HomeMy WebLinkAboutMinutes - 12-14-04 - Regular Meeting014899
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
DECEMBER 14, 2004
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:33 p.m., December 14, 2004, in the Council Chamber of 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
(arrived at 6:38 p.m.)
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles S. Vose, City Attorney
Kathleen L. Midstokke, City Clerk/Secretary
Lee Powell, Assistant City Manager
James Makshanoff, Assistant to the City Manager
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Mayor Pro Tem/Vice-Chairman Perkins, seconded by Council
Member/Commissioner Cartozian and carried by the following vote to approve the Closed Session
Minutes of November 23, 2004.
AYES :
NOES :
ABSENT:
ABSTAIN:
Cartozian, Perkins, Mayor Bayer
None
Trejo
Gafin
RECESS TO CLOSED SESSION
Mayor/Chairman Bayer announced the Council/Commission is recessing to Closed Session
(6 :35 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 Gerald Caton re: Parcels 1
and 6 of the Downey NASA site generally bounded by Stewart & Gray Road, Imperial
Highway and Lakewood Boulevard; negotiating party: Eclipse Development; under
negotiation: price and terms of payment.
City Council/Community Dev. Comm. Minutes (adj.) 12/14/04 -1-
014900
Council Member Trejo arrived at 6:38 p.m.
RECONVENED
The meeting reconvened in open session at 7:30 p.m. with all Council
Members/Commissioners present. City Attorney Vose announced that on a motion made by Council
Member Gafin, seconded by Council Member Trejo and unanimously carried, pursuant to an
agreement that the City has with Downey Landing, LLC, the City Council approved adding the
businesses called Justice, Beach Bum Board Shorts and Sav-On to the lst quality uses list as required
by that agreement.
The meeting recessed at 7:31 p.m.
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 8:39 p.m. with all Council
Members/Commissioners present (see Oral Communications under Regular City Council Meeting)
and recessed at 8:50 p.m.
The meeting reconvened at 10:30 p.m. with all Council Members/Commissioners present.
ADJOURNMENT: 10:30 p.m.
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KATHLEEN L. MIDSTOKKE, City Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj .) 12/14/04 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
DECEMBER 14, 2004
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Council Member Announcements
Presentations
Council Minutes: Adj. & Reg. Mtgs. 11/23/04
Cash Contract #6321 A – Lakewood Blvd. Improvement Proj .
Plans, Specifications, Bids
Warrants: # 200059-200531; Wire Nos. 30000919-926;
$3,507,821.96
Change in authorized staffing adding 1 Police Corporal
& deleting one Police Officer
Appropriate $640,034 for recently approved Labor agmts.
Update of General Plan, Downey Vision 2025
Accept $7,000 from Federal Grant for small businesses
Appropriate addl. $6,785 for Library Adult Literacy Prog.
Ord. # 1169 Speed limits Bellflower Blvd. & Haledon Ave.
Formation of CC subcommittee for Public Arts Program
Oral Communications
Reso. # 6816 Employment Agreement. with Charles Vose
Reso. # 6817 Granting salary increase to the City Manager
Council Member Requests for Future Agenda Items
Staff Comments
Adjournment
1
2
2
2
Approved
Approved
Approved 2
3
3
3
3
3
3
3
4
5
6
7
7
7
Approved
Approved
Set Hrg. 01/25/05
Approved
Approved
Adopted
Approved
Adopted
Adopted
014901
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
DECEMBER 14, 2004
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., December 14,
2004, 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
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manager
James Makshanoff, Assistant to the City Manager
Desi Alvarez, Director of Public Works
John Finch, Police Chief
Bonnie Kehoe, Director of Community Services
John Michicoff, Director of Finance
Art Rangel, Interim Director of Community & Economic Development
Mark Sauter, Fire Chief
Linda Haines, Building Official
Ed Velasco, Housing Manager
Ron Yoshiki, Asst. Director of Community & Economic Development
Susan Domen, Executive Secretary
COUNCIL MEMBER ANNOUNCEMENTS :
Council Member Cartozian pointed out to the audience that he has brought forward Item #11
on the agenda, discussion of the formation of a subcommittee to look at a public art program and
urged those interested to stay for that item. He noted that there are many potential artists in
attendance tonight for the Used Oil Recycling calendar contest. He requested that a marketing
program be created for the City’s “Hotline“ telephone numbers for graffiti abatement, illegal
dumping, hazardous waste cleanup and shopping cart removal.
Council Member Gafin indicated that this is his first meeting, having been on the job one
week. He thanked the department heads, having met a few hours with each of them and thanked City
Manager Caton for a tour of the movie studios. A few Sundays ago he participated in the Chamber of
Commerce annual Holiday Lane Parade.
City Council Minutes 12/14/04 -1-
- 014'902
Council Member Trejo congratulated Downey Junior Athletic Association (DJAA) flag
football team, eighth grade for coming in first in the Southeast Division and making it to the second
round in the regionals. He thanked Recreation Supervisor Kevin Ellis for setting up the Southern
California Municipal Athletic Federation (SCMAF) tournament at Apollo Park.
Mayor Pro Tem Perkins congratulated Mayor Bayer on her first meeting and Council Member
Gafin on his first meeting. He attended the USC/UCLA football game on Saturday, December 4. He
also attended the swearing-in ceremonies of Los Angeles County Supervisor Don Knabe and District
Attorney Steven Cooley. On Sunday he attended a Masons event, along with Fire Chief Sauter which
provided special gifts and school supplies to students at Gallatin Elementary School. He wished
everyone a very Merry Christmas and Happy New Year.
Mayor Bayer announced that last Monday she attended an event at the Senior Citizens Center
which included a Christmas show performed by the kindergarten class from Gallatin Elementary
School
PRESENTATIONS
Mayor Bayer and Integrated Waste Coordinator Kathy Simmons presented awards to the
winners of the Used Oil Recycling School Calendar Artwork Contest. The winners were fifth grade
students Sheona De Silva from St. Raymonds - Second Place, Estrella Mejia from Gauldin - First
Place and Rebekah Jin from Rio San Gabriel - Grand Prize, whose drawing will appear on the cover
of the calendar.
CONSENT CALENDAR – ITEMS FOR REMOVAL
Council Members Gafin and Trejo indicated that they will be abstaining on the Minutes, Items
1 and 2
CONSENT CALENDAR
It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and
unanimously carried, noting the abstentions of Council Members Gafin and Trejo on Items 1 and 2 to
approve the Consent Calendar items as recommended:
1.
2.
COUNCIL MINUTES: ADJOURNED REGULAR MEETING, NOVEMBER 23, 2004:
Approve.
COUNCIL MINUTES: REGULAR MEETING, NOVEMBER 23, 2004: Approve.
3.CASH CONTRACT #632-IA – LAKEWOOD BOULEVARD IMPROVEMENT
PROJECT/UNION PACIFIC RAILROAD TO MEADOW ROAD: PLANS,
SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS:
Approve.
4.WARRANTS ISSUED: 200059 – 200531; WIRE NUMBERS 30000919-926;
$3,507,821.96: Approve.
City Council Minutes 12/ 14/04 -2-
014903
5.CHANGE IN AUTHORIZED STAFFING LEVELS ADDING ONE POLICE
CORPORAL AND DELETING ONE POLICE OFFICER: Approve.
6.APPROPRIATE 8640,034 TO COVER INCREASED EXPENSES RELATED TO THE
RECENTLY APPROVED LABOR AGREEMENTS: Approve.
7.DOWNEY VISION 2025, UPDATE OF CITY’S GENERAL PLAN: Set Hearing January
200525
8.ACCEPT AND APPROPRIATE $7,000 FROM THE FEDERAI, LIBRARY
SERVICES AND TECHNOLOGY GRANT ENTITLED SERVICES FOR SMALL
BUSINESSES IN A BOX: Approve.
9.APPROPRIATE AN ADDITIONAL 86,785 FROM THE CALIFORNIA LIBRARY
LITER\CY SERVICES FOR THE LIBRARY ADULT LITERACY PROGRAM:
Approve
10.ORDINANCE NO. 1169
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING
TO SPEED LIMITS ON BELLFLOWER BOULEVARD AND HALEDON AVENUE.
OTHER BUSINESS
11.FORMATION OF A CITY COUNCIL SUBCOMMITTEE TO STUDY THE
POSSIBLE CREATION OF A PUBLIC ARTS COMMISSION – COUNCIL
MEMBER CARTOZI AN.
Council Member Cartozian expressed that the City has an opportunity to provide an outlet to
serve and shape the future of art and culture in the City. The best way to go about this would be the
formation of a subcommittee to look at this issue. He quoted the draft new General Plan in regards to
cultural resources which includes a suggestion that a diverse public arts program that involves the
entire community may further enhance the publics’ appreciation of cultural resources in general. He
asked for the Council’s support and volunteered to be on the subcommittee.
Mayor Pro Tem Perkins inquired whether the plans included having five or six people from
the community be a part of this study. Council Member Cartozian responded that it would be a
Commission similar to the existing Commissions. For now, the subcommittee would be studying this
among other things. A one percent development fee was mentioned and Council Member Cartozian
indicated that he has spoke to Business Development Manager William Davis about this several
times. Mayor Pro Tem Perkins mentioned that both Santa Fe Springs and Norwalk has the
development fees for public art.
Council Member Trejo indicated that he was not sure how this was going to develop and
requested more information. Council Member Cartozian responded that the first step would be a
subcommittee to consider the ideas such as a public arts program, a Commission and the structure.
City Council Minutes 12/14/04 -3-
. 014904
City Attorney Vose clarified what is being requested is a motion to establish a subcommittee
to bring back recommendations with respect to the establishment of a Public Arts/Historical
Preservation Commission.
Mayor Bayer indicated that she would like staff to research this and determine the financial
impact to the City before a subcommittee is created. Council Member Cartozian responded that he
does not feel a public arts program will cost the City any money and the subcommittee should be
formed at this time.
The following people spoke in favor of a public arts program:
Diane Boggs, resident of Downey
Harold Tseklenis, resident of Downey
Lorine Parks, business owner in Downey
George Redfox, resident of Downey
Kate Davies, resident and Director of Downey Art Museum
AIda Sichting, resident of Downey
Richard Pridham, resident of Downey
Lennie Whittington, resident of Downey
Pauline Hume, resident of Downey
Lillian Brooks, resident of Downey
It was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and
unanimously carried to form a temporary subcommittee with Mayor Bayer and Council Member
Cartozian to study and report back to the Council on the creation of a Public Arts/Cultural
Heritage Commission.
ORAL COMMUNICATIONS
Francisco Moreno, resident of Downey, submitted a letter to Mayor Pro Tem Perkins (since
he lives in his district) and read the letter regarding a problem he and his family are having regarding
a homeless person sleeping on the sidewalk in front of their home and looking into their windows.
He indicated Officer Doyle of the Police Department had visited him regarding this problem.
Richard Pridham, resident of Downey, spoke regarding gardeners blowing leaves and
clippings into the storm drains and that he intends to take pictures and submit them at the State or
Federal level.
12.REQUEST ADOPTION OF THE FOLLOWING TWO RESOLUTIONS – COUNCIL
MEMBER TREJO.
A. RESOLUTION APPROVING EMPLOYMENT AGREEMENT WITH CITY
ATTORNEY CHART IES VOSE,
Council Member Trejo explained that the first item is approving an employment agreement
with the City Attorney. There is an opportunity to fill the position of Economic Director with a
person who has been vital to bringing the NASA property to where it is today. He brought everyone
to the table and resolved issues. By filling this position with the City Attorney a savings of $190,000
can be realized. With some of the money saved, he would like to reopen the Library on Sundays.
City Council Minutes 12/14/04 -4-
014905
Council Member Trejo continued that the second item is a salary increase to the City
Manager. It has been four years since City Manager Caton has received a merit raise and two years
since he has received any kind of a raise. He should be rewarded for his successful work on the
NASA project and for the $13 Million on the land sales, with approximately $5.9 Million in net
revenue. The proposed increase is about equal to those received by the Police and Fire Departments.
City Clerk Midstokke noted for the record that there was supplemental information from
Council Member (3ann in regards to Item 12 (B) distributed this evening.
Council Member Cartozian expressed that the City Attorney has provided excellent legal
services over the last four years. He sees a potential conflict of interest with a staff member serving
the role of a director under the City Manager at the same time as the City Attorney serves under the
City Council. He stated that he does not think this makes sense based on how city governments are
organized and is an awkward fit.
Council Member Gafin stated that if you look strictly at the numbers, it is a cost savings by
replacing Darrell George with Charles Vose. He noted that alternate legal counsel will be covering
vacations and could also handle any actual conflict of interest situations. Understanding that Mr.
Vose has a history in economic development and his legal background, this appointment would be a
definite benefit to the City.
City Manager Caton explained that the position would be the City Attorney who will have
some new duties. The City Attorney works for the City Council and not the City Manager. He has
been extremely helpful in all of the negotiations that have occurred in the last year (in regards to the
former NASA site) and there has been no conflict.
The following people spoke in favor of item 12A:
Joseph Lumsdaine, resident of Downey
Diane Boggs, resident of Downey
Lennie Whittington, resident of Downey
Bob Brazelton, resident of Downey
Ray Leven, resident of Downey, spoke against the item.
Mayor Pro Tem Perkins indicated that he has known Charles Vose for the six years he has
been on the Council and he finds him to be an honorable person. Although he is not necessarily
against this proposal, when it was presented before, it was at a time that there may have been a
replacement of the CEO. He indicated that he is not sure of the two year term of the proposed
contract. He noted that other key personnel of the City do not have similar contracts.
City Manager Caton noted that Mr. Vose’s employment status is different than other
employees in that he works directly for the City Council. There are serious concerns regarding the
NASA site and Mr. Vose can be extremely helpful with this and other projects.
City Attorney Vose explained that this contract can be terminated by the City Council at any
time during the first two years with giving him six month severance pay. He indicated that he will be
terminating relationships with two other clients and will be giving up a law firm and he needs some
level of security. He noted the two years is for the benefit of the City and prohibits him from altering
the contract during that time.
City Council Minutes 12/14/04
014908
City Clerk Midstokke read the title of the Resolution. It was moved by Council Member
Trejo, seconded by Council Member Gafin and carried by the following vote to adopt.
AYES: Gafin, Perkins, Trejo, Mayor Bayer
NOES: Cartozian
RESOLUTION NO. 6816
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AN EMPLOYMENT AGREEMENT BETWEEN CHART IES SB VOSE
AND THE CITY OF DOWNEY.
Prior to the vote, Mayor Pro Tem Perkins moved an amendment to the motion striking the two
years from the contract. The motion died for lack of a second.
It was moved by Council Member Trejo, seconded by Council Member Gafin and
unanimously carried to waive further reading of the Resolution.
B. RESOLUTION GRANTING A SALARY INCREASE TO CITY MANAGER
GERALD CATON.
City Clerk Midstokke read the title of the Resolution. It was moved by Council Member
Trejo and seconded by Council Member Gafin to adopt. (The vote is listed in order below.)
Council Member Gafin explained that this puts him in a very awkward position having only
worked with the City Manager for a short period of time. Of the $20,000 yearly increase being
proposed, it figures out that $14,000 is strictly a consumer price index increase. The remaining
$6,000 works out to be approximately .75% per year merit increase which he can support.
Council Member Trejo stated that the City Manager has made $13 Million for the City, with a
net profit of $5.9 Million on the NASA property. If you compare the $5.9 Million with the $20,000
merit increase for four years it is not much. He noted that the City Manager of Norwalk recently
received a $30,000 raise.
Mayor Pro Tem Perkins noted that this item is lacking a performance review and that many of
the bargaining groups have not stayed up with inflation in recent agreements.
Council Member Cartozian expressed that it goes without saying that he will not support this
and many of the particulars involve a personnel matter.
The following people spoke in favor of item 12B:
Lennie Whittington, resident of Downey
Diane Boggs, resident of Downey
Joseph Lumsdaine, resident of Downey
The following people spoke against item 12B :
Ray Leven, resident of Downey
AIda Sichting, resident of Downey
City Council Minutes 12/14/04 -6-
014907
RESOLUTION NO. 6817
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING A SALARY INCREASE TO THE CITY MANAGER.
The Resolution was adopted by the following vote:
AYES: Gafin, Trejo, Mayor Bayer
NOES: Cartozian, Perkins
It was moved by Mayor Pro Tem Perkins, seconded by Council Member Cartozian and
unanimously carried to waive further reading of the Resolution.
OTHER BUSINESS – Council Member Requests for Future Agenda Items:
Mayor Pro Tem Perkins requested that the Spartan Lacquer property be placed on the next
Closed Session agenda; and requested a review of the budget at the second meeting in January, 2005.
Council Member Cartozian requested staff to set up a meeting with the newly formed
subcommittee on Public Art as soon as possible and to include Business Development Manager
William Davis; he thanked Interim Director of Community and Economic Development Art Rangel
for his services; and requested a marketing program for the City’s “Hotline” telephone numbers.
Council Member Gafin asked when the Zucker report recommendations will be reviewed and
a plan of action be prepared; requested that on a quarterly basis there be a line item budget report
comparing our actual expenses and income; asked for a formal review of the City Manager on an
annual basis; and thanked Art Rangel for his services to the City.
OTHER BUSINESS – Staff Member Comments :
City Manager Caton thanked Art Rangel for his help to the City the last few months.
ADJOURNMENT: 10:30 p.m.
Mayor Bayer announced that it is anticipated that the December 28, 2004 Regular City
(_'ouncil and Community Development Commission Meetings will be adjourned due to a lack of
quorum to 6:30 p.m., January 1 1, 2005.
,L hF) I.. .
ANNE M. BAYER, MaforKATHLEENmmme k
City Council Minutes 12/14/04 -7-