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HomeMy WebLinkAboutMinutes - 11-25-08 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 25, 2008 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., Nowmber 25, 2008, in the Council Chamberof the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson David R. Gafin presiding. PRESENT: Council Members/Commissioners: David R. Gafin Mario A. Guerra Anne M. Bayer Rick Trejo Kirk O. Cartozian Mayor/Chairperson Mayor Pro Tem/Vice-Chairperson (absent) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Lee Powell, Assistant City Manager/Executive Director Edward W. Lee, City Attorney/Agency Counsel Kathleen L. Midstokke, City Clerk/Secretary Scott K. Pornrehn, Assistant Deputy City Manager Desi Alvarez, Deputy City Manager/Special Projects Gilbert Livas, Deputy City Manager/Community Development John Perfitt, Economic Development Director Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None. APPROVED CLOSED SESSION MINUTES: November 10, 2008. It was moved by Council Member/Commissioner Trejo, seconded by Council Member/Commissioner Bayer and unanimously carried (4/0) to approve. RECESSED TO CLOSED SESSION: Mayor/Chairperson Gafin announced the Council/Commission is ncessing to Closed Session (6:33 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with City Employees Association – Miscellaneous and Maintenance; Public Safety Auxiliary; and Executive Management, Middle Management and Confidential/Exempt. 2. Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas re: property at 8233 Firestone Boulevard; negotiating party: Raul Porto; under negotiations: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj.) 11/25/08 -1 - 3. Government Code Section 54956.8 – Conference with real property negotiator Desi Alvarez re: property at 8845 Imperial Highway; negotiating party: Jim Kriss; under negotiations: price and terms of payment. RECONVENED: The meeting reconvened in Open Session at 7:33 p.m. Wth all Council Members/Commissioners present. There were no closed session actions to report. ADJOURNMENT: The meeting adjourned at 7:33 p.m. Mx£dy. ada%M (,'--:/.-Y //:}L DAVID R. GAFIN, oKATHLEEN L. MIDSTOKKE, City Clerk/Secretary City Council/Community Dev. Comm. Minutes (adj.) 11/25/08 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 25, 2008 The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., November 25, 2008, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor David R. Gafin presiding. PRESENT:Council Members: David R. Gaftn Mario A. Guerra Anne M. Bayer Rick Trejo Kirk O. Cartozian Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Edward W. Lee, City Attorney Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk Scott K. Pomrehn, Assistant Deputy City Manager Desi Alvarez, Deputy City Manager/Special Projects Linda Haines, Building Director Roy Campos, Police Chief Gilbert Livas, Deputy City Manager/Community Development John Michicoff, Finance Director John Perfitt, Economic Development Director Thad Phillips, Community Services Director Brian Ragland, Public Works Director Mark Sauter. Fire Chief Joyce E. Doyle, Chief Deputy City Clerk Other Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Bayer recognized the presence of Fay Campbell, her appointee to the Water Facilities Corporation and announced the City’s Holiday Tree Lighting Ceremony on December 8th at 6:00 p.m. Council Member Trejo thanked City staff for the Space Science Learning Center's recent dedication; and thanked City staff for their support of Downey Junior Athletic Association’s activities including flag football, which are types of events that showcase Downey’s beautiful parks. Council Member Cartozian noted the adjournment in memory tonight for Guy Sterner who recently passed away and reflected on some memories of him; and thanked the Council for his last regular meeting, noting he stepped down from the Orange Line Development Authority last week. Mayor Pro Tem Guerra thanked Council Members Cartozian and Trejo for their eight years of dedicated service to the City Council; reflected on memories of Guy Sterner; noted the State legislative Special Session adjourned today with no resolution for the fiscal crisis; congratulated his City Council Minutes 1 1/25/08 -1- daughter for being appointed team captain in water polo; and announced that he had attended Supervisor Don Knabe’s Annual State of County address last week in Long Beach. Mayor Gafin announced that Sunday, December 7th will be the Chamber of Commerce Annual Holiday Lane Parade; that next Tuesday will be the City Council reorganization meeting at 6:00 p.m.; read a letter from President Bush giving congratulations regarding the dedication of the Columbia Memorial Space Science Learning Center; and wished everyone a happy and safe Thanksgiving holiday. NON-AGENDA PUBLIC COMMENT: Dieter Oltersdorf, resident of Downey, referenced a letter he had written to the Downey Patriot regarding potholes in the area of Lubec Street and Paramount Boulevard, requesting the Council’s help and submitted pictures. Christina Chavez, student at Cerritos College, inquired what the City was doing in regards to communications to the citizens regarding disaster preparedness. (Inaudible name), student at Cerritos College, also inquired regarding communication to residents on disaster preparedness. City Manager Caton responded that he would be glad to meet with them. Mark Carpenter, resident of Downey, complained about cars parked near 8826 Manzanar Avenue owned by employees of Arthur's restaurant. Louis Davis, resident of Downey, also complained about the employees parking on Manzanar Avenue, indicated that the police have been out several times and requested that the Zoning Code be enforced. George Bustamante, resident of Downey, indicated that the City was forcing him to tear down his unpermitted fence. He submitted pictures and a letter from neighbor Benigno Aguilar requesting relief to allow the fence to stay. John Lacey, resident of Downey, wished everyone a Happy Thanksgiving, congratulated Mayor Gafin on his Council reelection and recited a poem for outgoing Council Members Cartozian and Trejo CONSENT ITEMS REMOVED: 5.APPROVE AGREEMENT WITH AvrEX, INC. FOR HOSTED MASS NOTIFICATION SERVICES AND APPROPRIATE FUNDS IN THE AMOUNT OF $15,000: Administration. This item was pulled at the request of Mayor Gafin and is listed under Other Business below 7.RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION: Administration. This item was pulled at the request of Mayor Pro Tem Guerra and is listed under Other Business below. 9.RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING SALARY INCREASES TO SPECIFIED EMPLOYEES (Executive, Middle Management and Confidential Exempt): Administration. This item was pulled at the request of Mayor Pro Tem Guerra and is listed under Other Business below. City Council Minutes 1 1/25/08 -2- CONSENT CALENDAR: It was moved by Council Member Trejo, seconded by Council Member Bayer and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 1.APPROVED CITY COUNCIL MINUTES: Adjourned Meetings November 10, 2008: City Clerk 2.APPROVED WARRANTS ISSUED: Warrant Nos. 236267-236545: Wire Nos. 30001790- 30001798 and 405-406; in the total amount of $4,012,879.00: Finance. 3.CASH CONTRACT NO. 656 – PHASE 3: SOIL REMEDIATION WORK AT 9255 IMPERIAL HIGHWAY (FORMERLY SPARTAN LACQUER): ACCEPTED THE WORK: Public Works. 4.RENEWED AGREEMENT WITH MS. MONICA BRADLEY, R.N.. TO PROVIDE IN- STATION CONTINUING EDUCATION AND QUALITY ASSURANCE PROGRAM FOR FIRE DEPARTMENT PERSONNEL IN THE AMOUNT OF $72,000: Fire. 6.BUILDING DIVISION REORGANIZATION: Building. Supplemental reorganization charts were distributed . A. ADOPTED RESOLUTION NO. 08-7088, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATIONS AND A SALARY RANGE FOR THE POSITION OF PRINCIPAL BUILDING INSPECTOR; B. APPROVED CHANGES IN THE STAFFING TABLE: ADDED PRINCIPAL BUILDING INSPECTOR, TWO BUILDING PERMIT TECHNICIANS; AND DELETED PLAN CHECKER/INSPECTOR AND SENIOR PERMIT TECHNICIAN; C. CANCELLED THE CONTRACTS FOR THE PART-TIME BUILDING PERMIT TECHNICIAN AND THE PART-TIME OFFICE CLERK; D. DELETED THE PART-TIME BUILDING PERMIT TECHNICIAN FROM THE 2008-09 BUDGET. 8.ADOPTED RESOLUTION NO. 08-7089, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATIONS. BENEFITS. AND SALARY RANGE FOR THE POSITION OF DEPUTY CITY MANAGER/PUBLIC SAFETY EMERGENCY OPERATIONS CHIEF: Administration. 10.ADOPTED RESOLUTION NO. 08-7090. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REDESIGNATION OF THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH AS THE LOCAL ENFORCEMENT AGENCY PURSUANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT, AND AMENDING RESOLUTION NO. 5536: Public Works. 11.PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM: Administration. A. ADOPTED RESOLUTION NO. 08-7091, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) FOR SAFETY EMPLOYEES; City Council Minutes 1 1/25/08 -3- B. ADOPTED RESOLUTION NO. 08-7092, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) FOR MISCELLANEOUS EMPLOYEES; C. ADOPTED RESOLUTION NO. 08-7093, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FOR TAX DEFERRAL ON EMPLOYEE PAID CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS). OTHER BUSINESS: 12.REMOVAL/APPOINTMENT TO THE PLANNING COMMISSION FOR COUNCIL DISTRICT TWO: Mayor Pro Tem Guerra. A. REMOVED STEPHEN ALLEN FROM THE PLANNING COMMISSION FOR COUNCIL DISTRICT TWO; B. ADOPTED RESOLUTION NO. 08-7094, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING APPOINTMENT OF ROBERT KIEFER TO THE PLANNING COMMISSION FOR COUNCIL DISTRICT TWO. Mayor Pro Tem Guerra thanked Stephen Allen for his years of dedicated service to the City and noted that with this change and two more appointments by the newly elected Council Members, there will be three new people on the Planning Commission. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian and unanimously carried to approve the removal and adopt the Resolution. 13.DISCUSSION AND DIRECTION REGARDING DISPLAY OF COMMUNITY THEMED PICTURES IN COUNCIL CHAMBER AND COMMUNITY ORIENTED COCA COLA DISPLAY IN THE CITY HALL LOBBY: Mayor Pro Tem Guerra. Mayor Pro Tem Guerra had a Power Point presentation with a sample of suitable pictures for the Council Chamber side walls. He requested Council support to approve the cost of framing1 noting that the pictures would be exchanged periodically. Council Member Cartozian inquired about the temporary display by Coca Cola. Mayor Pro Tern Guerra indicated that nothing had been settled and that Coca Cola has not committed to this concept yet It was moved by Mayor Pro Tem Guerra, seconded by Council Member Bayer and unanimously carried to allow the pictures in Council Chambers. Mayor Pro Tem Guerra clarified that the actual selection of about four pictures would go through the City Manager process. CONSENT ITEMS REMOVED: 5.APPROVED AGREEMENT WITH AvrEX, INC. FOR HOSTED MASS NOTIFICATION SERVICES AND APPROPRIATE FUNDS IN THE AMOUNT OF $15,000: Administration (This item was heard after Items # 7 and 9 but is listed in order for clarity.) Mayor Gafin questioned the particulars of the contract and how the numbers will be generated. Assistant Deputy City Manager Pomrehn explained features of the program and that there will be an original database of numbers as well as a promotion, such as inserts in the water City Council Minutes 1 1/25/08 -4- bills, to garner more numbers such as cell phones. He confirmed there would be a subscription feature in the system that would allow citizens to provide contact information. Council Member Cartozian questioned the number of user minutes allowed versus incidences and that the program needs to include the Internet. Assistant Deputy City Manager Pomrehn responded that there are a certain amount of minutes allowed per the contract, which could be negotiated. It was moved by Mayor Gafin, seconded by Council Member Cartozian and unanimously carried to approve a one year agreement with Avtex, Inc. for hosted mass notification services and appropriate funds in the amount of $15,000. 7.RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION: Administration. Mayor Pro Tem Guerra distributed a supplement for both Items 7 and 9, a review of the City’s sales tax revenue back to 1991. He noted the sales tax revenues for fiscal year 2007-08, second quarter, were $12,792,000 versus $13,191,000 for the previous fiscal year, approximately $400,000 1ess, and the new auto sales is about $275,000 1ess than previous fiscal year. This is the first time since 1991 that the City’s sales tax revenues have decreased. He continued that this item would be increasing certain positions as much as 7.5 percent as well as a 4 percent general increase to the contract, amounting to 1 1.5 percent for some positions. He stated he feels this is a terrible precedence to set during these difficult economic times. He stressed that it is the excellent employees that make the City what it is today. While he expressed he is not against pay raises for employees, he is against 1 1 .5 percent raises during these difficult times. Mayor Gafin noted that there are 14 positions which the City has frozen resulting in $1,000,000 available to offset the cost of $194,000 of the new agreement. He said the citizens and the employees they have contact with make the City of Downey. He concurred with Mayor Pro Tem Guerra these are very tough economic times and employees will have to work harder to compensate for less personnel. He stated the 1 1.5 percent proposed salary increase is to catch employees up who are underpaid and to get them at market level. At the request of Mayor Gafin, Assistant City Manager Powell explained that through attrition and with employees leaving the City, replacements have not been hired thus saving money. He agreed that sales tax revenues decline when the economy declines, and noted that property tax revenues were expected to be higher this year as they were conservatively projected in earlier estimates. He stated the City has the funds for the recommended pay increases. Council Member Bayer indicated support for bringing the positions up to the median range of pay and that the City is financially solvent at this time. Council Member Cartozian expressed that he agrees with Mayor Pro Tem Guerra and feels with the Country, State and County in such an economic flux, now is not the time to approve employee pay raises. Council Member Trejo expressed that he supports the salary increases for these employees saying Downey is a quality City that cares about their employees. He said he is concerned about the morale and productivity of the employees as work loads will be increasing. He stated the City has the funds for the salary increases now and he will be supporting this item. City Council Minutes 1 1/25/08 -5- It was moved by Council Member Bayer, seconded by Council Member Trejo to adopt the Resolution approving the Memorandum of Understanding with the Downey Public Safety Auxiliary Association. No action was taken on this, see substitute motion below. The following persons spoke regarding the matter: Dieter Oltersdorf Christina Chavez Inaudible, Los Angeles County employee Michael Hutchinson John Lacey Harold Tseklenis Noreen Kimura It as moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian and carried with Council Members Bayer and Trejo dissenting to approve the substitute motion to continue this item for a short period of time. 9 RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING SALARY INCREASES TO SPECIFIED EMPLOYEES (Executive, Middle Management and Confidential Exempt): Administration. Mayor Pro Tem Guerra explained that he feels the same principle applies to this item as the previous item concerning employee salaries and requested this matter also be continued. He expressed he is very proud of the management staff and feels they do an excellent job for the City. Council Member Cartozian reiterated his feelings that this was not the right time for salary increases and to be consistent with his vote on the previous item, he would not be supporting approval of management salary increases at this time. Council Members Bayer and Trejo said they would not be supporting the continuation of this item and felt these positions deserved the 4 percent requested salary increase now. Council Member Trejo said it is because of the excellent job management does for the City there is money in reserves Mayor Gafin expressed he has mixed feelings on this item as the request is for a 4 percent salary increase for this group, but to be consistent with his vote on the previous item and to see what was going to happen with the economy, he felt this matter should also be continued. City Attorney Lee announced that the meeting was recessing to Closed Session, the time being 8:59 p.m., to discuss potential litigation under this item. The meeting reconvened in open session at 9:22 p.m. with all Council Members present. There was no action to report. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian and carried with Council Members Bayer and Trejo dissenting to continue this item for a short period of time. STAFF COMMENTS: None City Council Minutes 1 1/25/08 ADJOURNMENT: The meeting adjourned at 9:28 p.m. to 7:30 p.m., December 1 , 2008; in memory of Guy Sterner, member of the Parking Place Commission, Project Area Committee and longtime resident; and Jerry Esteves, father of Police Captain Rick Esteves. %@4A4m££ZPea ,KATHLEEN L MIDSTOKKE :ity ,lerk )//§//‘ -DAVID R. G/tFfK-Mayor ( City Council Minutes 1 1/25/08