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HomeMy WebLinkAboutMinutes-10-02-84-Adjourned Regular Meeting95V9 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 2, 1984 The City Council of the City of Downey held an adjourned regular meeting at 7:00 p.m., October 2, 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 ABSENT: Robert G. Cormack (excused) ALSO PRESENT: Bud Ovrom, City Manager Cristina L. Sierra, Assistant City Attorney James R. Cutts, Director of Community Development Francis E. Carter, City Planner Ronald Yoshiki, Assistant City Planner Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary Mayor Barb declared a recess pending the arrival of the City Attorney. The meeting resumed at 7:15 p.m. with Council Members Davila, Santangelo, Boggs, and Barb present; Council Member Cormack absent. Mayor Barb recessed the meeting to closed session to consider a memo delivered by the City Attorney. The meeting resumedat 7:28 p.m. with Council Members Davila, Santangelo, Boggs, and Barb present; Council Member Cormack absent. Councilman Santangelo explained he has a business in the City with an existing pole sign, which is part of the Ordinance being considered by the Council. He has been advised by the City Attorney that the portion relating to pole signs can be separated from the Ordinance, which would allow him to vote on the balance. Councilman Santangelo indicated in view of the fact that it would require the pole sign portion of the Ordinance to be advertised for another hearing and cause a delay of this issue, he has decided to abstain from participation on any deliberations of the Sign, Ordinance in its entirety. He requested permission to leave and sit in the audience, which was granted by the Mayor. Mayor Barb opened the hearing on proposed Amendment to Downey Municipal Code concerning Sign Ordinance Revisions. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilwoman Boggs, seconded by Councilman Davila, and so ordered to receive and file the Proof. Mr. Cutts explained the present Ordinance in effect was adopted in 1978 and implementation of the amortization schedules in the Ordinance raised some concerns. As a result, the Council adopted a moratortium in April 1983 against enforcement of the amortization schedule. He commented on the forma- tion of a Sign Ordinance Work Shop Committee that 'studied the Ordinance for four months and presented a proposed Ordinance at a' study session of the City Council and Planning Commission. Also, the Planning Commission has held four work shops and two public hearings. Staff has had three meetings with the business community to discuss the Sign Ordinance. 'Mr. Cutts mentioned there are 48 changes recommended to the old Ordinance, 45' of which have been agreed to by the Sign Work Shop Committee. Two additional changes were made that were not discussed by the Sign Committee, and one change was made by the City Attorney's office to provide further definition. Mayor Barb inquired if the City Clerk had received any correspondence. Council Minutes 10/2/84 (adj.) -1- 1Sgq Mr. Shand replied letters have been received from Joyce L. Lawrence; Edward K. Reinke; Rachel A. Hurst, Project Coordinator - Los Angeles Conservatory; Chester H. Liebe, Director - Historic Preservation Program; and Alan Hess. It was moved by Councilman Davila, seconded by Councilwoman Boggs, and so ordered to receive and file the correspondence. Mayor Barb thanked the people who have worked diligently on preparation of revisions to the Sign Ordinance and asked if anyone wished to address the Council at this time. Bob Verderber, 8127 East Imperial Highway, Chairman of the Planning Commission, said when the Commission took its final vote, it did not have before it the Ordinance now presented to the City Council. The Commission had asked to be provided with the materials before they were presented to the Council, but things did not happen in that order. The Commission does have copies, but has not had a meeting in the intirim. Mr. Verderber said in his review, he found a number of areas containing discrepancies. He requested the Council not take a final action tonight until the Commission can meet tomorrow evening and discuss this issue. Gloria Reed, 12161 Paramount Boulevard, Chairperson for the Downey Merchants Group, thanked the Council for all the work that has been done on revisions of the Sign Ordinance, noting the Planning Division has spent many hours working on the revisions. She requested two further issues be studied, which have been brought to her attention by worried business people. One concerns tenant boards used by multi -tenant complexes which are set back from the street and quite often are not visible. She particularly noted a tenant board on Paramount Boulevard, which contains the products offered, and she proposed that the tenant board's should contain the name of the business rather than the product. Also, she recognizes there are tenant boards that need to be replaced, but mentioned there are those that can be reworked. The second issue concerns pole signs, and she commented on the high costs for sign removal, depending on the amount of work and any difficulty involved. The cost of a monument sign to replace a pole sign is at least $85 per square foot. Mrs. Reed pointed out,a sign is a businesses' most effective way of advertising, and once the initial cost has been met it can be used for years without any further output. She also mentioned that if the Council feels that since some of the businesses had to conform to the Sign Ordinance already and it would not be fair for them to make the changes, the Downey Merchants Group would like to place the money it has in its treasury in a fund to help the businesses get additional, legal signage. Neil Byram, 9813 Guatemala Avenue, said the moratorium has almost stopped sign enforcement, and that while the proposed Ordinance may not be perfect, it is about as fair as it can be. He feels it should be passed just the way it is without being amended in any way. Also, he said there has been too much interference with sign enforcement. Martin Meador, owner and 'general manager of Firestone Chrysler Plymouth, 9262 Firestone Boulevard, said he has been operating his business since June 1983 without a Chrysler brand sign. He feels Downey has the responsibility to have good signage and laws and also to take care of the business community. He also hopes to be equal with, his competitors. Joseph Lumsdaine, 9926 Pangborn, office at 10841 Paramount Boulevard, said it is time to adopt the amendments and move forward. He mentioned there can be lost benefits to a business as a result of poor signage and he commented on the signage in other communities. Mr. Lumsdaine also commented regarding the need to update antiquated signs and said the community would be better as a whole for the new Sign Ordinance. Joyce Lawrence, 9627 Cheddar, President of the Downey Historical Society, speaking on behalf of the Board of Directors and as an individual citizen, spoke regarding submission of the Downey McDonalds Drive -In at 10207 Lakewood Boulevard as a historical monument. She said this original McDonalds has been nominated to the National Register of Historic Places in Washington D.C., and listed with the drive-in is the towering animated Sir Speedy sign. It is her understanding of the Sign Ordinance that this sign violates the size and height restrictions, as well as the ban on animated neon, and will have to be removed or abated in the next 'few years. Mrs. Lawrence said that because the Council Minutes 10/2/84 (adj.) -2- �YN sign has met the strictest standards for Stateand National historical recognition, the Historical Society proposes that the City do nothing to cause its destruction by enacting an amendment to the Sign Ordinance exempting historically -significant signs and structures. Allen Hess, 29 Belle Avenue, San Anselmo, California, said he is an architectural historian and is responsible for nominating McDonald's and its sign to the National Register of Historic Places. He proposed an amendment to the Sign Ordinance which would exempt buildings' of established historic value. The Smithsonian Institute and other museums throughout the Country are interested in these types of signs. He said there were over 2,000 of the original McUDnald's stands nationwide, of which about 15 remain today, and he feels an effort should be made to preserve this monument of national significance. Denise Griffith, Area Manager with Kentucky Fried Chicken, 12620 Paramount Boulevard, concurs with the need for a Sign Ordinance to beautify the City but mentioned that a decrease in signage' could have a detrimental affect on their business. She cited instances where two of their businesses suffered a 25 percent decrease in sales because of 'reduced signage. She also requested the Council to take into consideration the cost for replacing and removing signs. Robert Bird, 7520 Sarabeth Street, said the Sign Ordinance is not perfect but it is something to start with and will help the City. Terry Lambros, 9715 Brookshire Avenue, member of the Planning Commission, discussed comments she made during a Commission meeting in clarifying her vote on this issue. She expressed concern regarding testimony she heard on pole signs and the fact that she feels small businesses' are the back bone of the economy and our Country. She suggested as an alternative to amortization of pole signs that they be classified as legal non -conforming and allowed to remain so long as the business remains in the City --the business person would sign a covenant, and at the time he sells, retires, or leaves the City, then the sign would have to be removed and follow the standards of the Ordinance. Mrs. Lambros also mentioned she spoke to merchants who were unaware of tonight's meeting. Barbara Hayden, 9341 Parrot Avenue, member of the Planning Commission, made a request on behalf of Councilman Cormack, who is out of town this evening, that the Council defer taking final action on the Ordinance until there is a full vote of the Council. She said the Planning Commission has reviewed and studied the Sign Ordinance, and after long hours of deliberation and voting on every suggested change, it has forwarded to the Council for its consideration carefully considered changes. She took exception to some of the statements included in the memo by the City Manager's office entitled, "Last Minute Comments on the Sign Ordinance," dated October 1, 1984, and responded to comments made by one of the speakers. As to the McDonald's sign, Mrs. Hayden inquired that if the business is forced to change location, who would be responsible for maintenance upkeep or eventual removal of a sign specifi- cally grandfathered or exempted in the Ordinance? Eddie Sheldrake, 2009 Las Lamas Lane, Fullerton, commented regarding his family's business located near Florence and Paramount since 1967. He said removal of the pole sign could create a reduction' in his business, and he requested the City's help in keeping the pole sign. He suggested an amortiza- tion program for undergrounding of utilities, which would improve the looks of the City. Mr. Sheldrake stressed that the pole sign is their signature, and the costs would be high to change it to a monument 'sign, for which they have no available area. Rose Metcalf, owner of a small strip shopping center at 12246-54 Paramount Boulevard, commented on her efforts to obtain a pole sign for the strip center 12 years ago and said pole signs are very important to the small people in business. She concurs with allowing the McDonald's sign to remain. John Metcalf, 12023 Morning Avenue, indicated there should be certain limitations within a Sign Ordinance, but the Ordinance should not force the removal of signs that were installed under permit and for which people paid the expense to erect. A lot of businesses rely on their signing. Council Minutes 10/2/84 (adj.) -3 Paul Orloff, owner of Exotica] Hawaiian Shop for over 20 years, raised a question that since the City has asked him to discontinue using a sign which states "parking in the rear," how can the City continue to use portable signs on its property? Mayor Barb replied staff will look into it and provide information to the Council. Mr. Pat McEvilly, 221 'Avenida Santa Catalina, La Habra, owner of the Sizzler Family Steak House Restaurant at 10301 Lakewood Boulevard, explained how the removal of large street trees near a business he owns in another City allowed his sign to be more visible and increased business 20 percent. He suggested pole signs might be considered as an exception in terms of the entire Sign Ordinance. Dan Clark, 11335 Bellfai;r, Norwalk, owner of a sign shop in another city, discussed a monument sign he did for a large company, which had some changes and caused him to increase his prices, and said this could have had a detri- mental affect on a smaller company. The City of Paramount offers up to 45 percent rebate to small business owners to update their signs and correct --the City of Bellflower offers 35'percent, and he suggested this be researched. There being no one else wishing to speak, it was moved by Councilman Davila, seconded by Councilwoman Boggs, and so ordered to close the hearing. Councilman Davila feels the Council should take all comments under con- sideration and not take any action or introduce the Ordinance but send it back for more input from the Planning Commission. Councilwoman Boggs would like to see the Ordinance split into two parts, one addressing the pole signs only and the other containing the rest of the Ordinance with several changes and ready for the Planning Commission in two weeks. She would like to see added into the bulk of the Ordinance a section addressing the historical value of the McDonald's sign and for staff to take a look at the tenant board signs situation. Also, she does not want to vote on this until there is a full Council. Mayor Barb inquired if splitting the Ordinance into two parts would mean that the entire process had to be started over with regard to public hearings. Mr. Ovrom replied it is his understanding if the Ordinance is divided, there would need to be a hearing on the portion dealing with pole signs. Ms. Sierra stated this would not have to go back to the Planning Commission because it has considered the subject matter. Councilwoman Boggs requested a copy of the Ordinance be sent to the Chamber of Commerce. Mayor Barb suggested the Ordinance remain intact and place it on the Agenda for the next meeting and in the meantime have the Plannning Commission address the amended items to see which direction it wishes to go and have that ready as an amendment to be set for hearing at the next meeting. Councilwoman Boggs wants the Ordinance split so that the full Council can vote -on the bulk of the Ordinance, with a partial Council voting on the pole signs. Councilman Santangelo addressed the Council by saying the only reason he elected to stay out of discussions was that he did not want to hold up the proceedings. However, if the Ordinance is separated, he would like to participate in the balance of the Ordinance. Mayor Barb asked if Councilman Santangelo would be able.to vote based on the hearing this evening and with the pole signs exempted, and Ms. Sierra replied yes. He then proposed withholding only the pole sign issue, vote on the remainder of the Ordinance at the next meeting, and ask Councilman Santangelo to vote with the rest of the Council. During further discussion, Councilwoman Boggs said she is concerned about the cost and enforcement procedure. Council Minutes 10/2/84 (adj.) -4- Councilman Davila suggested having staff to look into subsidizing some of the removal costs. It was moved by Councilwoman Boggs, seconded by Councilman Davila, and so ordered to continue this matter to one week from tonight and have it on the Agenda. The meeting was adjourned at 9:03 p.m. to 6:30p.m., October 9, 1984, in the Mayor's Office of the Downey City Hall, for closed session regarding pending litigation. Robert L. Sha d, City Cler - reasurer ,,3aftrall R. Karb, Mayor Council Minutes 10/2/84 (adj.) -5