HomeMy WebLinkAboutMinutes-07-12-88-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JULY 12, 1988
TABLE OF MINUTE
ACTIONS
SUBJECT
ACTION
PAGE NO.
Certificates of Appointment to Ken Beckner-Water
Adv. Bd., Gloria Heer-Park & Rec. Comm., Gary
McCaughan -Planning Comm., & Norman Sipple, Library
Advisory Bd.
1
Proclamation re July 10-16 as Therapeutic Rec. Week
1
Appeal Hrg. on CUP #270, 8345 Firestone Bl. (United
College of Business)
Con't to
7/26
1
Appeal Hearing on Z.V. #565, 8610 Firestone B1
Con't to
8/9
2
Res. #5038, Ltg. Dist. Annex. 88/02-Ardis Av. &
Premiere Av.
Adopted
2
Res. #5039, Ltg. Dist. Annex. 88/03-Adwen St.
Adopted
2
Res. #5040, Ltg. Dist. Annex. 88/04-Boyson St.
Adopted
3
Res. #5041, Ltg. Dist. Annex. 88/05-Parrot Av.
Adopted
3
Meeting recessed 9:55 p.m. & reconvened 10:08 p.m.
6
Res. #5042, Certifying final EIR Rpt f/GP 87-3
(Rancho Los Amigos property)
Adopted
7
Res. #5043, Approving the General Plan's Land
Use Element (Rancho Los Amigos property)
Adopted
7
Res. #5044, Amending the General Plan's
Circulation Rpt (Rancho Los Amigos property)
Adopted
7
Myrtle Risley re protest to issuance of license
under Alcoholic Beverage Control
8
Larry Marks questioned when the next hrg. would
be held on GP-87-3 (Rancho Los Amigos property)
8
Removal of items from Consent Calendar
8
Minutes: Adj. Reg. Mtg, 6/15; Adj. Reg. Mtg.,
6/16; & Adj. Reg. Mtg. 6/28
Adopted
8
CC #541 (Phase II) -Water Mains, Century Fwy
Corridor, Bellflower Bl. & extra wk
Approved
8
General Warrants #46170-41886 & #41902-42139,
$1,461,587.94
Approved
8
Appeal on Z.V. #569, 12825 Cornuta Av.
(Appl: Cal Trans)
sets Hrg.
8/9
8
Appeal Hrg.-General Oriental Acupressure, 8726
Imperial Hwy.
Appeal Withdrawn
8
Res. 5046, Appointment of Johnette Stickel to
Recreation & Comm. Svcs. Comm.-Dist.#5
Adopted
8
Res. #5047, Appointment of Dianne Lumsdaine to
Planning Comm.
Adopted
9
Agreement & General Release-Weatherite Sv. Corp.
Con't
9
Minutes: Regular Council Meeting, 6/28/88
Approved
as corrected
9
Page 1 of 2
COUNCIL MINUTES, JULY 12, 1988
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT
ACTION
Res. #5045, Final Tract Map #45614
(12425 Orizaba Ave)
Adopted
Appointment of Diane P. Boggs as Alternate to
County Sanitation Districts 2 & 18
Approved
Initiate arbitration for current legal fees f/
former Cn. James S. Santangelo
Approved
Terminate future legal fees f/the new trial
f/ former Cn.James s. Santangelo
Approved
Cn. Paul re appointment by Supervisor Schabarum
to Task Force re Teen Drug Abuse & Pregnancy problems
Cn. Barb confirmed Street Sweeping Rpt on 7/26
Agenda
Mtg. recessed to closed session 11:30 p.m. &
reconvened 11:37 p.m.-
Mtg. adj to 6:00 p.m., July 26, 1988
PAGE NO.
9
9
10
10
10
10
10
11
Page 2 of 2
8482
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JULY 12, 1988
The City Council of the City of Downey held a regular meeting at 7:35 p.m.,
July 12, 1988, in the Council Chamber of the Downey City Hall, Mayor Robert G.
Cormack presiding.
PRESENT: Council Members:
Robert G.Cormack Mayor
Randall R. Barb Mayor Pro Tem
Roy L. Paul
Barbara J. Hayden
Diane P. Boggs
ALSO PRESENT: Don Davis, City Manager
Peter Thorson, City Attorney
Jenny Young, City Clerk -Treasurer
James R. Jarrett, Director of Community Services
Lee Powell, Director of Administrative Services
William A. Ralph, Director of Public Works
Pete Stone, Police Chief
Chris Birch, Director of Personnel
Raymond Hamada, Associate Planner
Noel Ibalio, Planning Technician
Bonnie Kehoe, Recreation Division Manager
William Makshanoff, Building Official
William McCulloch, Motor Officer
Mark Sellheim, Principal Planner
Mary Martineau -Smith, Associate Planner
William Sumner, Fire Marshal
Ronald Yoshiki, City Planner
Scot Yotsuya, Assistant to the City Manager
Joyce Baker, Executive Secretary
PRESENTATIONS
Mayor Cormack presented Certificates of Appointment to the following
people: Mr. Ken Beckner - Water Advisory Board; Mrs. Gloria Heer - Park and
Recreation Commission; Dr. Gary McCaughan - Planning Commission; and Mr. Norman
Sipple - Library Advisory Board. The Mayor acknowledged Certificates of
Appointment to the following people who were not present to accept: Mr. Gary
Boyd - Parking Place Commission; Mr. William Hunt - Water Advisory Board; and
Mr. Robert Roller - Personnel Advisory Board.
Mayor Cormack presented to Dr. Chester Land, Director of Recreation
Therapy, Rancho Los Amigos Medical Center, a Proclamation declaring July 10-16,
1988, as Therapeutic Recreation Week.
HEARINGS
Mayor Cormack OPENED THE PUBLIC HEARING ON APPEAL TO CONDITIONAL USE PERMIT
NO. 270, 8345 FIRESTONE BOULEVARD (APPLICANT: ALAN MENTZER-UNITED COLLEGE OF
BUSINESS).
City Clerk Young affirmed the Proof of Publication. Hearing no objections,
it was so ordered to receive and file the Proof of Publication.
Council Member Hayden clarified with City Attorney Thorson she could
participate in this matter as the only action the Council would be taking this
evening would be to continue this Hearing to July 26, 1988.
It was moved by Council Member Boggs, seconded by Council Member Paul, and
unanimousy carried to continue the Public Hearing to 7:30 p.m., July 26, 1988,
in the Council Chamber of the Downey City Hall.
Mayor Cormack OPENED THE PUBLIC HEARING ON APPEAL TO ZONE VARIANCE NO. 565,
8610 FIRESTONE BOULEVARD (APPLICANT: CARMEN KOOSA).
Council Minutes 7/12/88 -1-
8461"a
City Clerk Young affirmed the Proof of Publication. Hearing no objections,
it was so ordered to receive and file the proof of Publication.
It was moved by Council Member Boggs, seconded by Council Member Paul, and
unanimously carried to continue the Public Hearing to 7:30 p.m., August 9, 1988,
in the Council Chamber of the Downey City Hall.
Mayor Cormack OPENED THE PUBLIC HEARING OF PROTESTS ON LIGHTING DISTRICT
ANNEXATION 88/02 - ARDIS AVENUE AND PREMIERE AVENUE FROM FOSTER ROAD TO THE I-
105 FREEWAY FRONTAGE ROAD.
City Clerk Young affirmed the Affidavit of Posting of Notice and Proof of
Publication. Hearing no objections, it was so ordered to receive and file the
Affidavit of Posting of Notice and proof of Publication. —
City Clerk Young stated there were no written protests or objections
received.
Mayor Cormack called for those in the audience who wished to speak in favor
of or in opposition to the Annexation. No one came forward.
It was moved by Council Member Boggs, seconded by Council Member Hayden,
and unanimously carried that the Public Hearing be closed.
RESOLUTION NO. 5038
A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN
AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN MID
FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON
STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 88/02-ARDIS
AVENUE AND PREMIERE AVENUE FROM FOSTER ROAD NORTHERLY TO THE
I-105 FREEWAY FRONTAGE ROAD)
The Resolution was read by title
Barb, seconded by Council Member Boggs,
reading and to adopt.
only. It was moved by Council Member
and unanimously carried to waive further
Mayor Cormack OPENED THE PUBLIC HEARING OF PROTESTS ON LIGHTING DISTRICT
ANNEXATION 88/03 - ADWEN STREET BETWEEN RYERSON AVENUE AND OLD RIVER SCHOOL ROAD
City Clerk Young affirmed the Affidavit of Posting of Notice and Proof of
Publication. Hearing no objections, it was so ordered to receive and file the
Affidavit of Posting of Notice and Proof of Publication.
City Clerk Young stated there were no written protests or objections
received.
Mayor Cormack called for those in the audience for wished to speak in favor
of or in opposition to the Annexation. No one came forward.
It was moved by Council Member Paul, seconded by Council Member Barb, and
unanimously carried that the Public Hearing be closed.
RESOLUTION NO. 5039
A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN
AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND
FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON
STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 88/03-ADWEN
STREET BETWEEN RYERSON AVENUE AND OLD RIVER SCHOOL ROAD)
It was moved by Council Member Boggs, seconded by Council Member Barb, and
unanimously carried to waive further reading and to adopt.
Mayor Cormack OPENED THE PUBLIC HEARING OF PROTESTS ON LIGHTING DISTRICT
ANNEXATION 88/04 - BOYSON STREET BETWEEN BROOKSHIRE AVENUE AND BIRCHDALE AVENUE.
City Clerk Young affirmed the Affidavit of Posting of Notice and Proof of
Publication. Hearing no objections, it was so ordered to receive and file the
Affidavit of Posting of Notice and Proof of Publication.
Council Minutes 7/12/88 -2-
�454
City Clerk Young stated there were no written protests or objections
received.
Mayor Cormack called for those in the audience who wished to speak in favor
of or in opposition to the Annexation. No one came forward.
It was moved by Council Member Paul, seconded by Council Member Barb, and
unanimously carried that the Public Hearing be closed.
RESOLUTION NO. 5040
A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN
AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND
FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON
STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 88/04-BOYSON
STREET BETWEEN BROOKSHIRE AVENUE AND BIRCHDALE AVENUE
It was moved by Council Member Boggs, seconded by Council Member Hayden,
and unanimously carried to waive further reading and to�adopt.
Mayor Cormack OPENED THE PUBLIC HEARING OF PROTESTS ON LIGHTING DISTRICT
ANNEXATION 88/05 - PARROT AVENUE BETWEEN LYNDORA STREET AND ADOREE STREET.
City Clerk Young affirmed the Affidavit of Posting of Notice and Proof of
Publication. Hearing no objections, it was so ordered to receive and file the
Affidavit of Posting of Notice and Proof of Publication.
City Clerk Young stated there were no written protests or objections
received.
Mayor Cormack called for those in the audience who wished to speak in favor
of or in opposition to the Annexation. No one came forward.
It was moved by Council Member Paul, seconded by Council Member Barb, and
unanimously carried that the Public Hearing be closed.
RESOLUTION NO. 5041
A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN
AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND
FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON
STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 88/05-PARROT
AVENUE BETWEEN LYNDORA STREET AND ADOREE STREET)
It was moved by Council Member Boggs, seconded by Council Member Barb, and
unanimously carried to waive further reading and to adopt.
Mayor Cormack OPENED THE PUBLIC ON GENERAL PLAN AMENDMENT GP-87-3 TO CHANGE
THE DESIGNATION OF 121 ACRES OF THE 212-ACRE RANCHO LOS AMIGOS HOSPITAL SITE
FROM "PUBLIC USE" TO "LIGHT MANUFACTURING.'
City Clerk Young affirmed the Proof of Publication.
Hearing no objections, it was so ordered to receive and file the Proof of
Publication.
Council Member Hayden asked the City Attorney if she could participate in
this Hearing as she had participated in previous Hearings regarding this matter
at the Planning Commission level. City Attorney Thorson responded in the
affirmative due to precedent set by two prior court rulings.
Mayor Cormack asked the City Clerk if any correspondence had been received
on this matter. City Clerk Young confirmed that a letter had been received from
the City of South Gate requesting the date of the Public Hearing. Mrs. Young
advised a response was made in writing to this inquiry.
Hearing no objections, it was so ordered to receive and file the letter
from the City of South Gate.
City Planner Yoshiki presented the staff report as set forth in Agenda memo
dated July 12, 1988, entitled "General Plan Amendment GP-87-3 (Rancho Business
Council Minutes 7/12/88 -3-
Center)." Maps illustrating the planning elements of the General Plan and
aerial photographs of the Rancho property were set up around the front of the
Council Chamber. Mr. Yoshiki presented a slide presentation which showed
Pictures of the following: The property to be taken into consideration for the
General Plan; aerial photographs; Rancho Los Amigos Hospital; courthouse;
surrounding streets; adjacent properties; and phasing plans of the project.
Mr. Yoshiki recommended that Council 1) certify that the Final
Environmental Impact Report for GP-87-3 is complete and adequate in accordance
with the California Environmental Quality Act; 2) Amend the General Plan's Land
Use Element by approving General Plan Amendment GP-87-3, changing the General
Plan designation of GP-87-3 from "Public Use" to "Light Manufacturing"; and 3)
Amend the General Plan's -irculation Element (Master Plan of Streets and _ Highways) adopting Circulation Alternative No. 3A of General Plan Amendment G-
87-3. He then introduced the project. following person to speak on behalf of this
ara
lliam
Environmental�Consultant nhto®the RCity t ofBDowney,J� 14725 Alton t ParkwayssoIrvine,
advised the Final Environmental Impact Report (EIR) has been completed for the
Rancho Business Center. She stated the EIR was prepared to inform the City and
the public about the potential environmental concerns that could result in
association with the activities that were proposed by Los Angeles County; and
also identify ways that the environmental damage could be avoided or reduced
through mitigation measures. Ms. Eljenholm felt they responded beyond that what
was required by the California Envirvonmental Quality Act (CEQA) and it was
their professional opinion they have completed the EIR in complete conformance
with CEQA.
Mayor Cormack called for those in the audience who wished to speak in favor
of the proposed General Plan Amendment.
Ms. Penny Van Bogaert, representing Los Angeles County's Chief
Administrative Office (Applicant for the project), 4701 Gold Avenue, LaCanada,
complimented City staff on their work for this proposed project and overall
support. She made a brief presentation on the County's goals for this project
relating this is one of the last large sites in Central Los Angeles; it is a _ Prime piece of land with good freeway access; and its value means that it will
be developed eventually either as a revenue generating commercial development or
as a public facility. Ms. Van Bogaert said the type of development proposed is
light manufacturing, limited to forty percent building coverage. She said that
previous market studies have indicated a demand for light industrial space in
the area. Ms. Van Bogaert stated the goal for this property and the County's
entire asset program is to raise long term revenue for needed public services
due to changes in the tax laws over the past ten years.
Mr. Armando Lopez, Executive Director of Rancho Los Amigos Medical Center,
7601 Imperial Hwy., stated his support of this plan as the hospital has a lot of
land that could be used to generate revenue for new facilities at the hospital.
Dr. Robert Waters, Acting Medical Director of Rancho Los Amgios Medical
Center, 7601 Imperial Hwy., resident of Downey for ten years and worked on staff
of Rancho fifteen years, stated his support of this plan and said zoning change
is critical so that Rancho can continue to provide their medical services in the
future.
Ms. Karen Bell, Associate Planner, City of South Gate, 8650 California
Ave., South Gate, said the City of South Gate conditionally supports the plan as
proposed provided the recommendations of the Planning Commission are adopted.
Mr. Bill Shubin, Lincoln Property Company, 30 Executive Park, Suite 100,
Irvine, stated his company is under contract to develop Parcel A, Specific
General Plan 85-1 and Parcels 5A and 6, Phase I of the Rancho Business Center,
and have recently completed the reconstruction of the former Darnell facility in
Downey. He further related they are having active discussions with two or three
industrialist tenants, consisting of approximately 450,000 square feet, and
advised they are watching the Council's action tonight to determine if it will
be feasible to locate on this project.
Council Minutes 7/12/88 -4-
Council Member Boggs clarified with Mr. Shubin that the developer fee issue
between Lincoln Property Company and the School District has been resolved and
the complaint against the School District has been withdrawn, and Lincoln
Property Company will not protest the payment of fees on any of the development
at Rancho.
Council Member Hayden asked Mr. Shubin if he was at liberty at the present
time to name any of the possible users of the Rancho property and Mr. Shubin
responded in the negative as he did not feel this would be appropriate.
Ms. Maureen Rogers, Rancho Los Amigos Medical Center employee, 7601
Imperial Hwy., in support of the plan and commended Council on its very thorough
survey of the trees on the Rancho grounds. She further expressed concern that
at least thirty-three trees of historical significance be incorporated into the
design of the plans in the development of this property. Ms. Rogers referenced
a list she has of over six hundred names of people in support of saving the
trees at Rancho.
Mr. Robert Shand, 7941 Puritan St., spoke in favor of the Rancho Business
Center and feels this is an opportunity for the City to move ahead. He said
this property must be developed and Downey should not disapprove of light
industry development.
Mr. Donald R. Hodel, University of California, Division of Agriculture and
Natural Resources, 2615 S. Grand Ave., Los Angeles, stated in 1984 the
University was given a grant to evaluate trees in Los Angeles County. He said
over 1,000 trees were evaluated in terms of size, age, and historical value,
etc. Mr. Hodel said out of the 1,000 trees evaluated, 170 trees were rated as
exceptional, and 3 of the 170 were on the Rancho Los Amigos Hospital grounds.
He also mentioned several other trees located on the Rancho Los Amigos property
that were considered unusual. Mr. Hodel hoped that the City could save these
trees when developing. He said he would be glad to work with the -City and the
developer in identifying and preserving these trees.
Mayor Cormack called for those in the audience who wished to speak in
opposition of the proposed General Plan Amendent.
Mr. Larry Marks, 7808 Borson St., questioned the Environmental Impact
(EIR), specifically traffic, and asked that staff answer several questions he
had prepared regarding the EIR. He also requested a specific plan on the entire
121 acres.
Council requested copies of the questions Mr. Marks wished to have
answered. Staff responded later in the meeting.
Mr. James Fountain, 7814 Adoree St., employee at Rancho Los Amigos and
resident adjacent to land to be redeveloped. He is against this redevelopment
because of the effect he feels it will have on the already overcrowded school
system; problems with relocating staff in the Public Health Programs at Rancho
and possible computer problems involved in relocation. He also mentioned
several buildings have already been demolished and staff is being relocated.
Mrs. LaVonne Marks, 7808 Borson St., asked how many people were in the
audience because of public notice the Marks' family gave out and approximately
25 people raised their hands. She expressed several concerns over this
projects, some of which are: The increased volume of traffic from the new
development; Council certifying the EIR as complete; does not feel this project
will benefit the residents of Downey as it is on County land and the County will
receive the revenue from the leases; the City will be responsible for Police,
fire, street sweeping maintenance, water, sewage, and flood control; hardship on
Rancho patientc and family if they have to be relocated; not sufficient buffer
between manufacturing and residential property; and why the County is not the
lead agency.
Mr. Robert Marks, 7808 Borson St., concurred with Mrs. LaVonne Marks
statement above, and again felt no allowance had been made for a buffer zone
between residential and manufacturing.
Mr. Larry Marks, 7808 Borson St., added to his previous statements as Mrs.
Betty Bray, 7812 Borson St., relinquished her time to him. Mr. Marks strongly
expressed concern over the increase in traffic on Imperial Highway by 23.3
percent which he believes is against the Federal Law.
Council Minutes 7/12/88 -5-
Ms. Dagmar Tonkovich, 7856 Dalen St., inquired if any of the Council
Members had ever been over to Dalen St., specifically the area behind the Bank
of America,. and listened to the noise from the traffic on Imperial Highway. She
said if the traffic increases, the noise, dust, and dirt will become even more
difficult to live with.
Ms. Jani Fox, 7870 Puritan St., expressed concern that her small children
will have to cross Imperial Highway to attend school; the increase in noise; and
the fact that she had not received any information or notices about this
project.
Mr. Meredith Perkins, 12729 Smallwood Ave., stated he was not for or
against this project, but concerned. He felt there was no doubt that the Rancho
property would be developed, but there are still issues that need to be answered
for our City to really develop a model project. Mr. Perkins brought up the
following issues: This is a large project that will change the complexion of
the City; Downey is a bedroom community, do we want light industrial, is it best
for the City, and have other opportunities been looked at for this development;
the tax base is different since the owner is a Government agency; inquired as to
City's revenue return in the 66-year program; if County Supervisors want to sell
Rancho, hospital administrator is at their mercy; and who will maintain the
roads and what revenue will City and Downey schools receive after the 66-year
lease is up. Mr. Perkins asked that the City move with caution and hold off
until there is a specific plan for this development.
Mayor Cormack asked if the Appellant wished to rebut.
Ms. Penny Van Bogaert, Los Angeles County representative, 4701 Gold Ave.,
LaCanada, was given a copy of Mr. Larry Marks' questions for rebuttal. She
deferred these to staff. Ms. Van Bogaert responded to the following items that
were brought up by previous speakers: (1) Concern regarding relocation of
County computers on Rancho property: Stated this has been a long term plan
going on for the last three to four years and that there has been no computer
difficulty with the Downtown Los Angeles Office and the Downey computer center;
(2) Issue of relocating Downey employees who live in Downey: Have to benefit
all the citizens and cannot base decisions on public resources solely on where
employees live; (3) There have been some buildings torn down at Rancho, but
there is no development in the sense of the project under consideration; (4)
Little benefit to the City from this project: City will get ieaterest tax on
improvements to the land and it is estimated that the City will get
approximately $12.2 million in interest tax on improvements over the 66-year
lease period; (4) The City will receive approximately $19.9 million in sales
tax; (5) Traffic will be going onto both Gardendale Street and Consuelo Street
with turn restrictions to best protest residential areas; (6) The third phase of
the Railroad crossing will not occur to the year 2000 because the level of
development will not generate the volume of traffic to make it necessary until
that time; (7) The developer has advised there will be a substantial buffer zone
between residential and manufacturing areas; (8) There will be intensification
of noise from the additional traffic due to the this, but the EIR and its
mitigation measures are designed to lessen the impact; and (9) The Rancho
property will be developed and the intensification level within this development
is a desirable level as compared to the alternatives of public facilities that
would be located at this site if commercial development is not feasible; (10)
The School District will receive approximately $1/2 million from this project
and they are in full support.
It was moved by Council Member Barb, seconded by Council Member Paul, and
unanimousy carried that the Public Hearing be closed.
The meeting recessed at 9:55 p.m, and reconvened at 10:08 p.m. with all
Council Membe-s present.
City Planner Yoshiki responded to earlier questions from the audience with the following: (1) The supplemental addendum to the EIR dated May 27, 1988
will be incorporated as part of the final EIR as it relates to General Plan 87-
3; (2) The General Plan and the EIR addresses the land use classification as it
relates to the 121 acres with a building threshold of 2,247,694 square feet;
(3) City does not have any specific information relating to the types of
activities/use of the property that might occur and each phase of the
development must be reexamined as to its environmental impact and, if there are
significant impacts identified, a subsequent EIR will be, done; and (4)
Traffic/off-site improvements are the responsibility of the developer, but
Council Minutes 7/12/88 -6-
at this time the City is merely looking at the land use policy as it relates to
this property and does not have specific engineering or development constraints
relative to off -site improvements.
Ms. Eljenhom spoke regarding Imperial Highway and increased traffic
conditions, and said their traffic engineer will review the impact of the
project and will then develop mitigation measures to offset the impact. She
related it is not a question of feasibility at this point as they do not have
the final engineering plans, and under Phase II of the Plan there is a
stipulation for further traffic analysis and at that time they can evaluate
whether further environmental documentation is necessary.
Mr. Yoshiki clarified that developer fees are a State requirement. He also
responded to an earlier question as to Downey being the lead agency and
explained that the County owns the land and has complete discretion as to public
use of the land, but when the public use of the land changes to private use, the
City of Downey has the building authority to regulate the use, which is what is
occurring now with the property. Mr. Yoshiki also clarified that Consuelo
Street is under County jurisdiction and is a private street.
Council requested that a mitigation measure be added to the EIR which
states the City of Downey shall coordinate with Los Angeles County and the
Division of Agriculture and Natural Resources branch of the University of
California, an effort -to reserve the exceptional trees on the property.
Council discussed the relocation of patients; responsibility of off -site
improvements; involvement of City Traffic Engineer in this project; cost of
police, fire and street sweeping for this added development; preference of
having residential development for this project; Specific Plan process allows
each development to be taylored and establish conditions and restrictions;
Downey is the lead agency and we picked the consultant; building coverage
projected to be 40 percent; the hospital, School District and the City of South
Gate are satisfied with this General Plan; buffer areas already in place at
Rives Avenue and Imperial Highway are much greater than what our code requires;
and that light industrial use would be preferred in this highly populated area
as opposed to a public facility (which the County has jurisdiction to place)
such as a county jail, hazardous waste holding center, etc.
RESOLUTION NO. 5042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR GENERAL PLAN AMENDMENT GP-87-3 AS COMPLETE AND ADEQUATE IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The Resolution was read by title only. It was moved by Council Member
Paul, seconded by Council Member Hayden, and unanimously carried to waive
further reading and to adopt.
RESOLUTION NO. 5043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, AMENDING THE GENERAL PLAN'S LAND USE ELEMENT BY
APPROVING GENERAL PLAN AMENDMENT GP-87-3, CHANGING THE GENERAL PLAN
DESIGNATION OF GP-87-3 FROM "PUBLIC USE" TO "LIGHT MANUFACTURING"
It was moved by Council Member Barb, seconded by Council Member Paul, and
unanimously carried to waive further reading and adopt with the addition of the
Amendment on Page 14 regarding preservation of the trees.
RESO-UTION NO. 5044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY DOWNEY,
CALIFORNIA, AMENDING THE GENERAL PLAN'S CIRCULATION ELEMENT
(MASTER PLAN OF STREETS AND HIGHWAYS) BY ADOPTING CIRCULATION
ALTERNATIVE NO. 3A OF GENERAL PLAN AMENDMENT GP-87-3
It was moved by Council Member Hayden, seconded by Council Member Barb, and
carried 4-1 (Council Member Boggs voting no) to waive further reading and to
adopt with the addition of the Amendment on page 14 regarding preservation of
the trees.
Council Minutes 7/12/88 -7-
.: "'78 35
Prior the foregoing vote, Mayor Cormack inquired if there was any way to
expedite establishing the circulation element of the General Plan.
Public Works Director Ralph responded that the circulation element is tied
in with the traffic generated by the development.
Ms. Eljenholm responded that there are stipulations in the conditions of
approval and in the mitigation measures for a traffic study to be done in the
beginning of Phase II and at this time the City staff and County could work
together.
Council Member Paul brought up the concern of the traffic lights in the
area of Smallwood Avenue, Borson Street, and Imperial Highway, but that this
would be brought up in a presentation in Capital Improvements next month. --
Public Works Director Ralph pointed out the suggestion for a traffic signal
at Consuelo Street.
ORAL COMMUNICATIONS - Items not on Agenda
Mrs. Myrtle Risley, 7938 Phlox St., spoke regarding protest to issuance of
a license under Alcoholic Beverage Control Act to Jimmy McGee (Applicant), 11500
Paramount Boulevard (previously Mississippi Moonshine).
City Manager Davis stated the Application is now before the Alcoholic
Beverage Control Board (ABC) and Police Chief Stone had been in contact with the
investigator from ABC, and he indicated if the applicant was denied there would
be a hearing, and the City would do everything to have the hearing moved to the
City Council Chamber in Downey. Mr. Davis said this decision would be up to the
hearing judge whether he would grant the movement to this location or not.
Council discussed whether a conditional use permit could be challenged due
to public nuisance.
The Planning Department was directed to research this information to see if
there is a conditional use permit on file with the City and if so, discuss
possible revocation proceedings.
Mr. Larry Marks, 7808 Borson St., questioned when the next hearing would be
held on GP-87-3 and was told it would be when the Site Specific Plan is
considered.
CONSENT CALENDAR
Agenda Items VI-A-4, Council Minutes: Regular Meeting, June 28, 1988; and
VI-F-1, Tract Map No. 45614, 12425 Orizaba Avenue, were removed at the request
of Council Member Boggs.
MINUTES: Adjourned Regular Meeting, June 15, 1988; Adjourned Regular
Meeting, June 16, 1988; & Adjourned Regular Meeting, June 28, 1988:
Approve.
CASH CONTRACT NO. 541 (PHASE I) - WATER MAINS, CENTURY FREEWAY CORRIDOR,
BELLFLOWER BOULEVARD TO DOWNEY AVENUE AND EXTRA WORK: Approve extra work
in the amount of $63,135.
GENERAL WARRANTS #41670 - 41886 and t41902 - 42139, $1,461,587.94:
Approve.
APPEAL ON ZONE VARIANCE DENIAL NO. 569, 12825 CORNUTA AVENUE (APPLICANT:
(CALTP,AM): Hearing set for August 9, 1988.
APPEAL HEARING - GENERAL ORIENTAL ACUPRESSURE, 8726 IMPERIAL HIGHWAY: -
Appeal withdrawn.
RESOLUTION NO. 5046 (ADOPTED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF JOHNETTE L. STICKEL TO THE
RECREATION & COMMUNITY SERVICES COMMISSION FOR
COUNCILMANIC DISTRICT FIVE
Council Minutes 7/12/88 -8-
RESOLUTION NO. 5047 (ADOPTED) :`o
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF DIANNE LUMSDAINE TO THE
PLANNING COMMISSION FOR COUNCILMANIC DISTRICT FIVE
It was moved by Council Member Paul, seconded by Council Member Boggs, and
carried by the following vote to waive full reading of Resolutions and to
approve the remainder of the Consent Calendar as recommended:
AYES: 5 Council Members: Paul, Barb, Boggs, Hayden, Cormack
(Council Member Hayden abstaining from voting on the City
Council Minutes.)
ORDINANCES: None
RESOLUTIONS: None (See Hearings and Consent Calendar)
ADMINISTRATIVE REPORTS
AGREEMENT & GENERAL RELEASE - WEATHERITE SERVICE CORPORATION
City Manager Davis asked that this item be continued.
It was moved by Council Member Boggs, seconded by Council Member Paul, and
unanimously carried that this matter be continued.
ITEMS REMOVED FROM CONSENT CALENDAR
COUNCIL MINUTES: REGULAR MEETING, JUNE 28, 1988
Council Member Boggs asked that the Minutes be corrected on page 3,
following paragraph 10, to show a conversation between herself and Mr. Joe
Cefaratti, representing DCH Investments, Inc. This correction was made and
added as an Amendment, page 9, of the Regular City Council Minutes of June 28,
1988.
It was moved by Council Member Boggs, seconded by Council Member Paul, and
carried 4-0 (Council Member Hayden abstaining) to approve the Regular City
Council Minutes of June 28, 1988, with the corrections as noted.
TRACT MAP NO. 45614, 12415 ORIZABA AVENUE
Council Member Boggs clarified that this acion would create no new parcels.
RESOLUTION NO. 5045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 45614
(12425 ORIZABA AVENUE), APPROVING AN AGREEMENT WITH THE SUBDIVIDER
AND ACCEPTANCE OF A LOAN ASSIGNMENT IN LIEU OF SURETY BONDS
It was moved by Council Member Boggs, seconded by Council Member Paul, and
unanimously carried to waive further reading and to adopt.
OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS:
Staff Members: None
City Council:
Mayor Cormack:
1. % APPOINTMENT OF ALTERNATE TO COUNTY SANITATION DISTRICTS 2 AND 18
It was moved by Mayor Cormack, and hearing no objections, so
ordered as follows:
RESOLVED, that Diane P. Boggs, a member of the City Council of the
of the City of Downey, is hereby selected and designated as an
alternate of the Board of Directors of County Sanitiation Districts
No. 2 and 18 of Los Angeles County to act in the place of the
presiding officer of the City Council during his absence,
inability, or refusal to act as a member of said Board of
Directors.
Council Minutes 7/12/88 -9-
Council Members:
2. DISCUSSION RE ATTORNEY FEES FOR JAMES SANTANGELO
Council Member Paul said that the attorney fees of approximately
$64,000 are still outstanding and Mr. Leo Newton has not made any
attempt to contact the City and resolve this situation. Council
Member Paul asked City Manager Davis if he had tried to contact Mr.
Leo Newton.
Mr. Davis responded that he has tried to contact Mr. Leo Newton
with appoximately four telephone calls and one letter within the
last week. He further clarified for Council that the contents of
the letter requested Mr. Newton to make contact with his office,
indicating it was our intention to ask for arbitration, and that he
wished to discuss this with him. —
Council Member Paul continued, noting the lack of communication,
adding it should be pointed out that Council voted previousy
against arbitration (April 12, 1988) and that although he is still
opposed to payment, the City is forced to request arbitration at
this point. He also stated that he felt there is breach of
contract by Mr. Leo Newton since he did not comply with the terms
of the agreement.
Council Member Boggs stated that her position on the legal fees has
been clear from the beginning (to pay the fees), but that she is
hesitant to commit to further legal fees since Mr. Leo Newton has
submitted a bill which is about three times the amount she
expected. His failure to submit itemized billings as agreed upon
has left the Council with no alternative than to request
arbitration. She later commented on the 1984 vote by Council
Member Santangelo, which she feels deserves Council support in that
no one stopped him from voting.
Council Member Barb stated letter after letter has, been sent to Mr.
Leo Newton, as have requests for reports, and no response has been
received. He said it is difficult to work out any solution when
there is only one side attempting to negotiate. He stated he is in
favor of supporting arbitration for the past bill. —
Council Member Hayden stated that to her this is a matter of
philos5hy and what is fiscally responsible in terms of expenditure
of the taxpayers money. She agrees with arbitration of the past
fees.
Council Member Cormack felt that the terms of the contract have
been violated and stated he could not support payment of future
fees. He urged arbitration of the past fees prior to payment.
MOTION: It was moved by Council Member Paul, seconded by Council
Member Boggs, and unanimously carried to initiate arbitration for
the current outstanding legal fees ($64,220.50) for former Council
Member James S. Santangelo.
MOTION: It was moved by Council Member Paul, seconded by Council
Member Barb, and carried 4-0 (Council Member Boggs abstaining) to
terminate any future legal fees for the new trial for former
Council Member James S. Santangelo.
3. Council Member Paul:
a. Informed he has been appointed by Supervisor Schabarum to the
Task Force regarding Teen Drug Abuse and Pregnancy Problems.
4. Council Member Barb:
a. Confirmed that street sweeping report would be on July 26, 1988
Agenda.
The meeting recessed at 11:30 p.m. to closed session to
discuss Government Code Sections 54957.6, a personnel matter, and
54956.9. one Subdivision (a) matter, the settlement of Meyer vs.
City of Downey.
Council Minutes 7/12/88 -10-
The meeting reconvened at 11:37 p.m. with all Council Members present.T
ADJOURNMENT: 11:37 p.m.
The meeting was adjourned to 6:00 p.m., July 26, 1988, in the Council
Chamber of the Downey City Hall.
y
Jena Yo�Cip�Cle a urer
Council Minutes 7/12/88 -11-