HomeMy WebLinkAboutMinutes - 12-09-03 - Regular Meeting146 :{$a
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
DECEMBER 9, 2003
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:39 p.m., December 9, 2003, in the Council Chamber of the Downey
City Hall, Mayor/Chairman Kirk Cartozian presiding.
PRESENT:Council Members/Commissioners:
Kirk O. Cartozian
Keith McCarthy
Mayor/Chairman
Mayor Pro Tempore/Vice-Chairman
(arrived 6:41 p.m.)
Anne M. Bayer
Meredith H. Perkins
Rick Trejo (arrived 7:04 p.m.)
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles Vose, City Attorney
Joyce E. Doyle, Chief Deputy City Clerk/Acting Secretary
Lee Powell, Assistant City Manager
James Makshanoff, Assistant to the City Manager
Desi Alvarez, Director of Public Works
John Finch, Police Chief
Darrell George, Director of Community & Economic Development
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Council Member/Commissioner Perkins, seconded by Council Member/
Commissioner Bayer and unanimously carried to approve the Closed Session Minutes of
November 25, 2003.
RECESS TO CLOSED SESSION
Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed
Session (6:41 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
2.SECTION 54956.9(a) – Conference with legal counsel – existing litigation: Martinez
vs. City of Downey, et al., L. A. County Superior Court, Case #BC277402.
3.SECTION 54956.8 – Conference with real property negotiators Gerald Caton and
Darrell George re property: 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 .) 12/09/03 -1-
(! 1 4639
4.SECTION 54956.8 – Conference with real property negotiator Gerald Caton re
property: 11269 Garfield Avenue; negotiating party: Los Angeles County; under
negotiation: price and terms of payment.
The meeting reconvened in open session at 7:35 p.m. with all Council Members/-
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:36 p.m.
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 8:25 p.m. with all Council
Members/Commissioners present (see Oral Communications in the Regular City Council Meeting
Minutes) and recessed at 8:43 p.m.
The meeting reconvened at 9:52 p.m. with all Council Members/Commissioner present.
ADJOURNMENT: 9:53 p.m.
Lb
MDoyle, Chief Deputy City Clerk/Secretary r
City Council/Community Dev. Comm. Minutes (adj .) 12/09/03 -2-
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MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
DECEMBER 9, 2003
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentation of Fire Safety Poster contest winners and judges
Presented City Plaque to Fire Department volunteer Alex Smith
Presented City Plaque to Sav-On Drug Store for Recycler of the Year
Presented Awards to Used Oil Recycling Calendar contest winners
Presented Certificate of Appointment to Mario Rios, Traffic (_'ommittee,
Dist. 3
1
1
2
2
2
Council Member Comments 2
2
3
4
4
4
4
5
5
5
Oral Communications
Public Hearing: Amending DMC re: Expanding definition of
single-family dwellings
Items removed from Consent Calendar
Council Minutes: Adj. & Reg. Mtgs. 11/25/03
Cash Contract # 630 – Downtown Multimodal Concourse
(Third St. Pedestrian & Streetscape Improvements)- completed
Warrants Issued: # 190857-191147; Wire Nos. 195
30000706-713: $2,078,744.86
Reimbursement Agreement with Downey Cemetery District
Agreement to Purchase Right-of-Way Easement for
Improvement of Lakewood Bl.
Amendment to the 2003-2004 Action Plan Pertaining to
Community Development Block Grant Fund
CDBG Agreement with Southeast L. A. County Workforce
Investment Board for $6,000 for Community Youth Corps.
Introduced Ord.
Approved
Approved
Approved
Approved
Approved
Set Public Hearing
January 13, 2004
Approved 5
COUNCIL MINUTES, DECEMBER 9, 2003
TABLE OF MINUTE ACTIONS (CONTINUED)
CDBG Agreement with Su Casa Family Crisis & Support Center
for 52,500
New Agreement for Joint Powers Communication Center with
Compton, Montebello and Santa Fe Springs
Fire Headquarters Re-Roof Project for $47,300
Reso. # 6725 Reappointment of Meredith H. Perkins to
Board of Trustees of Greater LA County Vector Control Dist.
Reso. # 6726 Amending City’s Records Mgmt. Program
for Destruction of Police Mobile In-Car Video Recordings
Reso. # 6727 Approving the Final Subdivision Map of
Tract Map No. 54247 (8300 Telegraph Rd.)
Reso. # 6728 Professional Services Agreement
to Investigate Market Based Trash Control Strategies
NASA Management Program Budget for 2004 (for
environmental work managing)
C.C. No. S.S. 534 – Safe Routes to School (De Palma St.)-
completed
Revised A.R. 316 re: Special Event & Circumstances Liability
Contract Building Inspection Manager – Steven Wright for
“Downey Landing“ Development at NASA site
Council Member Comments - continued
Staff Comments
Adjournment to 6:30 p.m., January 13, 2004
Approved 5
Approved
Approved
Adopted
5
5
5
5
6
Adopted
Adopted
Adopted 6
Approved
Approved
6
6
7
8
9
10
10
Approved
Approved
014540
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
DECEMBER 9, 2003
The City Council of the City of Downey held a Regular Meeting at 7:42 p.m., December 9,
2003, 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 Tmjo
Mayor
Mayor Pro Tempore
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney
Joyce E. Doyle, Chief Deputy City Clerk
Lee Powell, Assistant City Manager
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
Ed Velasco, Housing Manager
Brenda Emrick, Public Education Specialist
Kevin Ellis, Recreation Coordinator
Ron Yoshiki, Asst. Director of Community Dev./City Planner
Kathy Simmons, Integrated Waste Coordinator
Susan I)omen, Executive Secretary
PRESENTATIONS
Mayor Cartozian and Fire Chief Sauter presented Certificates to the winners of the Fire
Prevention Week Poster Contest. The winners consisted of forty-eight students from various
elementary schools in the City. Chief Sauter presented Certificates to the volunteer judges from the
Rio Hon(io College Fire Academy and thanked Brenda Emrick, Public Education Specialist from the
Fire Department, for her efforts in organizing the annual event.
Mayor Cartozian and Chief Sauter presented a City plaque to Alexander Smith, a retired
Downey Police Officer, in recognition of his ten years of volunteer services to the Fire
Department. He is the voice of“Pluggy”, the robot fire hydrant and takes photographs for the
department among many other volunteer duties.
City Council Minutes 12/09/03 -1-
ali,s,qI
Kathy Simmons, integrated Waste Coordinator, presented a City plaque to the City’s 2003
Recycler of the Year, Say-On’s Drug Store on Florence Avenue, accepted by Gordon Frasier.
Mayor Cartozian and Coordinator Simmons presented awards to the winners of the Used Oil
Recycling Calendar contest. The winners were fifth grade students Ashley Poe – Second Place;
Ellen Troy - First Place; and Michael Hughes – Grand Prize, whose drawing will be on the front
cover of the calendar.
Council Member Trej o presented a Certificate of Appointment to Mario Rios, Traffic
Committee for District 3 .
OTHER BUSINESS – Council Member Comments
Mayor (_'artozian announced that Council Comments would now be held at the beginning of
the Council Meetings so that more members of the public will be present when they are made. Mayor
C'artozian thanked the City Clerk’s office for a new informational brochure for the public regarding
rouncil Meetings that will be distributed early next year.
Council Member Perkins recognized in the audience two previous Mayors, Diane Boggs and
Dr. Gary McCaughan. He complimented the award presentations tonight and the many winners. He
congratulated Mayor Cartozian on his first meeting and wished everyone a Merry Christmas and a
very Happy New Year.
Council Member Trejo thanked all the Council Members for their comments during the
Mayoral Transition Ceremony and said he was very happy to turn the gavel over to Mayor Cartozian.
Council Member Bayer mentioned it was exciting to see so many families tonight for the
presentations and she hopes all of meetings go well for newly elected Mayor Cartozian.
Mayor Pro Tempore McCarthy said he was also happy to see so many children and their
families here this evening at the presentations. He mentioned he would be leaving Monday on an 8-
Jay Jerusalem interfaith pilgrimage to the Holy Land. He thanked the Downey Chamber of
Commerce for the wonderful Holiday Lane Parade and congratulated Ed Sussman, retired Downey
Unified School District Superintendent and his wife for being selected as the Grand Marshals. He
announced that Public Works had recently received two awards, one for the annual employee
recognition breakfast and the second for a program at elementary schools demonstrating heavy
equrprnent.
ORAL COMMUNICATIONS
The following residents spoke in protest of the Gallatin Road sidewalk project (which was
approved by City Council on November 25, 2003): Mike Borzi, Mario Valente, Gordon Lee, Manuel
Moreno, Diana Borzi, Cecelia Jordan, Keith Bradbury and Guando Mendoza. Mr. Bradbury
submitted a petition against the project containing approximately 23 signatures.
City Council Minutes 12/09/03 -2-
C : 46 42
PUBLIC HEARINGS
1.PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT RE: EXPANDING THE
DEFINITION OF SINGLE-FAMILY DWELLINGS TO BE CONSISTENT WITH
THE ADOPTED AND CERTIFIED 2000-05 DOWNEY HOUSING ELEMENT.
Mayor Cartozian opened the Public Hearing at 8:44 p.m. Chief Deputy City Clerk Doyle
affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by
Mayor Pro Tempore McCarthy and so ordered to receive and file.
A staff report was given by Asst. Director of Community Development/City Planner Ron
Yoshiki, indicating that the proposed code amendment is associated with the City’s Housing Element
which was adopted in 2001 and certified by the State Housing and Community Development
Department. The Housing Element indicates that by 2003 the City needed to assure that they are
providing housing opportunities of all types of housing in the City of Downey. The item tonight is
viewed as a clean-up item in response to a State-mandated requirement. The new text includes
manufactured and mobile housing.
Council Member Perkins requested clarification on the definition of manufactured homes and
mobile homes. Council Member Perkins stated that he was not in agreement with the State dictating
these kinds of requirements and this is one of many laws recently imposed by the State. He expressed
that he felt the State should give their attention to balancing their own budget and allow cities to
maintain local control on city issues.
Mayor Pro Tempore McCarthy pointed out that manufactured housing, both structurally and
aesthetically, will work within most neighborhoods and will bring the cost down on purchasing a
home. He expressed concern about expanding any mobile home areas and suggested that text include
the strike out but not add any additional wording.
A motion was made by Mayor Pro Tempore McCarthy, which was later withdrawn, to have
the text “other than a mobile home“ stricken and at the end of “occupancy by one family“ to put a
period, and omit any other text. Assistant Director Yoshiki commented that the State wanted us to
have language that made reference manufactured and mobile homes and staff felt the best place to put
it was in the definition section.
Mayor (_'artozian stated that this is a clean-up item to be consistent with the Housing Element
that already states this language. City Attorney Vose verified that is correct and stated that while the
language at the end provides clarity and direction for staff, it is not required to necessarily be there
but should probably be somewhere because of the requirements coming from the State legislature.
Council Member Perkins inquired as to adopting a case motion and testing it. City Attorney
Vose stated that we are not told it needs to be stated in the definition, but it must be stated
somewhere. It is being recommended by the staff at the State level to state it this way.
It was clarified by Assistant Director Yoshiki that it is in the General Plan, however, the State
is also asking that it be implemented in the Code. This was a correction that was noted when the
General Plan was certified.
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0346 ;3
City Manager Caton suggested that Council introduce the Ordinance to show good faith to the
State and direct staff to look into sorne of the options discussed.
Noting no one from the public coming forward to speak, it was moved by Mayor Pro Tempore
McCarthy9 seconded by (,-'ouncil Member Perkins and so ordered to close the Public Hearing.
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING A DOWNEY MUNICIPAL CODE AMENDMENT TO
ARTICLE IX, CHAPTER 1. SECTION 9104 TO EXPAND THE
DEFINITION OF SINGLE-FAMILY DWELLINGS TO BE CONSISTENT
WITH THE ADOPTED AND CERTIFIED 2000-05 DOWNEY HOUSING
ELEMENT.
Chief Deputy City Clerk Doyle read the title of the Ordinance. It was moved by Mayor Pro
Tempore McCarthy, seconded by Council Member Trejo and unanimously carried to waive further
reading and introduce the Ordinance with the direction to ask staff to explore other ways of
addressing this to be in compliance and bring back at the next meeting.
CONSENT CALENDAR – ITEMS FOR REMOVAL
4. CASH CONTRACT # S.S. 534 – SAFE ROUTES TO SCHOOL (DE PALMA STREET),
was removed at the request of Council Member Trejo and is listed under Other Business below.
7. REVISED ADMINISTRATIVE REGULATION 316 FOR SPECIAL EVENT AND
CIRCUMSTANCES LIABILITY. was removed at the request of Council Member Bayer and is
listed under Other Business below.
8. CONTRACT FOR BUILDING INSPECTION MANAGEMENT SERVICES FOR THE
“DOWNEY LANDING” DEVELOPMENT AT THE NASA SITE, was removed at the
request of Council Member Perkins and is listed under Other Business below.
CONSENT CALENDAR
It was moved by Council Member Perkins, seconded by Council Member Trejo 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, NOVEMBER 25, 2003 :
Approve.
3.COUNCIL MINUTES: REGULAR MEETING, NOVEMBER 25, 2003 : Approve.
City Council Minutes 12/09/03 -4-
' ni 4 &44
5.CASH CONTRACT # 630 – DOWNTOWN MULTIMODAL CONCOURSE (THIRD
STREET PEDESTRIAN AND STREETSCAPE IMPROVEMENTS): ACCEPT THE
IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY: Approve.
6.WARRANTS ISSUED: 190857 – 191147; WIRE NUMBERS 195, 30000706-713:
$2,078,744.86: Approve.
9.REIMBURSEMENT AGREEMENT IN THE AMOUNT OF $75,000 WITH THE
DOWNEY CEMETERY DISTRICT FOR THE NICHE GARDENS AND MEMORIAL
WALL PROJECT: Approve.
10.AGREEMENT WITH DONALD & MABLE HARRIS TO PURCHASE A
PERMANENT ROADWAY EASEMENT FOR PROPERTY LOCATED AT 8850
DALEN STREET, FOR AN AMOUNT NOT TO EXCEED $12,040, FOR THE
LAKEWOOD BOULEVARD IMPROVEMENT PROJECT: Approve.
11.SET PUBLIC HEARING FOR JANUARY 13, 2004 FOR AMENDMENT TO THE
2003-2004 ACTION PLAN PERTAINING TO THE COMMUNITY DEVELOPMENT
BLOCK GRANT FUND: Approve.
12.COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATIVE AGREEMENT
WITH THE SOUTHEAST LOS ANGELES COUNTY WORKFORCE INVESTMENT
BOARD, WHICH ALLOCATES $6,000 FOR THE COMMUNITY YOUTH CORPS
PROGRAM: Approve.
13.COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT
WITH SU CASA FAMILY CRISIS & SUPPORT CENTER FOR $2,5000: Approve.
14.NEW AGREEMENT FOR JOINT POWERS COMMUNICATION CENTER (JPCC),
CONTINGENT UPON THE APPROVAL OF THE AGREEMENT BY THE CITIES
OF COMPTON, MONTEBELLO AND SANTA FE SPRINGS: Approve.
15.FIRE HEADQUARTERS RE-ROOF PROJECT AT A COST OF $47,300 BY
SOUTHERN CALIFORNIA ROOFING: Approve.
16.RESOLUTION NO. 6725 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF MEREDITH H. PERKINS TO THE
BOARD OF TRUSTEES OF THE GREATER LOS ANGELES COUNTY VECTOR
CONTROL DISTRICT.
17.RESOLUTION NO. 6726 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY’S RECORDS MANAGEMENT PROGRAM TO INCLUDE
APPROVING THE DESTRUCTION OF CERTAIN POLICE DEPARTMENT
MOBILE IN-CAR VIDEO SYSTEM RECORDINGS AFTER ONE YEAR.
City Council Minutes 12/09/03 -5-
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18.RESOLUTION NO. 6727 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 54347 (8300
TELEGRAPH ROAD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER
AND ACCEPTING A CASH DEPOSIT SURETY.
19.RESOLUTION NO. 6728 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT (WITH THE COALITION FOR ENVIRONMENTAL PROTECTION,
RESTORATION AND DEVELOPMENT) TO INVESTIGATE MARKET BASED
TRASH CONTROL STRATEGIES AS THEY RELATE TO TOTAL MAXIMUM
DAILY LOAD (TMDL) BASED WATER QUALITY REGULATIONS.
20.(NUMBER NOT USED)
ADMINISTRATIVE REPORTS
21.NASA MANAGEMENT PROGRAM BUDGET FOR 2004 (FOR THE MANAGING,
MONITORING, AND COORDINATION OF ENVIRONMENTAL WORK).
A staff report was presented by Assistant City Manager Powell who explained that with the
purchase of the entire NASA property, the City is obligated to create a new program called the NASA
Management Program that involves managing, monitoring, and coordinating all the environmental
work and processes so that the property will be environmentally clean and approved for economic
development. This requirement involves monitoring the activities of IRAD and Arcadis, coordinating
these activities with the property owners, and processing various consent, release and confirmation
forms
Assistant City Manager Powell stated that the budget allows the City to use outside
contractors and professional service firms. Staff proposes to have a management company oversee
the overall coordination of the program and specialized environmental firms to complete the
monitoring and confirmation work. He also explained that the monies for this budget will come from
the assessments paid by the property owners of NASA property. They will be charged a
proportionate fee quarterly, based on acreage and usage. As owner of the Park property, the City will
be responsible for eight percent (8%) of the costs of the program. The fiscal impact to the City is
projected to be $25,200 the first year.
In response to questions from Council Member Trejo, Assistant City Manager Powell
responded that the $25,200 is 8% of the total cost of $315,000 and that the additional 35 acres, while
we own them, the tenants who are leasing them are responsible for any assessments such as these.
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034646
' s'' it
Assistant City Manager Powell responded to Mayor Pro Tempore McCarthy that while the
environmental clean-up is limited to Parcels 1 and 2, the regulations apply to the entire property. He
clarified that California Regional Water Quality Control Board – Los Angeles Region, has been the
agency designated who will approve the clean-up. Being that the Park site is considered open space
and recreational use, it must meet higher standards of environmental clean-up.
It was moved by Council Member Perkins, seconded by Council Member Trejo and
unanimously carried to approve the NASA Management Budget for 2004 in the amount of
$315,000.
OTHER BUSINESS – Consent Calendar – Items removed by Council Approval:
4.CASH CONTRACT NO. S.S. 534 – SAFE ROUTES TO SCHOOL (DE PALMA
STREET) :
Council Member Trejo commended Public Works Director Alvarez and his department for
bringing this item forward to mitigate traffic, especially around the high schools with their new
developments.
It was moved by Council Member Trejo, seconded by Council Member Perkins and
unanimously carried to accept the improvements and the maintenance responsibility for the new
traffic signal and flashing beacons, constructed under Cash Contract No. S.S. 534.
7.REVISED ADMINISTRATIVE REGULATION 316 FOR SPECIAL EVENT AND
CIRCUMSTANCES LIABILITY:
Council Member Bayer thanked Mayor Pro Tempore McCarthy and staff for working on the
language of this item, expressing that the non-profits would be appreciative.
Council Member Perkins clarified that the City is self-insured up to $2 Million, but the
revised policy will allow certain non-profits to insure only up to $1 Million.
Mayor Pro Tempore McCarthy responded that the City is being fiscally responsible in
bringing this item forward and with the revision is being socially responsible. If the higher
requirements were imposed on local groups, they would not be able to hold their events, due to the
insurance being cost prohibitive, He indicated that if or when there is a claim filed that this would no
doubt be reviewed again.
Mayor Cartozian noted that this does not pertain to contractors such as street sweeping or
trash collection.
It was moved by Council Member Trej o, seconded by Mayor Pro Tempore McCarthy and
carried by the following vote to approve the revised Administrative Regulation (AR) 316
regarding special event and circumstances liability.
AYES :
ABSTAIN:
McCarthy, Perkins, Trejo, Mayor Cartozian
Bayer
City Council Minutes 12/09/03 -7-
. .. 014347
8.CONTR\CT FOR BUILDING INSPECTION MANAGEMENT SERVICES FOR THE
“DOWNEY LANDING” DEVELOPMENT AT THE NASA SITE (WITH STEVEN
WRIGHT).
Council Member Perkins explained that he has reviewed the audio tape on the previous
discussion of this item and is prepared to make a motion reflective of the prior discussion.
It was moved by Council Member Perkins, seconded by Mayor Cartozian (for purpose of
discussion) to amend the agreement as follows; Page Two, Section 3: Additional Services, shall read:
“ .. . unless such additional services are authorized in advance by the (City Manager) City Council“;
Page Three9 Section 4(a): C'ompensation and Method of Payment, shall read: “ . .. unless additional
compensation is approved by the (City Manager) City Council“; and Page Ten, Section 26:
Modification of Agreement, shall read “. .. and approved by the consultant and by the (City Manager)
City Council“. The motion failed by the following vote:
AyES: Perkins
NOES: Bayer, McCarthy, Trejo, Mayor Cartozian
Prior to the vote, Mayor Pro Tempore McCarthy stated that although he had seconded the
motion two weeks ago when this matter was previously discussed, given the scope of this contract is
$50,000, he is not sure if these changes in this contract is the best way to achieve the goal of
increased accountability.
Prior to the vote, Council Member Perkins expressed that these are three very important areas
that would not need on the spot decisions and therefore could come back to City Council for approval
in a timely manner.
Prior to the vote, Mayor Cartozian requested the City Attorney to clarify between contracts
that are brought before the City Council and those that are not. City Attorney Vose responded that it
would depend on the contract to begin with, assuming a contract had this similar language, it would
be up to the City Manager to determine what he wanted to bring back to the Council in terms of his
relationship with the Council and his reporting to the Council. There are numerous contracts where
the City Manager, or who the City Manager delegates the contract to, makes changes to the contract
for additional services that are not brought back to the Council but are within the approval of the
Council in terms of the project. An example would be almost every Public Works project that it
comes up, there are always amendments and modifications that come up and those are not necessarily
brought back to City Council on a regular basis, unless they exceed a certain amount. Within the
Charter and the Municipal Code are provisions which grant authority to the City Manager to enter
into contracts, thought to be up to $10,000, without authority of the City Council. I think you will
find that it is within that context that these things are done.
Prior to the vote, Council Member Trejo mentioned that the proposed action would take away
flexibility from the City Manager and bog down the Council with red tape. He feels flexibility needs
to be maintained to expedite and facilitate the project as much as possible and he does not support the
motion on the table.
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Prior to the vote, Council Member McCarthy proposed to substitute/amend the motion to
establish a cap on excess expenditures of $75,000 on Page 3 “. . . the total compensation shall not to
exceed $50,000 unless additional compensations is approved in writing by the City Manager not to
exceed $25,000”. The substitute motion/amendment did not receive a second.
Prior to the vote, Mayor Cartozian expressed that he was not in favor of the motion on the
floor and that he does not see how this is beneficial to the City to single out this one consultant
contract at this time. The Council has the right to ask for a timely report on any consultant or services
and needs to trust management to make prudent decisions.
It was moved by Council Member Trejo, seconded by Mayor Cartozian and carried by the
following vote to approve a contract for Building Inspection Management services for the
“Downey Landing” development at the NASA site (with Steven Wright).
AYES: Bayer, McCarthy, Trejo, Mayor Cartozian
NOES: Perkins
OTHER BUSINESS - Council Member Comments: (cont.)
Mayor Cartozian announced that he had a great first week as Mayor and that the Council
Members are all part of a team, along with staff, every employee and community member in our City.
He attended several events, one being a reading for the Volunteer Appreciation Luncheon at the
Library last Saturday along with Mayor Tempore McCarthy; and attending the School Board Meeting
today where retirement awards were presented to outgoing Board President Betty Ferraro and Deputy
Superintendent of Administration Donna Boose for their services to Downey Unified School District.
He explained why he had three gavels at the meeting and the sentiment behind each one of them.
Council Member Perkins thanked the Chamber of Commerce for an outstanding Holiday Lane
Parade. He pointed out that with the Councils’ approval of Consent Calendar item #14, Agreement
for Fire Dept. - Joint Powers Communication Center, the City saved approximately $78,000. He
wished everyone a Merry Christmas and Happy New Year.
Council Member Trej o mentioned the City completed and executed the purchase agreement
with Industrial Realty Group for the movie studios at the NASA site and are now in escrow.
Council Member Bayer commended both the Fire and Police Chiefs for doing excellent jobs
and encouraged everyone to contribute to the holiday Toys for Tots Drive.
Mayor Pro Tempore McCarthy wished everyone Happy Holidays. He requested staff to look
into a new sound system for the Council Chamber. Mayor Pro Tempore McCarthy adjourned in
memory of William Croker and gave some interesting background from various news articles.
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014349
OTHER BUSINESS – Staff Comments
City Manager Caton commended newly elected Mayor Cartozian for doing an excellent job on
his first meeting. He thanked the Council for the money set aside tonight to help the Downey
Cemetery District project, mentioning that it is very important to remember our past. He thanked the
Council for taking very good care of the City and staff needs. He wished everyone Happy Holidays
mentioning what a terrific year it has been and thanked Council for their support.
ADJOURNMENT: 9:53 p.m
The meeting adjourned in memory of William Croker, cancer detection advocate, known
as “Walking Willie”, an employee of Viana 76 Service Station in Downey, to 6:30 p.m., January
13, 2004, in the Council Chamber of Downey City Hall (anticipating the December 23, 2003 Regular
City Council Meeting will be adjourned due to lack of a quorum).
La-m tpnCterk Kirk O. Cartozi
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