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HomeMy WebLinkAboutMinutes-06-26-84-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 26, 1984 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Diane Boggs & James Santangelo request to be City Clerk instructed seated as Council Members to prepare Resol, for July 3rd seating of new Council Members 1 David Ray called for seating of new Council Members 1 Cn. Davila: Motion to install newly -elected Died for lack of a Council Members second 1 David Ray: Council residency in Dist. One Proclamations re Wednesday, July 4th as Anniversary of America's Independence Approved 3 Hearing on General Plan Amendment 84-1A, Fairford Avenue School Continued to July loth 1 Res. #4415, Apprvg. Sale of Certain Real Property pursuant to Disposition & Development Agmt. by & bet. Community Dev. Comm. of City & Shepherd Dev. Adopted 3 Res. #4416, Making certain Determinations re CEQA Compliance in connection w/approval of a Disposition & Dev. Agmt. by & between Community Dev. Comm. of City & Shepherd Dev. Adopted 3 Hearing on Revenue Sharing and City of Downey Continued to end Budget for Fiscal Year 1984-85 of meeting 4 Removal of Items from Consent Calendar 4 Minutes: Adj. Reg. Mtg., May 29, 1984; & Reg. Mtg., June 12, 1984 Approved 4 Report on Warrants Issued: #212056 - 212103 #318126 - 318347 Approved 4 R3-0 & P.U.D. Code Amendments (proposed) Hearing set for July 24, 1984 4 Res. #4417, Apprvg. Final Subdiv. Map of Parcel Map #16059 (9615-23 Downey Av.) Res. #4418, Apprvg. Final Subdiv.Map of Tract Map #33181 Apprvgt. Agmt. w/Subdivider & Accept of Cashier's Check in lieu of Surety Bonds (11751 Downey Av.) Adopted 4 Lennie Whittington re seating of new Council Members 4 Ordinances re Agmt. for Reimbursement of Tax Increment Funds & Redevelopment Plan Amendmt. #3 Cont. to July loth 4 Ord. Apprvg. Agmt, for Reimbursement of Tax Increment Funds (excludes Rancho property) Introduced 5 Ord. Apprvg. & Adoptg. Plan Amendment to Redev. Plan for Downey Redevelopment Proj. (excludes Rancho property) Introduced 5 Page 1 of 2 COUNCIL MINUTES, JUNE 26, 1984 TABLE OF MINUTES ACTIONS (CONTINUED) SUBJECT ACTION Ord. #756, Amending Zoning Map adopted by Sec. 9106.06 DMC (Planning Res. #769, Zone Change Case #202R) (11102-08 Woodruff Av.) Adopted Ord. Apprvg. Cooperative Agmt. bet. City & County re Downey Municipal Courthouse Cont. to July loth Ord. #757, Amending Sec. 2101 DMC re Place of City Council Meetings Adopted Res. #4419, Implementing Modifications to Classification & Compensation for Clerical & Secretarial Series Adopted Res. #4420, Apprvg. Home Mortgage Financing Program in Cooperation w/County & Auth. Mayor & City Clerk to execute Cooperative Agmt. bet. County & City Adopted Change Order #2 under Cash Contract #516 - Civic Center Site Improvements: Approve price & reject the work Approved Change Order #31 under Cash Contract #485 - Civic Center Const. Cont. to July loth Cash Contract #519, Water Main - Firestone B1. at West City Limits: Award to John T. Malloy & encumber funds Approved Firestone Bl. - Demonstration Proj. Owner Participation Agmt. & Lending Institution Agmt.: Auth. Mayor to sign Operating Agmt. w/Downey Savings & Loan & OPA with Sam Tyrus & Dan Levy Approved Mayor Cormack comments re petition protesting 42-inch opening in fence on Baysinger & Tristan James Santangelo re Bingo Ord. Hearing on Revenue Sharing & City Budget for Fiscal Year 1984-85 Meeting adjourned to 5:00 p.m., June 29, 1984, for cont. hearing on Rev. Sharing & City Budget Ref. to staff Cont. to 5:00 p.m., June 29, 1984 PAGE NO. 5 5 5 5 6 6 6 6 6 7 7 Page 2 of 2 �, Y6(/ MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 26, 1984 The City Council of the City of Downey held a regular meeting at 7:30 p.m., June 26, 1984, in the Council Chamber of the Downey City Hall, Mayor Robert G. Cormack presiding. PRESENT: Council Members: Robert G. Cormack Mayor Ted H. Jackman Mayor Pro Tem Randall R. Barb Bob Davila James T. Quinn ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney William A. Ralph, Director of Public Works James R. Cutts, Director of Community Development Lee Powell, Director of Administrative Services William F. Martin, Police Chief Don Davis, Fire Chief James R. Jarrett, Acting Director of Community Services Francis Carter, City Planner Harald J. Henriksen, City Engineer Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Jeanne Cook, Deputy City Clerk -Treasurer INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Harold Adams, Downey First Baptist Church. The Flag Salute was led by Councilman Quinn. Diane P. Boggs, 8629 Meadow Road, stated that inasmuch as the Councilman for District One no longer resides in the District and inasmuch as she has been duly elected and certified by the County of Los Angeles to serve as Council Member for that District, she requested to be seated as the Council representative for District One. Mayor Cormack indicated he has instructed the City Clerk to prepare a Resolution for July 3rd seating of the new Council Members. James Santangelo, 8434 Lexington Road, requested a decision from the City Attorney in regard to his being seated as the Council representative from District Five. Mayor Cormack again stated the City Clerk has been instructed to prepare a Resolution for July 3rd seating of the new Council Members. So ordered. It was moved by Councilman Davila to honor the Charter and install the newly -elected Council Members this evening. The motion died for lack of a second. Mr. David Ray, 7338 Nada, discussed Council residency in District One. PRESENTATIONS It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by unanimous vote to Proclaim Wednesday, July 4th, as the Anniversary of America's Independence. HEARINGS Mr. Ovrom explained that inasmuch as the hearing regarding General Plan Amendment 84-1A, Fairford Avenue School was not properly advertised, it will be continued to the meeting of July 10, 1984. Mayor Cormack declared a recess from 7:42 to 7:45. The meeting resumed with all Council Members present. Council Minutes 6/26/84 -1- 9(16a Mayor Cormack opened the joint hearing between the Council and Community Development Commission on Disposition and Development Agreement with Shepherd Development, a California Joint Venture, regarding Sale of Property at Firestone Boulevard and Dolan Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Mr. Cutts reported staff has prepared an Agreement between the City, the Commission, and the First Baptist Church of Downey, who is now represented by Shepherd Development for the sale of property located at 8351 Firestone Boulevard. The Church has indicated it is wiling to pay $12 a square foot for the 62,019 square foot lot in order to construct a 30,000 square foot office building. Mr. Cutts described the elements contained in the Agreement now before the Commission and Council, which covers the size and assessed value of the building to be constructed and purchase price of the property. The Agreement also calls for an option consideration of $74,422 payable by Shepherd to the Commission upon execution of the Agreement; a performance bond in the amount of not less than $2,550,000; and that Shepherd shall submit to the Commission complete construction drawings, a landscaping plan, and obtain building permits no later than February 1, 1985. The net costs to the Commission as of this date are $645,989. He noted the annual tax increment wil amount to approximately $32,942, and the estimated Sales Tax will be approximately $1,200 a year. It was moved by Councilman Davila to continue this matter to July loth. The motion died for lack of a second. Mayor Cormack inquired if anyone wished to speak in favor of the Agreement for sale of property at Firestone Boulevard and Dolan Avenue. Mr. Willis Leach, Jr., 7823 Fourth Place, commented regarding the Churches' first proposal to purchase the property for parking purposes and of a subsequent proposal to build a building of 20,000 square feet, which was rejected. The Church now proposes a building of 30,000 square feet. He expressed further comments in favor of the proposal. Mr. Richard Salyer, 10531 Mattock Avenue, counsel for the Church and legal counsel on behalf of Shepherd Develoment, presented a letter to the City Clerk containing a certified check in the amont of $74,422 representing the down payment from Shepherd Development for purchase of the property and its development pursuant to the terms of the agreement. Mr. Wilber Hill, 7724 Fourth Place, said as a member of the First Baptist Church of Downey, he would suggest that those who are members of the Church not vote on this matter. Reverend Harold Adams, 10003 Brookshire Avenue, said the Church and its congregation are in support of this project. There being no one else to speak in favor, Mayor Cormack asked if anyone wished to speak in opposition. Mr. Jim Santangelo, 8434 Lexington Road, raised a question of what the City might also be giving to the Church in regard to sale of the property, and he mentioned having a copy of a document in which it was indicated the Church would need parking for approximately 477 vehicles for evening and weekend use. He is not opposed to the Church paying a fair amount for the parcel and does not feel the purchase price is an unfair amount. Mr. Santangelo said the Church will be receiving a reciprocal parking agreement, plus the Church has the priviledge of consuming more than half of the parking places in the Civic Center complex. Mr. James M. Derry, 7845 Fourth Street, questioned whether a decision was properly made relative to the agreement to sell the property to the Church. He also spoke regarding the proposals submitted and rejected during the early stages of consideration of this project. Mr. Jim 434 Attorney that shetwas eduly 8elected �and oqualified n Road, aand id hthat shenshould be seated formed by the ty as a Council person this evening. When he is seated on the City Council he will pray for rescission of the contract on both of the parcels. Council Minutes 6/26/84 -2- Mr. Richard Salyer, 10531 Mattock, mentioned there is no reciprocal parking agreement between the Church and the Commission. The agreement provides that there is a reciprocal right to access by ingress or egress, which means either party has the right to drive over but neither party is specifically given the right or is extending the right to use the parking facilities of the other person. This, he said, was specifically excluded from the terms of the Disposition and Development Agreement and is not before the Council at this time. Mr. Pat McEvilly, 221 Avenida Santa Catalina, La Habra, operator of the Sizzler Restaurant on Lakewood near Florence, commented regarding his proposals to purchase the property and of discussions by the Commission on this matter. He narrated a slide presentation regarding the vacancy rate of office buildings in the City and to clarify why he thinks the proposal from the Church is not in the best intersts of the City or its citizens. Mr. McEvilly feels Sizzler is a fine restaurant, one the City can be proud of. Mr. Paul Sarvis, 13603 Barlin, challeneged the eligibility of several members of the commission and Council to vote on this matter. He raised questions rgarding the guarantees of performance under the contract and requested this matter be tabled to July loth. Mr. David, Ray, 7338 Nada, said the proposals submitted by the Church and the Sizzler Restaurant should each be considered on their own merits and what is best for the City. Noting the high vacancy rate of office buildings, he indicated the Sizzler is a much more logical proposal for the City. He also feels this should be postponed to July loth for seating of the new Council. There being no one else to speak in opposition, rebuttal time was granted to the redeveloper. Mr. Willis Leach, 7823 Fourth Place, responded to comments made in opposition. It was moved by Councilman Davila, seconded by Councilman Barb, and so ordered to close the hearing. It was moved by Councilman Davila to continue this matter to July loth. The motion died for lack of a second. At this time, the Commission adopted Resolution No. 158 concerning approval of the sale of the real property pursuant to the Disposition and Development Agreement between the Commission and Shepherd Development, and Resolution No. 159 regarding CEQA Compliance in connection with approval of the Agreement. RESOLUTION NO. 4415 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SALE OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY AND SHEPHERD DEVELOPMENT RESOLUTION NO. 4416 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAKING CERTAIN DETERMINATIONS RELATING TO CEQA COMPLIANCE IN CONNECTION WITH THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY AND SHEPHERD DEVELOPMENT The Resolutions were read by title only. It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila Councilman Davila indicated his "no" vote was only to adoption of the Resolutions and not to the waiver of further reading. Council Minutes 6/26/84 -3- 7�16 � Mayor Cormack declared a recess from 9:40 p.m, to 9:45 p.m. The meeting resumed with all Council Members present. Mayor Cormack opened the hearing on Revenue Sharing and City of Downey Budget for Fiscal Year 1984-85. It was moved by Councilman Barb, seconded by Councilman Quinn, and so ordered to continue the hearing to the end of the meeting. REMOVAL OF ITEMS FROM CONSENT CALENDAR It was noted that Agenda Item VIII-G-3, Resolution Ratifying and Approving Sale of Land regarding R & S Development, was removed from the -- Consent Calendar and will be held over to July loth meeting, inasmuch as the concurrent item on the Community Development Commission Agenda was also held over to that date. CONSENT CALENDAR It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting of May 29. 1984; and Regular Meeting of June 12, 1984. Report on Warrants Issued: #212056 - 212103; *1318126 - 318347: $941,074.20. R3-0 and P.U.D Code Amendments (proposed): Hearing set for 7:30 p.m., July 24, 1984, in the Council Chamber of the Downey City Hall. RESOLUTION NO. 4417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NUMBER 16059 (9615-23 DOWNEY AVENUE) RESOLUTION NO. 4418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP. NO. 33181 APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE OF A CASHIER'S CHECK IN LIEU OF SURETY BONDS (11751 DOWNEY AVENUE) AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack ORAL COMMUNICATIONS - Items not on Agenda Mr. Lennie Whittington, 8542 Manatee, read the section from the City Charter pertaining to seating of newly elected Council Members. He said the Charter is binding, and he does not feel the City Attorney has any authority to make exceptions to the Charter. He also questioned to the residency of Councilman Quinn. Mr. Whittington feels members of the City Council and staff have joined together to disregard and disallow the Downey City Charter, and he demanded a thorough investigation of this matter be conducted by the City Council. ORDINANCES Ordinances pertaining to Agreement for Reimbursement of Tax Increment Funds and Redevelopment Plan Amendment No. 3 It was moved by Councilman Davila, seconded by Councilman Barb, and passed by unanimous vote to continue Agenda Items X-A and X-B over to July loth. Mr. Ovrom explained Agenda Items X-C and X-D, are the opposite of X-A and X-B. The Council has had first reading of Items X-A and X-B and introduced those Ordinances which include the Rancho property. Tiis would be the first reading of Items X-C and X-D, which exclude the Rancho property. By Council Minutes 6/26/84 -4- 7 ybs introducing these two Ordinances the Council would have the flexibility of either including or excluding the Ranch property on July loth. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, APPROVING AN AGREEMENT FOR REIMBURSEMENT OF TAX INCREMENT FUNDS The Ordinance was read by title only. It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to introduce. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE PLAN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE DOWNEY REDEVELOPMENT PROJECT The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to introduce. ORDINANCE NO. 756 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 (PLANNING RESOLUTION NO. 769, ZONE CHANGE CASE NO. 202R) (11102-08 Woodruff Av.) The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Jackman, Davila, Quinn, Cormack ABSTAIN: 1 Council Member: Barb It was moved by Councilman Quinn, seconded by Councilman Davila, and passed by unanimous vote to continue the Ordinance approving a Cooperative Agreement between the City and the County of Los Angeles with regard to the Downey Municipal Courthouse to July loth. ORDINANCE NO. 757 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2101 OF THE DOWNEY MUNICIPAL CODE RELATING TO PLACE OF CITY COUNCIL MEETINGS The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by unanimous vote to waive further reading and to adopt. RESOLUTIONS RESOLUTION NO. 4419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IMPLEMENTING MODIFICATIONS TO THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CLERICAL AND SECRETARIAL SERIES The Resolution was read by title only. It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack ABSTAIN: 1 Council Member: Davila Council Minutes 6/26/84 -5- �Y-C6 RESOLUTION NO. 4420 A RESOLUTION APPROVING A HOME MORTGAGE FINANCINC PROGRAM IN COOPERATION -WITH THE COUNTY OF LOS ANGELES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY OF DOWNEY A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF DOWNEY The Resolution was read by title only. It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. Mr. James S. Santangelo, 8434 Lexington Road, expressed concern regarding an agreement between the City and County with regard to a mortgage bond program for single family residential and he requested the Resolution be held over to July loth. Mr. John Goodman with Lewis Homes said the County has advised that this matter should be passed as expeditiously as possible and before July 1st. Otherwise, they would lose their option to participate in the program. Discussion followed. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack ABSTAIN: 1 Council Member: Davila ADMINISTRATIVE REPORTS It was moved by Councilman Barb and seconded by Councilman Jackman to deny Change Order No. 2 under Cash Contract No. 516 - Civic Center Site Improvements and ask the contractor to return and do the work right or remove the cement which has been placed. Mr. Ralph explained the Council approved a notice to proceed on this item, and at the time the price was mentioned verbally, which is the same as shown in the recommendation. The motion and second were withdrawn. It was then moved by Councilman Barb, seconded by Councilman Jackman, and passed by the following vote to approve the price for Change Order No. 2, and reject the work. AYES: 4 Council Members: Jackman, Davila, Quinn, Cormack ABSTAIN: 1 Council Member: Davila It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by unanimous vote to continue Change Order No. 31 under Cash Contract No. 485 - Civic Center Construction to the next meeting. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by unanimous vote to award Cash Contract No. 519, Water Main - Firestone Boulevard at West City Limits, in the amount of $58,140 to the low bidder, John T. Malloy and John T. Malloy, Inc., of Los Angeles, a joint venture, and encumber funds in the amount of $71,000 for this construction. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to approve Firestone Boulevard - Demonstration Project Owner Participation Agreement and Lending Institution Agreement and authorize the Mayor's signature on the Operating Agreement with Downey Savings and Loan and the. Owner Participation Agreement with Sam Tyrus and Dan Levy. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack ABSTAIN: 1 Council Member: Davila ORAL COMMUNICATIONS - City Council Mayor Cormack mentioned the Council in receipt of a petition protesting a 42-inch opening in a fence on Baysinger and Tristan, He asked that this be referred to staff for review and brought back to the Council. Council Minutes 6/26/84 -6- 516 -� Councilman Barb indicated he has received many calls from people who would like to have the fence left open. Referred to staff. ORAL COMMUNICATIONS - Audience Mr. James Santangelo, 8434 Lexington Road, commented regarding the Bingo Ordinance and said at the bingo events there are pull cards, which appear to be more like gambling than bingo. He requested this be reviewed by the City. It was explained the State Law has been amended to permit the use of "pull cards." No further action was taken. BUDGET HEARING The hearing on Revenue Sharing and City Budget for Fiscal Year 1984-85 was continued to 5:00 p.m., June 29, 1984, in the Council Chamber of the Downey City Hall. ADJOURNMENT: 11:00 p.m. The meeting was adjourned to 5:00 p.m., June 29, 1984, in the Counc' Chamber of the Downey City Hall, for continued hear' on the 1984-85 get. Robert L. Shand, City Cler -Treasurer r G. ac ayo Council Minutes 6/26/84 -7-