HomeMy WebLinkAboutMinutes - 07-28-09 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JULY 28, 2009
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., July28, 2009, in the Council Chamberof 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
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. Pomehn, Assistant Deputy City Manager
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None.
APPROVED CLOSED SESSION MINUTES: July 14, 2009.
It was moved by Council Member/Commissioner Brossmer, seconded by Council
Member/Commissioner GaIn, noting the abstention of Mayor Guerra, and 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 54957.6 – Conference with labor negotiator Gerald Caton re:
direction for labor negotiations with Executive Management.
2. Government Code Section 54957 – Public employee performance evaluation: City
Manager.
RECONVENED:
The meeting reconvened in Open Session at 7:30 p.m. Wth all Council
Members/Commissioners present.
City Council/Community Dev. Comm. Minutes (adj.) 07/28/09 -1 -
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ADJOURNMENT:
The meeting adjourned at 7:30 p.m
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bARRIO A. GUERRA, RhylMIDSTOK}{Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj.) 07/28/09 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 28, 2009
The City Council of the City of Downey held a Regular Meeting at 7:31 p.m., July 28, 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:Gerald M. Caton, 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:
Council Member Brossmer announced he is on the board of the American Red Cross and
attended a meeting in Whittier; reported that he attended a Neighborhood Watch meeting; visited
Fire Station No. 1 and went on a ride-a-along today; and announced that the Certificate of
Occupancy was issued for the Columbia Memorial Space Science Learning Center.
Council Member Gafin mentioned that BJ’s Restaurant & Brewery will be opening next week;
the following week Walgreen’s and Kaiser will be opening on September 15th.
Mayor Pro Tem Bayer recognized Water Facilities Corporation member, Fay Campbell in the
audience; noted she attended the BJ’s testing event; and announced the Ribbon Cutting for BJ’s will
be Thursday at 10:45 a.m.
Council Member Marquez recognized Kim Tashiki, representative for Congress Member
Roybal-Allard; Joseph Lagaspi, representative for Assembly Member Calderon; and Mike Holland,
representative for Assembly Member De La Torre in the audience; and announced that last
Thursday he hosted a meet and greet event for Assembly Member Calderon.
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Mayor Guerra announced he attended a couple of Neighborhood Watch meetings; noted that
last week was the 40th anniversary of the Apollo landing and that NASA recently appointed it’s first
Cuban American astronaut; recognized that Rachel Caton, daughter of City Manager Caton had
been named the 2009 Intern by the PAC 10; recognized former Council Member Keith McCarthy in
the audience; announced that the City had enacted the Reverse 911 system for the first time today;
noted that in a June 2009 FBI report it stated that crimes are down 14%, the number of arrests are
up 7%, and vehicle citations are up 4%; mentioned that while the State will be borrowing Prop 1 A
monies from the City, they will not be taking the Gas Tax monies; and reported he attended a Water
Replenishment District Board meeting as well as a California Contract Cities meeting.
PRESENTATIONS:
Mayor Guerra along with Katrin McCarthy, helper Martha Michael, Congress Member
Roybal-Allard’s representative Kim Tachiki and Assembly Member De La Torre's representative
Mike Holland, presented Proclamations to Parents of the Year 2009: Charles and Melody Gregorio,
Warren High School; and David Amatisto and Michelle Gill, Downey High School. (This item was
taken out of order)
Mayor Guerra presented a City pin to Daniel Rodriguez for his service in the United States
Army
Mayor Guerra presented a Certificate of Appreciation to former Chamber of Commerce
President, Rick Rodriquez, for receiving the Latin Business Association Business of the Year Award .
Council Member Marquez presented Certificates of Appointment to: Mario Trujillo, Art in
Public Places Committee; Ernest Garcia, Water Board; and Jack Horvath, Personnel Board.
PUBLIC HEARINGS: None.
NON-AGENDA PUBLIC COMMENT:
Vivian Palencia, resident of Downey, noted that she has to leave and wanted to speak her
concerns on Agenda Item No. 12. She loves the program the City has and is concerned with the
YMCA taking over and noted that the parents were never notified this was happening.
John Lacey, resident of Downey, suggested the City look into cloud computing for cost
savings and faster access to City records.
CONSENT ITEMS REMOVED:
6.APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT GRANT
AGREEMENTS WITH A COMBINED ALLOCATION OF $140,000 1N COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS: Community Development. This item was
removed at the request of Mayor Guerra and is listed under Other Business below.
A. ARC OF SOUTHEAST L.A. COUNTY: $11,500;
B. DOWNEY UNIFIED SCHOOL DISTRICT: $34,400;
C. RIO HONDO TEMPORARY HOME: $17,500;
D. SO. CALIFORNIA REHABILITATION SERVICES: $77,000
City Council Minutes 07/28/09 -2-
7.ADOPT RESOLUTION NO. 09- . A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING SALARY RANGES AND CLASS SPECIFICATIONS FOR
THE POSITIONS OF BUDGET ANALYST AND FIRE PREVENTION TECHNICIAN AND
ADJUSTING THE SALARY RANGE FOR THE POSITION OF FINANCE DIRECTOR:
Administration. This item was removed at the request of Mayor Pro Tem Bayer and is listed
under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Brossrner, seconded by Council Member Gafin, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
1.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings July 14, 2009:
City Clerk.
2.APPROVED WARRANTS ISSUED: Warrant Nos. 242347 – 242709; Wire Nos. 471 – 478
and 30001943; 30001952 – 30001960; in the total amount of $8,919,276.67: Finance.
3.CASH CONTRACT NO. S.S. 590 – PARAMOUNT BOULEVARD FIBER-OPTIC
COMMUNICATION SYSTEM – APPROVED WIRELINE CROSSING AGREEMENT WITH
UNION PACIFIC RAILROAD AUTHORIZING THE CITY’S INSTALLATION OF CONDUITS
AND FIBER-OPTIC CABLES ALONG RIGHT-OF-WAY ON PARAMOUNT BOULEVARD
AND APPROVED LICENSE FEE IN THE AMOUNT OF $14,525: Public Works.
4.CASH CONTRACT NO. S.S. 615 – APPROVED A UNIT PRICE CONTRACT WITH ALL
AMERICAN ASPHALT. INC. FOR ON-CALL STREET AND CONCRETE REPAIRS AND
MINOR PUBLIC WORKS IMPROVEMENTS: Public Works.
5.APPROVED 2ND AMENDMENT TO AGREEMENT WITH CITY OF LOS ANGELES FOR
GRANT ADMINISTRATION OF TRAINING FUNDS: Fire.
8.ADOPTED RESOLUTION NO. 09-7147, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY UPHOLDING AN APPEAL, THEREBY MODIFYING THE PLANNING
COMMISSION’S APPROVAL OF PLANNED SIGN PROGRAM NO. 08-76. AND
APPROVING THE LOCATION AND APPEARANCE OF THE SIGNS WITHIN A MULTI-
TENANT COMMERCIAL SHOPPING CENTER ON PROPERTY AT 9200-9250
LAKEWOOD BOULEVARD AND 9009-9027 GALLATIN ROAD AND ZONED C-2
(GENERAL COMMERCIAL): Community Development.
9.ADOPTED ORDINANCE NO. 09- 1247, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTION 3155.2 OF THE DOWNEY MUNICIPAL CODE
RELATING TO THE DESIGNATION OF ANGLED PARKING ON CLARK AVENUE
BETWEEN JAMES STREET AND LAKEWOOD BOULEVARD: public Works.
10.ADOPTED ORDINANCE NO. 09-1248. AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING CODE AMENDMENT NO. 06-120 REV “A”. THEREBY
AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE
(ZONING): Community Development.
11.ADOPTED ORDINANCE NO. 09-1249. AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DISSOLVING VEHICLE PARKING DISTRICT NO. 1: public Works.
City Council Minutes 07/28/09 -3-
ADMINISTRATIVE REPORTS :
12.TERMINATED LEASE WITH THE DOWNEY UNIFIED SCHOOL DISTRICT (DUSD) AND
APPROVED LEASE AGREEMENT WITH YOUNG MEN’S CHRISTIAN ASSOCIATION
(YMCA) OF METROPOLITAN LOS ANGELES FOR THE USE OF THE CITY’S PORTABLE
MODULARS LOCATED IN FURMAN PARK (10419 RIVES AVENUE) FOR THE
OPERATION OF A LICENSED CHILD CARE CENTER: Community Services.
Mayor Guerra noted he will be abstaining from this item due to a potential conflict of interest
as he serves on the board for the YMCA. Council Member Marquez noted that he will also be
abstaining for the same reasons and they both left the dais at 8:23 p.m.
Community Services Director Phillips presented a Power Point presentation explaining that
the YMCA is requesting the use of the modulars at Furman Park and the City will terminate the lease
with the school district that currently operate after school programs. He noted this will reduce the
City’s exposure to risk; the YMCA has provided childcare services for over 30 years; all staff will be
offered an opportunity to continue in their current positions; it will be a 5 year lease to the YMCA for
the use of the portable modulars at Furman Park; and it will relieve the Social Services Manager to
be able to fill in and accept duties by recently departed staff.
Tod Corin, YMCA representative, stated that they are excited to take over these sites and will
offer longer care hours. He noted that financial assistance is available to families that cannot afford
the fees and that the YMCA is offering all current City site staff the opportunity to apply for YMCA
positions.
Mayor Pro Tem Bayer noted that the City's program was started to assist lower income
families and is happy that the YMCA will be assisting them.
Connie Quintero, parent of student, stated she has loved the City’s program and is
apprehensive about the YMCA taking over the childcare at these sites. She noted that the parents
were not notified and they are willing to assist the City in keeping their program going. She
requested that the item be tabled so that proper notification to the parents and a different solution
could be discussed.
Clay McDonald, parent of student, noted that he only has 3 weeks to find new daycare for his
child as his experiences in the past with the YMCA were unsatisfactory.
Council Member Brossmer stated he understands the concerns of the parents, however, the
additional hours of daycare and the reputation of the YMCA make him support the change.
Council Member Gafin noted that the intent is to have current employees switch to the
YMCA’s employment to give consistency to the children in the program.
Mayor Pro Tem Bayer explained that she understands the parents concerns and is proud of
the City’s program and while she has not had the experiences with the YMCA she notes that they
have experience in childcare.
It was moved by Council Member Gafin, seconded by Council Member Brossmer and
unanimously carried (3/0) to approve the lease termination with DUSD and the lease with the
YMCA
13.RESIDENCY RESTRICTIONS FOR SEX OFFENDERS; City Attorney.
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A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING CHAPTER 9 TO ARTICLE III,
RELATING TO RESIDENCY RESTRICTIONS FOR SEX OFFENDERS: City Attorney.
This item was taken first, but is listed in order for clarity.
City Attorney Lee noted that this Ordinance would impose greater restrictions than State laws
currently do in regards to the loitering and residing within proximity of child safety zones throughout
the community.
It was moved by Mayor Guerra, seconded by Council Member Marquez and unanimously
carried to introduce the Ordinance.
14.DOWNEY REGIONAL MEDICAL CENTER – AMENDMENT TO LEASE: City Attorney.
A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 5(A), 6(E) AND 17 (A)(iv) OF THE LEASE WITH THE DOWNEY
COMMUNITY HOSPITAL FOUNDATION, NOW DOWNEY REGIONAL MEDICAL CENTER
(DRMC), TO ALLOW FOR HOSPITAL ACCREDITATION BY A FEDERAL-AUTHORIZED
ACCREDITING BODY AND INCORPORATING BY REFERENCE THE AMENDMENT OF
LEASE: City Attorney.
Council Member Marquez returned to the dais, the time being 8:44 p.m.
City Attorney Lee noted that Mayor Guerra is recusing himself due to a financial conflict of
interest. He explained that this Ordinance will amend the existing lease with DRMC and allow for
their accreditation to be provided by Det Norske Veritas Healthcare, Inc. (DNV) or any federally
authorized accreditation companies.
Council Member Gafin questioned if these private companies must follow the same
accreditation guidelines as the previous ones and was told yes.
It was moved by Council Member Gafin, seconded by Council Member Brossmer and
unanimously carried (4/0) to introduce the Ordinance.
Mayor Guerra returned to the dais, the time being 8:49 p.m.
OTHER BUSINESS:
CONSENT ITEMS REMOVED:
6.APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT GRANT
AGREEMENTS WITH A COMBINED ALLOCATION OF $140,000 1N COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS: Community Development.
A. ARC OF SOUTHEAST L.A. COUNTY: $11,500;
B. DOWNEY UNIFIED SCHOOL DISTRICT: $34,400;
C. RIO HONDO TEMPORARY HOME: $17,500;
D. SO. CALIFORNIA REHABILITATION SERVICES: $77,000
Mayor Guerra asked if all of the original groups discussed were receiving funds and it was
explained that they are; however they don’t all get processed at the same time.
City Council Minutes 07/28/09 -5-
It was moved by Mayor Guerra, seconded by Council Member Brossmer and unanimously
carried to approve.
7.ADOPTED RESOLUTION NO. 09-7146, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING SALARY RANGES AND CLASS SPECIFICATIONS FOR
THE POSITIONS OF BUDGET ANALYST AND FIRE PREVENTION TECHNICIAN AND
ADJUSTING THE SALARY RANGE FOR THE POSITION OF FINANCE DIRECTOR:
Administration
Mayor Pro Tem Bayer noted her apologies to the Middle Management group and asked for
clarification that this Resolution will create 2 new positions of which 1 will remain frozen and the
other will be combining job duties for an existing employee, and 2 people will receive raises and was
told that yes, this is correct.
Mayor Guerra explained that he has voted against raises since last year and will continue to
do so; however, the Finance Director is taking on new duties such as preparing the budget and
receives awards for his work and therefore he will be voting in favor of this.
City Manager Caton noted that the Finance Director did not receive the cost of living increase
as all management positions did not; however there is a change in his duties as well as the other
employee and they should have pay scale increases to match those duties.
Council Member Gafin asked if the amounts of the increases were anticipated in the budget
and was told yes.
It was moved by Council Member Brossmer, seconded by Council Member Gafin and
carried, noting the dissent of Mayor Pro Tem Bayer, to adopt the Resolution.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Mayor Guerra requested the curbs at the intersection of Rundell Street and Old River School
Road be painted red.
STAFF COMMENTS:
City Manager Caton noted that the City of Downey has been fortunate that good leadership
in the past has built up good budget reserves; however, the continued economy drops will affect the
City. He thanked the employees for keeping up services for the citizens with 30 frozen positions and
cutting cost where feasible.
ADJOURNMENT:
The meeting adjourned at 8:59 p.m. to 6:30 p.m., August 1 1 , 2009, in memory of Byrna
“Birdie“ Lowenthal, mother of State Senator Alan Lowenthal.
T\ fn .. at
KATHC,EEN C. MIDSTOKKE, City Clerk
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.6City Council Minutes 07/28/09