boggs, and unanimously carried by the Members present to close t
public hearing.
Mayor /Chairman Paul asked if there were any questions of the Cit
Council /Community Development Commission at this time regarding Amendment 5C.
Council /Commission Member Boggs questioned why tax increment money will not be
collected.
Mr. Caton noted that traditionally sales tax rebates are the way to finance
improvements on these properties. The types of improvements would not really
generate enough property tax to request tax increment money.
Council/Commission Member Hayden clarified the church properties are not
sanctuaries but are used as offices.
Council /Commission Member Boggs noted that Mr. Graham has requested eminent
domain on his property. She questioned whether eminent domain can be used on some
properties and not all of them.
Mr. Thorson advised he would review this matter and report back at the next
meeting.
Mayor /Chairman Paul clarified the Project Area Committee voted in favor, then
rescinded its action and revoted. He questioned if Mr. Graham voiced his support of
eminent domain at that meeting.
Mr. Farfsing advised that his representative, Mr. Edmond, voiced support :1
eminent domain. He noted the Project Area Committee's recommendation was to
eliminate eminent domain and adjust the boundaries around the two church properties.
Mr. Caton mentioned that if these two properties were eliminated from the
Redevelopment area, the impact would be minimal.
Council/Commission Member Cormack commended staff for their efforts in
contacting property owners.
Council Minutes 6/11/91 -15-
RESOLUTION NO. 244 9 26j
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR DOWNEY REDEVELOPMENT PROJECT
AMENDMENT AREA 5C
RESOLUTION NO. 5444
A RESOLUTION OF THE CITY COUNCIL /COMMISSION MEMBERS OF THE CITY OF DOWNEY
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR DOWNEY REDEVELOPMENT PROJECT
AMENDMENT 5C
^ The Resolutions were read by title only. It was moved by Council /Commission
Member Cormack and seconded by Council /Commission Member Hayden to waive further
reading of the Resolutions. (See later vote.)
Council /Commission Member Boggs requested eminent domain on the properties
asking for it, elimination of the two church properties from the Plan, and
elimination of eminent domain on properties that are against its use.
Council /Commission Member Hayden agreed the church offices should not be
included in the Project Area, but eminent domain should remain in the Plan as a last
resort.
Council /Commission Member Cormack expressed support for eminent domain, noting
it is often perceived as "wrong." He expressed his desire to thoroughly explain the
benefits of eminent domain.
Mayor /Chairman Paul agreed the two properties should be removed. He
recommended Redevelopment as a way to upgrade a neighborhood, which includes eminent
domain as a last resort.
Council /Commission Member Boggs reiterated the philosopy for use of eminent
domain and noted the California Redevelopment Law is misusing the right of eminent
domain.
Mr. Thorson advised the vote will only be on the Resolution of the Council and
Commission approving the Environmental Impact Reports and not on approval of the
Redevelopment Plan Amendment, change in boundaries, or eminent domain; that would
have to take place in a meeting at least a week from tonight giving time for written
reponses to the objections.
The motion to waive further reading was unanimously carried by the Members
present.
It was moved by Council /Commission Member Cormack, seconded by Council/
Commission Member Hayden, and unanimously carried by the Members present to adopt a
Resolution of the Community Development Commission certifying the Environmental
Impact Report for Downey Redevelopment Project Amendment Area 5C and adopt a
Resolution of the City Council certifying the Environmental Impact Report for Downey
Redevelopment Project Amendment 5C.
Council Minutes 6/11/91 -16-
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92
Mayor /Chairman Paul announced this concludes the actions of the City Council
and Community Development Commission on the Lakewood Boulevard /Gallatin Road area
for this evening. The Council will consider the objections to Redevelopment Plan
Amendment 5C and action upon the ordinance of approval at its next meeting of
June 25, 1991.
Council /Commission Member Brazelton resumed his seat.
ORAL COMMUNICATIONS
Mr. Joel Lubin, 7820 Al l engrove, commended Downey Police, Fire and Public Works
Departments for their quick response to a leaking water main that occurred on a
recent weekend.
Mr. Lennie Whittington, 8542 Manatee St., spoke regarding the legality of
posting 9
stin test driving signs that was referenced in a previous hearing tonight.
Mayor /Chairman Paul reminded Mr. Whittington that Oral Communications is for
speaking to non - agenda issues, yet Mr. Whittington continued his comments.
Mayor /Chairman Paul recessed the meeting at 12:05 a.m. and reconvened the
meeting at 12:10 a.m.
Mr. Lennie Whittington, 8542 Manatee St., mentioned posting signs on streets
under state law. He discussed illegal storage containers located on property at
Downey Community Hospital, noting some of them have been moved to another location.
Ms. Joyce Lawrence, 9627 Cheddar St., expressed best wishes to retiring Public
Works Director Bill Ralph in his future endeavors. She also voiced support of small
businesses that are the backbone of this community.
Mayor /Chairman Paul recessed the joint meeting of the City Council and
Community Development Commission at 12:00 a.m., June 12, 1991. The Council
continued with its remaining portion of the agenda.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Agenda Item VI -F -3, RESOLUTION APPROVING TENTATIVE PARCEL MAP N0. 22194 was
removed by Mr. Lee Cook.
Agenda Item VI -E -6, SOUTHEAST WATER COALITION AGREEMENT was removed by Council
Member Cormack.
CONSENT CALENDAR
Mayor Paul requested the Minutes of the regular meeting, May 28, 1991, reflect
the correct first name of Dr. Mark Hoffer under Presentations. This correction was
noted in the Minutes.
I t was moved by Council Member Boggs, seconded by Council Member Brazelton, and
unanimously carried to waive further reading of the Resolutions and adopt the
remainder of the Consent Calendar.
MINUTES: ADJOURNED AND REGULAR iEETINGS, MAY 28, 1991: Approve.
Council Minutes 6/11/91 -17-
9 2 65
CASH CONTRACT NO. 580 GATEWAY IMPROVEMENT PROJECT - Approve plans
eci fications and grant authority PP P and
specifications 9 uthority to advertise for bids: Approve.
WARRANTS ISSUED: #36119 - 36434, $750,259.12: Approve.
PUBLIC HEARING FOR UNIFORM SCHEDULE OF FEES: Set hearing for 7:30 June
9 .m. P
25, 1991 in the Downey City Council Chamber.
SUPPLEMENTAL APPROPRIATION FOR COMMUNITY DEVELOPMENT DEPARTMENT in the amount
of $100,400 to cover additional expenses incurred during the course of the fiscal
year in Planning and Building Divisions: Approve.
UNSCHEDULED EQUIPMENT REPLACEMENT WATER YARD HEATING AND AIR CONDITIONING
UNIT at a cost of $2,372: Approve.
LEASE OF UNUSED WATER PUMPING RIGHTS /FISCAL YEAR 1991 -92 to the City of
Cerritos for $110 per acre foot, totaling $55,000: Approve.
AUTHORIZATION TO APPLY FOR RENTAL REHABILITATION PROGRAM FUNDS in the amount of
$25,000: Approve.
AMENDMENT TO JOINT POWERS AGREEMENT TO INTERSTATE 5 IMPROVEMENT CONSORTIUM,
incorporating certain technical corrections and additions: Approve.
RESOLUTION NO. 5445 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1991 -92
RESOLUTION NO. 5446 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING
THE APPLICATION FOR THE 1992 FUEL- EFFICIENT TRAFFIC SIGNAL
MANAGEMENT PROGRAM GRANT
ORDINANCES NOT SET FORTH ABOVE
ORDINANCE NO. . 928
AN ORDINANCE OF THE CITY OF DOWNEY ADDING SECTIONS 6180 THROUGH 6183
TO THE DOWNEY MUNICIPAL CODE AUTHORIZING THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT TO COLLECT AND DISTRIBUTE CERTAIN FEES FOR THE
PURPOSE OF REDUCING AIR POLLUTION FROM MOTOR VEHICLES
I' I
It was moved by Council Member Boggs, seconded by Council Member Hayden, and
unanimously carried to waive further reading and adopt.
ORDINANCE NO.
AN ORDINANCE AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING CHAPTER 9 TO
ARTICLE VIII RELATING TO FLOODPLAIN MANAGEMENT, GRADING AND PAVING STANDARDS
AND ADOPTING A NEGATIVE DECLARATION AND REPEALING SECTIONS 5901 TO 5908
AND APPENDIX CHAPTER 70 OF THE UNIFORM BUILDING CODE, 1988 EDITION
Council Minutes 6/11/91 -18-
9266 It was noted the Ordinance concerns the National Flood Insurance Program, and
decision to join the Program will be deliberated at the hearing.
It was moved by Council Member Boggs, seconded by Council Member Brazelton, and
unanimously carried to waive further reading and introduce the Ordinance which sets
the public hearing for 7 :30 p.m., July 23, 1991 in the Downey City Council Chamber.
ADMINISTRATIVE REPORTS
CASH CONTRACT NO. 583 - CONTRACT SEWER MAINTENANCE
Mr. Caton explained that staff researched the feasibility of contracting out
for sewer maintenance. Three bids were received that were either higher thar"
staff's estimates or did not meet qualifications. As a result, staff suggest
rejecting all bids, modifying requirements, and then going out to bid again.
Mr. Graham Horley, 7880 Woodsvi l i e Ave., Anaheim, distributed copies of a
letter from ABC Service regarding their qualifications to be awarded the bid.
Mr. Ralph explained that certain experience was required and neither of the
first two bidders met that requirement. The third bid was higher than staff's
estimate of doing the work themselves. Therefore, the recommendation is to modify
the requirements and go out for bid on the project again.
It was moved by Council Member Boggs, seconded by Council Member Brazelton and
unanimously carried to approve Option One: Rebid for sewer maintenance and modify
experience requirements from five years of experience with at least five
municipalities, to two years of experience with at least two municipalities, with
the contractor furnishing the required equipment and one employee, and the City
furnishing one experienced employee and utilizing staff's expertise.
JOINT MEETING BETWEEN COUNCIL AND RECREATION AND COMMUNITY SERVICES COMMISSION
TO REVIEW RIO HONDO GOLF COURSE DEVELOPMENT PLAN
It was the consensus of Council to schedule a joint meeting at 4:30 p.m. on
July 16, 1991.
OTHER BUSINESS: ITEMS REMOVED FROM CONSENT CALENDAR
SOUTHEAST WATER COALITION AGREEMENT
Council Member Cormack noted he is opposed to further studying this issue as
many agencies have already analyzed this many times and it would be redundant to
study it again.
Mr. Caton agreed, stating the reason for the coalition is to have some impact
on the Environmental Protection Agency; otherwise, City needs would not be
considered at all. Therefore, the recommendation is that cities unite for the
purpose of representation on this issue.
Council Member Hayden questioned the purpose for the $10,000 and was informed
the money would be used to hire a lobbyist to expedite this project in Washington.
Council Minutes 6/11/91 -19-
9
I t was moved by Council Member Brazelton, seconded by Council Member Boggs, and
carried by the following vote to approve a Joint Powers Agreement among the cities
in southeast Los Angeles County and authorize the Mayor to execute said agreement;
and that $10,000 be allocated from the Water Fund as the City's contribution to the
Coalition:
AYES: 4 COUNCIL MEMBERS: Boggs, Hayden, Brazelton, Paul
NOES: 1 COUNCIL MEMBERS: Cormack
RESOLUTION NO. 5447
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING
THE APPEAL AND APPROVING TENTATIVE PARCEL MAP NO. 22194
FOR PROPERTY LOCATED AT 10935 LITTLE LAKE ROAD, IN
THE R1 -5000 (SINGLE FAMILY RESIDENTIAL) ZONE
The Resolution was read by title only.
Mr. Lee Cook, 10935 Little Lake Road, noted the citizens in this area want to
keep their gate access. He distributed a set of plans dated February 16, 1990
showing his garage and accessibility to his property. He discussed the probability
of not developing the area if his gate access is removed. He narrated a brief slide
presentation depicting the Wilderness Park area and surrounding parking lots.
I t was moved by Council Member Boggs and seconded by Council Member Hayden to
waive further reading and adopt with removal of Condition No. 18 allowing the gate
to remain accessible. (See later vote.)
Mr. Rangel expressed concern that continued gate access to the park would
increase City liability and mentioned this would be an opportunity to correct the
situation.
Mr. Jarrett noted the original gates were installed in 1974 because the
properties on this street were landlocked. When the City developed the park, they
insured the property owners the right to have access through these gates. With the
redevelopment of Mr. Cook's property, he has access from the front of the property
and does not require use of this gate from the back of his residence.
Council Member Cormack agreed with staff's comments to correct the l i a b i l i t y at
this time.
Mr. Thorson reviewed a copy of a letter dated April 11, 1974 from the City to
the property owners allowing the residents to pay for the cost of the gates. He
advised this document does not qualify as a contract binding to the City.
Council Member Boggs discussed good faith in the City; obviously, there was an
understanding between the property owners and the City long ago that is now being
threatened. The City should not penalize this one property owner who is just trying
to develop his site.
Council Member Hayden concurred, noting that if the liability issue is to be
addressed then the entire street should be reviewed. She suggested voting on this
one case tonight and then dealing with the other liabilities on the street at one
time on a future date.
Council Minutes 6/11/91 -20-
9 26b
Council Member Brazelton noted there have been no l i a b i l i t i e s in the past in
this area so he could support the motion.
The vote on the above motion to adopt the resolution deleting condition #18 was
carried by the following vote:
AYES: Council Members: Boggs, Hayden, Brazelton
NOES: Council Members: Cormack, Paul
ADJOURNMENT:, 1:08 a.m., June 12, 1991
The meeting was adjourned to 4:30 p.m., June 18, 1991 in the Council Chamber o
the Downey City Hall.
1
,r r` {
u E, i th E. McDonnel ,.=City Clerk Roy L. ' aul , Mayor
e
Council Minutes 6/11/91 -21-
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