HomeMy WebLinkAboutMinutes - 02-08-00 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 8, 2000
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Chief Finch introduced new Police Captain Mark Dryer 1
Res. #272, of the Community Development Commission
(CDC) approving the Disposition & Development
between the CDC & Downey HE, LLC, for the
redevelopment of property bounded by Firestone Bi.
& Patton Rd. Adopted 3
Res. #6325, of the City Council approving the sale of real
property by the CDC and the Disposition & Development
Agreement between the CDC & Downey HE, LLC for
redevelopment of property bounded by Firestone Bi. &
Patton Rd. Adopted 4
Res. #6326, denying the appeal on the modification &
revocation of Conditional Use Permit No. 94 -66, for
property at 7857 Florence Av. Adopted 7
Five -Year Consolidated Plan for U. S. Dept. of Housing
& Urban Development grants Rec. & filed 8
Council Minutes: Adj. & Reg. Mtgs. 1/25/00 Approved 8
Warrants Issued: 5598 — 6013, $1,873,258.13 Approved 8
Amend contract w/Kabbara Eng. to prepare plans for
the installation of a potable water main in 3r St. from
Myrtle St. to La Reina Av.: Increase the contract amount
by $5,000 to prepare plans & specs Approved 8
Res. #6327, supporting Prop. 14 — Calif. Reading & Literacy
Improvement & Public Library Construction & Renovation
Bond Act of 2000 Adopted 9
Ord. #1077, approv. an amendment to the Joint Exercise
of Powers Agreement between the member cities & the
Southeast Area Animal Control Authority Adopted 9
PAGE 1 OF 3
COUNCIL MINUTES, FEBRUARY 8, 2000
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Ord. #1078, Code Amendment 99 -64 re Ambulance Services
as a use subject to a Conditional Use Permit Adopted 9
Exclusive Right to Negotiate Agreement between the
City & The Ezralow Co.: Auth. City Mgr. to execute agreement
for the disposition & development of Parcels 1, 2, 3, 5 & 6
of the NASA site Approved 10
Cn. Perkins commented on City of Commerce 40 anniversary
celebration 10
Cn. Perkins mentioned representing the Council on the Police &
Fire Memorial Trust Foundation, which recently held its first
scholarship program 10
Cn. McCaughan requested a status on his previous request re
need for public improvements on Lakewood & Paramount Blvds. 10
Cn. McCaughan mentioned shopping cart retrieval & questioned
possible lapse in service 10
Cn. McCaughan commented on concern of Rio Hondo Elementary
School Principal & PTA re need for a crossing guard at Rives Av.
& Muller St. 10
Cn. McCaughan thanked the Public Works & Eng. Depts. for
completing alley improvements at Smallwood Av. & Seventh St. &
mentioned a resident's req. for alley improvements at Fifth St. 10
Cn. McCaughan suggested a project of installing lights on the
baseball diamond at Warren High School 10
Cn. McCaughan mentioned staff is continuing its review of
newspaper racks & survey of City Council compensations 10
Cn. Lawrence noted approval of a Res. supporting Prop. 14 —
Calif. Reading & Literacy Improvement & Public Library
Construction & Renovation Bond Act of 2000 11
Cn. Lawrence req. staff develop a Design Chapter for the City's
General Plan 11
PAGE 2 OF 3
COUNCIL MINUTES, FEBRUARY 8, 2000
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Lawrence thanked City Librarian Jenkins for attending the
Downey Historical Society's meeting & giving an excellent report 11
Cn. Lawrence commented on the Downey Historical Society's
February Film Festival 11
Cn. Lawrence mentioned a resident's inquiry as to who is
responsible for maintaining the "island" sign Ref. to staff 11
Cn. Winningham asked when the City Attorney anticipates
submitting a report re the issue of certified copies 11
Cn. Winningham mentioned palm trees trimmed near the
RR tracks south of Firestone Bi. 11
Cn. Winningham ref. to Cn. McCaughan's comments re project
for lighting the baseball fields at Warren High & suggested, if
undertaken, it be stipulated the fields are available after school 11
Cn. Winningham noted Press Telegram Report Theo Douglas
will be leaving Downey; wished him well; & complimented
all reporters assigned to Downey 11
Mayor McCarthy complimented a Sunday Times article re
Irish stowaway, John Downey 11
Mayor McCarthy ref. speed limit increase on Brookshire Av.
& expressed concern re trees partially blocking a school
crossing sign on Brookshire Av. at Devenir St. 12
Mr. Caton expressed gratitude that the President's
Budget contains $9.8 million for completion of the LACDA
flood control project 12
Mr. Caton mentioned letters received complimenting
Housing Manager Ed Velasco re his reporting on the Community
Development Block Grant program 12
Meeting adjourned to 6:30 p.m., February 22, 2000 12
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 8, 2000
The City Council of the City of Downey held a regular meeting at 7:42 p.m., February 8, 2000,
in the Council Chamber of the Downey City Hall, Mayor Keith McCarthy presiding.
PRESENT: Council Members:
Keith McCarthy Mayor
Joyce L. Lawrence Mayor Pro Tem
Robert C. Winningham
Meredith H. Perkins
Gary P. McCaughan, M.D.
ALSO PRESENT: Gerald M. Caton, City Manager
Charles Vose, City Attorney
Judith McDonnell, City Clerk - Treasurer
Lee Powell, Assistant City Manager
Desi Alvarez, Director of Public Works
John Finch, Police Chief
Darrell George, Director of Community /Economic Development
Ron Irwin, Interim Fire Chief
James Jarrett, Director of Community Services
Linda Haines, Building Official
Vicki Jenkins, City Librarian
Ron Yoshiki, Asst. Director of Comm. Dev. /City Planner
Christine Roberto, Purchasing Manager
Ed Velasco, Manager of Housing
Christina Garcia, Special Projects Coordinator
David Rodriguez, Project Management Consultant
Bob Rowe, Deputy Fire Marshal
Steven Yee, Economic Development Coordinator
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Chief Finch introduced new Police Captain Mark Dryer, mentioning the Captain's years of
service with the Downey Police Department, his educational background and also introduced his wife
Janell.
HEARINGS
At this time, the Community Development Commission convened in joint session with the City
Council with all Council Members/Commissioners present.
Council Minutes 2/8/00 -1-
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Mayor /Chairman McCarthy opened the joint public hearing between the City Council and the
Community Development Commission (CDC) to CONSIDER A DISPOSITION AND
DEVELOPMENT AGREEMENT (DDA) BETWEEN THE DOWNEY COMMUNITY
DEVELOPMENT COMMISSION AND DOWNEY HE, LLC FOR THE DEVELOPMENT
OF A COMMERCIAL RETAIL CENTER AT 8550 FIRESTONE BOULEVARD.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council
Member /Commissioner McCaughan, seconded by Council Member /Commissioner Lawrence, and so
ordered to receive and file.
Mr. George explained this is consideration of a DDA between the Commission and the team of
Hesloff and Esses, Downey HE, LLC. Staff has been working with this team on the proposed project
for this location, involving 21,000 square feet of new development. He reviewed highlights and key
deal points, noting the Commission owns the center parcel and will retain the right of approval for all
tenants. The developer will pay $158,000 and the Commission will provide assistance of up to
$150,000 at the end of the project. He noted the project was presented to the Planning Commission,
where the parcel map, zone change, and zone variance were approved.
There was no correspondence received on this Fatter.
Mark Esses, Downey HE, LLC, 11835 West Olympic Boulevard, Los Angeles, mentioned the
proposed project will generate significant tax dollars and will bring nationwide retailers to this corner.
The parcel owned by the Commission has been vacant for quite some time and the parcel to the west
has never been developed.
Mayor /Chairman McCarthy asked if there was anyone who wished to speak in favor of the
DDA and there was no response. He then asked if there was anyone who wished to speak in
opposition.
Lennie Whittington, 8542 Manatee Street, reviewed the history of the Commission property
from the time Downey Tire and Brake occupied the parcel and noted the Commission paid $450,000
for the parcel, is selling it for a much lesser amount, $158,000, and is offering the buyer assistance in
the amount of $150,000. He felt this was a bad deal for the taxpayers.
David Bowers, 10620 Dolan Avenue, referred to the reference of comparable retailers and
concurring with Mr. Whittington's comments, suggested this should be considered further.
Connie Patton, 7833 Kingby Street, looked forward to having a Starbucks at this location but
mentioned she will miss one of the current occupants, Gregory's Chicken and Ribs. She noted the
owner of Gregory's is very upset that the building will be demolished and suggested the developer
sample Gregory's food and consider offering them a space in the new development.
There being no one else to speak, it was moved by Council Member /Commissioner Lawrence,
seconded by Council Member /Commissioner Winningham, and so ordered to close the hearing.
Council Member /Commissioner Perkins noted the Commission will retain the right of approval
of all tenants, and felt this was a good project for the City. He agreed the food is excellent at
Gregory's and hoped this business would consider relocating to the downtown area.
Council Minutes 2/8/00 -2-
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Council Member /Commissioner McCaughan concurred with Council Member /Commissioner
Perkins, stating he was in favor of this project and felt it would benefit to the City.
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Council Member /Commissioner Lawrence commented the property on which the rib business
is located has not been well maintained. The parcel belonging to the City is 60 feet wide and
configured
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gu ed and the adjacent lot has been vacant for years. She is glad to have someone from the
private sector willing to come in and develop the property.
Council Member /Commissioner Winningham echoed the comments of Council Member /-
Commissioner Lawrence, stating the people of the community expect the Council/Commission to
make decisions like this. He emphasized the current businesses will be compensated well for their
removal from the site.
Mayor /Chairman McCarthy mentioned this was an important site in the City and felt the
proposed project will create a much better visual effect along Firestone Boulevard. He noted the
long -term benefits will be excellent and hoped current tenants would remain within the City.
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RESOLUTION NO. 272
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY APPROVING THAT CERTAIN AGREEMENT
ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF DOWNEY AND DOWNEY HE, LLC" FOR THE
REDEVELOPMENT OF CERTAIN REAL PROPERTY WITHIN THE
DOWNEY REDEVELOPMENT PROJECT AREA GENERALLY BOUNDED
BY FIRESTONE BOULEVARD AND PATTON ROAD
The Resolution was read by title only. It was moved by Commissioner Winningham,
seconded by Commissioner McCaughan, and unanimously carried to waive further reading and
adopt.
Mr. Caton noted the Resolution was modified to correct typing errors in the initial draft.
RESOLUTION NO. 6325
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA APPROVING THE SALE OF REAL PROPERTY BY THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
DOWNEY AND THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
DOWNEY AND DOWNEY HE, LLC" FOR THE REDEVELOPMENT OF
CERTAIN REAL PROPERTY WITHIN THE DOWNEY REDEVELOPMENT
PROJECT AREA GENERALLY BOUNDED BY FIRESTONE BOULEVARD
AND PATTON ROAD
Council Minutes 2/8/00 -3-
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The Resolution was read by title only. It was moved by Council Member McCaughan,
seconded by Council Member Lawrence, and unanimously carried to waive further reading and
adopt.
Mayor /Chairman McCarthy recessed the Community Development Commission portion
of the meeting at 8:05 p.m.
Mayor McCarthy opened the public hearing on APPEAL TO CONDITIONAL USE
PERMIT (CUP) NO. 94 -66 — MODIFYING AND REVOKING THE CITY'S APPROVAL
FOR ENTERTAINMENT AND DANCING AT 7857 FLORENCE AVENUE.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council
Member Winningham, seconded by Council Member Lawrence and so ordered to receive and
file.
Mr. Yoshiki explained this appeal to the Planning Commission's decision relating to CUP
94 -66, for the Tocororo Restaurant, noting the application reflects three entitlements for this
facility. He reviewed the actions of the Planning Commission and City Council from the time of
initial approval in 1995 to subsequent modifications and extensions, which allowed dancing and
entertainment. Public concern prompted the request for a noise study to evaluate impacts to
surrounding properties, which was supplied but found to be inadequate, and a second report was
requested by February 1, 1998, which was not submitted. Through the process of annual
inspections, the Fire and Building Departments found unpermitted improvements occurring. The
Planning Commission considered the applicant's request to approve the unauthorized expansion in
August 1999, which was denied. At its January 5, 2000, meeting, the Planning Commission
approved Resolution 2020, modifying the CUP and revoking the approval for entertainment and
dancing. He referred to Section 9168 of the Downey Municipal Code (DMC) and reviewed the
six findings listed, which outline terms or conditions governing the action of the Planning
Commission and Council, if there is consideration to modify or revoke an entitlement of permit.
The Planning Commission identified two findings present: The applicant proceeded to conduct
work on the restaurant without proper permits; and the applicant continued to proceed with
improvements knowing that permits were required. He noted the applicant is a general contractor
and then narrated slides of the restaurant and surrounding properties, noting the revocation does
not revoke all entitlements, but only revokes the dancing and entertainment entitlements.
Ms. McDonnell indicated correspondence was received from Mr. Harry Boand, Jr.,
representing property owners at 7444 Florence Avenue, who object to dancing, stating it would bring
in an undesirable group, and from the applicant's attorney, Armando Chavira, who submitted a letter
requesting documents and a continuance of the hearing.
It was moved by Council Member Lawrence, seconded by Council Member Winningham, and
so ordered to receive and file.
Mayor McCarthy asked if the applicant or his representative wished to come forward and
present their case.
Council Minutes 2/8/00 - 4-
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Armando Chavira, 20335 Ventura Boulevard, Suite 410, Woodland Hills, requested a
continuance of the hearing, stating he became involved in this case only four weeks ago. He
referenced the history cited by staff, stating the revocation would cause a substantial loss to Mr. Cue,
as most people utilize his facility for dining and dancing and musical entertainment. He referred to a
letter he sent to the City and the response received from the City Attorney regarding documents
relevant to the case, which he felt were important for the Council's review before considering the
decision of the Planning Commission. He requested a continuance of 30 to 45 days.
Mayor McCarthy asked if there was anyone present to speak in favor of the Appeal to CUP
94 -66, and there was no response. He then asked if there was anyone present to speak in opposition
of the Appeal.
Dale South, 7860 Raviller Drive, owner of property at 9943 Tweedy Lane, spoke in opposition
to dancing at the facility and mentioned concerns, such as cars spinning their tires and people arguing
in the parking lot.
Grace Ashilian, 9943 Tweedy Lane, explained this is a booming business, and she chose where
she lives because she wants to live in comfort. She noted there is a reat deal of noise trash, fighting,
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people hanging around, broken bottles, etc., which are not conducive to a safe place to live.
Frank Kerns, 9942 Smallwood Avenue, mentioned steps taken to reduce the impact to
surrounding residents, which did not alleviate their concerns. He mentioned activities taking place on
surrounding residential streets and stated it is not a benefit to the neighborhood and something bad
could happen.
Mayor McCarthy asked if the applicant wished to speak in rebuttal.
Mr. Vose suggested the Council consider the applicant's request for a continuance of the
hearing and asked if the entertainment and dancing activities being revoked by the Planning
Commission were still being conducted.
Mr. Cue advised that dancing and entertainment are still continuing.
Mr. Chavira explained the activities are continuing in the permitted areas only and that the
unpermitted area was walled off and has not been used. He referred to the stay during the appeal
process, whereby he counseled Mr. Cue to continue these activities in the permitted area only.
Council Member Perkins felt this was a safety issue, and asked Mr. Cue if he had understood
and agreed to the six conditions for the CUP and the response was yes. He stated he was in favor of
proceeding with the hearing.
Mr. Cue advised that all Fire Department violations have been corrected, stating he made a
mistake by using the other room for additional capacity, noting he only added a door in the hallway,
which he has now closed.
Mr. Vose requested clarification as to whether the Planning Commission action would
eliminate all entertainment and dancing at this establishment and the response was yes.
Council Minutes 2/8/00 -5-
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It was moved by Council Member Winningham and seconded by Mayor McCarthy to continue
with the hearing tonight.
Mr. Vose advised that technically a motion was not needed to continue the hearing tonight.
Council Member Lawrence requested a report from the Fire Department as to whether
conditions found had been remedied.
Bob Rowe, Deputy Fire Marshal, noted it took many visits to bring this establishment into
compliance, but, at the time of the last inspection, Mr. Cue had complied with requirements for the
area permitted. He reviewed infractions found, such as occupant load, emergency lighting, electrical
violations, and exit obstructions. He responded to comments from the Council regarding infractions
found by the Fire and Building Department Inspectors.
It was moved by Council Member Lawrence, seconded by Mayor McCarthy, and failed by the
following ote to c ontinue the hearing until the meeting of March 14
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AYES 2 Council Members: Lawrence, McCarthy
NOES 3 Council Members: Winningham, McCaughan, Perkins
Prior to the vote, Council Member Perkins requested the motion be amended to include a
stipulation that dancing and entertainment be discontinued during the continuance period. He was
informed by Mr. Vose that this could be accomplished only if the applicant agreed.
Mr. Vose requested that the Building Official comment on the letter dated June 16, 1999,
regarding the status of the violations on the record.
Ms. Haines, explained that the only thing Mr. Cue has complied with is to close the door he
added. There were possible modifications to the structural supports to the second floor office area,
the log lighter has not been addressed, there were plumbing and electrical violations, and an exit has
been altered. She mentioned a new architect hired by Mr. Cue visited the City today to find out what
is needed, which is the first the City has heard since the January 5 Planning Commission hearing. She
responded to comments from the Council.
Mayor McCarthy asked the applicant if he wished to speak in rebuttal.
Mr. Chavira expressed his disappointment that the extension was not granted, reminding the
Council that this location, as it is now, is the same way it was in 1996 through mid 1999 when the
unpermitted addition was installed, and stated the safety issues would be the same ones in existence
three years ago, when permission was granted for entertainment, dancing, and music. He mentioned
there are other businesses in the City who have had severe police problems but whose entertainment
permits have not been revoked, noting his request for an extension was to obtain information on these
locations to make his finding as to whether Mr. Cue is getting the same treatment. He has encouraged
Mr. Cue to come into compliance and hoped he would not lose his business due to a two to three
month lapse, noting the addition in question is no longer under lease to Mr. Cue.
Council Minutes 2/8/00 -6-
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Council Member Perkins stated he does not consider the violations minor in nature and
referred to the various extensions requested for the noise study and the failure to renew the CUP in a
timely manner.
Council Member McCaughan asked Mr. Chavira if he had the names and addresses of other
locations with police problems and was informed a letter was sent to the City Clerk listing five.
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Mayor McCarthy read the Locations noted in Mr. Chavira's letter.
Council Member McCaughan referred to other locations where violations resulted in
revocations, noting the community has a standard and the owners are expected to live up to the
conditions of their CUP's. He stated the City could review the locations mentioned.
There being no one else to speak, it was moved by Council Member Lawrence, seconded by
Council Member Winningham, and so ordered to close the hearing.
RESOLUTION NO. 6326
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL ON THE MODIFICATION AND REVOCATION OF
CONDITIONAL USE PERMIT NO. 94 -66, REVOKING THAT PORTION OF
THE CITY'S APPROVAL FOR ENTERTAINMENT AND DANCING IN A
FULL SERVICE RESTAURANT WITH AN APPROVAL FOR THE ON -SALE
OF ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT 7857
FLORENCE AVENUE, ZONED C -2 /PB (GENERAL
COMMERCIAL /PARKING BUFFER)
The Resolution was read by title only. It was moved by Council Member McCaughan,
seconded by Council Member Winningham, and unanimously carried to waive further `reading and
adopt.
ORAL COMMUNICATIONS: None
The meeting recessed at 9:20 p.m. and reconvened at 9:27 p.m. with all Council Members
present.
HEARINGS (font.)
Mayor McCarthy opened the public hearing on the FIVE CONSOLIDATED PLAN
FOR THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) GRANTS.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council
Member Winningham, seconded by Council Member Lawrence, and so ordered to receive and file.
Council Minutes 2 /8/00 -7-
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Mr. Velasco explained staff is requesting the Council receive public comments and feedback
for the revision of the Five -Year Consolidated Plan for the period of 2000 — 2005. HUD requires the
City prepare a consolidated plan to receive Community Development Block Grant funds (CDBG) and
HOME funds. It is required every five years, with the last one being approved on May 23, 1995. It is
a working plan for carrying out programs and activities funded by Federal Funds and is a basis for
HUD to assess the City's performance in carrying out programs and activities utilizing these funds.
The plan will require two public hearings, with staff requesting public comments in four areas: The
need for affordable housing for low and moderate income households; a need for non - housing
community needs, such as social service programs, employment opportunities, improvements to public
facilities, etc.; suggestions in establishing goals, objectives, and priorities for addressing these needs
and how the funds could be distributed; and proposals of programs and activities to be funded with
CDBG and HOME funds. Four community meetings have been scheduled to provide opportunities
for public participation. He responded to comments from the Council.
There was no correspondence received on this matter.
There being no one to speak regarding the Five -Year Consolidated Plan, it was moved by
Council Member Lawrence, seconded by Council Member Winningham, and so ordered to close the
hearing.
Mayor McCarthy inquired if the employment centered programs related to the Private Industry
Council (PIC) and was informed there is a tie but the main area is economic development, referring to
the Project of Industry, which met the City's objectives in addressing that area of the Consolidated
Plan. He pointed out that Federal Laws are changing and the PIC is changing from a Private Industry
Council to a Workplace Investment Board (WIB).
It was so ordered by Mayor McCarthy to receive and file.
CONSENT CALENDAR - ITEMS FOR REMOVAL: None
CONSENT CALENDAR
It was moved by Council Member Lawrence, seconded by Council Member Perkins, and
unanimously carried to waive further reading of the Resolution and Ordinances and approve the
remainder of the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JANUARY 25,
2000: Approve.
WARRANTS ISSUED: NO. 5598 — 6013, $1,873,258.13: Approve.
AMEND CONTRACT WITH KABBARA ENGINEERING TO PREPARE PLANS
FOR THE INSTALLATION OF A POTABLE WATER MAIN IN 3 STREET FROM
MYRTLE STREET TO LA REINA AVENUE: Increase the contract amount by $5,000, to
prepare plans and specifications for the installation of a potable water distribution main:
Approve.
Council Minutes 2/8/00 -8-
RESOLUTION NO. 6327 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN
SUPPORT OF PROPOSITION 14 — CALIFORNIA READING AND
LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION
AND RENOVATION BOND ACT OF 2000
ORDINANCE NO. 1077 (ADOPT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, APPROVING AN AMENDMENT TO THE JOINT EXERCISE
OF POWERS AGREEMENT BETWEEN THE CITIES OF BELL GARDENS,
DOWNEY, MONTEBELLO, NORWALK, PARAMOUNT, PICO RIVERA,
SANTA FE SPRINGS AND SOUTH EL MONTE EXTENDING THE TERM
OF THE SOUTHEAST AREA ANIMAL CONTROL AUTHORITY
ORDINANCE NO. 1078 (ADOPT)
AN ORDINANCE OF TnE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 9118.04 AND 9124.04 OF THE DOWNEY
MUNICIPAL CODE BY REMOVING AMBULANCE SERVICES AS A
PERMITTED USE IN THE HIVI (HOSPITAL MED1CAL-ARTS) AND C2
(GENERAL COMMERCIAL) ZONES; AND AMENDING SECTIONS 9118.08,
9124.06 AND 9128.08 OF THE DOWNEY MUNICIPAL CODE BY ADDING
AMBULANCE, SERVICES AS A USE SUB.JECT TO A CUP (CONDITIONAL
USE PERMIT) IN THE UM, C2 AND M (LIGHT MANUFACTURING)
ZONES (CODE AMENDMENT NO. 99
ORDINANCES: None
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BETWEEN THE CITY OF
DOWNEY AND THE EZRALOW COMPANY
Mr. George explained this is the culmination of a year's worth of work on behalf of the
Council and staff to get to the point of considering entering into a 6-month exclusive agreement with
the Ezralow Company to undertake a number ortasks related to the future disposition and
development of the NASA site. He noted timeframes included for the completion of tasks and the
focus on issues of due diligence for investigation into the environmental condition of the site; initiation
of planning approvals and entitlements; refinement or the development concept; and providing
evidence of economic feasibility and financing. A key element is the furnishing of commitments for
actual space. The agreement provides for a WOW depotit by Ezralow that can be drawn upon to
pay for developer and City expenses (luting the next six months, such as environmental due diligence,
consultants, architects, marketing, etc.
Council Minutes 2/8/00 -9-
Mr. Douglas Gray, Partner of the Ezralow Company, thanked the City for the opportunity and
expressed his excitement and optimism in seeing the development to fruition.
It was moved by Council Member McCaughan, seconded by Council Member Perkins, and
unanimously carried to authorize the City Manager to execute a 180 -Day Exclusive Negotiation
Agreement (ENA) with The Ezralow Company for the disposition and development of Parcels,
1, 2, 3, 5 and 6 of the Downey NASA Site.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
OTHER BUSINESS - Council Members
Council Member Perkins commented on attending the City of Commerce 40` anniversary
celebration and complimented that city on its program of assisting students with funds to continue
their education.
Council Member Perkins mentioned representing the Council on the Downey Police and Fire
Memorial Trust Foundation, which held its first scholarship program and awarded funds to four
students whose parents work for the Downey Police and Fire Departments. He encouraged other
students to apply during the second round in the months of March, April and May.
Council Member McCaughan asked about the status of his previous request regarding the
need for public improvements on Lakewood Boulevard between Gallatin Road and Florence
Avenue and on Paramount Boulevard between Imperial Highway and Gardendale Street.
Council Member McCaughan mentioned shopping cart retrieval and questioned whether
there has been a lapse in the contractor's service, as he has noticed more carts.
Council Member McCaughan commented on concern of Rio Hondo Elementary School
Principal and PTA regarding the need for a crossing guard at Rives Avenue and Muller Street and
requested response from staff as to whether they have received contact from Rio Hondo School on
this issue.
Council Member McCaughan thanked the Public Works and Engineering Departments for
completing alley improvements in the area of Smallwood Avenue and Seventh Street and
mentioned being contacted by a resident on Fifth Street who requested alley improvements in that
area.
Council Member McCaughan suggested a project of installing lights on the baseball
diamond at Warren High School and offered to meet with Recreation & Community Services staff
and the School District to discuss this matter. He noted the Downey High School baseball diamond is
lit and this was a joint project, which included Warren High having joint use of the football facility,
which never occurred. He noted this would be a benefit to the school teams and also to Little League
teams.
Council Member McCaughan mentioned that staff is continuing its review of newspaper racks
and survey of City Council compensations.
Council Minutes 2/8/00 -10-
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Council Member Lawrence noted the Council's approval of a Resolution supporting
Proposition 14 — California Reading and Literacy Improvement and Public Library
Construction and Renovation Bond Act of 2000, which was brought to the Council's attention by
Council Member McCaughan.
Council Member Lawrence asked staff to develop a Design Chapter for the City's General
Plan referring to her disappointment in the design review process of several new business ventures in
the City. She noted the City Manager advised that the City does not have design standards and
requested staff review this issue, pertaining to landscaping, aesthetics, building materials and possibly .---
public art.
Council Member Lawrence thanked City Librarian Jenkins for attending the Downey
Historical Society's meeting and giving an excellent report on what she anticipates in the future.
Council Member Lawrence commented on the Downey Historical Society's February Film
Festival, which will feature the 1920 silent film version of "Pollyanna," starring Mary Pickford. She
noted part of the picture was filmed in Downey on the Hogan Williford property, on what is now the
corner of Downey Avenue and Lexington Road. The film will be shown on February 24th in the
Downey Room of the Community Center. She also noted that Popcorn Video Store found the video
and donated it for the program.
Council Member Lawrence mentioned being contacted by a resident who resides on the
"island," questioning who is responsible for maintaining the "island" sign. She requested the Physical
Services Division be contacted to determine responsibility for getting the sign beautified.
Council Member Winningham asked when the City Attorney anticipates submitting a report to
Council regarding the issue of certified copies and was informed it will be presented at the next
meeting.
Council Member Winningham mentioned the palm trees trimmed near the railroad tracks
south of Firestone Boulevard and questioned whether they were trimmed properly by being "topped
off," since they now resemble telephone poles, and whether the City has the authority to ask that they
be removed.
Council Member Winningham referred to Council Member McCaughan's comments regarding
lighting the baseball fields at Warren High, advising that a joint project in the 60's between the
City and the School District lit the baseball fields at Downey High. He did not think that facility was
available as a City facility and had to be accessed through the School District, suggesting, if a joint
project is undertaken, that a stipulation be included that it is a community project and the fields are to
be available after school hours.
Council Member Winningham noted Press Telegram Reporter Theo Douglas will be leaving
Downey and wished him well in his new assignment. He complimented all the reporters assigned to
Downey for doing a fine job.
Mayor McCarthy complimented a Sunday Times newspaper article regarding Irish
Stowaway, John Downey.
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Mayor McCarthy referenced the speed limit increase on Brookshire Avenue, approved by
Council at the last meeting, and expressed concern regarding trees partially blocking a school crossing
sign on Brookshire Avenue at Devenir Street.
OTHER BUSINESS - Staff Members
Mr. Caton. expressed gratitude that the President's Budget contains $9.8 million, which will
allow for completion of the LACDA flood control project in 2001.
Mr. Caton mentioned letters received complimenting Housing Manager Ed Velasco for
doing a fine job with regard to reporting on the Community Development Block Grant program, to
which he concurred.
ADJOURNMENT: 9:56 p . m.
The meeting was adjourned to 6:30 p.m., February 22, 2000, in the Council Chamber of
Downey City Hall.
r '
Judith E. McDonnell, Cit y Clerk ' eith McCarthy, Mayor
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