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
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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
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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
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