HomeMy WebLinkAboutMinutes - 10-27-09 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
OCTOBER 27, 2009
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., October27, 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:Gerald M. Caton, City Manager/Executive Director
Lee Powell, Assistant City Manager
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
Scott K. Pomrehn, Assistant Deputy City Manager
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None
APPROVED CLOSED SESSION MINUTES: October 13, 2009.
It was moved by Council Member/Commissioner Brossmer, seconded by Council
Member/Commissioner Marquez 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 54957.6 – Conference with labor negotiator Irma Youssefieh
re: direction for labor negotiations with Downey City Employees’ Association
Miscellaneous and Maintenance Units.
2. 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.
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3. Government Code Section 54956.9 (a) – Conference with legal counsel – existing
litigation: Downey Regional Medical Center – Hospital, Inc., U.S. Bankruptcy Court,
Central District, Case # LA09-34714BB.
RECONVENED:
The meeting reconvened in Open Session at 7:29 p.m. Qth all Counci
Members/Commissioners present.
City Attorney Lee announced that there are no reportable actions and noted that
Mayor/Chairperson Guerra did not participate in Closed Session item No. 3 due to a contict of
interest
ADJOURNMENT:
The meeting adjourned at 7:30 p.m.
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KATHLEEN L. MIDSTOKKE, City Clerk/Secretary MKRIO A. GUERRA, Nbyor/Chairperson
City Council/Community Dev. Comm. Minutes (adj.) 10/27/09 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
OCTOBER 27, 2009
The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., October 27,
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
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
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 Marquez noted that he attended the Grand Openings of Bob’s Big Boy and
the Columbia Memorial Space Science Learning Center (CMSSLC) last week.
Mayor Pro Tem Bayer announced that the City’s annual Pumpkin Patch will be held this
Saturday at Apollo Park from 5:00 – 9:00 p.m.
Council Member Gafin stated he attended the CMSSLC Grand Opening and the KABC 7
Town Hall meeting last week; the City hosted a HINI Flu Shot clinic today and distributed
approximately 2500 vaccinations; announced the annual Rotary/ARC Golf Tournament will be held
on Friday, November 6th and Saturday, November 7th the Chamber of Commerce will host a rock-n-
roll concert at the Downey Civic Theatre.
Council Member Brossmer thanked staff for their work on the Bob’s Big Boy and CMSSLC
grand openings; recognized school board members Bobbi Samperi and Nancy Swenson, and Kent
Halbmaier in the audience; and complimented Director Sauter on his efforts for getting the HINI Flu
Clinic in Downey.
City Council Minutes 10/27/09 -1-
Mayor Guerra reported that he attended the Southern California Edison energy rebate
presentation to Coca-Cola and served as Master of Ceremonies at the U.S. Army Officers panel at
the Staples Center; he serves on the board for True Lasting Connections; attended the new building
cornrnemoration at Downey High School honoring D. Mark Morris; gave a speech at Toastmasters
and attended the Employee recognition luncheon; spoke at Rio San Gabriel Elementary to the 4th
and 5th grade students regarding Character Counts program; will be going to Washington D.C.
tomorrow for Character Counts program; requested the Public Arts Committee use collected fees to
have a bust of John Gately Downey placed in the courtyard in front of City Hall; recommended that
staff look into ensuring that projects receiving Redevelopment funds use at least 10% of those funds
on local businesses; and requested the Learning Center subcommittee meet.
PRESENTATIONS:
Mayor Guerra presented the Mayor’s Diakonia (servant) Award to John Vincent.
Mayor Guerra presented a Proclamation declaring October as Character Counts Month.
Mayor Guerra presented a Certificate of Appointment to Kent Halbmaier, Traffic Committee,
Council District 2.
PUBLIC HEARINGS: None.
NON-AGENDA PUBLIC COMMENT:
John McAlister, resident of Downey, thanked Mayor Guerra for attending the Toastmasters
meeting and the City for their assistance with the Chamber of Commerce Holiday Lane Parade.
CONSENT ITEMS REMOVED:
4.APPROVE HOLIDAY LANE PARADE PERMIT FOR DECEMBER 6, 2009: Administration
This item was removed at the request of Mayor Guerra and is listed under Other Business
below
5.CASH CONTRACT NO. S.S. 599 – IMPERIAL HIGHWAY TRAFFIC THROUGHPUT AND
SAFETY ENHANCEMENTS – PHASE 2: APPROVE THE PLANS AND SPECIFICATIONS
AND GRANT AUTHORITY TO ADVERTISE FOR BIDS: Public Works. This item was
removed at the request of Mayor Guerra and is listed under Other Business below.
6.DOWNEY THEATRE HEATING, VENTILATION AND AIR CONDITIONING SYSTEM
REPLACEMENT: APPROVE AGREEMENT WITH ISHll ENGINEERING AND
APPROPRIATE $80,000 1N ENERGY BLOCK GRANT FUNDS: Public Works. This item
was removed at the request of Mayor Guerra and is listed under Other Business below
CONSENT CALENDAR:
It was moved by Council Member Brossmer, seconded by Council Member Marquez, and
unanimously carried to approve the Consent Calendar items as recommended:
1.APPROVED CITY COUNCIL MINUTES: Adjourned Meeting October 6, 2009; Regular and
Adjourned Meetings October 13, 2009; Special Meeting October 20, 2009: City Clerk.
City Council Minutes 10/27/09 -2-
2.APPROVED WARRANTS ISSUED: Warrant Nos. 244671 – 245028: Wire Nos. 513 – 519
and 30002006 – 30002014; in the total amount of $3,730,000.97: Finance.
3.APPROVED AGREEMENT WITH GLOBAL LEARNING, INC. FOR EVALUATION
SERVICES FOR THE AFTER SCHOOL PROGRAM FOR INFORMATION, RECREATION
AND EDUCATION (ASPIRE) PROGRAM IN THE AMOUNT OF $94,872: Community
Services
7.ADOPTED RESOLUTION NO. 09-7158, 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 (November 2009 – October 2010): Administration
8.ADOPTED RESOLUTION NO. 09-7159, 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 –
MISCELLANEOUS UNIT (November 2009 – October 2010) : Administration.
9.ADOPTED RESOLUTION NO. 09-7160, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION
AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED
DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1 A
RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN
OTHER ACTIONS IN CONNECTION THEREWITH: Finance.
10.ADOPTED RESOLUTION NO. 09-7161. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY TO ACCEPT A FEE AND WAIVE NINE (9) AUTOMOBILE PARKING
SPACES FOR EURO FRESH SALADS & MORE LOCATED AT 11126 DOWNEY
AVENUE: Community Development.
11.ADOPTED ORDINANCE NO. 09-1253, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING ARTICLE VI, CHAPTER 5. PART 1 1 OF THE DOWNEY
MUNICIPAL CODE REGARDING THE PLACEMENT AND OPERATION OF
PUBLICATION VENDING MACHINES (NEWSRACKS) ON CITY PROPERTY: Public
Works
ADMINISTRATIVE REPORTS:
12. PRESENTATION BY GREEN TASK FORCE: Administration.
A. ADOPTED RESOLUTION NO. 09-7162, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY PROCLAIMING THE THIRD THURSDAY OF DECEMBER AS
“ A DAY WITHOUT A BAG“ DAY.
Deputy City Manager Alvarez noted that the Green Task Force is requesting to partner with
Downey Unified School District (DUSD) to implement this program.
Lars Clutterham presented a Power Point presentation explaining that this program is
primarily educational to address the 380 billion plastic grocery bags that are thrown away each year.
Downey is responsible for approximately 65 million bags per year. He noted that the Green Task
Force is recommending a pilot program that will distribute 1 ,000 reusable grocery bags in
conjunction with DUSD, to elementary students. Students would be educated in the environmental
damages caused by throwaway bags and be encouraged to repeat the lessons to their parents.
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Mayor Guerra noted that at the Keep Downey Beautiful events kids are being educated
about pollution issues.
It was moved by Council Member Marquez, seconded by Mayor Guerra and carried, noting
the dissent of Mayor Pro Tem Bayer, to adopt the Resolution.
Prior to the vote Mayor Pro Tem Bayer inquired as to the cost of the program and how much
DUSD would be paying since it is a partnership. City Manager Caton responded that the program
will cost approximately $15,000 for 1 ,000 bags and that the City is applying for grants to fund the
program.
Mr. Clutterham noted that the local grocery stores will possibly purchase 200 bags each and
the committee is looking for other sponsors.
Council Member Brossmer stated that the cost of the bags is relatively cheap and asked
what the rest of the projected cost is and was told that it is for staff time to manage the program.
Council Member Gafin clarified that no funds would be coming out of the General Fund for
this program.
OTHER BUSINESS:
This item was discussed after item Nos. 4, 5 & 6 but is listed here for clarity.
13.CONSIDERATION OF ADOPTION OF A RESOLUTION PROCLAIMING FRESNILLO,
ZACATEC AS, MEXICO AS A SISTER CITY: Mayor Guerra.
A. ADOPTED RESOLUTION NO. 09-7163, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY PROCLAIMING THE CITY OF FRESNILLO, ZACATECAS,
MEXICO AS A SISTER CITY TO THE CITY OF DOWNEY, CALIFORNIA.
Mayor Guerra noted that he had received the request for this item from the Mayor of Fresnillo
and the Downey Sister Cities Association (DSCA) and that the DSCA had resolutions stating their
intent to accept them as a Sister City.
Mike Murray, DSCA president, explained the history of Sister Cities program and Downey's
involvement since the beginning. He mentioned that the goal of the organization is to become
affiliated with different cultures around the world.
Council Member Marquez noted he is pleased to welcome another Sister City.
Council Member Brossmer congratulated Mr. Murray on his recent appointment to the
presidency position.
It was moved by Council Member Marquez, seconded by Council Member Brossmer and
carried, noting the descent of Mayor Pro Tem Bayer, to adopt the Resolution.
ITEMS REMOVED:
4.APPROVED HOLIDAY LANE PARADE PERMIT FOR DECEMBER 6, 2009:
Administration.
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Mayor Guerra explained that he thinks the Holiday Lane Parade and the Chamber of
Commerce are both great, but he feels the committee running the parade is not cooperative with the
City and this needs to be addressed. He stated he cannot vote on this item due to incidents that
have occurred in the past two years.
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Bayer and carried,
noting the descent of Mayor Guerra, to approve the parade permit.
5.CASH CONTRACT NO. S.S. 599 – IMPERIAL HIGHWAY TRAFFIC THROUGHPUT AND
SAFETY ENHANCEMENTS – PHASE 2: APPROVED THE PLANS AND
SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS: Public
Works
Mayor Guerra noted that there are 3 separate landscape design themes for the medians
throughout the City and asked which concept was being used on Imperial Highway and was told the
low lying shrubs/desert theme. He then asked why the grass and trees that are on Paramount
Boulevard aren’t being used since it intersects with Paramount Boulevard and grass is cheaper to
install. It was explained that each major corridor in the City has its own theme and is supposed to
follow the street from one border to the other and that half of Imperial Highway had already been
done in this theme.
Council Member Gafin noted that costs were discussed previously as well as the themes and
were approved. He is opposed to changing the theme in midstream of the project and believes that
the uniformity from border to border is important.
Mayor Guerra stated that it is ugly and he was disappointed that it was on the Consent
Calendar as he feels the Council should discuss it. He believes continuing the theme set for
Paramount Boulevard provides more uniformity and that the citizens who live in the area should
have a say about it.
Council Member Gafin reiterated that the desert theme had already been established in
District 1 and should continue to the other border of the City.
It was moved by Mayor Guerra to approve with the change of landscape to the theme along
Paramount Boulevard. The motion died for lack of a second.
City Manager Caton noted that they could request staff to come back with the changes.
Director Ragland noted that if the project is delayed at this point, the City is at risk of loosing
$1.4 million in federal grant monies for this project.
Council Member Marquez noted that he likes the look on Paramount Boulevard but a
different theme was previously chosen and has been implemented along Imperial Highway, he feels
the consistency from border to border is important and recommend that it be approved as submitted.
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Bayer and carried,
noting the descent of Mayor Guerra, to approve and grant authority.
6.DOWNEY THEATRE HEATING, VENTILATION AND AIR CONDITIONING SYSTEM
REPLACEMENT: APPROVED AGREEMENT WITH ISHll ENGINEERING AND
APPROPRIATED $80,000 1N ENERGY BLOCK GRANT FUNDS: Public Works.
City Council Minutes 10/27/09 -5-
Mayor Guerra inquired as to how much savings there will be in energy and if this should have
gone to the subcommittee first. Director Ragland responded that he would get him that information.
City Manager Caton explained that grant funds were applied for at the request of the Council
and have been received, so the project needs to continue.
Council Member Gafin noted that the cost of repairs per year demands that the system be
replaced and that the subcommittee had reviewed this item.
It was moved by Mayor Guerra, seconded by Council Member Brossmer and unanimously
carried to approve the agreement.
STAFF COMMENTS: None
ADJOURNMENT:
The meeting adjourned at 8:55 p.m. to 6:30 p.m., November 10, 2009.
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KATHLEEN L. MIDSTOKKE, City Clerk MARIO A. GUERRA, Mayor
City Council Minutes 10/27/09