Loading...
HomeMy WebLinkAboutMinutes - 06-29-04 - Regular MeetingO1 4880 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JUNE 29, 2004 The City Council of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., June 29, 2004, in the Council Chamber of Downey City Hall, Mayor Kirk Cmtozian 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 Acting City Attorney)Stephen Fischer 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, Chief of Police Darrell George, Director of Community/Economic Development Bonnie Kehoe, Director of Community Services John Michicoff, Finance Director Linda Haines, Building Official The Flag Salute was led by City Clerk Midstokke. 4.ORDINANCE APPROVING GROUND LEASE FOR 55 YEARS BETWEEN CITY AND DOWNEY LANDING, LLC, FOR THE DEVELOPMENT OF A RETAIL SHOPPING CENTER AT THE FORMER NASA SITE: For adoption (Ordinance introduced 06/22/04). A staff report was presented by Community/Economic Development Director George indicating that this item was introduced at the meeting of June 22 in conjunction with the Purchase and Sales Agreement. The ground lease is for approximately 14 acres to be developed as a retail shopping center. It is presented tonight for a second reading and adoption. It was moved by Council Member Perkins and seconded by Council Member Trejo and unanimously carried to adopt the Ordinance. City Council Adj . Reg. Minutes 06/29/04 -1- 014801 ORDINANCE NO. 1164 AN ORDINANCE OF THE CITY COUNCIL OF DOWNEY APPROVING A GROUND LEASE BETWEEN THE CITY OF DOWNEY AND DOWNEY LANDING, LLC Mayor Pro Tempore McCarthy complimented the developers and the staff who have worked on this for a long time. He is delighted to see the opportunity for buildings to go up and noted that former Council Member Joyce Lawrence had worked on a subcommittee regarding this project. Mayor Cartozian indicated he echoed the same sentiments that were shared. 5.RESOLUTION APPROVING THE APPOINTMENT OF MICHAEL MURRAY TO THE CABLE TV CITIZENS ADVISORY COMMITTEE, DISTRICT ONE: For waiver of full reading and adoption. Mayor Pro Tempore McCarthy explained that Mr. Murray’s qualifications include that he is a Cable TV subscriber, President of the Downey Tennis Club and Vice-President of Downey Sister Cities Association. City Clerk Midstokke read the title of the Resolution. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and unanimously carried to waive further reading and adopt. RESOLUTION NO. 6782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MICHAEL MURRAY TO THE CABLE TV CITIZENS ADVISORY COMMITTEE, DISTRICT ONE. 6. ORAL COMMUNICATIONS Lennie Whittington, resident of Downey, noted that he did not see anything in the public packet regarding the City Manager item, but did see the City Clerk passing out items to the press. He expressed that he is upset about the City Manager item and alleged that Mayor Cartozian and Council Members McCarthy and Perkins have violated the Brown Act. He referenced the six months notice requirement in the City Manager’s contract and the Charter requirement of not terminating the City Manager until three months after an election. City Clerk Midstokke responded that the materials given to the press were exactly the same as those in the public packet. City Council Adj. Reg. Minutes 06/29/04 -2- 014802 7. RECESS TO CLOSED SESSION Mayor Cartozian announced the Council is recessing to Closed Session (6:50 p.m.) to discuss matters under the authority of the following sections of the Government Code: A. SECTION 54956.9 (b) – Conference with legal counsel – anticipated litigation (exposure to litigation) (one potential case). B. SECTION 54957 – Public Employee Performance Evaluation – City Manager. Prior to recessing to Closed Session, Council Member Bayer requested that the following statement be made part of the record: “I am completely perplexed how a Council majority approached this issue without conducting a noticed public meeting and without including all five members of this City Council. Is this City now being run by three individual Council Members who have discussions and reach agreements out of the public arena regarding the City’s business? if, as the Mayor is alleging, the matter was not discussed beyond the fact that a senior member of the Council approaching the City Manager regarding his employment indicating “there was majority support” for some type of action regarding that employment, how could that senior member have accurately made that statement, without the input of two other members on this Council? if there is no violation of the Open Meeting Laws and the proper process has been followed, I think my fellow colleagues would be more than willing to join me in requesting the District Attorney to conduct an investigation including reviewing the E-Mails of the past week on this issue in order to set the record straight on this important issue in the City of Downey. And I would make that in the form of a motion and would request that Council Member Trejo join me in seconding the motion. Thank you. Council Member Perkins indicated that he (Council Member Trejo) would not need to second the motion, as he will second the motion. (There was no vote taken on this motion.) Council Member Trejo indicated that he is in total agreement with Council Member Bayer on this matter. Council Member Bayer indicated that she had copies of her statement if anyone wanted one. Mayor Cartozian indicated that we don’t really have an agenda item on this, but it could be directed to staff. Acting City Attorney Stephen Fischer requested that the motion be repeated or that a copy of her statement be provided to him. He indicated that if this is to be taken as a formal action of the City Council that it would have to be put on the agenda, but as stated it seems to be something within a citizens’ right to discuss with the District Attorney. If Council wanted to make it a more formal item, it could be brought back at a future agenda. Mayor Cartozian stated that that could be done or direction could be given to work with the City Attorney to do that. Council Member Trejo indicated that he is in agreement with Council Member Bayer on this issue and there are a lot of issues he would like to reserve for discussion in Closed Session. City Council Adj . Reg. Minutes 06/29/04 -3- . 014803 Mayor Cartozian indicated that there are two items to be discussed in Closed Session and that things can be alleged, but if proper follow-up is done, it is an open book. The meeting reconvened in open session at 9:03 p.m., noting the absence of Council Member McCarthy. There were no Closed Session actions to report. ADJOURNMENT: 9:03 p.m. The meeting was adjourned to 6:30 p.m., July 13, 2004, in the Council Chamber of Downey City Hall. KATHLEEN L. MIDSTOKKE, City Clerk KIRK O. CARTOZIAN, Mayor City Council Adj . Reg. Minutes 06/29/04 -4-