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Home My WebLink AboutMinutes-11-10-92-Regular Meeting ADDENDUM TO MINUTES OF THE CITY COU NC I L OF THE CITY OF DOW N EY NOVEMBER 10 , 1992 The City Council Minutes of November 10, 1992 are being corrected as follows: On Page 1 of 1, Table of Minute Actions, the date in the heading should read November 10, 1992. On page 6, the seventh paragraph will be changed to read: "Mr. Lennie Whittington, 8542 Manatee St., referred to the Planning Commission Minutes of September 16, 1992, wherein the Commission held a public hearing on this matter, and he objected to the brevity of those Minutes since they only listed the speakers for or against but did not reflect what each person said. He expressed his objection to letters of support received from the Downey Chamber of Commerce and Downey School Board. Mr. Whittington distributed pictures of the vacant lot of a proposed Krikorian Theatre project in Pasadena which showed lack of maintenance on the property, submitted an excerpt from "Box Office" magazine taken from a previous redevelopment staff report and submitted a petition containing 34 signatures opposed to this project. He also challenged two letters of support received from the Downey Council PTA and an anonymous citizen, since they were not signed by an individual. He submitted to the City Clerk and read into the record a letter of opposition from Mr. Kenton Krogs tad . " On page 8, third paragraph, the last sentence will be deleted. 4, ,Judith E. McDonnell 1° / Clerk-Treasurer Addendum to Council Minutes - Reg. Mtg. 11/10/92 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER O, 1992 T A B L E O F MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appointment 1 Proclamation re Telephone Pioneers of America 1 Certificates of Appreciation 1 Joint Council /Community Dev. Commission Public Hearing re Krikorian Theatre Project 7 Recess Community Development Commission 7 Appeal, Conditional Use Permit #92 -73 Cont. to (10717 -19 Lakewood Blvd.) 12/8/92 7 Reconvene Community Development Commission for Joint Public Hearing 7 Res. #5624 cert. mitigated Negative Declaration of Environmental Impact for Specific Plan 92 -1, Krikorian Premiere Theatres Development Agreement & Krikorian Premiere Theatres Disposition & Development Agreement Adopted 8 Res. #5625 aprvg. Disposition & Development Agreement by & between Community Dev. Commission & Krikorian Premiere Theatres, Inc. for redevelopment of property bounded by La Reina Ave., 3rd St., New St. & 2nd St. Adopted 9 Ord. adopting Courthouse Block Specific Plan 92 -1 for property bounded by La Reina Ave., 3rd St., New St. & 2nd St. , including all of 2nd St. between La Reina Ave. & New St. & amending Downey Zoning Map to reflect adoption of said plan Introduced 9 Ord. aprvg. Development Agreement between City & Krikorian Premiere Theatres, Inc. Introduced 9 Res. #253 of Community Dev. Commission certifying mitigated Negative Declaration of Environmental Impact for Specific Plan 92 -1, the Krikorian Premiere Theatres Development Agreement & the Krikorian Premiere Theatres Disposition & Development Agreement Adopted 10 Res. #254 of Community Dev. Commission aprvg. Dispo- sition & Development Agreement by & between Community Development Commission of City of Downey & Krikorian Premiere Theatres, Inc. for redevelopment of property bounded by La Reina Ave., 3rd St., New St . & 2nd St . Adopted 10 Page 1 of 3 • { COUNCIL MINUTES, NOVEMBER 10, 1992 TABLE OF ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. John Gonzalez req. copies of contracts with Ralph Andersen & Associates during Police Chief recruitments in 1987 and 1989 10 Joel Lubin re Charter provision that requires City Manager to reside in City & offered his services to 0,- modify Charter if needed ,...% Ord. #951, amending DMC re 1991 Building Regulations Adopted OF amending 9 9 P Removal of Items from Consent Calendar 10 Council Minutes: Adj. & Reg. Mtgs., 10/27/92 Approved 10 Warrants Issued: #60714-61068 Approved 11 Section 125 Flexible Compensation Plan to pay for certain expenses with pre-tax earnings Approved 11 Renewal of License Agreement with Russell D. Miller for Independence Park Tennis Center Ma nagement Svs. - January 1, 1993 - December 31, 1995 Approved 11 Acceptance of Grant from March of Dimes Birth Defects Foundation- Campaign for Healthier Babies Approved 11 Southeast L.A. County Air Quality Consortium - accept Long Beach & Compton as new member cities Approved 11 Res. #5626 adopting a one -time payment to specified employees to correct an FLSA inequity Adopted 11 Res. #5627 authorizing application for 1993 Fuel- Efficient Traffic Signal Management Program Grant Adopted 11 r7 Ord. amending Downey Municipal Code regulating planting /irrigation to promote water conservation Introduced 11 Dispatching Agreement with Southeast Area Animal Control Authority & Downey Police Dept. authorizing City Ma nager to sign Approved 12 Agreement with Downey Chamber of Commerce for Fiscal Year 1992 -93 Approved 12 Cn. Lawrence re new voting structure for Metropolitan Transportation Authority Board 12 Cn. McCaughan re rebuilding apartments on La Reina Ave. that were damaged in recent bombing incident 12 Page 2 of 3 3 • COUNCIL MINUTES, NOVEMBER 10 , 1992 TABLE OF ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. McCaughan requested bringing back to Council the 1989 Code Enforcement Study for discussion & direction 12 Cn. Lawrence re status of Golf Course Master Plan 12 Mayor Boggs requested joint mtg. with Charter Review Comm. early next year 12 Mayor Boggs expansion re ansion of Puente Hills landfill 12 P Cn. Braze lton re Nov. 10th being U.S. Marine Corps Birthday 12 Mr. Caton commended Mr. Jarrett's efforts in obtaining Safe Parks Act Grant 13 Meeting adjourned to 6:30 p.m., November 24, 1992 13 Page 3 of 3 • Y 1 MINUTES OF THE CITY COU NC I L (q)k) OF THE CITY OF DOWNEY NOVEMBER 10, 1992 The City Council of the City of Downey held a regular meeting at 7 :40 p.m., November 10, 1992, in the Council Chamber of the Downey City Hall, Mayor Diane P. Boggs presiding. PRESENT: Council Members: Diane P. Boggs Mayor Robert S. Brazelton Mayor Pro -Tem Barbara J. Rile y Gary P. McCaughan, M.D. Joyce L. Lawrence ALSO PRESENT: Gerald M. Caton, City Manager Peter Thorson, City Attorney Judith McDonnell, City Clerk Lee Powell, Assistant City Manager Ron Irwin, Fire Chief James Jarrett, Director of Community Services Clayton Mayes, Police Chief Art Rangel, Director of Community Development Richard Redmayne, Director of Public Works Lowe 1 1 W i l l i a m s , Director of Finance Ron Yoshiki , Asst. Comm. Dev. Director /City Planner Robert Brace, City Engineer William Makshanoff, Building Official Ed Velasco, Housing Manager William Doebler, Associate Planner Cindi Apidgian, Executive Secretary PRESENTATIONS Council Member Lawrence presented a Certificate of Appointment to District 5 appointee Ruth Higginbotham - Cable T.Y. Citizens' Advisory Comiaittee. Mayor Boggs presented a Proclamation declaring the month of November, 1992, as Telephone Pioneers of America Month to Becky Valencia, representing the Telephone Pioneers of America. Mayor Boggs presented Certificates of Appreciation to various organizations for their clean -up efforts involving the 'Adopt -A- Street" Program and recognized them in the audience. HEARINGS The Community Development Commission reconvened in Joint Session with the Downey City Council at 7:48 p.m. All Council/Commissioners were present. Mayor /Chairman Boggs opened the joint public hearing on CITY OF DOWNEY COURTHOUSE BLOCK SPECIFIC PLAN 92 -1: NEGATIVE DECLARATION; DEVELOPMENT AGREEMENT BETWEEN CITY AND KRIKORIAN PRElulIERE THEATRES, INC. ; AND DISPOSITION AND D EYELO PM EN T AGREEMENT BETWEEN COMMISSION AND KRI K OR I AN PREMIERE THEATRES, INC. Council Minutes 11/10/92 -1- • - - • Mr. Thorson advised that Council Members Brazelton and McCaughan will not be participating in this hearing due to a conflict of interest created by their investments in the neighboring area. At this time, Council Members Brazelton and McCaughan vacated their seats, accordingly. Ms. McDonnell affirmed the proof of publication which was so ordered to receive and file. Mr. Doebler, Associate Planner, summarized the staff report, discussing the details of Courthouse Block Specific Plan No. 92 -1 and the Krikorian Theatre Development Agreement. He narrated a brief slide presentation of the subject and surrounding area, mentioning there would be a pedestrian plaza on a closed portion of Second Street. The developer's time schedule was noted as part of the Development Agreement and the Disposition and Development Agreement. He • spoke g regarding past uses of the subject property, the Blue Ribbon Committee's po a recommendation for such a project, and the market profile analysis that was conducted. main ucte The main entrance to the theatres would be on La Reina Avenue. Preliminary parking and traffic studies have been done, using the peak hour for theatre attendance. Mr. Rangel corrected the staff report on page four, last paragraph, first sentence, to include additional language stating the following: "This does not include the 7,600 square feet of the portion of Second Street that w i l l be vacated to Mr. Krikorian." He then explained the history of this project, including negotiations with different developers. He discussed some of the major issues of the Disposition and Development Agreement, including parking and financing the project. Staff members distributed to the Council and audience a handout entitled " Krikorian Theatre Proposal At A Glance" and Mr. Rangel summarized the material presented, noting the complex will act as a catalyst for revitalization in the downtown area. He narrated a slide presentation of the area that included charts and graphs pertaining to the development. Ms. McDonnell indicated receiving sixteen i Six n terns of correspondence: Si x in favor of the project; six opposed the project or raised concern about the location; and four from governmental agencies regarding their review of the project. Mayor /Chairman Boggs asked the applicant or his representative to come forward and present his case at this time. Mr. George Krikorian, President of Krikorian Theatres, explained his company is an independent c i rcu it located in Southern California and dedicated to the presentation of first -class film entertainment and complete customer satisfaction. company's • ac on . He further r mentioned the compa ny s history i n establishing l i sh i ng theatre complexes around the area. Some of the company's community support Y pP services were discussed, specifically, having available discount tickets for students with a high grade point average, etc. Mayor /Chairman Boggs asked if there was anyone present in the audience who wished to speak in favor of the project. Ms. Johnette Stickel, 8731 McCallum St., favored the proposed project as a place that can be used by youth and senior citizens alike, and emphasized the need to revitalize the downtown Downey area. Ms. Carmen Vinyard, 8153 Cheyenne St., read a letter of support from the Downey hamber of Commerce for this development. v pp Y Council Minutes 11/10/92 -2- • Mr. Ed Di Loreto , 7333 Rio Flora Place, spoke regarding the past progress C3 t3c) D owney has seen and recommended this project be approved. Ms. Betty Ferraro, 7605 Second St., member of the Downey Board of Education, referenced a letter from the School Board giving their approval of • the project. Families and children will be provided a nice theatre in their own City. Mr. Don Jervis, Jervis Realty, indicated the on -going need for Downey to be a safe and convenient community and said the theatres will provide for this atmosphere to continue. Mr. Steve Allen, 7539 Quill Dr., Chairman of the Planning Commission, e-14 spoke about this project when it was considered by the Commission who voted unanimously to approve the development. He expressed his support of the proposal , as it will attract new businesses and restaurants to the community, provide jobs for high school students, etc. Mr. Bill Hawkinson, 7837 Eighth St., mentioned revitalization in other cities and possible enhancements Downey would receive as a result of this proposed development. Mr. Brian Gasdia, 7830 Fourth St., discussed the recommendation of the Blue Ribbon Committee and how appropriate and beneficial a theatre would be at this location in light of this recommendation. He mentioned receiving three letters from Dr. Sullivan, trying to create opposition to the project. Mr. Harry Polgar, 10010 Pangborn Ave., noted the plight of downtown Downey and the need for a focal point. Ms. Arabelle Rizzo, 11917 Paramount Blvd., favored the proposed theatre complex her p ex so er chi ldren could attend the cinema in the City in which they live. She did suggest relocating the development to Stonewood Center and building a boys and girls' club on the site under consideration. Ms . Pat Gomez, 1 Murphy me h � � 3437 Hill Dr ., Whittier, supported the theatre i project as it will enhance small businesses in the area. Mr. John Sims 8232 Second St., mentioned ., the deterioration of the subject property he has ' e t e as seen over the years, and favored d h � P p y y av re the project. Ms. Marlene Kazen, 9537 Parrot Ave., stated she has been an associate of Mr. Krikorian's whom she greatly respects and would do an admirable job in buildin the e complex. Mr. Anthony Rossignol, 8205 Seventh St., noted this is a logical ro re ss i on for Downey a to acquire re a theatre complex a s a needed enhancement P ex 9 Y q mP and place for oun people to visit. Y 9 P eo P Mr. David Valdez, 12446 Rose Ave, representing a Downey-based teen P 9 Y organization, mentioned there is a great need for activities involving young people and the theatre would be an appropriate place to visit. He mentioned a possible teenage dance club in the future at the Skate -O -Rama location on Woodruff Avenue ' enue as another activity qty for young people to enjoy. Council Minutes 11/10/92 -3- Mr. Angelo Cardono, 9221 Rives Ave., cited similar successful developments in surrounding cities and recommended taking a positive approach to this project by approving the theatre complex. Mr. Joel Lubin, 7820 Allen rove St., suggested placing faith in Mr. & 9 99 9 Kr ikoria n's idea of a successful development. He noted his concern with possible litigation; however, he recommended listening to the opposition, Q following the law, and going forward. Mr. Rob Utermohlen, 13233 Faust Ave., recalled aspects of Downey in earlier years, and said this development would create a new, growing community for the residents to enjoy. Mr. Frank Sannebeck, 9710 Arrington Ave., expressed dismay that his family cannot attend a theatre in Downey and must leave the City to enjoy a movie and dinner. He recommended passage of this project so Downey will have a competitive theatre that will attract restaurants and other businesses. Mr. John Gonzalez, 12350 Orizaba Ave., voiced support of the development, noting the complex will beautify downtown Downey, and urged that the Council 's vote not be swayed by the threat of litigation. Ms. Sissy Baxter, 8324 Dinsdale St., President of Downey Council PTA, mentioned the City has an obligation to its young people, and favored approval of the proposed theatre complex for entertainment. Mr. Joseph Lumsdaine, 9926 Pangborn Ave., complimented staff and Council for their work efforts and supervision on this project. He noted the speakers tonight are quite diverse politically and yet are pulling together for the same development. Mr. Mike Flores, 12307 Rives Ave., thanked the Police and Fire Departments for the work they do each day. He mentioned his pleasure with the architecture of the proposed development and asked some questions he had regarding the theatre complex, specifically security concerns, what w i l l happen to the "Avenue Theatre" with the addition of the Krikorian theatres, etc. It was noted for the record that approximately 40 -45 people in the audience indicated they were in favor of the Krikorian Theatre Project. Mr. Greg Fuller, 22529 Cello Dr., Diamond Bar, Vice- President /General Manager of All American Home Center, praised the Krikorian Theatres in Diamond Bar as a first -class facility and mentioned Mr. Krikorian is a great corporate community neighbor. Mr. Phil Presicci, 10002 Newville Ave., noted that the PTA, Chamber of Commerce, Planning Commission, and City staff have all concurred that this project would be an asset to Downey. There being no one else to speak in favor, Mayor /Chairman Boggs asked if there was anyone present to speak in opposition. Ms. Marsha Moode, 7903 Second St., expressed reservations with an eleven screen theatre complex which she feels could possibly increase crime and traffic in the area. She questioned the need for a four -story parking structure during the day as the surrounding banks have their own parking lots. Council Minutes 11/10/92 -4- Mr. Guy Sterner, 10303 Downey Ave., presented documents to ' be placed in the public record regarding the Krikorian Theatre Project. J He shared the results of studies he has completed regarding traffic and parking, narrated a brief slide presentation of Krikorian and other theatre complexes CY in various communities. As a property P p perty owner and member o f the Parking Place Commission, he expressed concern that the Commission has not considered ' th �s matter. He also mentioned the Blue Ribbon Committee does not support the theatres; they emphasized ized mixed uses, PP Y P se s , open space and safety. ty . Mr. Fred Sterner, ro ert owner a t Firestone P Y 8203 Firestone Blvd., expressed concern with the impact of the parking facility and theatre P atrons on his business. Mr. Walter Griffin, 9026 Muller St., mentioned that bringing in ' g g a multi - screen theatre complex would create more problems than it is worth by exposing to negative Y P g downtown Downey g ve elements such as gang activity. Ms. Joan Smay, 13338 Castana Ave., asked uestions regarding q g ng the proposed development and the ability of Council Members Brazelton and McCaughan to vote on issues that may in g y vo l v e the downtown area. She cited ted the people's desire for more stores and restaurants according to the market rofiles study in 1991, and P y completed questioned what other venues were reviewed prior to choosing the current location. She suggested Stonewood Center be considered as a potential theatre location. Mr. Lee Squire, 8804 Samoline Ave., requested clarifying language on P a 9 e 11, Section B regarding tax increment in the Disposition and Development Agreement to indicate Mr. Krikorian's legal entitlement is 37.2. %. He further asked if part of the language in paragraph 9 on page 11 of "Responses to the Planning Commission Comments" could also be incorporated. He discussed tax increment money that could possibly be used for Downey High h School renovation. Mr. Carlos Raza, 9306 Orizaba Ave., expressed concern with the size of this project, specifically the 11 screens and 2500 seats. He indicated that increased crime and traffic, the small lot and parking structure size, the financial Krikorian, ' arrangement between the City and Mr. Krikorian, and the impact on existing sewers were other reasons for concern regarding further development. r Mr. Toby Mi le ski , 12016 Horton Ave., voiced concern regarding parking security related to daytime /nighttime hours. As a member of the Blue Ribbon Committee, he agreed that more open space in the downtown area was refer d 9 P re but he is concerned the pedestrian plaza would be more of a waiting area for theatre attendees. He questioned whether Mr. Krikorian had letters of financial commitment to proceed with building the development and discussed financial safeguards for the City and the need for everyone to abide by the Sign Code. Ms. Marie Zanvdvliet, 10833 -1/4 Brookshire Ave., discussed the outside negative element that would be attracted to the theatres, citing gang activities, burglaries, assaults, etc. She suggested a small theatre located at Stonewood Center would more likely serve the needs of Downey. Jan Ressia, 9306 Orizaba Ave., noted this neighborhood is populated by older residents and felt that such a large theatre complex would attract outsiders, increase traffic and pollution, and crime. Council Minutes 11/10/92 -5- Mr. Erny Briggs, 7837 Bairnsdale St., questioned whether there would be enough interested people to attend an 11- screen theatre complex and asked what would happen to the land if theatres were not built. Mr. Larry Squire, 9546 Metro St., explained he opposed this decision being made tonight since more information could be forthcoming on this project based on recommendations contained in a previous letter he had sent to p Counc i 1 . Mr. Edward Chan, 11022 Downey Ave., owner of the "Avenue Theatre ", indicated his support of a smaller theatre and requested financial aid in remodeling his own facility. s Ms. Mary Brady, 9252 Sideview Dr., expressed concern with the size and location of the proposed development, favoring a smaller theatre complex in Downey. Dr. Michael Sullivan, 11116 Rives Ave., representing Downey CAREs, expressed their opposition to the proposed theatre development and objected to selling the land for $1.00 and allowing private use of property that was developed for public parking through a parking assessment district paid for by the property owners in the downtown area. He noted that neither the Project Area Committee, Traffic Committee or Parking Place Commission were consulted regarding this project. Dr. Sullivan mentioned a specific plan was created for this particular project, which does not address the needs of the entire downtown area. He indicated Downey CAREs challenges the documents that comprise this project. Mr. Christopher Sutton, 25 Union St., Pasadena, attorney for Downey CAREs, submitted written comments and 33 exhibits for the public record in opposition to the proposed development. He concurred with Dr. Sullivan's comments and indicated the land could be used more appropriately; for example, construction of affordable housing. Mr. Lennie Whittington, 8542 Manatee St., referred to the Planning Commission Minutes of September 16, 1992, wherein the Commission held a public hearing on this matter, and he objected to the brevity of those Minutes since 49x they only listed the speakers for or against but did not reflect what each person said. He expressed his objection to the letters of supoort received from the Downey Chamber of Commerce and Downey School Board. Mr. Whittington distributed pictures of the Krikorian Theatres in Pasadena, which showed lack of property maintenance, and submitted a petition containing 34 signatures opposed to this project. He also challenged two letters of support received from the Downey Cou nc i 1 PTA and an anonymous citizen, since they were not signed by an individual. He read into the record a letter of opposition from Mr. Kenton Krog s tad . Mr. Paul DeTilla, 9600 Lemoran Ave., expressed traffic concerns, citing the need for investigation at the intersection of 4th Street and La Reina Avenue. He mentioned the need for an environmental impact report on such a large project and questioned the complex size in proportion to the surrounding area. The meeting recessed at 11:00 p.m. and reconvened at 11 :15 p.m. with all Council /Commissioners present. Council Minutes 11/10/92 -6- • Mayor /Chairman Boggs announced she will briefly continue this matter to consider the next hearing. She then recessed the Community Development Commission. " r 5 Council Members Brazelton and ' � �, McCaughan resumed their Council seats at W this time. Mayor Boggs opened the public hearing on APPEAL OF CONDITIONAL USE PERMIT NO. 92 -73 - A REQUEST TO LESSEN THE NONCONFORMITY ON THE SUBJECT PROPERTY AS IT RELATES TO OFF- STREET PARKING LOCATED AT 10717 -19 LAKEWOOD BOULEVARD, ZONED R-3 (MULTI - FAMILY RESIDENTIAL). With the concurrence of staff and the applicant, 99 Mayor Boggs continued y this hearing to 7 :30 p.m., December 8, 1992 in the Downey City Council Chanter. The Community Development Commission reconvened in Joint Session with the Downey City Council. (Council/Commissioners Riley, Lawrence and Boggs present; Council /Commissioners Brazelton and McCaughan abstained from considering this' matter due to a conflict of interest and vacated their seats accord ingly.) seats, Ma yor /Chairman Boggs continued with the Joint Public Hearing on CITY OF DOW NEY COURTHOUSE BLOCK SPECIFIC PLAN 92 -1: THE KRIKOR I AN THEATRE PROJEC . Mayor /Chairman Boggs asked if Mr. Krikorian wished to speak in rebuttal. Mr. Krikorian responded to concerns raised regarding the need for such a large theatre complex by explaining the economics related to a successful movie release and the costs involved. He mentioned being contacted by the City as to his interest in developing a theatre complex on the subject property. He also questioned the concern about a theatre at this location creating more crime and other negative aspects when it could occur anywhere, including Stonewood. Mr. Krikorian commented in response to the reference about his theatre development in Pasadena by saying he is only a tenant on that property, and the project is in limbo while Pasadena attempts to solve difficulties related to completing the project. It was moved by Council Member /Commissioner Lawrence, seconded b y Council Member /Commissioner Riley, and so ordered to close the public hearing. 9 Mr. Ra nge l re i to rat ted some of the remarks made by Mr. Krikorian and answered many questions that were asked by the audience. Council Member/Commissioner Lawrence expressed concern that a security guard will be provided after 7:00 p.m. and suggested this time be made earlier to accommodate Daylight Savings Time in the Fall and Winter months. She discussed traffic during matinees and questioned whether the financing would be in place in time for construction to begin. Mr. Krikorian stated he would provide a broader range of the security guard's hours to accommodate twilight time. Regarding the financial aspect, he noted that lenders will not make a committment until the project is approved by Council ; however, he does not foresee any problems in obtaining the necessary financing. Council Minutes 11/10/92 -7- • t • Council Member /Commissioner Lawrence expressed her support of the project after further discussing the Specific Plan, the Blue Ribbon Committee's recommendations, tax increment funds, and theatre size. She referenced a letter from Mr. Sutton and corrected his statements involving herself with others in conversation. Council Member /Commissioner Riley expressed support of the project, 4 4, although she is concerned with security, and she suggested there be a l i n k between the theatre security and the Downey Police Department. She mentioned contacting youth and senior citizens for their opinion on th,is matter and reported they were in favor of the development. Mayor /Chairman Boggs explained in detail how this project will not work i . out financially for the City's benefit. She emphasized the small lot size, i l $ f inadequate parking for the theatre patrons, and the cost of $3 mil lion the p City will be paying for this project. At her urging, the Disposition and), - . _ ---••- - - . ..; 11. ; - ., - - 11. t Responding to Mayor /Chairman Boggs' question, Mr. Thorson advised that A. Counci 1 Member /Commissioners Brazel ton and McCaughan wil 1 need to abstain from G i all issues in the downtown area that would economically affect their interest, or until they no longer have this conflict. Mayor /Chairman Boggs expressed her opposition to the project after further discussion; however, she indicated her vote will be in favor of the development because of the wish of the majority of people that have spoken tonight. RESOLUTION NO. 5624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR SPECIFIC PLAN 92 -1, THE K RIK OR I AN PR Bpi I ER E THEATRES D EVELO PM ENT AGREEMENT, AND THE KRI KOR IAN PR BI I ER E THEATRES DISPOSITION AND DEVELOPMENT ABREEM ENT The Resolution was read by title only. It was moved by Council Member Lawrence, seconded by Council Member Riley, and carried by the following vote to waive further reading and adopt. AYES: 3 COUNCIL MEMBERS: Riley, Lawrence, Boggs NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 2 COUNCIL MEMBERS: Braze l ton , McCaughan RESOLUTION NO. 5625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT BY MD BETWEEN THE COPINUNIlY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY AND KRIKOR IAN PREMIERE THEATRES, DC., A CALIFORNIA CORPORATION, DATED NOVEMBER 10, 1992' FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN THE DOWNEY REDEVELOPMENT PROJECT AREA GENERALLY BOUNDED BY LA REINA AVENUE, THIRD STREET, NEW STREET AND SECOND STREET Council Minutes 11/10/92 -8- • • The Resolution was read by title only. It was moved by Council y Counc � 1 Meer J Lawrence, seconded by Council Member Riley and carried by the following k) to a Y 9 vote to Ma ive further reading and adopt. AYES: 3 COUNCIL MEMBERS: Riley, Lawrence, Boggs NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 2 COUNCIL MEMBERS: Brazelton, McCaughan Prior to the foregoing vote, Section 2 of Exhibit 5 was amended to add language that would provide a security guard at dusk. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, ADOPTING THE COURTHOUSE BLOCK SPECIFIC PLAN (SP 92 -1) FOR THE PROPERTY BOUNDED BY LA REINA AVENUE, THIRD STREET, NEW STREET AND SECOND STREET, INCLUDING ALL OF SECOND STREET BETWEEN LA REINA AVENUE AND NEM STREET AND MENDIII THE OFFICIAL ZONING MAP OF THE CITY OF DOWNEY TO REFLECT ADOPTION OF SAID PLAN The Ordinance was read by title only. It was moved by Council Member Riley, seconded by Council Member Lawrence, and carried by the following vote to waive further reading and introduce. AYES: 3 COUNCIL MEMBERS: Riley, Lawrence, Boggs NOES: 0 COUNCIL MEMBERS. None ABSTAIN: 2 COUNCIL MEMBERS: Brazelton, McCaughan ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DOWNEY AND KRIKOR IAN PREMIERE THEATRES, INC. The Ordinance was read by title only. It was moved by Council Member Riley, seconded by Council Member Lawrence, and carried by the following vote to waive further reading and introduce. AYES: 3 COUNCIL MEMBERS: Riley, Lawrence, Boggs NOES: 0 COUNCIL MEMBERS: None f ABSTAIN: 2 COUNCIL MEMBERS: Brazelton, McCaughan Prior to the foregoing vote, Mr. Thorson advised that the termination date of November 15, 1993 in paragraph 13 of the Development Agreement should be changed to February 15, 1994 to reflect changes included in the Disposition and Development Agreement. RESOLUTION NO. 25 3 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR SPECIFIC PLAN 92 -1, THE KRIKOtIM PREMIERE THEATRES DEVELOPMENT AGREEMENT, AND THE KRI KOt I NI PR Erl I ER E THEATRES DISPOSITION AND DEVELOPMENT AGREEMENT Council Minutes 11/10/92 -9- •3 • The Resolution was read by title only. It was moved by Commissioner Lawrence, seconded by Commissioner Riley, and carried by the following vote to waive further reading and adopt. AYES: 3 COMMISSIONERS: Riley, Lawrence, Boggs NOES: 0 COMMISSIONERS: None 06* 6 ABSTAIN: 2 COMMISSIONERS: Brazelton, McCaughan RESOLUTION NO. 254 A RESOLUTION OF THE COMMUNITY DEVELO PN ENT 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 KRIKORIAN PREMIERE THEATRES, INC., A CALIFORNIA CORPORATION, DATED NDYEMBER 10, 1992' FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN THE DOWNEY REDEVELOPMENT PROJECT AREA GENERALLY BOUNDED BY LA REINA AVENUE, THIRD STREET, NEW STREET AND SECOND STREET The Resolution was read by title only. It was moved by Commissioner Riley, seconded by Commissioner Lawrence, and carried by the following vote to waive further reading and adopt. AYES: 3 COMMISSIONERS: Riley, Lawrence, Boggs NOES: 0 COMMISSIONERS: None ABSTAIN: 2 COMMISSIONERS: Brazelton, McCaughan Prior to the foregoing vote, Section 2 of Exhibit 5 was amended to add language that would provide for a security guard at dusk. Mayor /Chairman Boggs recessed the Community Development Conmission and Council Members Brazelton and McCaughan resumed their Council seats at this time. ORAL COMMUNICATIONS John Gonzalez, 12350 Orizaba St., requested copies of any contracts with Ralph Andersen and Associates when they conducted rec ru itme nts for Police Chief in 1987 and 1989. Mr. Joel Lubin, 7820 Allengrove St., spoke regarding the Charter requirement that the City Manager reside in the City and offered his services in modifying the Charter if needed. 9 pL*SEE ATTACHED ADDENDUM #2 FOR HEARING ON BUILDING REGULATIONS. CONSENT CALENDAR (REQUEST ITEMS FOR REMOVAL) Council Member McCaughan requested removal from the Consent Calendar of Agenda Item VI-E-1, DISPATCHING AGREEMENT WITH SOUTHEAST AREA AN INAL CONTROL AUTHORITY (SEAACA) AND DOWNEY POLICE D EPAR 1M ENT, and Agenda Item VI-E-3, AGREEMENT WITH DOWNEY CHAMBER OF COMMERCE FOR FISCAL YEAR 1992 -93. CONSENT CALENDAR It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended. COUNCIL MINUTES: AD JOU RN ED AND REGULAR MEETINGS, OCTOBER 27, 1992: Approve. Council Minutes 11/10/92 -10- 9)6 WARRANTS ISSUED: 160714 - 61068, $779,011.35: Approve. SECTION 125 FLEXIBLE COMPENSATION PLAN to allow employees to pay for certain expenses with pre-tax earnings, including medical and ' n dental bills, health insurance premiums, and dependent care: Approve. RENEWAL OF LICENSE AGREEMENT WITH RUSSELL D. MILLER FOR INDEPENDENCE PARK TENNIS CENTER MANA68MENT SERVICES for three years from January 1, 1993 to December 31, 1995: Approve. ACCEPTANCE OF GRANT FROM MARCH OF DIMES BIRTH DEFECTS FOUNDA I T ON- CMPAIGN FOR HEALTHIER BABIES: kcept and authorize the Downey City Library ra r to expend Y Y Y P the funds received: Approve. SOUTHEAST LOS ANGELES COUNTY AIR QUALITY CONSORTIUM: APPROVE LONG B . BEACH AND COMPTON AS NEW MEMBER CITIES: Authorize the City Manager's a roval in writing: Approve. Y PP RESOLUTION NO. 5626 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADO PTI NG A ONE -TIME PAYMENT TO SPECIFIED BM PLOY EES TO CORRECT AN FLSA INEQUITY RESOLUTION NO. 5627 (ADOP'r) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE APPLICATION FOR THE 1993 FUEL- EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRM GRANT ORDINNICES NOT SET FORTH ABOVE ORDINMCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 7358 TO THE DOWNEY MUNICIPAL CODE REGULATING PLAN TI NG / IRRIGATION TO PROMOTE WATER CONSERVATION Mr. Redmayne summarized the staff report, noting the Ordinance i Po � g n ace s in response to State Legislation that addresses water conservation in landscaped a reas. The Ordinance was read by title only. It was moved by Council Member Lawrence, seconded by Council Member Brazelton, and unanimously carried to waive further reading and introduce. RESOLUTIONS NOT SET FORTH ABOVE: None. ADMINISTRATIVE REPORTS: None. OTHER BUSINESS: ITB1S REMOVED FROM CONSENT CALENDAR DISPATCHING AGREEMENT WITH SOUTHEAST AREA ANIMAL CONTROL AUTHORITY ( SEAACA) AND DOWNEY POLICE DEPARTMENT Council Member McCaughan questioned the number of reports from SEAACA and feedback from the Police Department on this matter and was informed by the Police Chief that there has not been a problem in this area. Council Minutes 11/10/92 -11- • It was moved by Council Member McCaughan, seconded by Council Member Lawrence, and unanimously carried to approve the agreement and authorize the City Manager to sign. • AGREEMENT WITH D H A� TH OW NEY CHMBER BER 0 F COMMERCE FOR FISCAL YEAR 1992 -93 Council Member McCaughan asked specifically vihat services the Chamber provides with the funds received. Mr. David Ryal, Chamber of Commerce Manager, indicated specific amounts are not assigned to certain services; rather, the services are provided by the total funding from the Council. It was moved by Council Member Braze lton, seconded by Council Member Lawrence, and unanimously carried to approve the agreement with the Chamber of Commerce. RESOLUTIONS NOT SET FORTH ABOVE: None. ADMINISTRATIVE REPORTS: None. OTHER BUSINESS: CITY COUNCIL MEMBERS As the City's representative to the League of California Cities, Council Member Lawrence gave an update regarding the New Voting Structure for the Metropolitan Transportation Authority (MTA) Boa rid , which was created through legislation by merging the Los Angeles County Transportation Commission with the Southern California Rapid Transit District into the MTA. After a recent meeting, it was a consensus of the Board to vote by sector, which would better represent the smaller cities. Council Member McCaughan asked about the status of rebuilding the apartments on La Reina Avenue that were damaged in a recent bombing incident. He was informed by Mr. Makshanoff that the insurance company involved is accepting bids for rebuilding the complex. C o u n c i l Member McCaughan referred to the 1989 Code En fo roc eme nt Study and asked that it be brought back for Council discussion and direction, noting critical budget decisions will need to be considered. Council Member Lawrence inquired regarding status of the Golf Course Master Plan. Mr. Jarrett anticipated bringing this to the Council early in December. Mayor Boggs suggested scheduling a joint meeting with the Charter Review Committee, and she asked that this be placed on an agenda early next year. Mayor Boggs mentioned she will be attending a hearing on Expansion of the Puente Hiiis Landfill as Downey's representative to the Los Angeles County Sanitation Districts. Council Member Brazelton announced November 10th is the birthday of the United States 'trine Corps. Council Minutes 11/10/92 -12- OTHER BUSINESS - STAFF MEMBERS ¶3 6i 9 Mr. Caton publicly commended Mr. Jarrett, Community Services Director, for his efforts in obtaining funds for the City of Downey under the Safe Parks Act Grant. ADJOURNMENT: 12:45 a.m., November 11, 1992. The meeting was adjourned to 6:30 p.m., November 24, 1992, in the Council Chamber of the Downey City Hall. � WA( - O dith E. McDonnell City Clerk Diane . Boggs, Mayo Council Minutes 11/10/92 -13- r- ADDENDUM TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 10, 1992 The City Council Minutes of November 10, 1992 are being corrected as follows: On Page 1 of 1, Table of Minute Actions, the date in the heading should read November 10, 1992. On page 6, the seventh paragraph will be changed to read: "Mr. Lennie Whittington, 8542 Manatee St., referred to the Planning Commission Minutes of September 16, 1992, wherein the Commission held a public hearing on this matter, and he objected to the brevity of those Minutes since they only listed the speakers for or against but did not reflect what each person said. He expressed his objection to letters of support received from the Downey Chamber of Commerce and Downey School Board. Mr. Whittington distributed pictures of the vacant lot of a proposed Krikorian Theatre project in Pasadena which showed lack of maintenance on the property, submitted an excerpt from "Box office " magazine taken from a previous redevelopment staff report and submitted. a petition containing 34 signatures opposed to this project. He also challenged two letters of support received from the Downey Council PTA and an anonymous citizen, since they were not signed by an individual. He submitted to the City Clerk and read into the record a letter of opposition from Mr. Kenton Krogstad." On page 8,. third paragraph, the last sentence will be deleted. tr : Judith E. McDonnell Ci ty Clerk-Treasurer Correction approved by City Council - 11/24/92 Addendum to Council Minutes - Reg. Mtg. 11/10/92 T` ADDENDUM NO. 2 TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 10, 1992 The City Council Minutes of November 10, 1992 are being corrected as follows: On Page 10, after Oral Communications, the following should be added: HEARINGS (Cont.) Mayor Boggs opened the public hearing on AMENDMENT TO DOWNEY MUNICIPAL CODE REGARDING BUILDING REGULATIONS. Ms. McDonnell affirmed the proof of publication, which was so ordered to receive and file. Mr. Rangel summarized the staff report, recommending approval of the proposed amendments to Article VIII of the Downey Municipal Code. No correspondence was received regarding this matter. 9 g There being no one present wishing to speak in favor or opposition to the proposed amendments, it was moved by Council Member Lawrence, seconded by Council Member Brazelton, and so ordered to close the public hearing. ORDINANCE NO. 951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8200 AND 8205 AND ADDING SECTIONS 8229, 8230, AND 8231 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE ADOPTION AND AMENDMENT OF NEW BUILDING REGULATIONS r""1 The Ordinance was read by title only. It was moved by Council Member Brazelton, seconded by Council Member Lawrence, and unanimously carried to waive further reading and adopt. J ae1 axzee, dit . McDonne ity Clerk- Treasurer Addendum #2 to Council Minutes - Reg. Mtg. 11/10/92