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HomeMy WebLinkAboutMinutes-07-10-84-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 10, 1984 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO_ General Plan Amendment 84-1A, Fairford School Site for Low Density Residential: Direct City Attorney to prepare Resol. amending General Plan Map changing property to Low Density Residential & denying appeal of developer Approved 4 Ord. amending DMC re Uses in Commercial Zones Introduced as amended 4 Ord. apprvg. Cooperative Agmt. bet. City & County: Reject & notify County & Legislators of decision Approved 5 Request for Downey to Join Lawsuit of Various Continued for further Cities Opposing Bullet Train study by staff 6 Removal of Items from Consent Calendar Report on Warrants Issued: #212104 - 212141 #318348 - 318599 Approved 6 Zone Change Case #210 & 211, 11405-11445 Paramount Hearing set for B1.; 7944-7954 Phlox St.; & 7962-7968 Burns Av. July 24, 1984 7 Apptmt. of Robert Verderber as new Project Area Comm. member representing Chamber of Commerce Approved 7 DMC Code Amendment re Prohibited Parking Areas Hearing set for July 24, 1984 7 Apptmt. of Neva J. Byram to Traffic Comm. for Councilmanic Dist. 3 Approved 7 Res. 94422, Proposing to Annex into Ltg. Maint. Dist..(Annex. 84/29, Chaney Av. bet. Via Amorita & Gotham St.) Adopted 7 Res. #4423, Apprvg. City Traffic Engineer's Rpt. for Addn. to Ltg. Maint. Dist. of Annex. 84/29, Chaney Av. bet. Via Amorita & Gotham St. Adopted 7 Res. #4424, Decl. Int. to Annex Certain Area into Ltg. Maint. Dist. (Annex. 84/29, Chaney Av. Adopted; sets hearing bet. Via Amorita & Gotham St.) for July 24, 1984 7 Res. #4425, Designating Alt. Member of Board of Dir. of County Sanitation Dists.,#2 & 18 Adopted 7 Cash Contract #518, Tree Trimming - Various Locations: Accept on condition that Cn. Davila be supplied with locations Approved 7 Mr. R. Brian Oxman re financial crisis facing Court system re needed renovation & crowded conditions 7 Joint session with Community Dev. Comm. re Redevelopment Ordinances 7 Ord. #758, Apprvg. Agmt. for Reimbursement of Tax Increment Funds (deleted Area 21) Adopted 8 Ord. #759, Apprvg. & Adopting Plan Amendment to Redevelopment Plan for Downey Redevelopment Project (deleted Area 21) Adopted 8 Page 1 of 2 COUNCIL MINUTES, JULY 10, 1984 TABLE OF MINUTES ACTIONS (CONTINUED) SUBJECT ACTION Reject Agenda Items X-B, Ord. apprvg. Agmt. for Reimbursement of Tax Increment Funds; & X-C, Ord. apprvg. & adopting Plan Amendment to Redevelopmt. Plan for Downey Redevelopmt. Proj. (both include Area 21) Approved Res. implementing Classification & Compensation Held over to Adjustments incl. in 1984-85 Fiscal Year Budget next meeting Noise Complaint, 9750 SEAACA - Alpase Co. Ref. to Cn. Boggs to negotiate w/Norwalk Remainder of Agenda held over to next meeting Closed session re pending & potential litigation & personnel Meeting adjourned to 6:30 p.m., July 24, 1984, re pending & potential litigation & personnel items not concluded this evening PAGE NO. 9 9 9 9 9 Page 2 of 2 A/Za MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 10, 1984 The City Council of the City of Downey held a regular meeting at 7:30 p.m., JuLY 10, 1984, in the Council Chamber of the Downey City Hall, Mayor Randall R. Barb presiding. PRESENT: Council Members: Randall R. Barb Mayor Bob Davila Mayor Pro Tem James S. Santangelo Diane P. Boggs Robert G. Cormack 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 Kevin O'Connor, Theatre Manager Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Cormack. The Flag Salute was led by Councilman Davila PRESENTATIONS: None HEARINGS Mayor Barb opened the hearing on General Plan Amendment 84-1A, Fairford School Site for Low Density Residential. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to receive and file the Proof. Mr. Cutts explained the hearing concerns an appeal of the Planning Commission's decision to not initiate a General Plan Amendment for the Fairford School site of medium density residential. There are three options available with regard to the site: One is to keep the Public School designation; second is Low Density Residential; and the third is Medium Density Residential. Low Density Residential would be the same density as the adjoining tracts. The applicant has filed a tract map to divide the school site into 39 single family lots, which has been continued by the Planning Commission pending the outcome of the General Plan designation. The third option of Medium Density Residential would permit residential development at a density over three times what would be allowed in the Low Density desig- nation. If the third option is granted, it would be the applicant's desire to construct a 122-unit residential complex. Medium Density Residential would generate approximately 854 vehicle trips per day as compared to 390 vehicle trips for Single Density Residential. According to the City's Engineering Division, given the site's location and proximate freeway access, the amount of traffic generated by a Medium Density project would not create significant adverse traffic impacts. Mr. Cutts indicated that while Low Density Residential development is more consistent with adjoining residential to the south, Medium Density would provide a buffer between the General Commercial to the north and the Low Density Residential. Mayor Barb inquired if the City Clerk had received any correspondence. Council Minutes 7/10/84 -1- Mr. Shand replied a letter of appeal was received from Lewis Homes requesting Medium Density Residential for the property. It was moved by Councilman Cormack, seonded by Councilwoman Boggs, and so ordered to receive and file the correspondence. Mayor Barb explained the Council has received several petitions and letters from residents, and he will provide these to the City Clerk. Mayor Barb then asked the applicant to come forward and present his case. Mr. Gerry Bryan, representing Lewis Homes of California and Downey Savings & Loan, discussed the appeal of the Planning Commission's decision of whether to change the school site from an Elementary School designation to Medium Density designation as requested by his firm. They have met with many of the neighbors regarding this matter, and most of their concerns dealt with sufficient water system and traffic. Mr. Bryan then commented regarding the condominium project proposed for the site which, he said, would be designed to sell in the $80,000-$100,000 range. It would not be a rental project, a low income project, nor a government subsidized project, and would be almost identical to the Park Meadows Project in the City. Also, if approved, they would resolve any water deficiencies, which would also benefit other parcels in the immediate area. With regard to traffic, the design of the project utilizes an interior circulation system designed specifically for ingress and egress to the project to be as far north as possible from the existing residents to the south. Also, solutions have been discussed regarding any affect to traffic on Dollison Drive. Councilman Santangelo asked if Low Density Residential is approved, would Lewis Homes be prepared to go forward with the 39 residential units. Mr. Bryan replied that reluctantly they would be prepared to go forward, but they do not feel they could develop the superior product that is now proposed with Multiple Density. He responded to questions regarding traffic circulation and ingress and egress to the project. Councilman Davila expressed concern that young, first-time buyers would be increasing the size of their families, thereby increasing the need for additional schools. Jennifer Kirkland, 8438 Cavel Street, representing Downey Savings & Loan, expressed support of the project as proposed by Lewis Homes. Thomas P. Munson, 8260 Boyson, said he would like to see more affordable housing in Downey. Jeffrey Shield, 8646 Meadow Road, hopes the project will be approved. Roger Henderson, 11917 Marbel, mentioned he recently purchased a condo- minium at Meadow Park, and he is in favor of the project. Jane Thayer, 9931 Downey Avenue, favors affordable housing in Downey. Deanna Spencer, 12093 Samoline, sees the project as a good opportunity for young people to have a chance to purchase a home in the City. Darrell Dykes, 10561 Lemoran, favored the project as a means of providing affordable housing for the City's younger residents. Dee Dee Henderson, 11917 Marbel, commented on the need for affordable housing in the community and supported the project. There being no one else to speak in favor, Mayor Barb asked if anyone wished to speak in opposition. Virginia Legaspi, 10817 Longworth Avenue, said she is in favor of R-1 zoning for the Fairford School property and indicated approximately 504 names have been submitted on a petitin which states "We the following oppose the construction of condominiums or apartments at 10825 Fairford Avenue, the former Fairford Elementary School." She feels a condominium project would cause traffic problems. Council Minutes 7/10/84 -2- Jim Byers, 10909 Crossdale Avenue, feels homes could be built on the property to sell for the same price as other homes in the area and still make a profit, which would be more favorable to residents now living in the area. Also, low density would require less modification to the water system and traffic circulation. Dennis Green, 10806 Fairford Avenue, said traffic in the area is barely tolerable, and medium density would place the traffic situation totally out of their ability to deal with. He is not in favor of anything other than Low Density Residential for the property. Speaking as a member of the Land Use Committee for Little Lake School District,Mr. Green indicated it was their understanding that R1,5000 homes are the only thing that would be allowed. Carol Green, 10806 Fairford Avenue, does not want her children and family jeopardized by apartments or condominiums. Mrs. Jean Stocking, 10816 Fairford Avenue, mentioned the school district for their area is located in another city, and with the closing of Fairford School their children wil not be going to school in Downey. Colleen Kinnear, 11248 Quinn Street, stated her opposition to a condo- minium project on the site and mentioned the Studebaker Avenue School would not be able to handle the increased enrollment generated from condominiums. Frances Alvarez, 10827 Longworth, discussed the traffic hazard that would be created by a condominium project. Richard Legaspi, 10817 Longworth Avenue, mentioned the Fire Department had a difficult time responding to a fire at the school due to traffic congestion in the area. Larry Smith, 10913 Dalwood, speaking for people present in the audience, said they are in favor of R-1 and that any higher density in the area would create an overabundance of people and problems. He requested a showing of hands by people in the audience in favor of R-1. Vernon Diehl, 11237 Muller, indicated a change to Medium Density could result in a request by someone else for higher density for other property in the future. He is against a condominium project. Tom Brown, 10822 Fairford Avenue, feels condominiums would distort the neighborhood. Jan Tannehill, 11919 Pomering Road, would like to see what is best for the City and the majority of people, and she feels more information is needed from Lewis Homes and Downey Savings & Loan before making a decision. Richard Legaspi, Jr., 10817 Longworth Avenue, said condominiums selling from $80,00 to $100,000 would be out of his price range. Bud DeCarlo, 11233 Muller, also favors Low Density Residential for the subject property. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Bryan feels all of the concerns raised can be answered through the zone change and tentative tract map hearings that will be held if they are allowed to pursue the requested General Plan Amendment. He also feels any problems will be resolved, and they can provide quality housing. Mr. Bryan responded to questions of the Council regarding the proposed project. Mr. Ovrom exlained if the Council wants to approve Medium Density, then it would have to conduct another public hearing because this hearing concerns Low Density. The City Attorney has provided two motions for consideration, one pertaining to Low Density and the other to Medium Densit;. It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by the following vote to close the hearing. Mr. Ovrom said the Superintendent of Little Lake School District has been contacted, and he indicated they can absorb additional students. Council Minutes 7/10/84 -3- ?q�5 AYES: 4 Council Members: Davila, Santangelo, Boggs, Cormack NOES: 1 Council Member: Barb It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote to direct the City Attorney to prepare a resolution amending the General Plan Map, which amendment changes property from a school designation to Low Density Residential located at 10825 Fairford Avenue in the City of Downey and thereby denying the appeal of the developer. Councilman Santangelo expressed concern that if the Council approves Low Density Residential, the developer could allow the property to be forefeited back to the school district, who could then sell it to someone else who could be less acceptable to residents in the area. Discussion followed. AYES: 4 Council Members: Davila, Santangelo, Boggs, Cormack' NOES: 1 Council Member: Barb Mayor Barb declared a recess from 9:30 p.m. to 9:40 p.m. The meeting resumed with all Council Members present. Mayor Barb opened the hearing on Proposed Amendment to the Downey Municipal Code adding Furniture and Upholstery as Permitted Uses and Health Clubs subject to Conditional Use Permits. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack, seconded by Councilman Davila, and so ordered to receive and file the Proof. Mr. Cutts reported on the proposed Code amendment to add the permitted uses to the C-2 zone. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak to the proposed amendment, it was moved by Councilman Davila, seconded by Councilwoman Boggs, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9122.04, 9124.04, AND 9124.06 OF THE DOWNEY MUNICIPAL CODE WHICH RELATE TO USES IN THE COMMERCIAL ZONES (CHAPTER 1, ARTICLE IX) The Ordinance was read by title only. It was moved by Councilman Cormack and seconded by Councilman Santangelo to waive further reading and to introduce. Following discussion, it was moved by Councilman Cormack, seconded by Councilman Davila, and passed by unanimous vote to amend the Ordinance to read "reupholstering." The Ordinance, as amended, was introduced by unanimous vote. ITEMS MOVED FORWARD ON AGENDA Ordinance approving a Cooperative Agreement between the City and the County of Los Angeles It was moved by Councilman Cormack and seconded by Councilwoman Boggs to call a special City election and to consolidate it with the General November election and put the location of the Courthouse on the ballot. Councilman Santangelo feels it would be in the best interests of the City that the Courthouse be located on the Rancho property. He cannot conceive of the County favoring a further delay while waiting for a November election. Also, a Courthouse in the downtown area would impose traffic problems on Downey and Brookshire Avenues, as well as the Civic Center, and impose $15 Council Minutes 7/10/84 -4- million additional money on citations. He has received information from the County that a jail facility is being considered for the Lynwood area. Councilman Davila said placing this matter on the November ballot would be a waste of staff's time, as well as to the taxpayers. He would like to see the Courthouse located in Norwalk, and his second choice would be the Rancho property, but not the Downey Civic Center. Counclman Cormack indicated his feeling that people want the Courthouse in the downtown area. He thinks it would be worth the extra time involved to let people decide whether they want the Court downtown or at Rancho. As to the proposed jail in Lynwood, it is possible people could apply enough pressure to where the County would change its mind and decide to build the Court and jail at Rancho. Councilwoman Boggs said her first choice would be to have a Court on existing County -owned land with an adjacent parking structure. There is adequate acreage on Rancho to build a jail on the property without the Courthouse being on the location. She is concerned regarding financing a Court in the downtown location. Mayor Barb indicated a Courthouse should not be located near a residential area, a park, or an acute care hospital. He questioned whether the outcome of an election would do more than possibly apply pressure on the County as to the Court's location. Also, building the Court in the downtown area would depend on Assembly Bill 2425, which supplies financing through a fee structure, and there is no way to hold passage of the Assembly Bill until after the citizens vote on this issue. AYES: 1 Council Member: NOES: 4 Council Members Failed. Cormack Davila, Santangelo, Boggs, Barb It was moved by Councilman Santangelo and seconded by Councilman Davila to make a substitute motion to reject the Ordinance and authorize the Mayor to communicate the Council's position to Supervisor Schabarum that the Courthouse — be built on the Rancho property on Imperial Highway. Councilwoman Boggs indicated she cannot support the motion, and she would like to have the County take another look at property they own in Downey. Discussion followed. AYES: 2 Council Members: Santangelo, Davila NOES: 3 Council Members: Boggs, Cormack, Barb Failed. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to reject the Ordinance and to notify the County and State Legislators of this decision. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb NOES: 1 Council Member: Cormack Request for Downey to Join Lawsuit of Various Cities Opposing Bullet Train Councilwoman Boggs indicated she would would like to see the project constructed underground through the City. Also she would support the position that financing be raised with no backing by local, State or Federal Govern- ment. She will be ready to make a commitment at the time the Environmental Impact Report is completed by the State, and she expressed her concerns regarding vibrations and the project's effect so close to residents and the Downey Community Hospital. Mr. Newton explained according to legislation adopted, the project is exempt from compliance with the California Environmental Quality Act. Certain cities and agencies that have filed a lawsuit in relation to this project contend the exemption is improper and in violation of the Constitution and are seeking to declare that portion of the Billet Train legislation invalid. Council Minutes 7/10/84 -5- 901 Councilman Santangelo does not feel at this stage Downey should enter into joining a lawsuit. Also, he will oppose the Bullet Train on the basis of it not being underground or in a trench from the West to East border. He would be concerned that the State, County or City subsidize any revenue to sustain or guarantee the project. Councilman Davila would like this referred back to staff for investiga- tion as to the costs that would be incurred if Downey joined in the lawsuit. It was moved by Councilman Cormack and seconded by Councilwoman Boggs to lend Downey's name to the lawsuit without any cost; demand the Bullet Train be required to pass full environmental tests, and any other tests required; and demand if it does pass the tests that it be built underground from City limit to City limit. Myrtle Risley, 7938 Phlox, said she requested Downey join the lawsuit as a Friend of the Court, and the costs would be minimal. Mr. Newton was asked if it is possible Downey can lend its name without the future possibility of being involved in legal fees, and he replied the Council could adopt a resolution supporting the litigation brought on behalf of the cities but is not going to participate in the lawsuit itself. Mr. John Lagomarcino, Senior Vice President of American High Speed Rail, said the project is not exempt from CEQA, and they have filed environmental papers with Caltrans, who is conducting a full-fledged legally binding environmental review. Also, a Federal review is under way, which is not likely to be completed for about a year. Speaking as an attorney, he does not feel it is possible for the City to become involved in a lawsuit by lending its name only, and by lending its name, Downey would be making its position known in opposition to the project. Mr. Lagomarcino expressed the American High Speed Rail's pledge to continue working with the City of Downey and all cities on the route with regard to design and meeting concerns raised. Mr. Newton asked if it is the position of American High Speed Rail that Assembly Bill 3647 does not exempt the PUC or Caltrans from the provisions of CEQA in relation to the project. Mr. Lagomarcino replied it has been American High Speed Rail's position that it does not consider itself exempt from CEQA. He responded to questions of the Council. Councilwoman Boggs said she is not ready to come to a final conclusion on this matter, and she withdrew her second to the motion. It was moved by Councilman Santangelo and seconded by Councilman Davila to continue this matter for further study by staff. Councilman Santangelo indicated it is his intent to refer this matter back to the City Attorney and staff with regard to the possibility of cost to the City if it lends its name to the lawsuit or, passes a resolution. Mayor Barb said he would like the City Attorney or someone from staff summarize the real concerns the lawsuit addresses. The motion was so ordered. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-D-1, Cash Contract No. 518, Tree Trimming, was removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to approve the Remainder of the Consent Calendar: Report on Warrants Issued: #212104 - 212141; #378343 - 318599: $757,088.85. Council Minutes 7/10/84 -6- -/ Y 77 1 Zone Change Case No. 210 and 211, 11405-11445 Paramount Boulevard; 7944-7954 Phlox Street; and 7962-7968 Burns Avenue: Hearing set for 7:30 p.m., July 24, 1984, in the Council Chamber of the Downey City Hall. Appointment of Mr. Robert Verderber as the new Project Area Committee member representing the Chamber of Commerce. Downey Municipal Code Amendment to Section 9150.20 - Prohibited Parking Areas: Hearing set for 7:30 p.m., July 24, 1984, in the Council Chamber of the Downey City Hall. Appointment of Neva J. Byram to Traffic Committee for Councilmanic District Three. RESOLUTION NO. 4422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT NO. 121 AND ORDERING THE CITY TRAFFIC ENGINEEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 84/29 - CHANEY AVENUE BETWEEN VIA AMORITA AND GOTHAM STREET RESOLUTION NO. 4423 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY TRAFFIC ENGINEEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT A.D. 121 OF ANNEXATION 84/29 -.CHANEY AVENUE BETWEEN VIA AMORITA AND GOTHAM STREET RESOLUTION NO. 4424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 84/29 - CHANEY AVENUE BETWEEN VIA AMORIA AND GOTHAM STREET) (sets the hearing for July 24, 1984) RESOLUTION NO. 4425 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING AN ALTERNATE MEMBER OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICTS NUMBERS 2 AND 18 AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb It was moved by Councilman Davila, seconded by Councilman Cormack, and passed by unanimous vote to accept Cash Contract No. 518, Tree Trimming - Various Locations, with the condition that Councilman Davila be supplied with the locations. Mayor Barb declared a recess from 10:55 p.m. to 11:07 p.m. The meeting resumed with all Council Members present. ORAL COMMUNICATIONS - Items not on Agenda Mr. R. Brian Oxman, Atorney practicing in Santa Fe Springs and Associate Professor of Law at Western States University in Fullerton, discussed the financial crisis facing the Court system with regard to needed renovation and crowded conditions and what people can do to alleviate the crisis. ORDINANCES At this time the Community Development Commission meeting reconvened for a joint session with the City Council regarding Ordinances on Redevelopment Plan Amendment. Council Minutes 7/10/84 -7- ���q Mayor Barb requested a concensus of the Council, whether it preferred to consider the Redevelopment Ordinances with the County property in or out. Councilmen Santangelo and Davila preferred the Ordinance deleting the County property (Area 21). Councilman Cormack favors the Ordinance including Rancho and Meadow Park. Councilwoman Boggs indicated she does not want to consider any of the four Ordinances proposed, and she expressed her feelings against eminant domain, which allows private property to be taken for redevelopment purposes and sold to someone else for private development. Mr. Ovrom recommended that if the County property is deleted, the Meadow Park condominium project should also be deleted. ORDINANCE NO. 758 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, APPROVING AN AGREEMENT FOR REIMBURSEMENT OF TAX INCREMENT FUNDS (deletes Area 21) The Ordinance was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. Councilman Davila would like the Ordinances go back to PAC for further study before the Council votes on them. Mr. Ovrom mentioned PAC approved the Redevelopment Plan with Area 21 excluded, so the two Ordinances excluding Area 21 would be consistant with the PAC recommendation. AYES: 3 Council Members: Santangelo, Cormack, Barb NOES: 2 Council Members: Davila, Boggs Council Members Davila and Boggs indicated their "no" votes were not to the waiver of further reading. ORDINANCE NO. 759 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 (deletes Area 21) The Ordinance was read by title only. It was moved by Councilman Davila and seconded by Councilwoman Boggs to waive further reading and to reject. Mr. Paul Sarvis, 13603 Barlin, questioned when the Ordinance had its first reading. He was informed the first reading was June 12th. Councilman Santangelo asked Mr. Sarvis if it would be the intent of Downey CARES to file a lawsuit if the Ordinance is adopted. Mr. Sarvis replied yes, they are prepared to file suit against any Ordinance that includes general eminent domain powers. Councilman Santangelo inquired if there could be a provision for voluntary eminent domain. Mr. Ovrom replied no. Councilman Santangelo asked if every eminent domain proceeding would come back to the Council for approval or disapproval, and Mr. Newton replied yes and that any exer::ise of the power eminent domain requires four` affirmative votes of the Council. It was moved by Councilman Davila to amend the motion tr- send the Ordinance back to PAC for further study. The motion died for lack of a second. Council Minutes 7/10/84 -8- �;)YY-6 Councilman Santangelo said PAC approved the Redevelopment Plan as proposed with the exclusion of Area 21. AYES: 2 Council Members: Davila, Boggs NOES: 3 -Council Members: Santangelo, Cormack, Barb Motion failed. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: Santangelo, Cormack, Barb NOES: 2 Council Members: Davila, Boggs It was moved by Councilman Santangelo, seconded by Councilman Boggs, and passed by the following vote to reject Agenda Items X-B, - Ordinance approving an Agreement for Reimbursement of Tax Increment Funds; and X-C - Ordinance approving and adopting the Plan Amendment to the Redeveloment Plan for the Downey Redevelopment Project, both of which include Area 21. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb NOES: 1 Council Member: Cormack The Community Development Commission portion of the meeting was adjourned. RESOLUTIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IMPLEMENTING CLASSIFICATION AND COMPENSATION ADJUSTMENTS INCLUDED IN THE 1984-85 FISCAL YEAR BUDGET The Resolution was read by title only. It was moved by Councilman Cormack and seconded by Councilman Santangelo to waive further reading and to adopt. Councilwoman Boggs expressed concern regarding adding the position of Fire Education Specialist when it is hoped to add another Paramedic Unit. Battalion Chief Strom outlined the function of the Fire Education Specialist, which he said would be utilized for programs throughout the schools in the area of fire prevention. The Council decided to hold the Resolution over to the next meeting. ADMINISTRATIVE REPORTS Due to the late hour, it was decided to hold the remainder of the Agenda over to the July 24th meeting with the exception of the following item: Mayor Barb so ordered that Councilwoman Boggs be appointed as the Council representative to handle negotiations with the City of Norwalk regarding Noise Complaint, 9750 SEAACA - Alpase Co. CLOSED SESSION Mayor Barb recessed the meeting to closed session from 11:43 p.m. to 1:17 a.m. regarding pending and potential litigation and personnel. The meeting resumed with all Council Members present. ADJOURNMENT: 1:17 a.m. The meeting was adjourned to 6:30 p.m., July 24, 1984, in the Council Chamber of the Downey City Hall, for closed session regarding pending and potential litigation and personnel items not concluded this evening. Robert L. Shand, City C16rk-Treasurer Ran all R. Be4Mayor Council Minutes 7/10/84 -9-