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HomeMy WebLinkAboutMinutes-07-08-87-Regular Meeting CDC82"75 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY JULY 8, 1987 The City Council/Community Development Commission of the City of Downey held a Joint Adjourned Regular Meeting at 6:37 p.m., July 8, 1987, in the Council Chamber of the Downey City Hall, Mayor/Chairman Diane P. Boggs presiding. PRESENT: Council Members/Commissioners: Diane P. Boggs Mayor/Chairman Robert G. Cormack Mayor Pro Tem/Vice-Chairman Randall R. Barb Roy L. Paul ABSENT: James S. Santangelo (excused) ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Jenny Young, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Pete Stone, Police Captain Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Charles Baptista, Motor Officer Mark Huebsch, Community Development Counsel Laura Nash, Administrative Assistant Brice Russell, GRC Redevelopment Consultant Jake Wager, Redevelopment Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary The Invocation was delivered by Council/Commission Member Cormack. The Flag Salute was led by Council/Commission Member Paul. CONTINUED PUBLIC HEARING: From May 26, 1987 and June 3, 1987 A Joint Public Hearing of the City Council and the Community Development Commission Re: Proposed Redevelopment Plan and Draft Environmental Impact Report on Proposed Woodruff Industrial Project. Mayor/Chairman Boggs advised that this is a continued Public Hearing from Nay 26, 1987 and June 3, 1987. She outlined procedures for addressing the Council/Commission. Staff presentation was made by Mr. Jim Cutts, Director of Community Development. Mr. Cutts stated that based upon material received and discussion that has taken place within the Community, staff is recommending changes to the Proposed Woodruff Industrial Project as follows: 1. Elimination of eminent domain from the Redevelopment Plan for the Woodruff Industrial Project. 2. Elimination of certain controls for rehabilitation and conservation efforts while retaining controls over redevelopment and new development projects in the Project Area. 3. Establish certain procedures for amending the Redevelopment Plan. Mr. Cutts responded to issues and questions presented at the previous Public Hearing. He rebutted a statement that 20% of the City would be in a Redevelopment Project Area, clarifying that with all of the proposed projects, consisting of 548 acres, the total is 6.7%. He also submitted information setting forth Total Assessed Value (secured), Cumulative Value attributable to Redevelopment, Annual Redevelopment Contribution, Cumulative Possessory Interest Created by Redevelopment, and Percent of Value of Redevelopment. Also presented were letters received from nearby lending institutions confirming that they City Council/Community Dev. Comm. Minutes 7/8/87 -1- 8276 would lend funds for property within the Redevelopment Project Area. Finally, he referenced that the hearing date was published four weeks in a row and posted legally, although a correction had to be made on one posting at City Hall. Counsel clarified that Mailed Notice had also been given all property owners. Reports and data included in this hearing were: 1) Downey Community Development Commission Woodruff Industrial Project Redevelopment Plan; 2) Report to City Council for the Woodruff Industrial Project; 3) Response to the Woodruff Everest Benedict Business and Property Owners' Association Report; 4) Response to the Report prepared by Mr. Paul Sarvis; 5) Letter from Fire Marshal Re: Fire Flow. Mr. Mark Huebsch, Redevelopment Counsel, stated that the test of blight was stated at length in written materials and verbally at the May 26, 1987 Public Hearing. He emphasized that it is not up to an architectural firm whether the Council should make a finding that an area is blighted. The test is whether there is subtantial evidence in the record to support this conclusion. That is a determination that can appropriately be made by Council after having reviewed all the evidence. Mr. Huebsch clarified that Mr. Brice Russell, GRC Redevelopment Consultant, was not employed or involved in the Amendment No. 3 process. He also stated that there had been some discussion that there is not a Project Area Committee in connection with this Project. Mr. Huebsch said he did not believe there was any evidence that a substantial number or any number of low -moderate income residences would be displaced, therefore, there is no legal requirement that a Project Area Committee be formed in connection with the Project. City Clerk Young stated that written correspondence received prior to this meeting has been copied and distributed to Council/Commission for their review. There being no objections, that correspondence and correspondence received at this hearing are placed into the record. CORRESPONDENCE RECEIVED: FROM: PROPONENTS: July 8, 1987 at meeting Ken Miller 7336 Cleargrove Dr. Downey, CA (Submitted a statistical report) July 6, 1987 Bill Lehman 10400 Pico vista Rd. Downey, CA July 8, 1987 at meeting D. J. Barricklow and D. D. Barricklow Sta-Clean Products, Inc. 9849 Everest St. Downey, CA (Support with proposed amendments) July 8, 1987 United Drill Bushing Corporation 12200 Woodruff Ave. Downey, CA (Support with proposed amendments) July 8, 1987 David Muhs, Chairman Woodruff Everest Benedict Business and Property Owners' Association 9835 Everest St. Downey, CA (Support with proposed changes) July 8, 1987 Marc Herrouin Alpha Grinding, Inc. 12402 Benedict Ave. Downey, CA (Support with proposed conditions) City Council/Community Dev. Comm. Minutes 7/8/87 -2- 8277 CORRPONDENCE RECEIVED: FROM: PROPONENTS: (Continued) July 8, 1987 Richard M. Ashton, DMV Ashton Animal Hospital 12355 Woodruff Ave. Downey, CA (Support under modified plan) July 8, 1987 Holme Industrial Corporation 379 Avocada Crest La Habra Heights, CA Re: 9368 and 9408 Stewart & Gray Rd. Downey, CA (Support with proposed amendments) July 8, 1987 Elvira M. Lupo 39345 Manzanita Dr. Palm Desert, CA Re: 9451, 9453, 9455 and 9459 Washburn Rd. Downey, CA (Contingent on WEB points and attorney review) June 30, 1987 for July 8, 1987 Joseph Lumsdaine meeting Tredway, Brandmeyer, Brazelton & Lumsdaine, Attorneys at Law 10841 Paramount Blvd. Downey, CA OPPONENTS- July 8, 1987 at meeting (with Richard M. Ashton, DMV attached letters and petition) Ashton Animal Hospital Downey, CA (See conditional support above) June 3, 1987 Paul B. Sarvis 1909 East Avalon Santa Ana, CA (Financial Feasibility Report) June 3, 1987 Linda Bates Arrow Abrasive Co. 12033 1/2 Regentview Ave. Downey, CA June 3, 1987 Jack Grover, Vice President & General Manager Manufacturers Wire Co. 12320 Woodruff Ave. Downey, CA July 8, 1987 Albrecht G. Deuss, Secretary -Treasurer Precision Punch, Inc. 12400 1/2 Benedict Ave. Downey, CA July 6, 1987 at meeting Meta Morrison 8116 - 8128 3rd St. Downey, CA July 8, 1987 George Maginn 4496 Sleeping Indian Fallbrook, CA Re: 12406 - 22 Benedict Ave. Downey, CA City Council/Community Dev. Comm. Minutes 7/8/87 -3- 82178 CORRESPONDENCE RECEIVED: OPPONENTS: (Continued) July 8, 1987 July 6, 1987 July 6, 1987 June 3, 1987 July 8, 1987 at meeting FROM: James F. Macoluske 3112 Flower St. Walnut Park, ca J-C Associates P.O. Box 3307 Huntington Park, CA (Statistics submitted relative to other agencies) Lennie Whittington 8542 Manatee St. Downey, CA (With attached informal petition against eminent domain) Lennie Whittington 8542 Manatee St. Downey, CA (With attached July 5, 1987 L.A. Times article) Lennie Whittington 8542 Manatee St. Downey, CA Lennie Whittington 8542 Manatee St. Downey, CA (Re Police Officer at Hearings) July 8, 1987 Lennie Whittington (This letter withdrawn at the end 8542 Manatee St. of meeting and in writing July 9, 1987) Downey, CA (Letter re: Posting of Agenda) MISCELLANEOUS CORRESPONDENCE: June 2, 1987 June 23, 1987 June 3, 1987 FROM: Richard F. McCurdy 12252 Woodruff Ave. Downey, CA (Question re: inclusion of another property) Howard Buswell, Executive Director ARC - Association for Retarded Citizens, Southeast Los Angeles County 12049 Woodruff Ave. Downey, CA (No specific action) Woodruff Everest Benedict Business & Property Owners' Association 9835 Everest St. Downey, CA (9 pages/qualifications of Arechaederra Hong Treiman Architects) Mayor/Chairman Boggs asked for those in the audience who would like to testify in favor of the Proposed Redevelopment Plan and Draft Environmental Impact Report for Woodruff Industrial Project Area. PROPONENTS: Proponents urged approval, some conditional, on removal of eminent domain and other amendments, and urged Council/Commission to approve this Plan and Environmental Impact Report to provide a procedural and financial mechanism by City Council/Community Dev. Comm. Minutes 7/8/87 -4- 8w79 which the Agency can assist, complement, and coordinate public and private development, redevelopment, revitalization and enhancement of the community. some indicated a desire to retain eminent domain, but most agreed with the recommendation to eliminate it if it would prevent litigation and freezing of the Plan. Comparative statistics were presented for those cities with and without redevelopment plans. PROPONENTS: Howard Buswell, Executive Director ARC - Association for Retarded Citizens, Southeast Los Angeles County 12049 Woodruff Ave. Downey, CA Joseph Lumsdaine 9926 Pangborn Ave. Downey, CA Business: 10841 Paramount Blvd. Downey, CA David Muhs 9835 Everest St. Downey, CA (Mr. Muhs asked for those in the audience, who support his organization's position as set forth in his letter, to stand and be recognized, approximately 30 people stood. He also read into the record a letter from Mr. Donald Holme- listed under Correspondence Received.) Ken Miller 7336 Cleargrove Dr. Downey, CA Dale Bethke United California Corporation 12200 Woodruff Ave. Downey, CA Glenn Brown 12031 Regentview Ave. Downey, CA D. J. Barricklow, President Sta-Clean Products, Inc. 9849 Everest St. Downey, CA Lillian Ashton Ashton Animal Hospital 12355 Woodruff Ave. Downey, CA Mayor/Chairman Boggs asked for those in the audience who would like to testify in opposition of the Proposed Redevelopment Plan and Draft Environmental Impact Report for Woodruff Industrial Project Area. OPPONENTS: Opponents expressed opposition to relocation and possible increased rents, eminent domain, Police Officer at these hearings, and objected to finding of blight. Mr. Brice Russell, Redevelopment Consultant, and Mr. Mark Huebsch, Redevelopment Counsel, responded to one concern regarding reference to a waste to energy plant, stating that by inclusion, if this ever became a reality, separate environmental impact studies would be required and tax increment could be financing used. Mr. Newton, City Attorney, responded to question regarding posting of notices, indicating that the City/Commission is in compliance with the posting, publishing, and mailing regarding this hearing. City Council/Community Dev. Comm. Minutes 7/8/87 -5- 8280 OPPONENTS: John Gonzalez 12350 Orizaba Ave. Downey, CA Leo OuLac 12031 1/4 Regentview Ave Downey, CA Grace Horney 9102 Angell St. Downey, CA George Maginn 4496 Sleeping Indian Ave. Fallbrook, CA Lennie Whittington 8542 Manatee St. Downey, CA Ralph DuLac 8901 Arrington Ave. Downey, CA James Macoluske 3113 Flower St. Walnut Park, CA Carl DuLac 11823 Hermey Norwalk, CA Lois DuLac 12031 1/4 Regentview Ave. Downey, CA Mr. Jim Cutts, Director of Community Development, clarified his previous statement regarding Total Assessed Value and Percent of Value Redevelopment (secured) as set forth in a data sheet dated July, 1987. He also advised. the Council/Commission that by adopting the plan, they do not obligate themselves to issuing bonds. He responded to Mrs. DuLac's question regarding rehabilitation stating that it is not required that property owners improve their property under redevelopment, but they may request Owner Participation Agreements. Mr. Brice Russell, Redevelopment Consultant (GRC), referenced a Fire Marshal letter to be made part of the record. It was Council/Commission Member Cormack, seconded by Council/Commission Member Paul, and unanimously carried (Council/Commission Member Santangelo absent) to close the Public Hearing. The meeting was recessed at 8:17 p.m. and reconvened at 8:26 p.m. with Council/Commission Members Barb, Cormack, Paul, and Boggs present (Council/Commission Member Santangelo absent) Council/Commission comments followed: Council/Commission Member Paul extended appreciation to all who have dedicated their time and effort in studying and hopefully finalizing this plan. Mr. Paul stated he would support staff's recommenation to remove eminent domain and further clarified he is totally pro redevelopment, revitalization, and rehabilitation for the growth of the Community. He pointed out the positive effects of continuing the hearing and working toward a beneficial plan. He also responded regarding previous input that he had agreed to provide some information in writing as to why he voted a certain way. Mr. Paul clarified that was a misunderstanding, and that any vote he makes he can articulate as to why he voted that way by weighing all the reports, letters, and testimony. Council/Commission Member Barb commented positively on the statistical report made by Mr. Ken Miller relative to comparative revenues between cities City Council/Community Dev. Comm. Minutes 7/8/87 -6- 8281 with and without redevelopment. He expressed disappointment that there was not enough mutual trust to include eminent domain and that by eliminating it there would be a tax loss to anyone selling within the Project Area. He is encouraged that the Community is working together to provide a plan. Council/Commission Member Cormack commended all those involved in this lengthy hearing. Mayor/Chairman Boggs stated that she had gone on surveys with staff; favors owner participation; and hopes the "Woodruff Advisory Committee" will be formed immediately from interested property owners within the area; and stated support of staff recommendation relative to eminent domain. She asked that members of the Community become aware of what other cities are doing in surrounding areas in regards to redevelopment and to look forward to the future without fear. AMENDMENT TO PLAN: Council/Commission concurred that the Redevelopment Plan for the Woodruff Industrial Project be amended pursuant to staff recommendation set forth above and that all areas of the Proposed Plan be amended to reflect those recommendations. The following Resolutions and Ordinance reflect the Plan as amended. The City Council recessed during the following Community Development Commission actions: Commissioners Boggs, Barb, Cormack, and Paul in attendance (Commissioner Santangelo absent). RESOLUTION NO. 196 A RESOLUTION OF THE DOWNEY COMUNITY DEVELOPMENT COMMISSION APPROVING ITS REPORT ON THE REDEVELOPMENT PLAN FOR THE WOODRUFF INDUSTRIAL PROJECT AND TRANSMITTING THE REPORT AND THE REDEVELOPMENT PLAN TO THE CITY COUNCIL OF THE CITY OF DOWNEY The Resolution was read by title only. It was moved by Commissioner Cormack, seconded by Commissioner Barb, and unanimously carried (Commissioner Santangelo absent) to waive further reading and to adopt. RESOLUTION NO. 197 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY FINDING THAT THE PROVISION OF LOW - AND MODERATE -INCOME HOUSING OUTSIDE THE WOODRUFF INDUSTRIAL PROJECT WILL BE OF BENEFIT TO THE REDEVELOPMENT PROJECT The Resolution was read by title only. It was moved by Commissioner Cormack, seconded by Commissioner Barb, and unanimously carried (Commissioner Santangelo absent) to waive further reading and to adopt. RESOLUTION NO. 198 DESIGNATION OF THE DESIGN REVIEW BOARD TO CARRY OUT CERTAIN FUNCTIONS IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE WOODRUFF INDUSTRIAL PROJECT The Resolution was read by title only. It was moved by Commissioner Barb, seconded by Commissioner Cormack, and unanimously carried (Commissioner Santangelo absent) to waive further reading and to adopt. RESOLUTION NO. 199 "- A RESOLUTION OF THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE WOODRUFF INDUSTRIAL PROJECT The Resolution was read by title only. It was moved by Commissioner Barb, seconded by Commissioner Cormack, and unanimously carried (Commissioner Santangelo absent) to waive further reading and to adopt. City Council/Community Dev. Comm. Minutes 7/8/87 -7- 882 RESOLUTION NO. 200 A RESOLUTION OF THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION APPROVING THE REDEVELOPMENT PLAN FOR THE WOODRUFF INDUSTRIAL PROJECT The Resolution was read by title only. It was moved by Commissioner Paul, seconded by Commissioner Barb, and unanimously carried (Commissioner Santangelo absent) to waive further reading and to adopt. The Community Development Commission recessed and the City Council reconvened for the following Council actions: It was moved by Council Member Barb, seconded by Council Member Paul, and unanimously carried (Council Member Santangelo absent) to overrule written and oral objections to the Woodruff Industrial Project. RESOLUTION NO. 4902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THAT THE PROVISION OF LOW -AND MODERATE -INCOME HOUSING OUTSIDE THE WOODRUFF INDUSTRIAL PROJECT WILL BE OF BENEFIT TO THE REDEVELOPMENT PROJECT The Resolution was read by title only. It was moved by Council Member Barb, seconded by Council Member Cormack, and unanimously carried (Council Member Santangelo absent) to waive further reading and to adopt. RESOLUTION NO. 4903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE REDEVELOPMENT PLAN FOR WOODRUFF INDUSTRIAL PROJECT The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Barb, and unanimously carried (Council Member Santangelo absent) to waive further reading and to adopt. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE WOODRUFF INDUSTRIAL PROJECT AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT The Ordinance was read by title only. It was moved by Council Member Paul, seconded by Council Member Cormack, and unanimously carried (Council Member Santangelo absent) to waive further reading and to introduce. The Community Development Commission reconvened in joint session with the City Council. ORAL COMMUNICATIONS Mr. Lennie Whittington, 8542 Manatee St., withdrew previous objection to posting of Agendas as set forth in his letter submitted earlier. City Attorney Newton advised him to withdraw in writing. Mr. Ken Miller, 7336 Cleargrove Dr., gave update on Assembly Bill 339 and Senate Bill 407 (benefit to low and no property tax cities), and asked that the City Council reaffirm their position. Council directed prompt action and asked Mr. Miller to work with the City Manager. Mr. Carl DuLac, 8901 Arrington Ave., asked if they would have response in writing regarding their position on the Redevelopment Project Areas. Council Member Cormack: 1. Requested status of Anti Smoking Legislation Study. 2. Requested status of Porno Newsrack Legislation. City Council/Community Dev. Comm. Minutes 7/8/87 -8- 8283 Council Member Paul: 1. Stated he appreciates Police Officer's presence at the meetings. The meeting recessed at 9:07 p.m. to closed session. Mayor Boggs stated the Council was recessing to closed session for the purpose of discussion of personnel matters. The meeting reconvened at 9:45 p.m. .with Council Members Barb, Cormack, Paul, and Boggs present (Council Member Santangelo absent). ADJOURNMENT: 9:46 p.m. in Memory of Camren Regan Martin, age 17, who was killed in a highway traffic accident near Lake Havasu. The meeting was adjourned to 6:30 p.m., Tuesday, July 14, 1987, in the Council Chamber of the Downey City Hall. Jenny ung,-G4VC e k-Tr u er/ Diane P. Boggs, Mayor/ o Secr t ry $ CAm(mi si n Chairman City Council/Community Dev. Comm. Minutes 7/8/87 -9-