HomeMy WebLinkAboutMinutes - 12-15-08 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
DECEMBER 15, 2008
The City Council of the City of Downey held an Adjourned Regular Meeting at 7:00 p.m.,
December 15, 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. Brossrner
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. Pomrehn, Assistant Deputy City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Susan Dornen, Deputy City Clerk
Other Staff
It was moved by Council Member Gafin, seconded by Council Member Brossmer and
unanimously carried to add Closed Session Item No. 2 to the agenda, noting that the need arose
subsequent to the posting of the agenda and that there is need for immediate action.
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS:None.
RECESS TO CLOSED SESSION under the following authority:
Mayor Guerra announced the Council is recessing to Closed Session (7:02 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 Downey City Employees Association – Maintenance; and
Executive Management, Middle Management and Confidential/Exempt.
2. Government Code Section 54956.8 – Conference with real property negotiator Desi Alvarez
re: property at 8845 Imperial Highway; negotiating party: Richard Schraer; under
negotiations: price and terms of payment.
RECONVENE AND ANNOUNCE CLOSED SESSION ACTION:
The meeting reconvened in Open Session at 8:55 p.m. with all Council Members present.
There were no actions to report.
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COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Council Member Marquez wished everyone a Merry Christmas, Happy Holidays and a Happy
New Year
Council Member Gafin announced he completed his ethics training course and wished
everyone a Merry Christmas and a Happy New Year
Mayor Guerra noted he was happy to see all the employees and thanked everyone for their
hard work.
ADMINISTRATIVE REPORTS:
1.ADOPTED RESOLUTION NO. 08-7098, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION –
MAINTENANCE UNIT (November 2008 – October 2009): Administration.
Assistant City Manager Powell presented a staff report explaining that this document covers
the labor relations issues and this unit covers 56 positions within the City. He noted that this is a
one year agreement.
The following people spoke in support of this item:
Bob Bryan Doug Kelly
Mayor Guerra noted he is concerned that by taking action at this time it is not in the best
interest for the City. The country is in one of the worst economic situations in more than 50 years.
He believes the employees deserve raises, just not at this time.
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Bayer and carried,
noting the dissent of Mayor Guerra, to adopt the Resolution.
2.ADOPTED RESOLUTION NO. 08-7099, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY GRANTING SALARY INCREASES TO SPECIFIED EMPLOYEES
(Executive, Middle Management and Confidential Exempt): Administration.
Assistant City Manager Powell presented a staff report explaining that this Resolution covers
36 management positions and 5 exempt positions that are not covered under any other employee
association .
Council Member Gafin stated that he feels the management positions are key employees
that orchestrate business of the City. He noted that times are tough; however, this would probably
be the only increase these people will receive for the next 2 – 3 years. He continued that through
their efforts, the Council was able to grant the rest of the employees raises and that some of the
monies sitting in the reserve funds can be used to cover this.
Mayor Pro Tem Bayer noted her agreement with Council Member Gafin.
Council Member Marquez explained that while he respects the management employees, it is
the collaborative efforts of all employees that make Downey work. He continued that these are
tough economic times and that the three groups listed in this item need to be separated.
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Council Member Brossmer mentioned that he felt the previously approved contracts were
negotiated in good faith and needed to be honored. He doesn’t feel raises are appropriate use of
City funds at this time and noted that the bargaining units for the School District signed off on
negotiations this year. He stated that the Confidential Exempt employees should not be classified
with the management positions as they are more similar to the other employees.
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Council Member Gafin asked if the item can be postponed to the first meeting in January and
have the information broken down by each group to be looked at individually.
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Bayer and failed
noting the dissention of Council Members Brossmer and Marquez and Mayor Guerra to adopt the
Resolution.
It was moved by Council Member Brossmer, seconded by Council Member Marquez and
carried noting the dissent of Mayor Pro Tem Bayer, to amend and adopt the Resolution
approving the 4a/, increase for the Confidential Exempt employees only and adopting Section
2 as submitted.
Prior to the vote, City Manager Caton clarified that the Resolution be amended by deleting
Executive Management and Middle Management from Section 1 and adopting in Section 2 as
proposed.
NON-AGENDA PUBLIC COMMENT:
Bob Goldstein, resident of Downey, asked if the list of positions receiving raises is available
on the internet and was informed that it was posted with the agenda packet.
STAFF COMMENTS: None.
ADJOURNMENT: 9:22 p.m.
The meeting adjourned at 9:22 p.m. to 6:30 p.m., January 13, 2009, in memory of Una
Cardona, longtime Downey resident.
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KATHLEEN L. MIDS'FOKKE, City Clerk MARIO A. GUERRA, Mayor
City Council Minutes 12/1 5/08