HomeMy WebLinkAboutMinutes - 11-10-09 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
NOVEMBER 10, 2009
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., No\ember 10, 2009, in the Council Chamber of the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Mario A. Guerra
presiding.
PRESENT: Council Members/Commissioners:
Mario A. Guerra
Anne M. Bayer
Luis H. Marquez
Roger C. Brossmer
David R. Gafin
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
ALSO PRESENT:Lee Powell, Acting City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
Mark Sauter, Deputy City Manager/Emergency Services
Scott K. Pomrehn, Assistant Deputy City Manager
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None.
APPROVED CLOSED SESSION MINUTES: October 27, 2009.
It was moved by Council Member/Commissioner Brossmer, seconded by Council
Member/Commissioner Gafin and unanimously carried to approve.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Guerra announced the Council/Commission is recessing to Closed
Session (6:31 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1. Government Code Section 54956.8 – Conference with real property negotiator Gerald
Caton re: property located at 12224 Lakewood Boulevard (Downey Studios); negotiating
party: Stuart Lichter, Industrial Realty Group; under negotiations: price and terms of
payment.
2. Government Code Section 54956.9(b)(1) – Conference with legal counsel – anticipated
litigation. Significant exposure to litigation – one potential case.
City Council/Community Dev. Comm. Minutes (adj.) 11/10/09 -1 -
3. Government Code Section 54957.6 – Conference with labor negotiators Council
Members Brossmer and Gafin re: direction for labor negotiations with City Manager.
RECONVENED:
The meeting reconvened in Open Session at 7:33 p.m. Qth all Council
Members/Commissioners present. Mayor/Chairperson Guerra announced there were no reportable
actions
ADJOURNMENT:
The meeting adjourned at 7:33 p.m.
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W\RIO A. GUERRA, MbyMChairpersonKATHLEEN L. MIDSTOKKE, City Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj.) 11/10/09 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
NOVEMBER 10, 2009
The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., November 10,
2009, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Mario A. Guerra presiding.
PRESENT:Council Members:
Mario A. Guerra
Anne M. Bayer
Luis H. Marquez
Roger C. Brossmer
David R. Gafin
Mayor
Mayor Pro Tem
ALSO PRESENT:Lee Powell, Acting City Manager
Edward W. Lee, City Attorney
Kathleen L. Midstokke, City Clerk
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
Mark Sauter, Deputy City Manager/Emergency Services
Scott K. Pomrehn, Assistant Deputy City Manager
Roy Campos, Police Chief
John Michicoff, Finance Director
Thad Phillips, Community Services Director
Brian Ragland, Public Works Director
Jeff Turner, Fire Chief
Susan Domen, Deputy City Clerk
Other Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Mayor Pro Tem Bayer announced the Citizens for Downey meeting will be held tomorrow
morning at 7:30 a.m.; the Chamber of Commerce Mixer will be held at George’s Restaurant and Bar
on Thursday at 5:30 p.m.; and Sunday the Aerospace Legacy Foundation will have their meeting at
1 :30 p.m
Council Member Brossrner announced the Veterans Day Memorial ceremony will be held
tomorrow; he noted the banners honoring serving military personnel were put up and thanked Public
Works; attended the State of the County presented by Supervisor Don Knabe in Long Beach;
participated in the Website and Learning Center subcommittee meetings; and the Rotary/ARC
Annual Golf Tournament.
Council Member Gafin commended the Community Services department for putting on the
Annual Pumpkin Patch and Annual Kids Fishing Derby; announced that Thursday will be the Annual
Mayor’s Prayer Breakfast at 6:30 a.m.; and the Flu Shot Clinic that will be held on Saturday,
November 14th, from 9:00 a.m. to 5:00 p.m. Director Sauter noted that the clinic will only remain
open until all doses of the vaccination have been distributed.
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Mayor Guerra thanked the Downey Patriot for printing the Mayoral Updates section; stated
he travelled to Washington D.C. for the Character Counts coalition and met with Congresswoman
Roybal-Allard regarding HR1728; he met with the Department of Energy and School Superintendent
Doty recently; attended a G.O.O.D. meeting; the Green Task Force; hosted the delegation from the
new Sister City Fresnillo, Zacatecas; on Saturday went to Pasadena with Downey Rose Float
Association for Photo Day at the Tournament of Roses House; attended the Rotary meeting where
Downey and Warren High School cheerleaders and football players participated; and on Thursday
attended the Los Angeles Economic Development Commission meeting; noted the City is continuing
to work with Tesla Motor Co.; reported that crime statistics for burglaries are down 25% and motor
vehicle thefts are down 24% through the end of September; requested recycling bins in City Hall;
that a wrap be placed around the Avenue Theatre sign; and that the policy on how early the fields
can be chalked before reserved games be reviewed.
PRESENTATIONS:
Mayor Guerra presented a Proclamation declaring October as Breast Cancer Awareness
Month and November as End Domestic Violence Month.
Mayor Guerra presented a Proclamation asking citizens to recognize November 1 1, 2009 as
Veterans Day.
PUBLIC HEARINGS: None
NON-AGENDA PUBLIC COMMENT:
John Roldan, California Public Utilities Commission representative, announced that
Tuesday, November 17th, there will be a public workshop on “Managing Energy Bills” at the Barbara
J. Riley Center.
John Lacey, resident of Downey, acknowledged the banner program for veterans and
thanked Council Member Brossmer for initiating; thanked Chief Campos for his efforts during time as
Chief
CONSENT ITEMS REMOVED:
4.APPROVE ART IN PUBLIC PLACES “REVEAL” SCULPTURE AT 9637 LAKEWOOD
BOULEVARD: Community Services. This item was removed at the request of Council
Member Gafin and is listed under Other Business below.
7 ADOPT RESOLUTION NO. 09- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY
OF DOWNEY AND JEFFREY TURNER AS INTERIM FIRE CHIEF: Administration. This
item was removed at the request of Mayor Guerra and is listed under Other Business below.
9 A. ADOPT RESOLUTION NO. 09- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING THE UNIFORM SCHEDULE OF FEES PREVIOUSLY
ADOPTED BY RESOLUTION NO. 09-7139 BY ESTABLISHING FEES FOR THE
COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Administration. This
item was removed at the request of Council Member Gafin and is listed under Other
Business below.
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B. ESTABLISH INTERIM AND PERMANENT HOURS OF OPERATION FOR THE
COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER.
CONSENT CALENDAR:
It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Bayer, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
1.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings October 27,
2009: City Clerk.
2.APPROVED WARRANTS ISSUED: Warrant Nos. 245029 – 245368; Wire Nos. 520 – 523
and 30002015 – 30002023; in the total amount of $3,725,756.77: Finance.
3.APPROPRIATED $28,500 FROM THE GENERAL FUND TO COMPLETE THE ADDITION
OF A FITNESS ROOM AT FIRE STATION NUMBER FOUR, 9349 FLORENCE AVENUE:
Fire
5.RECEIVED AND FILED 2008 GENERAL PLAN ANNUAL PROGRESS REPORT:
Community Development.
6.ADOPTED RESOLUTION NO. 09-7164, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION –
MAINTENANCE UNIT (NOVEMBER 1, 2009 TO OCTOBER 31, 2010): Administration.
8.ADOPTED RESOLUTION NO. 09-7166. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ACCEPTING A FEE AND WAIVING EIGHTEEN AUTOMOBILE
PARKING SPACES FOR ICON’S CAF£ LOCATED AT 8237 – 8239 SECOND STREET:
Community Development.
ADMINISTRATIVE REPORTS:
10.ADOPTED ORDINANCE NO. 09-1254, AN INTERIM URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DOWNY MAKING FINDINGS AND ESTABLISHING A
TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF
MEDICAL MARIJUANA DISPENSARIES: City Attorney.
City Attorney Lee presented a staff report noting that the moratorium will provide adequate
time for the City to study and respond to the conflict between State and Federal law. The City must
determine whether or not to permit the use and what zoning and regulatory conditions to set. He
noted that the moratorium requires a 4/5 vote and will be for a 45 day period with a possible
extension
Dave Bowers, resident of Downey, noted he feels legalizing and regulating these businesses
will take the power away from gangs.
John Lacey, resident of Downey, noted his support for the moratorium.
It was moved by Mayor Guerra, seconded by Council Member Marquez and unanimously
carried to adopt the Urgency Ordinance.
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OTHER BUSINESS:
11.AUTHORIZED THE MAYOR TO SEND A LETTER THAT SUPPORTS THE COUNTY’S
GRANT APPLICATION FOR A PROGRAM THAT CONTROLS TOBACCO USE AND
PREVENTS OBESITY: Mayor Guerra.
Mayor Guerra explained that this supports the grant process.
It was moved by Council Member Brossmer, seconded by Council Member Gafin and
unanimously carried to authorize the Mayor.
12.SELECTED THE DATE OF TUESDAY, DECEMBER 8TH AT 6:00 P.M. FOR ROTATION OF
MAYOR AND TUESDAY, DECEMBER 15TH FOR THE REGULAR CITY COUNCIL
MEETING: Administration.
Mayor Pro Tem Bayer explained that traditionally the date of the transition as well as the
theme and food were selected by the incoming Mayor, as well as being on the first Tuesday of the
month. She feels that most people have this reserved on their calendars as they are aware of the
tradition and is requesting the date to be December 1 st in keeping with tradition.
It was moved by Mayor Pro Tem Bayer, seconded by Council Member Gafin and failed
noting the dissent of Council Members Brossmer, Marquez and Mayor Guerra to hold the Mayoral
Transition on Tuesday, December 1, 2009.
Mayor Guerra stated that tradition has always been the outgoing Mayor selects the date, that
it had never been held that early in the month, that it is not included in the Charter or the Mayor
Rotation Policy to be held the 1 st Tuesday and noted that Council Member Marquez and himself will
be out of town the first week in December and would like to be able to attend
Council Member Marquez stated that he did not know there was a tradition and had an event
on his calendar already the 1 st week in December.
Mayor Pro Tem Bayer responded that she did not place this item on the agenda, she feels
bad that the two members are unable to change their schedules, but feels that tradition should be
kept in place.
It was moved by Council Member Brossmer, seconded by Council Member Marquez and
carried noting the dissent of Council Member Gafin and Mayor Pro Tem Bayer to hold the Mayoral
Transition on Tuesday, December 8th and move the regular scheduled City Council meeting
to Tuesday, December 15th.
ITEMS REMOVED:
4.APPROVED ART IN PUBLIC PLACES “REVEAL“ SCULPTURE AT 9637 LAKEWOOD
BOULEVARD: Community Services.
Council Member Gafin questioned if there are conditions on the property owner to maintain
the sculpture and what the wrap is made of. Director Phillips responded yes, the agreement
includes maintenance. The artist responded that the wrap is made of fiberglass and will be the
same color as the rest of the sculpture.
It was moved by Council Member Gafin, seconded by Council Member Marquez and
unanimously carried to approve.
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Prior to the vote, Chuck Ana, resident of Downey, noted his concerns about the piece and
requested more frivolous art be considered in the future.
7.ADOPTED RESOLUTION NO. 09-7165, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY
OF DOWNEY AND JEFFREY TURNER AS INTERIM FIRE CHIEF: Administration.
Mayor Guerra requested clarification that the Chief will remain for the entire year and was
told yes.
It was moved by Council Member Brossmer, seconded by Council Member Marquez and
unanimously carried to adopt the Resolution with the City Attorney’s office to clarify the
terminology of the term of the contract.
9.A. ADOPTED RESOLUTION NO. 09-7167, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING THE UNIFORM SCHEDULE OF FEES PREVIOUSLY
ADOPTED BY RESOLUTION NO. 09-7139 BY ESTABLISHING FEES FOR THE
COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Administration.
B. ESTABLISHED INTERIM HOURS OF OPERATION FOR THE COLUMBIA MEMORIAL
SPACE SCIENCE LEARNING CENTER.
Council Member Gafin noted this had not been reviewed by the subcommittee and
suggested the interim rate and hours be approved with the item being referred back to the
subcommittee.
City Attorney Lee explained that the Resolution is only to adopt the fees and could be
adopted tonight.
Acting City Manager Powell suggested that the Resolution be adopted with the entry fee of
$5 and the gift shop pricing and all remaining items to be referred to the subcommittee.
It was moved by Council Member Gafin, seconded by Mayor Guerra and unanimously
carried to approve the interim hours, adopt the amended Resolution setting a temporary entry
fee and gift shop pricing, and refer the matter to the subcommittee.
STAFF COMMENTS: None.
ADJOURNMENT:
The meeting adjourned at 8:42 p.m. to 6:30 p.m., November 24, 2009.
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KATHLEEN L. F„41DSTOKKE, City Clerk MARIO A. GUERRA, Mayor
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