1
00:14:16,800 --> 00:14:23,199
Good afternoon. I would like to call to
order the special city council meeting.

2
00:14:20,399 --> 00:14:26,880
The time is now 4:36.
City clerk Dwarte, will you please call

3
00:14:24,800 --> 00:14:32,519
the role? Yes, mayor. Council member
Romea, present. Council member Ortiz,

4
00:14:29,760 --> 00:14:40,079
present. Council member Thrujillo is
excused. Mayor Proton Peton, present.

5
00:14:35,839 --> 00:14:46,480
And Mayor Sosa, present. Thank you. And
uh I take we we have no um speakers

6
00:14:43,680 --> 00:14:51,480
public comment. We do not mayor and no
written public comment either. Thank

7
00:14:48,480 --> 00:14:51,480
you.

8
00:14:55,600 --> 00:15:01,160
Is there a motion and a second to close
public comment? So move. Second. Sorted

9
00:14:59,920 --> 00:15:05,440
by the
mayor. We'll move on to uh this is a

10
00:15:03,920 --> 00:15:11,040
special meeting. Uh we'll move on to
administrative reports. One item on the

11
00:15:09,120 --> 00:15:15,279
agenda,
uh, consideration of an interim urgency

12
00:15:13,120 --> 00:15:21,199
ordinance establishing a 45day
moratorium on singlepric overstock

13
00:15:18,240 --> 00:15:26,040
discount stores within city limits. that
the city council adopt interim urgency

14
00:15:23,440 --> 00:15:29,880
ordinance number
25-1528 pursuant to government code

15
00:15:28,240 --> 00:15:36,160
section
65858 establishing a 45-day moratorum on

16
00:15:33,440 --> 00:15:41,880
the approval commencement establishment
relocation or expansion of singlepric

17
00:15:39,040 --> 00:15:46,240
overstock discount stores within city
limits. City manager Bradley is your

18
00:15:44,240 --> 00:15:49,440
staff report. Yes, mayor. If it pleases
the council, I'll turn it over to our

19
00:15:47,920 --> 00:15:55,360
community development director, Irma
Wetron. Thank you, city manager Bradley,

20
00:15:53,600 --> 00:15:59,360
mayor and council members. Um we have
one item tonight which is a

21
00:15:56,720 --> 00:16:03,279
consideration of an interim ordinance uh
regarding a discount stores and

22
00:16:01,440 --> 00:16:08,160
tonight's presentation will be provided
by our contract planner Laurel Rhyr and

23
00:16:06,079 --> 00:16:12,399
we have a brief PowerPoint presentation
that we'll walk you through that aligns

24
00:16:10,560 --> 00:16:19,959
with the content of the staff report
provided to you. Thank you.

25
00:16:15,759 --> 00:16:19,959
Thank you. Good evening.

26
00:16:28,480 --> 00:16:34,720
Uh, good evening council members. Uh,
like Irma said, my name is Laurel Rhymer

27
00:16:32,639 --> 00:16:40,079
and I will be presenting um the urgency
ordinance before

28
00:16:37,160 --> 00:16:45,839
you. So, for some background, um,
pursuant to government code section

29
00:16:43,079 --> 00:16:50,880
65858, a city may enact an urgency
ordinance for the protection of public

30
00:16:47,759 --> 00:16:54,639
health, safety, and welfare by pro
prohibiting any uses that the city is

31
00:16:52,800 --> 00:17:00,639
intending to study within a reasonable
period of time. Urgency ordinances

32
00:16:57,839 --> 00:17:05,679
require a 445ths vote from the city
council, and if approved, they go into

33
00:17:03,040 --> 00:17:12,079
effect immediately and will be in effect
for 45 days. An urgency ordinance can be

34
00:17:09,280 --> 00:17:16,559
extended for an additional 10 months and
15 days, which would then be a a total

35
00:17:13,919 --> 00:17:21,520
of one year of an urgency ordinance. Uh
so long as there is a public notice, a

36
00:17:18,959 --> 00:17:24,720
written uh a public notice, a public
hearing, and a written report that

37
00:17:23,120 --> 00:17:28,559
describes the measures taken to
alleviate the condition conditions that

38
00:17:26,559 --> 00:17:33,200
led to the adoption of the urgency
ordinance.

39
00:17:30,400 --> 00:17:38,480
The Downey Municipal Code has a
definition for retail sales new and

40
00:17:35,760 --> 00:17:41,960
retail sales youth used, but it does not
provide any details within uh those two

41
00:17:41,039 --> 00:17:47,760
broad
categories. Under the current code,

42
00:17:44,720 --> 00:17:53,039
singlepric overstock slash slashdisount
stores that are selling new merchandise

43
00:17:50,480 --> 00:18:00,000
would be included under the retail sales
new category and would be be considered

44
00:17:55,760 --> 00:18:05,360
a permitted use in the C1, C2, C3, CM,
and MU zones.

45
00:18:02,200 --> 00:18:10,640
However, singlepric overstock discount
stores often negatively impact an area's

46
00:18:08,320 --> 00:18:15,200
economic vibrancy because these stores
typically do not uh offer any

47
00:18:13,280 --> 00:18:19,720
improvements or minimal improvements to
the spaces that they occupy. They

48
00:18:17,600 --> 00:18:26,799
frequently attract other bargain retail
users and they discourage higher quality

49
00:18:22,640 --> 00:18:26,799
retail and commercial uses from locating

50
00:18:28,039 --> 00:18:35,280
nearby. For the purposes of the
ordinance before you tonight, a

51
00:18:32,160 --> 00:18:39,760
singlepric overstock/disount store is
defined as a retail store that sells

52
00:18:37,360 --> 00:18:46,000
individual items generally obtained
through outlet, closeout, discounted,

53
00:18:42,840 --> 00:18:51,280
liquidation, or overstock. Uh they are
primarily at a discounted price when the

54
00:18:48,960 --> 00:18:55,440
low or very low price range, so $10 or
less.

55
00:18:52,640 --> 00:19:02,440
A singlepric overstock/disount store
generally dedicates less than 15% of its

56
00:18:58,080 --> 00:19:06,880
shelf space to fresh or frozen foods or
produce. They often uh sell an assort

57
00:19:05,360 --> 00:19:13,240
and they often sell an assortment of
physical goods, products or merchandise

58
00:19:09,360 --> 00:19:13,240
directly to the consumer.

59
00:19:16,840 --> 00:19:24,160
Singlepric/overstock discount stores may
have a profound impact on the public

60
00:19:21,440 --> 00:19:28,559
health, safety, general welfare, and
quality of life of the surrounding

61
00:19:25,720 --> 00:19:33,280
communities. As previously stated, they
often negatively impact an area's

62
00:19:30,400 --> 00:19:38,799
economic vibrancy because the uses offer
minimum or no improvements to the spaces

63
00:19:36,000 --> 00:19:43,280
in which they occupy. They often
encourage other bargain retailers from

64
00:19:40,960 --> 00:19:49,919
locating nearby and they discourage
higher quality retail uses from locating

65
00:19:46,600 --> 00:19:56,240
nearby. Uh spods typically have lower
quality items that end up costing more

66
00:19:52,559 --> 00:20:02,000
on a per ounce uh basis. They offer
limited access to fresh foods. Uh they

67
00:19:59,760 --> 00:20:07,200
also contribute to local resident fear
of safety by being a source of trash,

68
00:20:04,400 --> 00:20:10,280
loitering, graffiti, uh and theft
because they frequently don't have very

69
00:20:08,880 --> 00:20:16,480
good security
plans. The Downey Municipal Code does

70
00:20:12,960 --> 00:20:21,039
not currently define uh SPODS as a
permitted as a use at all. So uh it's

71
00:20:19,360 --> 00:20:25,280
not permitted by right or conditional
use. And there are currently no specific

72
00:20:23,280 --> 00:20:30,880
regulations to address some of the
concerns uh that staff have related to

73
00:20:28,240 --> 00:20:36,080
the public health uh safety or welfare
threats posed by

74
00:20:33,400 --> 00:20:41,039
SPODS. There's a concern about the
proliferation of SPODS that or that

75
00:20:38,960 --> 00:20:45,240
there will be a proliferation of SPODS
without further regulations um and that

76
00:20:43,520 --> 00:20:51,840
this could have a negative impact on the
city. Should SPODS continue to be

77
00:20:48,440 --> 00:20:55,840
unregulated, such uses or such uh
developments could constitute a current

78
00:20:54,400 --> 00:21:00,559
and immediate threat to the public
health, safety, and welfare. And that

79
00:20:58,960 --> 00:21:04,400
such developments could start an
irrevocable downward shift in the

80
00:21:02,400 --> 00:21:07,120
economic and aesthetic value of the
city's commercial

81
00:21:08,360 --> 00:21:17,760
areas. Currently, there are 26 stores or
discount stores within the city. And of

82
00:21:15,039 --> 00:21:23,600
those, eight of them would qualify under
the definition that we we said tonight

83
00:21:20,320 --> 00:21:28,960
of SPODS and they're listed here. The
other uh 16 stores that aren't listed,

84
00:21:26,640 --> 00:21:34,559
that doesn't make sense. 18 stores that
are listed um would be stores like Ross,

85
00:21:32,240 --> 00:21:39,200
Burlington Coat Factory, etc. But those
do not fit the definition of a

86
00:21:36,960 --> 00:21:45,120
singlepric overstock/discount retail
store. So, we are only talking about the

87
00:21:41,280 --> 00:21:48,919
very low um and low cost stores such as
the ones you see here.

88
00:21:50,960 --> 00:21:58,840
staff believes that the continued
approval or of entitlements, building

89
00:21:56,159 --> 00:22:04,320
permits, and other approvals for new
SPODS or the expansion of existing SPODS

90
00:22:02,240 --> 00:22:08,320
without further study and further
regulations could pose a current and

91
00:22:06,480 --> 00:22:14,799
immediate threat to public health,
safety, and general welfare. Further

92
00:22:11,200 --> 00:22:18,400
regulations are needed to protect the
neighborhoods from negative secondary

93
00:22:16,559 --> 00:22:22,720
effects caused by the concentration or
clustering of these

94
00:22:19,960 --> 00:22:28,480
uses. For these reasons, staff is
requesting a 45day moratorum on the

95
00:22:25,760 --> 00:22:34,400
approval, commencement, establishment,
modification, relocation, or expansion

96
00:22:30,720 --> 00:22:40,320
of singlepric overstock/disount stores.
This will allow staff time to research

97
00:22:36,400 --> 00:22:44,480
appropriate regulations. Um, this will
This moratorium would explicitly

98
00:22:42,000 --> 00:22:49,520
prohibit the issuance of any zoning,
land use, discretionary permit, building

99
00:22:46,960 --> 00:22:54,840
permit, environmental approval, business
license, or any other entitlement uh

100
00:22:51,760 --> 00:22:59,679
involving businesses that are defined as
spods. During this moratorum, staff

101
00:22:57,600 --> 00:23:04,240
intends to study the issues associated
with SPODS to determine how they should

102
00:23:02,400 --> 00:23:07,919
be defined, how they should be
regulated, and how they should be

103
00:23:06,080 --> 00:23:12,880
permitted, and also which locations
would be most appropriate for them to be

104
00:23:09,679 --> 00:23:17,120
located in. Additionally, staff will
review the development standards for

105
00:23:14,720 --> 00:23:21,640
other surrounding communities to see if
any of those make sense for Downey.

106
00:23:22,159 --> 00:23:28,240
staff has reviewed the proposed urgency
ordinance for compliance with the

107
00:23:26,000 --> 00:23:33,480
California Environmental Quality Act and
determined that the ordinance is covered

108
00:23:29,840 --> 00:23:38,559
by SQA guideline section
15061B3 which is the common sense

109
00:23:35,720 --> 00:23:42,480
exemption and that specifically exempts
activities that can be seen with

110
00:23:40,320 --> 00:23:47,360
certainty to have no possibility for
causing a significant effect on the

111
00:23:44,919 --> 00:23:51,600
environment. In this case, this
ordinance would preclude the approval,

112
00:23:49,360 --> 00:23:57,039
commencement, establishment, relocation,
or expansion of certain land uses within

113
00:23:53,919 --> 00:24:02,559
the city, but it would not be um an a
development project.

114
00:24:00,320 --> 00:24:08,520
Therefore, staff recommends that the
city council adopt urgency interim

115
00:24:05,520 --> 00:24:12,360
urgency ordinance number
25-1528 pursuant to government code

116
00:24:10,960 --> 00:24:17,600
section
65858 establishing a 45-day moratorum on

117
00:24:15,919 --> 00:24:22,960
the approval, commencement,
establishment, relocation, or expansion

118
00:24:20,240 --> 00:24:27,679
of singlepric overstock/disount stores
within city limits. Um, that concludes

119
00:24:25,760 --> 00:24:31,120
my presentation. I'm available for any
questions.

120
00:24:29,440 --> 00:24:34,880
Thank you, Laura, for that detailed
report. Uh, do any at this time do any

121
00:24:33,600 --> 00:24:40,720
council members have any questions or
comments? No questions, mayor. Just uh

122
00:24:37,840 --> 00:24:47,840
comment. And again, I think this is
important for our community, for our

123
00:24:42,159 --> 00:24:53,440
city. Um it is vital that we protect um
the the the aesthetics and of course um

124
00:24:50,960 --> 00:24:59,640
looking at uh making sure that we
protect um

125
00:24:56,120 --> 00:25:05,760
from developments that are not in line
with what this city and in the vision

126
00:25:02,559 --> 00:25:13,360
that we have. Um so I thank you for the
report. Um appreciate it.

127
00:25:09,919 --> 00:25:18,320
My comment um on this is that I can
concur with a lot of you what you said

128
00:25:16,080 --> 00:25:21,600
and residents that also have reported a
lot of the loitering most of the

129
00:25:19,760 --> 00:25:25,679
loitering is around these discount
stores. Um there may be a grocery store

130
00:25:24,080 --> 00:25:30,159
next door but they're not there. They're
at these discount stores for one reason

131
00:25:28,080 --> 00:25:33,760
or another. And I think namely like you
have mentioned they don't provide the

132
00:25:31,760 --> 00:25:38,159
security. they don't have somebody out
there monitoring it or telling them that

133
00:25:36,000 --> 00:25:42,480
they can't stay and then it is a blight
to the neighborhood. It really is and um

134
00:25:40,799 --> 00:25:47,120
we have a number of them already. I
think some of the uh city feedback with

135
00:25:44,720 --> 00:25:50,480
residents is you know we we are getting
so many like this. I think a

136
00:25:48,320 --> 00:25:54,320
freestanding area might be different
than in an area that's attracting a

137
00:25:52,480 --> 00:25:58,320
different type of consumer. Correct. All
right. Thank you for that. I I just do

138
00:25:56,880 --> 00:26:03,440
have one question. you said the
difference between the other 20 stores

139
00:26:01,520 --> 00:26:08,480
uh and with those eight what's the main
difference between those two again?

140
00:26:05,279 --> 00:26:14,159
Sure. So one of the specific we go to
the actual definition and and during the

141
00:26:12,080 --> 00:26:19,679
moratorum should it be adopted we will
come up with a solid definition but for

142
00:26:16,799 --> 00:26:26,240
the purpose of the the urgency ordinance
um the definition would be that they are

143
00:26:23,919 --> 00:26:31,039
obtained through the the outlet close
out discounted liquidation or overstock.

144
00:26:28,400 --> 00:26:37,039
So stores like Ross or Burlington Coat
Factory, um Nordstrom Rack, a lot of

145
00:26:34,000 --> 00:26:44,480
those fit that definition. So we went
even further. Um and it's that very low

146
00:26:41,039 --> 00:26:51,120
or low discount price. So the $10 or
less, a lot of the stores like a Ross or

147
00:26:47,200 --> 00:26:57,679
or you know TJ Maxx wouldn't qualify in
that uh sense. Um similarly, they don't

148
00:26:54,960 --> 00:27:02,080
offer foods food goods. so that they
they would meet that 15% or less of the

149
00:27:00,080 --> 00:27:06,960
shelf space. So, it's more of the
variety stores um that are very

150
00:27:04,799 --> 00:27:11,279
discounted. That's that's what we're
looking at. Okay, great. Thank you.

151
00:27:08,799 --> 00:27:17,360
There are also some um thrift stores
that were on the list of the 26, but

152
00:27:14,240 --> 00:27:21,600
again, those because it's that very low
discount price, they don't qualify. The

153
00:27:19,520 --> 00:27:26,400
thrift stores don't uh fall into that
one. Correct. Correct. No, and I echo

154
00:27:24,320 --> 00:27:30,640
the same sentiments as my colleagues. I
I think we have a a goal and a vision

155
00:27:29,360 --> 00:27:36,960
and I think that we want in our
community and I think this is a a a good

156
00:27:34,799 --> 00:27:45,360
direction of what we want. So, thank
you. All right. I make a motion, mayor.

157
00:27:41,679 --> 00:27:51,840
I make a motion to um begin this uh
moratorum um the the urgency

158
00:27:49,240 --> 00:27:56,960
ordinance and establish a 45day
moratorum uh on the approval

159
00:27:54,640 --> 00:28:02,159
commencement and establishment of these
uh single price overstock discount in

160
00:28:00,399 --> 00:28:05,720
our city. Okay, we got a motion in a
second. Please vote.

161
00:28:10,559 --> 00:28:18,000
The motion is approved with council
member Thrujillo

162
00:28:14,279 --> 00:28:24,840
absent. Thank you, Laura.
Okay. Uh, this city council meeting is

163
00:28:20,640 --> 00:28:24,840
now adjourned. The time is now 4:50.