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HomeMy WebLinkAboutMinutes - 09-13-05 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 13, 2005 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., September 13, 2005, in the Council Chamberof the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Anne M. Bayer presiding PRESENT:Council Members/Commissioners: Anne M. Bayer Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Mayor/Chairman Mayor Pro Tem/Vice-Chairman ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles S. Vose, City Attorney/Economic Development Director Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works James Makshanoff, Deputy City Manager Kathleen L. Midstokke, City Clerk/Secretary NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION MINUTES It was moved by Mayor Pro Tem/Vice-Chairman Perkins, seconded by Council Member/Commissioner Trejo and unanimously carried to approve the Closed Session Minutes of August 9, 2005. RECESS TO CLOSED SESSION Mayor/Chairman Bayer announced the Council/Commission is recessing to Closed Session (6:32 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. 2 3. Government Code Section 54956.8(b) – Conference with real property negotiator Charles Vose re: 9301 Imperial Highway; negotiating party: Kaiser Perrnanente: under negotiations: price and terms of payment. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Police Officers' Assn.; Police Management Assn.; Public Safety Auxiliary and City Employees Association – Maintenance Unit. Government Code Section 54956.8(b) – Conference with real property negotiator Desi Alvarez re: 9368 Stewart and Gray Road and 11841 Woodruff Avenue; negotiating party: Holm Industrial Corp. and Victor DiPietro: under negotiations: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj.) 09/1 3/05 -1 - RECONVENED The meeting reconvened in Open Session at 7:35 p.m. Qth all Council Members/ Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:35 p.m. The meeting reconvened at 10:55 p.m. Wth all Council Members/Commissioners present. ADJOURNMENT: 10:55 p.m. q@4@M)W gaZaeh [ KATHLEEN L. M;DSTOKKE, City Clerk/Secretary r/Cm City Council/Community Dev. Comm. Minutes (adj.) 09/13/05 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 13, 2005 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentations Renewal of Oil Franchise Agrrnt., BP West Coast Products Ord. ZC #05-59 10723-10751 Lakewood Blvd. Cont. to 1 1/08 Introduced Staff to Modify 1 2 3Ord. ZC#05-61 13238-13260 Cabell Avenue and 9815-9849 Foster Road Non-Agenda Public Comment Consent Calendar – Items for Removal 4 4 4 4 Council Minutes: Reg. & Adj. Mtg. 08/23/05 Warrants: # 206681-207313 Wire Nos. 264-265. 30001071- 30001086:$4,398,508.32 CC #S.S.541 : Firestone Blvd. Improvements CC #S.S.568: Paramount Blvd. Improvements DUSD Agreement; School Safety Police Delphi Prod. Agrmt.; Columbia Mbmorial Exhibit Fabrication Appropriate $250,000 for Park on NASA site Property Acquisitions for Corporate Pub. Works Facility Reso. #05-6873 Board, Comm. & Comm. Appt., Dist 2 Reso. #05-6874 Board Appointment, Dist. 3 Ord. DMC Section 3186, Speed Limits, Wiley Burke Ord. #05-1 175 DMC Section 9154, Nonconforming Uses Kaiser Medical Center, Subdivision Imp. Amendment Reso. #05-6875 CaIMet Services Agrmt.; Solid Waste Srvcs. Downtown Solutions Agrrnt., Appropriate CDBG Funds Police Recruitment Incentives Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Introduced Adopted Approved Adopted Approved Approved 4 5 5 5 5 5 5 5 5 5 5 6 6 8 COUNCIL MINUTES, SEPTEMBER 13, 2005 TABLE OF MINUTE ACTIONS (CONTINUED) Downey Landing Ground Lease Amendment Approved Council Member Announcements/Requests for Future Agenda Items Adjournment 8 9 9 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 13, 2005 The City Council of the City of Downey held a Regular Meeting at 7:38 p.m., September 13, 2005, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Anne M. Bayer presiding. PRESENT: Council Members: Anne M. Bayer Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Charles S. Vose, City Attorney/Economic Development Director Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Linda Haines, Director of Development Services Bonnie Kehoe, Director of Community Services James Makshanoff, Deputy City Manager John Michicoff. Director of Finance Mark Sauter, Fire Chief Mark Sellheim, Principal Planner Ed Velasco, Housing Manager Ron Yoshiki, City Planner Susan Domen, Secretary to the City Clerk PRESENTATIONS: Gilberto Venegas gave a presentation from Downey Sister Cities Association on the status of Sister City relationships with Ensenada, Mexico and Guadalajara, Mexico and presented a Downey-Ensenada affiliation 1 st Anniversary written report. Mayor Bayer presented a Proclamation declaring September 20, 2005, as National Missing in Action/Prisoner of War Day. PUBLIC HEARING: 1.RENEWAL OF OIL FRANCHISE AGREEMENT WITH BP WEST COAST PRODUCTS, LLC: Public Works. A. INTRODUCE ORDINANCE NO. 05- . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING AN OIL PIPELINE FRANCHISE TO BP WEST COAST PRODUCTS, LLC. City Council Minutes 09/1 3/05 -1- Mayor Bayer opened the Public Hearing at 7:45 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Cartozian and so ordered to receive and file. City Clerk Midstokke noted there was correspondence received from Mr. Jackson of BP West Coast Products, LLC dated September 13, 2005. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and so ordered to receive and file. City Attorney Vose suggested that the item be continued to the November 8, 2005, meeting due to the request by BP West Coast Products, LLC for more time to review the proposed franchise agreement. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and so ordered to continue the Public Hearing to November 8, 2005. 2.ZONE CHANGE NO. 05-59, A CHANGE OF ZONE FROM R-3 TO C-P ON PROPERTIES LOCATED AT 10723-10751 LAKEWOOD BOULEVARD: Development Services. A.INTRODUCED ORDINANCE NO. 05- . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING OF PROPERTIES LOCATED AT 1 0723, 10729, 10735, 10741 AND 10751 LAKEWOOD BOULEVARD FROM R-3 TO C-P AND ADOPTED A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. Mayor Bayer opened the Public Hearing at 7:47 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and so ordered to receive and file. City Planner Yoshiki noted this is a clean-up item brought about by the adoption of the Downey Vision 2025 General Plan last April. The properties in question will maintain their right to remain a single family home until such time as they choose to convert to office use, while rezoning the entire area to Professional Office use. This would allow the continuation of the trend in the area of renovating current facilities into office use. Behzad Abadi, applicant, stated he would like the zone change so that he may open his dental office. Vicki Van Leuven, resident of Downey, noted her concerns for parking in an already crowded area Behzad Abadi, applicant, responded that the City has parking requirements that he will have to follow. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Cartozian and so ordered to close the Public Hearing at 7:54 p.m. Council Member Cartozian stated that the item is to bring the area in alignment with the General Plan and is a zoning issue only at this time and the parking and traffic would be addressed when the project began development. It was moved by Council Member Gafin, seconded by Council Member Cartozian and unanimously carried to introduce the Ordinance approving Zone Change 05-59. City Council Minutes 09/1 3/05 -2- 3.ZONE CHANGE NO. 05-61. A CHANGE OF ZONE FROM R-1 - 5.000 TO R-2 FOR PROPERTIES AT 13238-13260 CABELL AVENUE AND 9815-9849 FOSTER ROAD: Development Services. A.INTRODUCE ORDINANCE NO. 05- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING OF PROPERTIES LOCATED AT 13238-13242, 13248, 13254, AND 13260 CABELL AVENUE AND 9815, 9817-9833, 9835-9837, 9839-9845 AND 9847-9849 FOSTER ROAD FROM R-1 – 5000 TO R-2. Mayor Bayer opened the Public Hearing at 7:55 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Trejo, seconded by Mayor Pro Tem Perkins and so ordered to receive and file. City Planner Yoshiki stated that this item is a clean-up action in context to the Downey Vision 2025 General Plan reflecting this area to be a Low Medium Density Residential area. Currently the applicants property at 13238-13242 Cabell Avenue, is zoned R-1 5000, Single Family Residential and is non-conforming as it has two homes located on it. The owners may not make improvements because of the non-conforming use. Staff expanded the area of study to include properties directly surrounding the applicants to bring the entire area in line with the General Plan. Mayor Pro Tem Perkins noted his displeasure with this item and the problems that were caused by allowing the four units to go in at 13248, 13254, 13260 Cabell Avenue and 9815 Foster Road as it blocked the applicants property from having any street frontage. He asked what the advantage was in rezoning this entire area and was informed to make it consistent with the General Plan Council Member Trejo inquired as to the Planning Commissions vote and if any citizens had noted any concerns. City Planner Yoshiki replied that it was a 4/1 vote with one Commissioner being absent and one citizen has raised concerns of density issues as noted in the report. Council Member Gafin clarified that the rezoning would allow for a twenty-five percent (25%) increase in the density of the area. Council Member Cartozian questioned what alternatives Mayor Pro Tem Perkins had in mind for the area to which he reiterated his concerns with the planning of the other developments on the adjacent lots which have created an undesirable situation for the applicants’ property. He stated the options are to vote it in since the General Plan was approved or to leave it as is. Bernardo Rodriguez, owner/applicant, stated that his hands are tied to making basic improvements and he needs the R-2 zoning to improve his property. Arturo Aranga, resident of Downey, stated that there is no access for the Fire Department to get through and hopes that the City does environmental studies on any projects before permits are issued and notifies the public of any potential problems. It was moved by Council Member Trejo, seconded by Mayor Pro Tem Perkins and so ordered to close the Public Hearing at 8:20 p.m. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and unanimously carried to request staff to bring back a revised Ordinance identifying lots 13238- 13242 Cabell Avenue only for rezoning to R-2. City Council Minutes 09/13/05 -3- Prior to the vote Council Member Trejo asked if there is a real fire hazard on these properties and Chief Sauter responded that the area was checked when the four houses were developed and there is a 20 foot wide driveway which is the minimum requirement for a fire truck. It was moved by Council Member Gafin, seconded by Mayor Bayer and so ordered to change the order of the agenda to address Item No. 20 at this time. Item No. 20 was heard at this time but is listed in order for clarity. NON.AGENDA PUBLIC COMMENT: Lennie Whittington, resident of Downey, reported that AB1234, Local agencies: compensation and ethics is now awaiting the Governor’s signature; and expressed that the District Attorney does not accept frivolous cases. Fred James, resident of Downey, mentioned that he has visited City Hall many times recently and that there are not enough handicap parking spaces available. Vicki Van Leuven, resident of Downey, suggested that the Rives mansion would make a good museum/cultural center and encourages preservation of the history of the City. Emery Sipos, resident of Downey, expressed concern regarding the parking downtown, noted the Parking Commission has not met in a long time and submitted a letter to the Council. Harold Tseklenis, resident of Downey, encouraged that the schedule of meetings regarding the mansionization issue be published. CONSENT CALENDAR – ITEMS FOR REMOVAL: 8.APPROVE POLICE RECRUITMENT INCENTIVES TO ATTRACT QUALITY LATERAL OFFICERS AND BRING DEPARTMENT UP TO ITS AUTHORIZED STAFFING LEVEL: Police. This item was removed at the request of Council Member Cartozian and is listed under Other Business below. 12.APPROVE RIGHT OF FIRST REFUSAL FOR GROUND LEASE PORTION OF THE DOWNEY LANDING PROJECT: Economic Development/City Attorney. This item was removed at the request of Council Member Cartozian and is listed under Other Business below CONSENT CALENDAR: It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 4.APPROVED COUNCIL MINUTES: Regular Meeting August 23, 2005: City Clerk. 5. 6. APPROVED WARRANTS ISSUED: Nos. 206681-207313; Wire Nos. 264-265; 30001071- 30001086; in the total amount of $4,398,508.32: Finance. CASH CONTRACT NO. S.S. 541 : ACCEPTED THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY FOR THE WORK COMPLETED ON FIRESTONE BOULEVARD TRAFFIC SAFETY IMPROVEMENTS: Public Works. City Council Minutes 09/1 3/05 -4- 7.CASH CONTRACT NO. S.S. 568: PARAMOUNT BOULEVARD TRAFFIC SAFETY IMPROVEMENTS: APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS: Public Works. 9.APPROVED AGREEMENT WITH DOWNEY UNIFIED SCHOOL DISTRICT REGARDING THE SCHOOL SAFETY POLICE PROGRAM: Police. 10.APPROVED AGREEMENT WITH DELPHI PRODUCTIONS IN THE AMOUNT OF $6363000 FOR FABRICATION OF EXHIBITS FOR THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Community Services. 11.ACCEPTED AND APPROPRIATED $250,000 FROM THE SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY FOR THE NEW PARK AT THE FORMER NASA SITE: Community Services. 13.PROPERTY ACQUISITIONS FOR A CORPORATE PUBLIC WORKS FACILITY: Public Works A. B. C. APPROVED AGREEMENT WITH GREAT EARTH, LLC TO PURCHASE THE REAL PROPERTY LOCATED AT 1 1911 WOODRUFF AVENUE, FOR $1,650,000; APPROVED A LEASE AGREEMENT FOR THE SUBJECT PROPERTY TO GREAT EARTH, LLC FOR A MONTHLY RENTAL FEE OF $5,600; APPROPRIATED $1,655,000 1N PROP A FUNDS FOR THE ACQUISITION. 14.ADOPTED RESOLUTION NO. 05-6873, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING BOARD, COMMISSION AND COMMiTrEE APPOINTMENTS FOR CITY COUNCIL DISTRICT TWO: Administration 15.ADOPTED RESOLUTION NO. 05-6874, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A BOARD APPOINTMENT FOR CITY COUNCIL DISTRICT THREE: Administration. 16.INTRODUCED ORDINANCE NO. 05- . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS FOR WILEY BURKE AVENUE: Public Works. 17.ADOPTED ORDINANCE NO. 05-1175, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9154 OF THE DOWNEY MUNICIPAL CODE RELATING TO NONCONFORMING USES, LOTS AND STRUCTURES: Public Works. ADMINISTRATIVE REPORTS : 18.APPROVED AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT – NASA INDUSTRIAL PLANT SITE, KAISER MEDICAL CENTER PROPERTY LOCATED AT 9300-9314 IMPERIAL HIGHWAY: Economic Development. A staff report was given by City Attorney/Economic Development Director Vose explaining that this amendment affects five areas: the scheduled date for construction/completion of Steve Horn Way scheduled for September 30, 2006, construction of underground retention basin, acquisition of Spartan Lacquer and realignment of Steve Horn Way, undergrounding of utilities on Bellflower Boulevard, and delineation of certain public improvements along Imperial Highway and Bellflower Boulevard as it relates to this project. pn City Council Minutes 09/13/05 -5- It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to approve the amendment. 19.AWARDED CALMET SERVICES, INC. A CONTRACT TO PROVIDE SOLID WASTE HANDLING SERVICES FOR A SEVEN (7) YEAR PERIOD: Public Works. A. ADOPTED RESOLUTION NO. 05-6875, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF THE SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF DOWNEY AND CALMET. A staff report was given by Public Works Director Alvarez noting that the current agreement will expire on December 31, 2005, and five proposals had been received from vendors. Some of the key provisions of the new agreement are: the establishment of a Buy-Back Center and Household Hazardous Waste / Electronic Waste Center (BB/HHWC) in the City; bulky waste pick up; at no charge to the City, collection of solid waste from all City trash receptacles and, where liners are used, the contractor will change receptacle liners daily; Community Promotion Account of $2,000 a month for educational and promotional purposes; all materials collected in the City shall be taken to the Downey Area Recycling and Transfer facility (DART), for transfer to a disposal site or for recovery/processing for purposes of recycling, the City will also continue to collect the same franchise fee of 5% of Gross Revenues and will maintain the billing fee for residential accounts; Commercial accounts will be provided with locking bins, multi-unit dwellings will have the option to use bins with locking lids at an additional fee; performance penalties will be assessed for service failure; contractor is required to file and maintain a $500,000 performance bond throughout the entirety of the agreement. He continued that penalties for non-service had been placed in the contract as well, to ensure superior performance. He concluded that the choice of CaIMet is being recommended. Council Members commented on their pleasure regarding the contract and the choice of CaIMet noting that they are good corporate citizens. Lennie Whittington, resident of Downey, noted that CaIMet does a lot of good work and they have courteous drivers. Harold Tseklenis, resident of Downey, stated he is pleased with the choice and asked if there would be a performance review during the seven year contract, if they are using clean vehicles and how the City benefits by the rate reductions. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and unanimously carried to adopt the Resolution. OTHER BUSINESS: 20.STATUS UPDATE FROM INTERIM AD HOC CITY COUNCIL SUBCOMMiTrEE RE: BUILDING OF CERTAIN TWO STORY SINGLE FAMILY HOMES IN THE R-1 ZONES OF THE CITY; RESIDENTIAL MUNICIPAL CODE AMENDMENT TO SECTION 9110 AND 9112: Development Services. A.APPROVED AGREEMENT WITH DOWNTOWN SOLUTIONS FOR CONSULTANT SERVICES TO PROVIDE AN AMENDMENT TO THE MUNICIPAL CODE REGARDING LARGE TWO-STORY SINGLE FAMILY DWELLINGS: AUTHORIZED EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $38,660. B. City Council Minutes 09/13/05 -6- A report was given by Development Services Director Haines stating that staff is recommending hiring a consultant to review and revise the Code sections related to large two-story single family dwellings. The consultant would be holding two workshops and a Public Hearing with the Planning Commission where citizens would be encouraged to discuss the issues that concerned them about these types of structures. She then introduced a representative from the consulting firm. Mark Brodeur, Downtown Solutions representative, noted that many cities are groping with the same issue which started twelve to thirteen years ago. He outlined the process they would go through to help develop the Code for this issue and shared his prior experience. Council Member Gafin noted that the subcommittee decided the need for an outside specialist to develop and work on this item as staff is currently overworked, they want an independent source with no preconceived notions to listen to both sides and stated they are expecting to have a draft Ordinance by the end of the year. Council Member Cartozian explained that the subcommittee feels a consultant is needed including making certain that the process is fairly overseen. City Attorney Vose clarified that when dealing with planning issues there is a legal process that the City must go through and the Public Hearing will be held at the Planning Commission level before returning to the City Council for a Public Hearing. He asked for the audience to focus on the issue at hand tonight which is whether or not to hire the consultant. Council Member Trejo noted that he is concerned with the sixteen items listed and the complexity of the issues and he requested Mr. Brodeur to explain the process to him. Mr. Brodeur explained that he would familiarize himself with the current Codes and the issues, look at surrounding communities, engage the community through workshops, identify key points, present ideas at a second workshop, draft an Ordinance and meet with the Planning Commission and the City Council, hold a Public Hearing at the Planning Commission meeting and present the proposed Ordinance to the City Council after the holidays in December. Mayor Pro Tem Perkins reviewed a timeline since the issue was first brought up at Council. He stated that $38,000 is a lot to invest when he feels there are only five or six real concerns and that staff could handle this issue. The following persons spoke in favor of the agreement: Elsa Van Leuven Harold Tsklenis Vicki Van Leuven Mark Neihouse (sp?) George Redfox Bruce Crow The following persons spoke against the agreement: Maria Larkin Armando Zavilla Lourdes Cotaya (sp?) Melanie Gonzalez Richer Laporte Abel Hernandez Sergio Esteves Carl Chavez Joe Lopez Janae Lolly Art Abarca Jim Roberts Richard Pridham Mario Gurrero, resident of Downey, noted that he felt there were some insurance requirements missing from the contract. Council Member Cartozian encouraged everyone to show up to the workshops and Public Hearings to share their concerns and opinions, noting that they would be heavily advertised. City Council Minutes 09/1 3/05 -7- It was moved by Council Member Cartozian, seconded by Council Member Gafin and carried by the following vote to approve the agreement with Downtown Solutions and appropriate $38,660 from Community Development Block Grant (CDBG) funds. AYES: NOES: Cartozian, Gafin, Trejo, Mayor Bayer Perkins The meeting recessed at 9:53 p.m. The meeting reconvened at 10:03 p.m. CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 8.APPROVED POLICE RECRUITMENT INCENTIVES TO ATTRACT QUALITY LATERAL OFFICERS AND BRING DEPARTMENT UP TO ITS AUTHORIZED STAFFING LEVEL: Police Council Member Cartozian noted what a great need there was for these types of incentives to help recruit qualified personnel for a Department that is short officers. It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to approve. 12.APPROVED RIGHT OF FIRST REFUSAL FOR GROUND LEASE PORTION OF THE DOWNEY LANDING PROJECT: Economic Development/City Attorney. Council Member Cartozian requested that staff give a report on this item. City Attorney/Economic Development Director Vose stated that this is a leftover item from the original contract and had not been completed at that time as we were waiting to hear back from the Federal government for clarification that this did not violate our Agreement with them. The approval has come through and now the matter needs to be completed. Council Member Cartozian asked what benefit this is to the City and was told that there was none, it just reserved the right for the developer to purchase first. Council Member Cartozian stated that he doesn’t agree and that it should be opened up to the highest bidder. Douglas Gray, Downey Landing, stated that it just gives them the option to meet the City’s asking price without having a bidding war. Lennie Whittington, resident of Downey, noted that he feels that Downey Landing is doing a great job developing the property. It was moved by Councii Member Cartozian, seconded by Mayor Pro Tem Perkins and failed by the following vote to not approve the amendment. AYES: NOES: Gafin, Trejo, Mayor Bayer Cartozian, Perkins City Council Minutes 09/1 3/05 -8- It was moved by Council Member Trejo, seconded by Council Member Gafin and carried by the following vote to approve the amendment. AYES: NOES: Gafin, Trejo, Mayor Bayer Cartozian, Perkins OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Gafin noted that a new Certified Emergency Response Team (CERT) class started last Saturday with 30-35 participants and encouraged others to consider the class; announced that the “Fill the Boot” event at Stonewood on Saturday for the hurricane victims was a big success; thanked his fellow Council Members for supporting the consultant on the mansionization issue; and referenced a letter/petition from resident on Cornuta Avenue re: a church under construction on Woodruff Avenue which has trash and rats and requested staff to follow up. Council Member Cartozian announced that Development Services Director Haines will be speaking tomorrow at noon at the Chamber of Commerce City Affairs meeting; thanked the Fire Department for their response to the hurricane Katrina disaster; and announced that on Sunday at Phil Davis’ home (Lubec Street east of Haledon Avenue and west of Downey Sanford Bridge Road) there will be a fundraiser for the hurricane victims. Council Member Trejo reported that his church, Downey Presbyterian had recently built a home for a family in Ensenada, Mexico; thanked the Council for their support of his appointee, Theresa Ford to the Library Advisory Board; noted that the City is working hard to preserve historical sites such as Downey Landing/Boeing and Rancho Los Arnigos; and hopes that the process on the mansionization issue will be peaceful and respectful to all parties involved. Mayor Pro Tem Perkins announced that he had attended the 1 ;t varsity football game at the new Warren High School stadium; and requested that the letter submitted by Emery Sipos be referred to the Parking Commission. Mayor Bayer requested that staff look into the landscaping at Cherokee Drive and Brookshire Avenue and why it has not been completed; announced that Keep Downey Beautiful has partnered with Heal the Bay and will be doing a clean up this Saturday at 10:00 a.m. at Lakewood Boulevard and Vista Del Rosa Street; and reported that she was successful with MTA in maintaining the bus route along Bellflower Boulevard. ADJOURNMENT: 10:55 p.m. The meeting adjourned in memory of Nick D’Amore, retired Public Works construction inspector; and the victims of hurricane Katrina, to 6:30 p.m., September 27, 2005, in the Council Chamber of Downey City Hall. b\~-[aiKATHLEEN L. MIDSTOKKE, City Clerk City Council Minutes 09/1 3/05 -9-