HomeMy WebLinkAboutMinutes - 10-12-04 - Regular Meeting1;1 4953
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
OCTOBER 12, 2004
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:37 p.m., October 12, 2004, in the Council Chamber of the Downey
City Hall, Mayor/Chairman Kirk Cartozian presiding.
PRESENT:Council Members/Commissioners:
Kirk O. Cartozian
Keith McCarthy
Anne M. Bayer
Meredith H. Perkins
Rick Tmjo
Mayor/Chairman
Mayor Pro Tempore/Vice-Chairman
ALSO PRESENT:Gerald M. Caton, City Manager
Charles Vose, City Attorney
Kathleen L. Midstokke, City Clerk/Secretary
Darrell George, Director of Community & Economic Development
James Makshanoff, Assistant to the City Manager
Steven Yee, Principal Planner
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Council Member/Commissioner Trejo, seconded by Council
Member/Commissioner Bayer and unanimously carried to approve the Closed Session Minutes of
September 28, 2004.
RECESS TO CLOSED SESSION
Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed
Session (6:38 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1. SECTION 54956.8 – Conference with real property negotiator Darrell George re: property
at 9066 Firestone Boulevard; negotiating party: Foundations, LLC; under negotiation:
price and terms of payment.
2. SECTION 54957 – Public Employee Performance Evaluation – City Manager.
3. SECTION 54957 – Public Employee Performance Evaluation – City Attorney.
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RECONVENED
The meeting reconvened in open session at 7:51 p.m. with all Council Members/-
Commissioners present. There were no Closed Session actions to report
The meeting recessed at 7:51 p.m.
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 8:30 p.m. with all Council
Members/Commissioners present (see Oral Communications under Regular City Council Meeting)
and recessed at 8:45 p.m.
The meeting reconvened at 9:32 p.m. with all Council Members/Commissioners present.
Mayor/Chairman Cartozian announced the Council/Commission is recessing back to Closed
Session (9:32 p.m.) to continue discussing items previously listed.
The meeting reconvened in open session at 10:34 p.m. with all Council Members/-
Commissioners present. There were no Closed Session actions to report.
ADJOURNMENT: 10:35 p.m.
'%a///A.
KATHLEEN L. MFJSTOKKE, City Clerk/Secretary or/Chairman
City Council/Community Dev. Comm. Minutes (adj.) 10/12/04 -2-
MINUTES OF THE
CITY COUNCIL OF TIIE CITY OF DOWNEY
REGULAR MEETING
OCTOBER 12, 2004
TABLE OF MINUTE ACTIONS
SUBJECT
Council Member Announcements
ACTION PAGE NO.
Presentations 2
2
3
3
3
3
3
3
4
Correspondence re: YMCA Christmas Tree Lot
Consent Calendar Items Removed
Council Minutes: Adj . & Reg. Meetings 09/28/04
CC # S.S. 541 – Firestone Blvd. Traffic Safety Improvements.
Reso. #6804 Prog. Supp. #M019 State Mstr. Agmt. #07-5334
Firestone Blvd. Traffic Safety Improvements
CC #542 – Downey Ave. Sidewalk System
CC #S.S. 548 – Paramount Blvd. & Gallatin Rd. Pavement Rehab.
Reso. #6805 Prog. Supp. #M020 State Mstr. Agmt. #07-5334
Paramount Blvd. & Gallatin Rd. Rehabilitation
Approved
Approved
Approved
Adopted
Approved
Approved
Adopted
CC #632A-Phase IB – Lakewood Blvd. Imp. Proj.: Shawnan
Warrants: # 198746 – 199057; Wire Nos. 236, 30000887-894
$2,647,289.82
Agmt. w/Castaneda for CDBG 5 year Consol. Plan &
Fair Housing Analysis
Florence Ave. Traffic Signal Imprvmts. Mobile Resource Air Pollution Approved
Reduction Review Grant App.
Emergency Repair of Firestone Blvd. & Lakewood Blvd. intersection
Reso. #6808 Salary Increases to Specified Employees
Reso. #6809 New Salary Ranges for Planning Dept. positions
Reso. #6810 Amend City’s Conflict of Interest Code
Approved
Approved
4
4
4
4
4
4
4
4
Approved
Approved
Adopted
Adopted
Adopted
COUNCIL MINUTES. OCTOBER 12. 2004
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT
Council Mtg. Rules of Conduct memo from City Attorney
Oral Communications
Discussion of Statewide Initiatives for November 2nd Ballot
ACTION
Draft 3 Changes
PAGE NO.
5
6
Supported IA &
69, Opposed 65
Approved
6
Contract w/Art Rangel for Comm. Dev. Srvcs. Interim Dept. Head
Reso. #6806 – Final Sub. Map of Tract Map #54192, 7930 & 7936
Stewart & Gray Rd.
Reso. #6807 – Support BFI’s CUP for Sunshine Canyon Landfill
Council Member Requests for Future Agenda Items
Adjournment to 6:30 p.m., October 26, 2004
7
Approved 7
Approved 8
8
9
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MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
OCTOBER 12, 2004
The City Council of the City of Downey held a Regular Meeting at 7:55 p.m., October 12,
2004, in the Council Chamber of the Downey City Hall, Mayor Kirk Cartozian presiding.
PRESENT:Council Members:
Kirk O. Cartozian
Keith McCarthy
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
Mayor
Mayor Pro Tempore
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney
Kathleen L. Midstokke, City Clerk
James Makshanoff, Assistant to the City Manager
Desi Alvarez, Director of Public Works
John Finch, Chief of Police
Darrell George, Director of Community & Economic Development
Bonnie Kehoe, Director of Community Services
John Michicoff, Director of Finance
Mark Sauter, Fire Chief
Angie Avery, Recreation & Social Services Manager
Chris Birch, Personnel Director
Linda Haines, Building Official
Mark McDaniel, Corporal
Sonya Meachum, Recreation Supervisor
Kim Rapp, Executive Secretary
Ed Velasco, Housing Manager
Steven Yee, Principal Planner
Ron Yoshiki, Asst. Director of Community Dev./City Planner
Susan Domen, Executive Secretary
COUNCIL MEMBER ANNOUNCEMENTS:
Council Member Bayer announced that she attended the second landscape workshop
presented by the Public Works Department.
Mayor Pro Tempore McCarthy announced that he attended the 1-710 Freeway Policy
Committee meeting as Downey’s representative and noted that Downey resident Harold Tseklenis is
on the Citizen’s Committee of this organization; he also attended the Downey Theatre performance of
the Will Rogers Follies and encouraged everyone to attend, especially history students.
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Council Member Perkins noted that he attended the Bellflower Prayer Breakfast and the City
Employees recognition luncheon; announced the Downey Rotary/YMCA Pancake Breakfast will be
held Saturday at 7:00 a.m. at Downey High School; attended the groundbreaking today of the retail
portion of the former NASA site, which is scheduled to open in December of 2005; and he
recognized former Mayor Diane Boggs in the audience.
Mayor Cartozian recognized in the audience: his father Fred Cartozian, brother Craig
Cartozian, Uncle Dick Cartozian; Planning Commissioners Roger Brossmer and David Gafin; and
Downey School Board Member Tod Comin.
PRESENTATIONS :
Mayor Cartozian presented a proclamation declaring October 14, 2004 as “Lights on
Afterschool Day“ to Sonya Meachum, Recreation Supervisor and Aspire students: Airemcy Gonzales,
Lisa Guererro, David Hamilton and Yuri Martinez.
Mayor Cartozian presented a proclamation declaring the week of October 17-24 as “National
Health Education Week“ to Fire Chief Sauter.
Mayor Cartozian presented a proclamation declaring October 23, 2004 as “Make a Difference
Day (day of volunteering) to Senior Pastor Daniel Prieto, Associate Pastor Steve Galvan and
members of the youth group of the Foursquare Church, Companerismo Cristiano.
CORRESPONDENCE :
1.LETTER FROM DOWNEY FAMILY YMCA REQUESTING USE OF CITY
PROPERTY AT 9066 FIRESTONE BOULEVARD FOR A CHRISTMAS TREE LOT.
City Manager Caton presented a staff report noting that due to the delay of escrow on this
property, staff was recommending approval for the use of this property by the Downey Family
YMCA for a Christmas tree lot, with the same terms of the contract used last year.
It was moved by Council Member Perkins, seconded by Mayor Cartozian and unanimously
carried to approve with the same terms as last year.
Prior to the vote, Tod Comin, representative from the Downey Family YMCA, stated that the
YMCA is agreeable to last years contract and has the permission from the prospective buyer to use
the property if escrow should go through. He thanked the Council for their consideration.
Prior to the vote, Council Member Trejo inquired what the price of the lease is and the amount
of revenue the YMCA makes off the lot and was informed that the lease amount is $1,100 and a
profit of approximately $8,000 was made last year. He then asked what the funds are used for and
was told that they are used for scholarships for kids to use the YMCA facilities, attend camps and to
purchase special equipment.
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CONSENT CALENDAR – ITEMS FOR REMOVAL
12.CONTRACT WITH ART RANGEL FOR COMMUNITY DEVELOPMENT
SERVICES INTERIM DEPARTMENT HEAD. This item was removed at the request of
Council Member Perkins and is listed under Other Business below.
13.A RESOLUTION APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP
NO. 54192 (7930 AND 7936 STEWART & GRAY ROAD). This item was removed at the
request of Council Member Bayer and is listed under Other Business below.
14.A RESOLUTION SUPPORTING BFI'S REQUEST TO OBTAIN A CONDITIONAL
USE PERMIT AT THE SUNSHINE CANYON LANDFILL. This item was removed at
the request of Council Member Bayer and is listed under Other Business below.
CONSENT CALENDAR
It was moved by Council Member Trejo, seconded by Council Member Perkins and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar items as recommended:
2.COUNCIL MINUTES: ADJOURNED REGULAR MEETING, SEPTEMBER 28, 2004 :
Approve.
3.
4.
COUNCIL MINUTES: REGULAR MEETING, SEPTEMBER 28, 2004: Approve.
CASH CONTRACT NO. S.S. 541 – FIRESTONE BOULEVARD TRAFFIC SAFETY
IMPROVEMENTS: APPROVE PLANS, SPECIFICATIONS AND GRANT
AUTHORITY TO ADVERTISE FOR BIDS: Approve; and
RESOLUTION NO. 6804 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING PROGRAM SUPPLEMENT NO. M019 TO CITY OF DOWNEY/STATE
MASTER AGREEMENT NO. 07-5334, FOR THE FIRESTONE BOULEVARD
TRAFFIC SAFETY IMPROVEMENTS.
5.CASH CONTRACT NO. S.S. 542 – DOWNEY AVENUE SIDEWALK SYSTEM
PROJECT: APPROVE PLANS, SPECIFICATIONS AND GRANT AUTHORITY TO
ADVERTISE FOR BIDS: Approve.
6.CASH CONTRACT NO. S.S. 548 – PARAMOUNT BOULEVARD AND GALLATIN
ROAD PAVEMENT REHABILITATION: APPROVE PLANS, SPECIFICATIONS
AND GRANT AUTHORITY TO ADVERTISE FOR BIDS: Approve; and
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RESOLUTION NO. 6805 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING PROGRAM SUPPLEMENT NO. M020 TO CITY OF DOWNEY/STATE
MASTER AGREEMENT NO. 07-5334. FOR FEDERAL SURFACE
TRANSPORTATION PROGRAM FUNDING OF ROAD REHABILITATION ON
PARAMOUNT BOULEVARD AND GALLATIN ROAD, CASH CONTRACT NO.
S.S. 548
7.CASH CONTRACT NO. 632A-PHASE IB – LAKEWOOD BOULEVARD
IMPROVEMENT PROJECT: AWARD CONTRACT TO SHAWNAN IN THE
AMOUNT $3,337,790.25: Approve.
8.WARRANTS ISSUED: 198746 – 199057; WIRE NUMBERS 236. 30000887-894:
$2,647,289.82: Approve.
9.AGREEMENT WITH CASTANEDA & ASSOCIATES FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FIVE-YEAR CONSOLIDATED PLAN AND FAIR
HOUSING ANALYSIS OF IMPEDIMENTS REPORT FOR $22,450: Approve.
10.AUTHORIZE GRANT APPLICATION UNDER MOBILE RESOURCE AIR
POLLUTION REDUCTION REVIEW COMMITTEE’S LOCAL GOVERNMENT
MATCH PROGRAM FOR FLORENCE AVENUE TRAFFIC SIGNAL
IMPROVEMENTS: Approve.
11.AUTHORIZE PAYMENT FOR EMERGENCY REPAIR OF FIRESTONE
BOULEVARD AND LAKEWOOD BOULEVARD INTERSECTION FOR $46,000:
Approve
15.RESOLUTION NO. 6808 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING SALARY INCREASES TO SPECIFIED EMPLOYEES.
16.RESOLUTION NO. 6809 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING NEW SALARY RANGES FOR ASSISTANT PLANNER,
ASSOCIATE PLANNER, SENIOR PLANNER AND PRINCIPAL PLANNER.
17.RESOLUTION NO. 6810 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITYS CONFLICT OF INTEREST CODE WHICH
INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES
COMMISSION’S STANDARD MODEL CONFLICT OF INSTEREST CODE.
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ADMINISTRATIVE REPORTS :
18.COUNCIL MEETING RULES OF CONDUCT: (Memorandum from City Attorney.)
City Attorney Vose presented a staff report noting that the current Rules of Conduct were
adopted by Ordinance No. 906 in 1990 and that he is recommending that three areas be updated. They
are as follows:
1)The first sentence of paragraph (E) of Section 2105 (page two) should be changed to read
“It is requested that all persons wishing to speak to the Council state their name, address,
and the subject matter upon which they wish to speak for the record.” While requesting
the address of speakers is reasonable (since staff may need to contact the speaker to
respond to their concern), this cannot be a requirement for a person to address the Council.
The last sentence of the opening paragraph of Section 2106 (page three) should be revised
to reflect that any request or order by the Mayor to remove someone violating the section
should go through the City Manager in order not to conflict with Section 608 of the
Downey Charter. This provision of the Charter establishes that “neither the Council nor
any member thereof shall publicly or privately give orders to any subordinate of the City
Manager.)9
Paragraph (F) of Section 2106 be revised to allow any person removed to only be excluded
from the item under consideration by the Council and be allowed to attend the remainder
of the meeting unless further violations occur. There have been cases which considered
this issue and the courts have required the readmission of an individual after consideration
of the item and prohibited exclusion from the entire meeting.
2)
3)
He concluded by stating that the conduct of the meetings is within the jurisdiction of the
Council and they can add or delete provisions as long as they comply with State law, including the
Brown Act.
Mayor Pro Tempore McCarthy noted that some cities require speaker cards to be filled out
prior to speaking and that the voting is done by a voice vote instead of electronically. He stated that
he liked the methods used here and agreed with the changes suggested by the City Attorney.
Mayor Cartozian inquired if these changes and rules of conduct would pertain to Commission
meetings and was informed that they are for the Council meetings and the Boards and Commissions
can adopt similar rules that would apply to their meetings.
Lennie Whittington, resident of Downey, stated that per the Brown Act no one can be required
to register to speak at a public meeting.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and
unanimously carried to have an Ordinance brought back to Council amending the Rules of
Conduct with the three changes suggested by the City Attorney.
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ORAT, COMMUNICATIONS
Fred James, resident of Downey, complained about the 99# Store at Stewart & Gray Road and
Paramount Boulevard having blocked isles, exits and stacks of excess merchandise. Mayor Cartozian
directed the Fire Chief to inspect the alley also.
Richard Pridham, resident of Downey, mentioned: signs at Firestone Boulevard and
Brookshire Avenue saying sidewalk is closed when it is not; bags around storm drain not removed
upon construction completion; and traffic control issues on Lakewood Boulevard from Firestone
Boulevard to Imperial Highway.
Lennie Whittington, resident of Downey, spoke regarding freedom of speech and the right to
speak at Council meetings without being interrupted.
ADMINISTRATIVE REPORTS: (Cont.)
19.DISCUSSION OF STATEWIDE INITIATIVES FOR NOVEMBER 2ND BALLOT.
It was noted by City Clerk Midstokke that a supplemental memorandum from Mayor Pro
Tempore McCarthy was distributed to the Council prior to the meeting.
Mayor Pro Tempore McCarthy mentioned that there are many initiatives on the ballot this
year and he has selected eight of them that he would like the Council to take a position of support or
opposition on, as they relate to local government.
It was moved by Mayor Pro Tempore McCarthy and seconded by Mayor Cartozian to approve
the recommended positions on the November 2-d Ballot Measures. This motion was later amended.
Lennie Whittington, resident of Downey, inquired if the Council was presenting this to
influence the community’s voting, or as informational.
Mayor Pro Tempore McCarthy stated that City takes many positions on proposed measures
that have some effect on the City and do so publicly to advise the community and the groups for or
against the measures of the City’s position.
It was moved by Mayor Pro Tempore McCarthy and seconded by Mayor Cartozian to amend
the motion to remove Proposition Nos. 68 and 72 from consideration and approve the remaining
items as suggested to support or oppose. The motion was later withdrawn.
Council Member Trejo inquired as to the fiscal cost of doing this and where these go and was
informed that there is no fiscal impact and the groups who are either in support of or opposed to the
measures would be notified of the City’s position.
Diane Boggs, resident of Downey, noted that the Council does not appear ready to take a
position on these items and suggested that they pick the ones that directly impact the City and take a
position on those.
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Mayor Pro Tempore McCarthy withdrew his motion.
It was moved by Mayor Pro Tempore McCarthy, seconded by Mayor Cartozian and carried by
the following vote to support Proposition IA, oppose Proposition 65 and support Proposition 69.
AYES :
NOES :
McCarthy, Perkins, Trejo, Mayor Cartozian
Bayer
OTHER BUSINESS – Consent Calendar – Items removed by Council Approval:
12.CONTRACT WITH ART RANGEL FOR COMMUNITY DEVELOPMENT
SERVICES INTERIM DEPARTMENT HEAD.
Council Member Perkins noted that he is satisfied with the selection ofArtRangel to fill in
the interim and inquired as to why the pay is greater than what the Director currently is receiving.
City Manager Caton responded that Mr. Rangel will most likely not be here for the six months stated
in the Contract. Council Member Perkins then asked that Section 4 and Section 25 be reworded to
omit City Manager and state only City Council.
It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and
unanimously carried to approve the contract with Economic & Development Specialist, Art
Rangel, for the Community Development Services Interim Department Head with the suggested
amendments to Sections 4 and 25.
13.A RESOLUTION APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP
NO. 54192 (7930 AND 7936 STEWART & GRAY ROAD).
Council Member Bayer mentioned that she had several citizens complain to her about the
density in Downey, particularly this area which is becoming inundated with apartments and
condominiums with lack of adequate parking. She requested the advice of the City Attorney as to
what options the Council has on these issues. City Attorney Vose explained that this item is
ministerial at this point and would require approval by the Council. The time to question these types
of issues would have been at the approval of the tentative map.
Council Member Perkins suggested that things could be done in the future such as putting a
moratorium on building R-03 projects, require increased parking in future units and perhaps have
staff look into it.
City Clerk Midsotkke read the title of the Resolution. It was moved by Mayor Pro Tempore
McCarthy, seconded by Council Member Trejo and carried by the following vote to adopt.
AYES :
NOES :
McCarthy, Perkins, Trejo, Mayor Cartozian
Bayer
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Trejo and
failed by the following vote to waive further reading.
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AYES :
NOES :
McCarthy, Perkins, Trejo, Mayor Cartozian
Bayer
The waiver of further reading not receiving a unanimous vote as required, City Clerk
Midstokke read the entire text of the Resolution.
RESOLUTION NO. 6806 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 54192 (7930
AND 7936 STEWART & GRAY ROAD), BY APPROVING AN AGREEMENT WITH
THE SUBDIVIDER AND ACCEPTING A SUBDIVISION IMPROVEMENT CASH
DEPOSIT AS SURETY.
14.A RESOLUTION SUPPORTING BFI’S REQUEST TO OBTAIN A CONDITIONAL
USE PERMIT AT THE SUNSHINE CANYON LANDFILL.
Council Member Bayer requested a staff report be given by Assistant to the City Manager
Makshanoff to explain why we should support this when this is not the landfill we currently use.
Assistant to the City Manager Makshanoff explained that by making sure that there are more
landfills and space available the City has more choices of where to dispose of its trash and therefore
would present more economical choices to the City. He also noted that Mr. Adnoff with CaIMet is in
support of this item.
City Clerk Midstokke read the title of the Resolution. It was moved by Mayor Cartozian,
seconded by Mayor Pro Tempore McCarthy and unanimously carried to waive further reading and
adopt.
RESOLUTION NO. 6807 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SUPPORTING BFI’S REQUEST TO OBTAIN A CONDITIONAL USE PERMIT
THAT WOULD ALLOW THE COMBINING OF THE LOS ANGELES CITY AND
LOS ANGELES COUNTY LANDFILL OPERATIONS AT THE SUNSHINE
CANYON LANDFILL.
OTHER BUSINESS – Council Member Requests for Future Agenda Items:
Council Member Trejo requested that the Code Enforcement Division of the Police
Department provide monthly reports on their activities; and asked the City Manager about the
recruitment process for the replacement of Darrell George.
Council Member Bayer requested that residential density problems be looked into such as
combining lots, parking requirements and a possible moratorium; and inquired whether the swap
meets at the High Schools have City permits.
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Mayor Pro Tempore McCarthy referenced the vacant tree wells on Brookshire behind the
Theatre and requested that trees be planted or something else be done with them.
Council Member Perkins noted that this is Darrell George’s last Council meeting and wished
him well as the new City Manager of Duane.
STAFF MEMBER COMMENTS :
City Manager Caton noted that Darrell George is a very special employee and will be missed
tremendously; he thanked the Council for approving salary raises to the unrepresented groups of
Executive Management, Middle Management and Confidential/Exempt employees and thanked the
Council for approving adjusted salaries in the Planning Division which will allow good employees to
be retained and improve recruitment.
The meeting recessed at 9:32 p.m. and reconvened at 10:34 p.m. with all Council members present.
ADJOURNMENT: 10:35 p.m.
The meeting adjourned in memory of Tom Anderson, President and Board Member of
Downey Junior Athletic Association; Randy Cobos, husband of Library Assistant Joan Cobos;
and Mary Bradshaw, longtime Downey resident, to 6:30 p.m., October 26, 2004 in the Council
Chamber of Downey City Hall.
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KATHLEEN L. MiDSTOKKE, City Clerk K 0. CARTO=Mayor
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