Loading...
HomeMy WebLinkAboutMinutes - 12-09-08 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING DECEMBER 9, 2008 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., December9, 2008, 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: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. Pomrehn, 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: Mike Gaskins, Downey City Employees Association representative, requested that the agreement that had been reached on Item No. 2 be honored Miguel Vimadrosal (sp?), resident of Downey, stated that he has owed two businesses in Downey since the 1990's and believes that the Commission should offer incentives to businesses with proven track records instead of allotting all of the funds to one project. John Basadre, financial consultant, stated that he has worked with the previous speaker for years and they want to expand their business and could use Redevelopment Funds to do so. He questioned the wisdom of using all of the funds on one project. APPROVED CLOSED SESSION MINUTES: November 25, 2008. It was moved by Mayor Pro Tem/Vice-Chairperson Bayer, seconded by Council Member/Commissioner GaIn and carried noting the abstention of Council Member/Commissioner Brossmer, to approve. RECESSED TO CLOSED SESSION: Mayor/Chairperson Guerra 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 City Council/Community Dev. Comm. Minutes (adj.) 12/09/08 -1 - Government Code: 1. 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. 2. 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. RECONVENED: The meeting reconvened in Open Session at 7:36 p.m. ath all Council Members/Commissioners present. There were no actions to report. Mayor Guerra announced they would be returning to Closed Session following the Council Meeting. The meeting recessed at 7:36 p.m The meeting reconvened at 9:41 p.m. Wth all Council Members/Commissioners present and immediately recessed to Closed Session. The meeting reconvened in Open Session at 10:02 p.m. ®th all Council Members/Commissioners present. There were no Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 10:13 p.m 'IMzd W.+rbcJaIn fJ KATHLEEN L. MIDSTOKKE, City Clerk/Secretary W\RIO A. GUERRA, Mbyor/Chairperson City Council/Community Dev. Comm. Minutes (adj.) 12/09/08 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING DECEMBER 9, 2008 The City Council of the City of Downey held a Regular Meeting at 8:00 p.m., December 9, 2008, 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:Gerald M. Caton, City Manager Edward W. Lee, City Attorney Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk Scott K. Pornrehn, Assistant Deputy City Manager Desi Alvarez, Deputy City Manager/Special Projects Roy Campos, Police Chief Linda Haines, Building Director 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 Susan Domen, Deputy City Clerk Other Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Brossmer thanked staff for their work on the Downey Holiday Lane Parade, the Tree Lighting ceremony and the Mayoral Transition meeting. He also thanked Council Secretary Conte for her assistance in helping his transition to the Council. Council Member Marquez thanked everyone for electing him to the Council and noted his excitement and honor at being able to represent the City. He also thanked staff for their work on the Holiday Lane Parade and Tree Lighting ceremony. He wished everyone Happy Holidays. Mayor Pro Tem Bayer wished everyone a Merry Christmas, Happy Holidays and a better New Year. Council Member Ga bn thanked staff for their work on the Mayoral Transition meeting and the Tree Lighting ceremony and wished everyone a Happy Holiday Season and New Year. City Council Minutes 12/09/08 -1- Mayor Guerra noted this has been an exciting week. He stated that he wishes to split the Council Comment section of the meeting to the beginning, middle and end of the meetings so that Council has the opportunity to address issues brought up during the meeting. He also requested Council Members to note their approval of Council requests to give staff an idea of the direction the Council wants to take. He called for a strategy planning session with staff and the Council to address issues the City may be facing in the future. He noted that the City needs to tighten its belt and be fiscally responsible. He concluded that on Monday he attended an MTA meeting and Diane Dubuis from the City of Lakewood was elected as the new chairperson. PRESENTATIONS: Mayor Guerra presented Plaques of Recognition to retiring Design Review Board members Mayor Guerra presented a Certificate of Appointment to Robert Kiefer, Planning Commission, District Two. The Certificate of Recognition for the City’s Water Conservation Campaign was withdrawn. Mayor Guerra and Integrated Waste Coordinator Simmons presented awards to the participants and winners of the Used Oil Recycling Calendar Artwork Contest. The meeting recessed at 8:30 and reconvened at 8:37 with all Council Members present. PUBLIC HEARINGS: None. NON-AGENDA PUBLIC COMMENT: The following persons spoke in support of the adoption of the Downey Safety Auxiliary Association and the Downey City Employee Association-Maintenance Unit Memorandums of Understanding (MOU’s) that are pending with the City: Noreen Kimura Doug Kelly Robin Mahon Lee Cole Chris Travers Mary Lou Perez Gail Fitzgerald Lisa Fox Marisol Saenz Robert Bryan Kathleen Van Ray Elsa Van Lueven, resident of Downey, in addition to supporting the MOU’s with the employee associations questioned why there is a need for so many Deputy City Managers and if there would be a cut back on Plan Checkers since the building slowdown with the recession. She noted her concerns about the retirement funding for employees and corrected a previous statement she had made to Mayor Guerra stating her street had not been paved in 30 years instead of the 25 she had previously mentioned. She concluded by noting a concern of the danger on the Florence Avenue service road and the deterioration of the property at 10030 Lesterford . CONSENT ITEMS REMOVED: 7.CASH CONTRACT NO. 664A – FIRE STATION NO. 1 PERIMETER WALLS PROJECT: AWARDED CONTRACT IN THE AMOUNT OF $77,000 TO 1 D.C. CONSTRUCTION AND APPROPRIATED $29,700 FROM THE GENERAL FUND: Public Works. This item was withdrawn by staff. City Council Minutes 12/09/08 -2- CONSENT CALENDAR: It was moved by Mayor Pro Tem Bayer, seconded by Council Member Brossmer, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 1.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meeting November 251 2008: City Clerk. 2.APPROVED WARRANTS ISSUED: Warrant Nos. 236546-236783: Wire Nos. 30001799- 30001807; in the total amount of $2,825,094.76: Finance. 3.APPROVED CONTRACT WITH HF&H FOR SERVICES REGARDING NEGOTIATIONS FOR AMENDED CONTRACT WITH CALMET: Administration. 4.AUTHORIZED THE POLICE DEPARTMENT TO ENTER INTO A PARTICIPATION AGREEMENT WITH THE GLENDORA POLICE DEPARTMENT FOR THE “AVOID THE 100“ DUI TASK FORCE: Police. 5.AUTHORIZED THE CITY MANAGER TO RETAIN KFM ENGINEERING AND HENRY WOO ARCHITECTS, INC. TO PROVIDE AS NEEDED PROFESSIONAL SERVICES IN SUPPORT OF FEDERAL AND STATE FUNDING OPPORTUNITIES; Administration. 6.CASH CONTRACT NO. 656 – PHASE 3 B – SOIL REMEDIATION WORK AT 9255 IMPERIAL HIGHWAY, FORMERLY SPARTAN LACQUER: AWARDED CONTRACT IN THE AMOUNT OF $123,882.50 TO ENVIRONMENTAL ASSESSMENT AND REMEDIATION MANAGEMENT, INC., DBA EAR ENGINEERING CONSTRUCTION AND SUPPORT SERVICES FOR THE VAPOR EXTRACTION SYSTEM AND APPROPRIATE $37,000 1N GAS TAX FUNDS: Public Works. 8.FLORENCE AVENUE TRAFFIC SIGNAL COMMUNICATIONS SYSTEM PROJECT: Public Works A. APPROVED MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY; B. APPROVED AGREEMENT WITH ADVANTEC CONSULTING ENGINEERS, INC. FOR PREPARATION OF PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE AND BID DOCUMENTS IN THE AMOUNT OF $133,750; C. APPROPRIATED $155,000 1N PROPOSITION “C” LOCAL RETURN FUNDS. 9.ADOPTED RESOLUTION NO. 08-7096, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE ADMINISTRATIVE FINE SCHEDULE FOR VIOLATIONS OF THE DOWNEY MUNICIPAL CODE: Police. ADMINISTRATIVE REPORTS : 10.BANK OWNED AND ABANDONED REAL PROPERTY ORDINANCE: Administration A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 7 TO ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE REQUIRING REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED PROPERTY; City Council Minutes 12/09/08 -3- B, AUTHORIZED THE CITY MANAGER TO RETAIN SERVICES AS REQUIRED FOR THE MAINTENANCE OF VACANT RESIDENTIAL PROPERTIES. Deputy City Manager Alvarez presented a staff report explaining that the City has a 15% increase in default properties. Currently there are 1 100 homes in the foreclosure process with 750 being bank owned. During the period between the foreclosure and the selling of the property, the properties are not typically maintained in appropriate conditions. The Ordinance would require the beneficiary trustee to register the property with the City, maintain the property and inspect the property on a weekly basis. Mayor Guerra asked what percentage of homes does this represent and how does Downey compare to other cities. Staff responded that it is not a large number of homes; however, they are spread throughout the community. He then asked how the 15 mile determination was set and was told that it is felt that companies/owners outside of 1 5 miles would most likely hire a property manager to oversee the property. Council Member Brossmer noted that Congresswoman Roybal-Allard stated that Downey had the highest percentage in the areas she serves. He asked who the misdemeanor charges would be brought against on corporate owned properties and was told that the corporate representative would be charged, however, this is just one of the remedies available to use. Council Member Gafin explained that the City is trying to be proactive about the potential hazards that could arise from these properties and thanked staff for bringing this item so quickly. Mayor Pro Tem Bayer and Council Member Marquez noted their agreement that it is to approve the Ordinance at this time. It was moved by Council Member Gafin, seconded by Council Member Brossmer and unanimously carried to introduce the Ordinance and authorize services to be retained. OTHER BUSINESS: CONSENT ITEMS REMOVED: 7.CASH CONTRACT NO. 664A – FIRE STATION NO. 1 PERIMETER WALLS PROJECT: AWARDED CONTRACT IN THE AMOUNT OF $77,000 TO 1 D.C. CONSTRUCTION AND APPROPRIATED $29,700 FROM THE GENERAL FUND: Public Works. This item was withdrawn by staff. STAFF COMMENTS: City Manager Caton thanked the employees for coming and expressing their concerns and their trust in Mr. Powell. He noted that the philosophy of the City has always been that they give the employees all they can responsibly. He concluded by explaining that the reason for the creation of new positions in the City Manager’s office is to provide training to staff in preparation for the impending retirements of Mr. Powell, at the end of next year and himself in three years. Two of the positions will be eliminated after their departures. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS: Council Member Gafin noted that this is the last meeting of the year and requested that a Special Meeting be called to address the employee salary increases next week. City Council Minutes 12/09/08 -4- Council Member Brossmer asked if the salary issue could be resolved in tonight’s meeting and was told that the Council could recess back to Closed Session and then reconvene and add the item to tonight’s agenda as an Emergency Item by a 4/5ths vote. Council Member Marquez and Mayor Pro Tem Bayer agreed that the salary issue should be handled at tonight’s meeting. Mayor Guerra stated that he supports staff; however he has always been opposed to granting these salary increases at this time. He noted that Assistant City Manager Powell notified the Council tonight that the City will be in the red for the next two years and he feels that by granting these increases programs and staff will have to be cut in the future. He concluded that while he is compassionate with the employees needs, he does not feel this is being fiscally responsible. The meeting recessed to Closed Session at 9:41 p.m. and reconvened at 10:02 p.m. with all Council Members present. There were no actions to report. City Attorney Lee noted that there is consensus from the Council to add Closed Session Item No. 2 to the open meeting agenda this evening, noting that the need arose subsequent to the posting of the agenda and that there is need for immediate action. 11.ADOPTED RESOLUTION NO. 08-7097, 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. It was moved by Council Member Gafin, seconded by Council Member Marquez and carried noting the dissent of Mayor Guerra, to add the consideration of approval of a Memorandum of Understanding (MOU) with the Public Safety Auxiliary Association and consideration of a Resolution adopting the MOU with the Public Safety Auxiliary Association. Council Member Gafin noted that he feels this group deserves this increase as they do a terrific job and will be asked to do more in the future. It was moved by Council Member Gafin, seconded by Council Member Marquez and carried noting the dissent of Mayor Guerra, to approve the MOU and adopt a Resolution adopting the MOU with the Public Safety Auxiliary Association. Prior to the vote Mayor Guerra noted that he is happy the employees are getting their raises, however, he feels this in not being fiscally responsible for the City at this time. Council Member Marquez noted his appreciation and respect for the City employees. City Attorney Lee stated that there was another consideration to adjourn to another meeting to consider the MOU for the Maintenance staff and requested the Council to select a date. After discussion of the Council it was decided that this meeting will be adjourned to Monday, December 15th at 7:00 p.m. and directed staff to prepare documents for Closed Session and discussion of the Maintenance employee MOU as well as the Executive Management/Middle Management/Confidential Exempt. City Council Minutes 12/09/08 -5- The meeting adjourned at 10:13 p.m. to 7:00 p.m., December 15, 2008. /gZ ,.dada_ MARIO A. GUERRA, Mayor 44 mM:>/. KATHLEEN L. MIDSTOKKE, City Clerk City Council Minutes 12/09/08