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HomeMy WebLinkAboutMinutes-06-08-81-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JUNE 8, 1981 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Res. #3968, adopting Fiscal Year 1981-82 Budget w/implementing documents Adopted 1 Res. #3969, Granting approval of Permissive CUP #2 (Suva St.) Adopted 2 Ord. Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #171) (11105 Old River School Rd.) Introduced 3 Ord. amending DMC adding Secs. 3361-3367 additions to Uniform Fire Code (1579 Re -introduced with change in Edition) Sec. 3366 3 Res. #3970, Confirming 1981-82 Fiscal Year Assmt. for Ltg. Maint. Dist. AD 121 Adopted 3 Removal of Items from Consent Calendar 4 Minutes: Adj. Reg. Mtgs., May 14, 1981; May 15, 1981; May 26, 1981; & Reg. Mtg., May 26, 1981 Approved 4 General Warrants: #191222 - 191492 #208250 - 208281 Approved 4 Minority Business Enterprise Plan (MBE) - S.S. Proj. #349,#355: Adopt Caltrans MBE Plan req. in conjunctn. w/subj. EAU funded projs. to upgrade City-wide Traffic Signal Safety Lighting Approved 4 Res. #3971, Supporting Ratification of Peripheral Canal Referendum Adopted 4 Res. #3972, Supporting Licensing of San Onofre Units II & III Nuclear Plants Adopted 4 Res. #3973, Supporting Enactmt. of AB 1623 (Martinez) to provide for completion of Long Beach Freeway Adopted 4 Res. #3974, Commending Shirley E. Webster as 1980-81 Pres. of Downey Chamber of Comm. Adopted 4 Res. #3975, Joint w/Paramount Apprvg. & Acceptg. negotiated Property Tax Revenues, if any, resulting from detachment of territory from Downey & Annex. to Paramount Adopted 4 Representative of Westock Corp. offered proposal of installing public firing range in City Will contact staff 4 Manzanar Av. N/o Gallatin Rd. - Drainage Held over for further report Problems next meeting 5 Preliminary Plans for Expansion of Golden For information; staff will come Park Building back later w/further recommencin. 5 Parcel Map #14340 (12321 Glynn Av.): Accept Park Fees of $1500 Approved 5 Res. #3976, Apprvg. Final Subdiv. Map of Parcel Map #14340, Apprvg. A_gmt. with Subdividers, & Acceptnc. of Letter of Credit in Lieu of Surety Bonds (12321 Glynn Av.) Adopted 5 Page 1 of 2 COUNCIL MINUTES, JUNE 8, 1981 (ADJOURNED) TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Cable Television: Accept Calif. Cable Systems, Inc., as "leading contender" with whom City would negotiate Approved Cable Television: Continued participation in Seven Cities Consortium but without commitment to grant franchise to same TV company as consortium may Approved PAGE NO A 3 Progress report re Downey Welcome Signs Further report next meeting 6 Refuse Burning System - Slide presentation Further reports to be made & discussion by staff Cn. Quinn reported on request for block wall on property at SW corner of Brookshire & Puritan Handgun training program for housewives & supported by Police & service clubs: Direct staff to look into program National League of Cities: Annual membership dues, 9/l/81-8/31/82, $2633 Referred to staff for report Approved M H E Indicated approval; final approval to be made when warrant comes thru for payment 6 Subvention Funds Mayor & Council to contact legisla- tors re equal treatment 7 Downey Municipal Court: Staff to prepare resolution to send to County Supervisor that Council insists Court stay in Downey near City Hall complex Approved 7 Joint hearing of Council & Community Dev. Comm. re Downey Redevelopment Project Disposition & Dev. Agmt. w/Republic Development Co. Closed Res. making Findings required under Sec. 33433 of Calif. Health & Safety Code with repect to Disposition & Dev. Agmt. with Republic Dev. Co. (Downtown Office Park) Tabled 7 0 Page 2 of 2 (0/y/7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JUNE 8, 1981 The City Council of the City of Downey held an adjourned regular meeting at 7:30 p.m., June 8, 1981, in the Council Chamber of the Downey City Hall, Mayor Milton R. Mackaig presiding. PRESENT: Council Members: Lyell W. Swearingen Mayor Pro Tem James T. Quinn Robert G. Cormack Theodore H. Jackman Milton R. Mackaig Mayor ALSO PRESENT: Loren D. Morgan, Acting City Manager Royal M. Sorensen, City Attorney Ronald W. Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer Harry Rayson, Building Official Charles G. Eccleston, Traffic Engineer Don Wagner, Assistant to City Manager Thomas Tincher, Housing & Redevelopment Coordinator Linda Papas, Administrative Assistant Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman Jackman. The Flag Salute was led by Councilman Quinn. HEARINGS Mayor Mackaig opened the hearing on City of Downey Budget for Fiscal Year 1981-82. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to receive and file the Proof. Mr. Morgan reported that the total amount in the Budget this year is $27,617,476. Mayor Mackaig inquired if there was anyone present wishing to speak to the Budget. Mr. Joseph Lukes, 10409 Lesterford, President of the Committee on Aging, in- quired if the amount allocated for Human Services includes Apollo Park improvements for the Senior Citizen Drop -In Center, and also how much is allocated for senior transit in view of CETA funds being cut off. He was advised to review the Human Services portion of the Budget on file in the Library and City Clerk's Office. As to the senior citizen transit, he was informed the City's program has been funded by the Los Angeles County Traffic Commission in the total amount to support the program in its entirety for next year. There being no one else wishing to speak, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. RESOLUTION NO. 3968 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 1981-82 BUDGET WITH IMPLEMENTING DOCUMENTS The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3968. The vote was unanimous. Mayor Mackaig stated the Council has had the public hearing on Permissive Conditional Use Permit No. 2, Southeast Corner of Suva Street and Scout Avenue. He Council Minutes 6/8/81 (adj.) -1- said the Council agreed it would listen to any citizen who had new input concerning this matter. He then inquired if there was anyone present who wished to provide the Council with new input. Mr. Ken Stallcup, 6789 Dos Rios, noted this item is shown on the Agenda for approval, and he inquired what new information the Council has received when its last action was not to approve. Mr. Sorensen advised the Council is not obligated to disclose any particular thoughts or material as to why any member wishes to vote in a particular manner. It was moved y Councilman Jackman to deny approval of Permissive Conditional Use Permit No. 2. The motion died for lack of a second. RESOLUTION NO. 3969 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING APPROVAL OF PERMISSIVE CONDITIONAL USE PERMIT NO. 2 (SUVA STREET) The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading and to adopt Resolution No. 3969. Councilman Jackman said he does not like the Permissive Conditional Use Permit idea and he may make a motion after conclusion of this matter instructing staff to come back with cancellation of the Resolution where Conditional Use Permits were put into effect. Mayor Mackaig mentioned he was told that all of the people objected to Wilcox Machinery constructing a new building at Suva and Scout. However, he is in receipt of a letter from Margaret Rodenbush, who states all of the people are not opposed. Mayor Mackaig indicated he spent the last two weeks reviewing this with the City Planner, and he has been assured that with the conditions imposed, there will be no violation to any Downey Code, and the noise decibels are far below minimum by a great extent, which does make a difference to his way of thinking because he was not told this before. The Resolution was adopted by the following vote: AYES: 3 Council Members: Swearingen, Quinn, Mackaig NOES: 2 Council Members: Cormack, Jackman Mayor Mackaig opened the hearing on Zone Change Case No. 171, 11105 Old River School Road. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to receive and file the Proof. Mr. Goggin reported on the location of the property, development of the surrounding properties, and the request to change the zone from R1-5000 to R3 with a PUD. He said this would comply with the General Plan. Mayor Mackaig inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Mackaig then asked if there was anyone present wishing to speak in favor of the Zone Change. Mr. Frank Evola, 7857 Florence Avenue, commented on development of the adjacent properties, including those across the street, and noted that due to the mixture of present uses he feels he is in complete accord with the requested zone change for the subject property. He gave assurance the design of the new development will take into consideration the R-1 properties to the north and west, and all necessary de- sign criteria will be made to provide as much privacy as possible to the R-1 property. Mr. Evola mentioned that if the property is rezoned as requested, it will become a natural and much needed buffer because it is situated between two differ- ently zoned pieces of property. Also, the project will be complimentary to existing conditions and adjoining property of the surrounding area. There being no one else wishing to speak in favor and no one to speak in opposition, it was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to close the hearing, Council Minutes 6/8/81 (adj.) -2- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE NO. 171) The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading and to introduce the Ordinance. The vote was unanimous. Mayor Mackaig opened the hearing on Proposed Amendments to the 1979 Uniform Fire Code. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Responding to questions, Chief Davis explained Section 3362 would give the City authority to move an un-attended vehicle leaking gasoline or some other hazard to a safe area. As to Section 3366-concerning "Knox Boxes," he stated these boxes are installed as a security with keys that allow the Fire Department to enter a building without having to break a window or door. Mayor Mackaig inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present wishing to speak for or against the proposed amendments, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. Mr. Sorensen explained he has been advised since the Ordinance was not adopted prior to June lst, the effective date of July 1, 1981, shown on Page 2 under Section 3366, Sub -section 10.209 (b), should be changed to September 1, 1981. He said with this change inserted, the Ordinance should be re -introduced and then adopted at the next meeting. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTIONS 3361 THROUGH 3367 WHICH ARE ADDITIONS TO THE UNIFORM FIRE CODE The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Jackman to waive further reading and to introduce the Ordinance with the change in Section 3366 from July 1, 1981, to September 1, 1981., The vote was unanimous. Mayor Mackaig so ordered that the joint hearing with the Community Development Commission on the Downtown Office Project be continued to the time when the Commission reconvenes at the end of the City Council Meeting. Mayor Mackaig opened the hearing on Lighting Maintenance District AD 121, 1981-82 Assessment Levy, pursuant to the provisions of the Landscaping and Lighting Act of 1972. He inquired if the City Clerk had the Affidavit of Posting and Mailing of Notices and the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to receive the Affidavit and Proof. Mr. Eccleston stated the report furnished to the Council at its meeting on May 26th remains the same. There has been no input from the public on this. Mayor Mackaig inquired if the City Clerk had received any written corres- pondence on this matter, and the response was no. There being no one present wishing to speak regarding proposed intention to levy and collect assessments for 1981-82 fiscal year, it was moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to close the hearing. RESOLUTION NO. 3970 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE 1981-82FISCAL YEAR ASSESSMENT FOR LIGHTING MAINTENANCE DISTRICT AD 121 Council Minutes 6/8/81 (adj.) - -3- S The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Jackman to waive further reading and to adopt Resolution No. 3970. The vote was unanimous. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda items VIII-E-1, Cable TV Committee Recommendation, and VIII-F-6, Resolution regarding Parcel Map #14340, were removed from the Consent Calendar to be considered under XII-B - Miscellaneous Actions. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meetings of May 14, 1981; May 15 1981• May 26, 1981; and Regular Meeting of May 26, 1981. General Warrants: #191222 - 191492; #208250 - 208281: $1,017,732.95. Minority Business Enterprise Plan (MBE) - S.S. Project #349 and #355: Adopt the Caltrans MBE Plan required in conjunction with the subject FAU funded projects to upgrade the City-wide Traffic Signal Safety Lighting. RESOLUTION NO. 3971 A RESTOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING RATIFICATION OF THE PERIPHERAL CANAL REFERENDUM RESOLUTION NO. 3972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE LICENSING OF SAN ONOFRE UNITS II AND III NUCLEAR PLANTS RESOLUTION NO. 3973 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE ENACTMENT OF AS 1623 (MARTINEZ) TO PROVIDE FOR THE COMPLETION OF THE LONG BEACH FREEWAY RESOLUTION NO. 3974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING SHIRLEY E. WEBSTER AS 1980-81 PRESIDENT OF THE DOWNEY CHAMBER OF COMMERCE RESOLUTION NO. 3975 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AND THE CITY COUNCIL OF THE CITY OF PARAMOUNT APPROVING AND ACCEPTING NEGOTIATED PROPERTY TAX REVE- NUES, IF ANY, RESULTING FROM DETACHMENT OF TERRITORY FROM DOWNEY AND ANNEXATION TO PARAMOUNT AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig ORAL COMMUNICATIONS - Items not on Agenda Mr. Dean Engle of the Westock Corporation, offered for the Council's con- sideration a proposal of installing a public range for instruction of firearms in the City of Downey. He cited the benefits that could be derived from a venture of this nature in the City, including a contemporary building that would enhance the area; sizeable revenue generated through business taxes, plus bringing people _ into the area; and a reduution in criminality in the City. The facility would teach people how to properly utilize firearms, particularly housewives, and possibly younger children in the junior shooting program. It is also intended to have a shooting program for teaching ambulatory patients in the local hospital. There would be safety programs on the use of firearms, and the facility would be one the Police could utilize. Mr. Engle was asked to contact the City Manager concerning the details and then possibly a staff report back to the Council. ORDINANCES - None RESOLUTIONS - None Council minutes 6/8/81 (adj.) -4- CASH CONTRACTS - None MISCELLANEOUS ACTIONS Manzanar Avenue N/o Gallatin Road - Drainage Problems Councilman Swearingen indicated this involves a lot of money, and he requested it be held over. Councilman Cormack mentioned there are some people on the street who would like the trees removed, but there is a great number who do not. He suggested seriously considering for those people who want the trees removed that the City can remove them and repair the curb and gutter, and for those who object to having the trees removed, that the curb be removed and retrenched. Held over for further staff report next meeting. Preliminary Plans for Expansion of Golden Park Building Mr. Neavill commented on the funds allocated for this project and said resi- dents of the neighborhood were contacted, there were surveys and questionnaires, and following a series of meetings it was determined the primary need for the Golden Park neighborhood would be to provide a greater amount of space and multi -use facilities for classes, club meetings, etc., including expansion of the kitchen facility and the addition of a separate activity room. It is also hoped if the existing building cannot be removed that it can be aesthetically improved. Mr. Neavill stated the architect was asked to consider the option of complete removal of the structure and starting over, or adding on and modifying the existing build- ing. It was the architect's decision and advice to add on to the building due to budget limitations. A meeting will be held at Golden Park next Monday evening for review of the plans, and the Council and all residents are invited to attend. Mr. Willis Hanes, architect, described the location of the existing building in the park and with the assistance of displayed plans discussed the proposed addi- tion, noting the main part will be an.all-purpose room, making the kitchen as the "hub" of the entire project. He stated the new addition will require a variance in order to meet setback requirements. Mr. Neavill explained staff will be coming back to the Council, after review with the neighborhood, with plans and specifications and requesting authorization to go out to bid. RESOLUTION NO. 3976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NUMBER 14340 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS, AND ACCEPTANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (12321 GLYNN AVENUE) The Resolution was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to accept the Park Fees of $1500 for Parcel Map #14340. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading and to adopt Resolution No. 3976. The vote was unanimous. It was noted the Cable Television recommendation is in two parts, and a dis- cussion was held regarding whether two actions of the Council would be necessary. -- Councilman Jackman suggested the.second motion shown in the recommendation should be changed to say, "The City of Downey would be prepared to negotiate with the television company for a franchise" because they would be separate franchises in any event. The rest of the Council concurred. It was then moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by the following vote to accept California Cable Systems, Inc., as the "leading contender" with whom the City of Downey would be prepared to negotiate. A Mr. Knoll, speaking from the audience, requested permission to address the Council. He was informed this is not a public hearing --the Council will not be taking any input, nor is the Council taking final action at this time. There will be a public hearing with public input before the Council takes final action. Council Minutes 6/8/81 (adj.) -5- G a, Mr. Knoll then asked if there will be negotiations with California Cable Systems prior to the public hearings, and the response was yes. He expressed opposition to holding public hearings after negotiations have been entered into and agreements reached before the public has had an opportunity to provide input. When asked if negotiations can be held prior to the public hearing, Mr. Sorensen advised that generally negotiations are held ahead of time and an applica- tion made with a proposal. The hearing would be held on the franchise proposal, which the Council can a cept, reject, or modify. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to approve continued participation in the Seven Cities Cable Television Consortium, but without commitment to grant a franchise to the same television company as the consortium may. Councilman Jackman stated Mr. Pilnick, the consultant, is obligated under his contract to stay with the consortium until the franchise is formulated, the public hearings are held, and until a franchise is granted. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig CITY MANAGER'S REPORT Mr. Morgan stated per the Council's request, staff has investigated the costs for changing the Downey Welcome Signs from "Home of Apollo" to "Home of Space Shuttle," or both, and it is staff's opinion the signs are too small to say both. To remove the word "Apollo" for the words "Space Shuttle" in the seven signs would amount to $2,443; however, only four of those signs have the words "Home of Apollo." Mr. Morgan also commented on the problem of oxidizing, which makes the signs diffi- cult to read, and it would require major modifications to the signs if the wording were to be in larger letters. Rockwell will be contacted and he will give further report back next meeting. Linda Papas narrated a slide presentation of a Refuse Burning System in Auburn, Maine, which was visited by Councilman Cormack and Public Works Director Bill Ralph. Councilman inquired how much reduction is obtained by reducing the rubbish to trash. Councilman Cormack replied approximately 35-40 percent, but it does not oxi- dize the metal, which comes out clean and can be salvaged. Councilman Jackman indicated he would like to know the costs involved. Mr. Morgan mentioned staff is looking into the costs and also at a larger unit. When asked if he would recommend this unit over the one in Carson, Councilman Cormack replied no because a stack emissions report has not been received; plus, the ash percentage is high. Responding to an inquiry regarding what would be in- volved in the way of energy, he said Mr. Ralph will be submitting that information including the costs and whether this unit would pass the City's ordinances. He did suggest that perhaps this could be tied in with the DART Program and continue separating recycables. ORAL COMMUNICATIONS - City Council Councilman Quinn asked for a report back concerning a request from Mr. Baca for a block wall on his property at the southwest corner of Brookshire and Puritan. The Planning Commission has said it cannot be done as requested. He has viewed the property and it is an eyesore the way it is now. Councilman Cormack proposed a handgun training program for housewives to be supported by the Police Department and service clubs. It was moved by Councilman Cormack, seconded by Councilman Quinn, and so ordered that staff be directed to immediately look into a program of handgun train- ing for housewives. Mayor Mackaig stated the City's Annual Membership Dues for the National of Cities are due for the period of September 1, 1981, through Auqust 31, 19 of $2633 Council Minutes 6/8/81 (adj.) -6- 6 81Z3 It was moved by Councilman Swearingen and seconded by Councilman Quinn to pay the Annual Membership Dues for the National League of Cities. Mr. Sorensen stated this will require final approval when the warrant comes through for payment. Mayor Mackaig commented on receipt of a telegram noting that the final deci- sion on Subvention Cutbacks probable by joint conference committee could be arrived at as early as Thursday, June llth. The telegram also urges cities to contact their legislators the early part of this week and insist on equal cuts for all levels of government resulting in seven percent average growth. Mayor Mackaig said he will contact all members of the committee, including Assemblyman Young and Senator Campbell. The rest of the City Council will contact Assemblyman Young and Senator Campbell. It was moved by Councilman Cormack, seconded by Councilman Jackman, and so ordered that staff prepare a resolution to send to County Supervisor Schabarum informing him the City Council insists the Municipal Court stay in Downey locat near the City Hall complex. ORAL COMMUNICATIONS - Audience: None JOINT HEARING The Community Development Commission meeting was reconvened for the joint hearing with the City Council. Mayor Mackaig declared a recess from 9:09 p.m, to 9:19 p.m. The meeting re- sumed with all Council Members present. At this time, the Commission continued with the remaining items on its Agenda. Mayor Mackaig opened the joint hearing of the Community Development Commission and City Council on the Downes Redevelopment Project Disposition and Development Agreement with Republic Development Companv for the project referred to as the Secretary had the Proof of Publication, response was yes. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to receive and file the Proof. Mr. Tincher explained that pursuant to Redevelopment Law, and prior to approval and execution of a Disposition and Development Agreement which would result in the sale of land, a finding has to be made by the City Council as to whether or not the amount of sale of land is greater or less than the amount of actual acquisition costs. He said in essence the land sale price is less than the projected acquisi- tion costs. Mr. Tincher mentioned the project includes parcels that were part of the Downtown Jewelry Center Project and properties which were part of the Negotia- tion Agreement with Republic Development on the northwest corner of Second Street and Downey Avenue. He referred to a displayed map showing Phase I, which includes construction of two office buildings; acquisition of properties contained in the block bounded by New Street, Downey Avenue and Firestone Boulevard; the vacation of Second Street and portions of New Street; a land trade between Security Pacific Bank and the City; and expanded parking. He discussed further details involving this project and commented on possible development for the area bounded by Downey Avenue, LaReina Street, Third Street, and Firestone Boulevard. Mayor Mackaig inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Mackaig then asked if there was anyone present who wished to speak to the Redevelopment Project Disposition and Development Agreement with Republic Development Company. Mr. Jim Peacock, President of First Broadway Financial, a real estate company located in the building owned by Mr. Wood, who is also his partner in the business, referred to a newspaper article in the Saturday edition of the Herald American and said this is how he learned of the project --there was no prior notification. He inquired why prior notice was not given and what the plans are for relocation and the costs. Mr. Peacock raised further questions and requested this matter be tabled until further information can be given to the people involved. Council Minutes 6/8/81 (adj.) (03a4 It was pointed out that a notice of the hearing was printed in the local news- paper, according to law, on May 26th and June lst, two consecutive weeks prior to the public hearing. Councilman Cormack stated even though publication was given according to the law, there are a lot of people in the City that do not read the Southeast News. He feels all residents located in a redevelopment area should be contacted by letter and informed what is proposed for redevelopment. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote that staff also notify the individual property owner and the tenant of the property. During discussion, Councilman Jackman indicated the persons to be notified would be those who would be involved in a hearing for a particular project. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig Mr. Bob Wood, 7104 DePalma, said he is the owner of eight buildings in the project area. He mentioned he was informed he would be contacted at the time some- thing was proposed for his property, plus he had indicated his willingness to conform to the architectural plans, etc. Mr. Wood said Republic has been negotiating with the City, and he questioned why he was not contacted regarding this. He also commented that many of his tenants have been in business for 25'=27 years, and he questioned that when a property owner indicates a willingness to participate in a redevelopment project why he is not given some consideration in the plans. Mayor Mackaig feels the Council should first be advised of a situation, then the property owner, and then the newspaper. Councilman Cormack suggested perhaps the Department Heads should not give out detailed information regarding an Agenda item until after the Council Meeting. Mr. Morgan stated the Council and the City is a public organization and has no control over what the newspapers print. The City operates from day to day being asked questions from newspapers, and a newspaper has a Constitutional right to that information from a public body. During discussion, Mr. Morgan stated in the future staff will be careful to not suppose what a Council action will be when responding to questions of the newspaper. Dorothy Richard, 9205 Tweedy Lane, asked how the Cardono and Republic Projects were combined; that when it was no longer Mr. Cardono's project, were local builders told they could become involved; and why can't Mr. Wood develop his property as part of the plan? Mr. Morgan responded the City is continually looking for developers who have the financing to do some large projects. He pointed out these are only proposals, and it is not known that what is proposed is what will happen. He said Mr. Cardono has not been terminated by the City but is in default of his agreement. He feels Mr. Cardono has done his best to put the project together and has found a partner in Republic Development in order to accomplish this. Mr. Tincher explained the first step toward a specific plan is a Negotiation Agreement, and the City has a Negotiation Agreement with Republic for the parcel just to the north of Second Street. Mr. Wood was contacted regarding his interest in developing. The proposal that has evolved for this area is because the develop- ment to the south has not happened on its own; plus, Republic has the ability to perform and has shown this in its commitment for a multi -story hotel. Mr. Tincher was asked if there were other developers interested in this site, and he replied there were two others --the overall concept was discussed with them. The commitment in terms of the Negotiation Agreement on a portion of the property had been made to Republic some months ago, and another reason Republic is involved is that Security Pacific Bank, who is a key property owner in the area, is a prime lender for Republic, making the natural link between those who can put a project of this scope together, but it still does not preclude participation by existing property owners in the area. Mr. Sam Mallett, 8429 Sixth Street, owner of the restaurant located on property owned by Mr. Wood, expressed concern over a proposal that would jeopardize his busi- ness and said there is no way he can now sell his business or sublet it. He commented his business is more on a personal nature with his customers. When he Council Minutes 6/8/81 (adj.) -8- started his business over 20 years ago it took him three years to make a profit, and he does not relish the idea of starting over. Also, he has almost four years left on a five-year lease. There being no one else wishing to speak, it was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to close the hearing. RESOLUTION NO. A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF DOWNEY MAKING THE FINDINGS REQUIRED UNDER SECTION 33433 OF THE CALIFORNIA HEALTH AND SAFETY CODE WITH RESPECT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH REPUBLIC DE- VELOPMENT COMPANY (DOWNTOWN OFFICE PARK) The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading and to adopt the Resolution. (See later motion to table.) A discussion was held regarding allowing some flexibility so that the property owners can become involved. Mr. Sorensen suggested since the hearing has been conducted, that the Council wait before adopting the Resolution until after an agreement has been brought back with some modifications, if that is what is desired. He pointed out there could be some changes in the Disposition and Development Agreement which would have an im- pact upon the price specified. Councilman Jackman requested the Resolution be set aside to the next meeting and investigate the possibility to see if changes can be made to provide for owner participation if so desired. Mr. Tincher indicated he will have to meet with Republic and their attorney. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by unanimous vote to table the Resolution. The meeting was then adjourned at 10:35 p.m. Robert L. Shand, City Clerk -Treasurer Milton R. Mackaig, Mayor Council Minutes 6/8/81 (adj.)