HomeMy WebLinkAboutMinutes - 08-11-09 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
AUGUST 11, 2009
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., August 1 1, 2009, in the Council Charnberof 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
Mark Sauter, Deputy City Manager/Emergency Services
Scott K. Pomrehn, Assistant Deputy City Manager
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None.
APPROVED CLOSED SESSION MINUTES: None.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Guerra announced the Council/Commission is recessing to Closed
Session (6:30 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1. Government Code Section 54957 – Public employee performance evaluation: City
Manager, City Attorney and City Clerk.
RECONVENED:
The meeting reconvened in Open Session at 7:30 p.m. ®th all Council
Members/Commissioners present. There were no reportable actions taken.
City Council/Community Dev. Comm. Minutes (adj.) 08/1 1/09 -1 -
ADJOURNMENT:
The meeting adjourned at 7:30 p.m.
qwIldi)Y. %2AZi44z>
KATHLEEN L. MIDSTOKKE, City Clerk/Secretary W\RIO A. GUERRA, Mbyor/Chairperson
City Council/Community Dev. Comm. Minutes (adj.) 08/11/09 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 1 1, 2009
The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., August 1 1,
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
Mark Sauter, Deputy City Manager/Emergency Services
Scott K. Pomrehn, Assistant Deputy City Manager
Roy Campos, Police Chief
John IMichicoff, Finance 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 thanked Congress Member Roybal-Allard for the foreclosure fair
she hosted at Downey High School where there were over 300 people in attendance.
Council Member Gafin attended a conference hosted by Senator Lowenthal and Southern
California Air Quality Management District on upgrading technology.
Council Member Marquez recognized his cousins from Alberta Canada in the audience; and
noted he attended the League of California Cities meeting where they installed the new President.
Mayor Pro Tem Bayer announced the Downey Symphony will be performing at the Concerts-
in-the-Park series tomorrow evening; recognized City Clerk Midstokke’s recent achievement of
obtaining her Master Municipal Clerk certification; noted the Police Department will be holding their
Citizens Academy starting Wednesday, September 2-d; and announced that BJ’s Restaurant &
Brewery is now open.
City Council Minutes 08/1 1/09 -1-
Mayor Guerra recognized his wife and 2 sons in the audience; congratulated Deputy City
Manager Alvarez on a Press Telegram article regarding the $10 million grant he was instrumental in
obtaining for the Los Angeles Gateway Region Integrated Regional Water Management Joint
Powers Authority; noted he toured the Bob's Big Boy property with Assistant Deputy City Manager
Pomrehn today; mentioned he attended the Water Replenishment District meeting last week;
complimented Social Services Manager Salazar on her efforts towards the Concerts-in-the-Park
series each week; announced the City will be receiving a small grant from U.S. Census Bureau for
use on the next census and encouraged everyone to participate in the census count; and stated he
attended a Green Task Force meeting last week and they are anxious to get programs going.
PRESENTATIONS:
Mayor Guerra presented the Mayor's Diakonia Award to Gene Dalugdug.
Mayor Guerra presented a Certificate of Recognition to Mary Bakjian, founder of So CA USA
Track and Field, upon her retirement.
Mayor Guerra and Deputy City Manager Sauter presented Certificates of Recognition to
Downey High School Girl’s Cross-Country Team for their heroic efforts.
PUBLIC HEARINGS:
1.FEES FOR SOLAR PERMITS: Community Development.
A. ADOPT RESOLUTION NO. 09- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING RESOLUTION NO. 09-7139, RELATING TO THE
FEES CHARGED FOR THE INSTALLATION OF SOLAR ENERGY SYSTEMS.
Mayor Guerra opened the Public Hearing at 8:03 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Counci
Member Gafin and so ordered to receive and file.
Director of Building Haines presented a staff report noting that the Sierra Club conducted a
survey of 250 cities permit fees and Downey’s fees were among the highest of the surveyed cities.
She explained that the current fee system is based on the costs of plan review, plan re-checks and
inspections having to do with installation. During Fiscal Year 2008/2009 8 permits were issued. It is
being suggested that the costs for permit fees be reduced by 50% placing Downey in the middle
range of the surveyed cities. She concluded that the revised fees will not fully cover the costs for
plan reviews and inspections but will assist in encouraging residents and business owners in
installing renewable energy systems.
Mayor Guerra asked for clarification on the differences in the fees and was told that the fees
are based on the actual cost of the job. He noted that he wants the City to encourage the use of
renewable energy and he would like to see our fees towards the bottom of the surveyed cities.
It was moved by Council Member Brossmer, seconded by Council Member Gafin and was so
ordered to close the Public Hearing the time being 8:10 p.m.
Council Member Marquez explained that he feels the fee should be a flat fee such as the
$200 Pasadena charges.
City Attorney Lee explained that the cost is an average based on fluctuation.
City Council Minutes 08/1 1/09 -2-
It was so ordered by the Mayor to direct staff to re-evaluate the fees and bring back an
amended Resolution.
NON-AGENDA PUBLIC COMMENT:
Dan Cristea, resident of Downey, turned in a letter for the Council to City Clerk Midstokke
who distributed regarding an article on Seal Beach displaying motto “In God We Trust” in Council
Chambers and suggested Downey follow 47 cities in the State that display this motto.
William Parker, resident of Downey, mentioned they put in solar 6-8 months ago and it is
very expensive. He expressed lowering of fees will be a help to those in the future.
Chuck Ana, resident of Downey, spoke in regards to the passing of Richard B. Pridham.
CONSENT ITEMS REMOVED:
4.APPROPRIATE $2,101.46 FROM THE ASSET FORFEITURE FUND TO PROVIDE EIGHT
NEW CHAIRS FOR THE POLICE REPORT ROOM: Police. This item was removed at the
request of Mayor Guerra and is listed under Other Business below.
8.APPROVE GREEN TASK FORCE’S RECOMMENDATION TO SPONSOR “GARDENING
WITH BLUE” A DROUGHT TOLERANT GARDENING WORKSHOP: Administration. This
item was removed at the request of Mayor Guerra and is listed under Other Business below.
11.RESIDENCY RESTRICTIONS FOR SEX OFFENDERS: City Attorney. This item was
removed at the request of Mayor Guerra and is listed under Other Business below.
A. ADOPT ORDINANCE NO. 09- . 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.
12.DOWNEY REGIONAL MEDICAL CENTER – AMENDMENT TO LEASE: City Attorney. This
item was removed at the request of Mayor Guerra and is listed under Other Business below.
A. ADOPT ORDINANCE NO. 09- . 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, TO ALLOW FOR HOSPITAL ACCREDITATION BY A
FEDERAL-AUTHORIZED ACCREDITING BODY AND INCORPORATING BY
REFERENCE THE AMENDMENT OF LEASE.
CONSENT CALENDAR:
It was moved by Mayor Po Tem Bayer, seconded by Council Member Brossmer, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
2.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings July 28, 2009:
City Clerk.
3.APPROVED WARRANTS ISSUED: Warrant Nos. 242710 – 243110: Wire Nos. 479 – 487
and 30001961 – 30001969; in the total amount of $5,631,788.33: Finance.
City Council Minutes 08/1 1/09 -3-
5.APPROVED AGREEMENT WITH FAIR HOUSING FOUNDATION IN THE AMOUNT OF
$15,600 TO PROVIDE FAIR HOUSING SERVICES FOR FISCAL YEAR 2009-10:
Community Development.
6.APPROVED AGREEMENT WITH COUNTY OF LOS ANGELES FOR THE
DISBURSEMENT OF 2008 STATE HOMELAND SECURITY (HSGP) GRANT FUNDS;
ACCEPTED AND APPROPRIATED $179,881 FOR VARIOUS PROJECTS: Fire.
7.CASH CONTRACT NO. S.S. 604 – OLD RIVER SCHOOL ROAD IMPROVEMENTS:
ACCEPTED THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY; APPROVED
THE FINAL CONSTRUCTION AMOUNT OF $695,310.65; AND REALLOCATED
$139,544.09 FROM S.S. 601 – PARAMOUNT BOULEVARD AT FIRESTONE
BOULEVARD INTERSECTION IMPROVEMENT PROJECT AND $8,846.05 FROM S.S.
601 TO THE OLD RIVER SCHOOL ROAD AT MULLER STREET/RIO HONDO GOLF
CLUB TRAFFIC SIGNAL PROJECT (S.S. 578); Public Works.
9.APPROVED MEMORANDUM OF AGREEMENT WITH SAN GABRIEL COUNCIL OF
GOVERNMENTS (COG) FOR THE DEVELOPMENT OF A COORDINATED
IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES
METALS TOTAL MAXIMUM DAILY LOAD: Administration.
10.ADOPTED RESOLUTION NO. 09-7148, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN
OBSOLETE RECORDS OF THE CITY CLERK’S DEPARTMENT: City Clerk.
ADMINISTRATIVE REPORTS:
13.FINALIZED THE DESIGN. IMPLEMENT FABRICATION. AND PLAN FOR INSTALLATION
OF MILITARY BANNERS; AND APPROPRIATED $4,500: Administration.
Assistant Deputy City Manager Pomrehn presented a staff report asking for the approval of
the design and implementation of the Military Banner Program and appropriate funds. He noted that
16 applications have been received, 13 are approved and 1 does not qualify. He concluded that
$1,000 had been received from Elite Concrete Construction in addition to the $1,300 in donations
already received.
Council Member Brossmer noted that a separate honor is being planned for those soldiers
that lost their lives and that these banners are for those currently serving.
Council Member Gafin questioned if the Council will see the design and have final approval
before they are ordered and was told yes.
It was moved by Mayor Guerra, seconded by Council Member Gafin and unanimously
carried to approve.
OTHER BUSINESS:
14.ADOPTED RESOLUTION NO. 09-7149, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY DESIGNATING COUNCIL MEMBER LUIS MARQUEZ
AS THE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE, SEPTEMBER 16-18, IN SAN JOSE: Mayor Guerra.
City Council Minutes 08/1 1/09 -4-
It was moved by Mayor Guerra, seconded by Council Member Gafin and unanimously
carried to adopt the Resolution.
15.APPROVED AMENDMENT TO THE 2009 INTER-GOVERNMENT COMM11-rEE
ASSIGNMENTS, REMOVING COUNCIL MEMBER MARQUEZ AS THE PRIMARY
REPRESENTATIVE FOR THE SOUTHEAST WATER COALITION AND
APPOINTING COUNCIL MEMBER BROSSMER AS THE PRIMARY
REPRESENTATIVE: Mayor Guerra.
Mayor Guerra explained that Council Member Marquez has a conflict with the time of the
meetings.
It was moved by Mayor Guerra, seconded by Council Member Marquez and unanimously
carried to approve the amendment.
1 6.REPORTING OF STATUS OF CITY COUNCIL REQUESTS: Mayor Guerra.
Mayor Guerra explained that when a Council Member request is completed that the entire
Council would like notification as opposed to just the Council Member that requested it. He
distributed a sample of another city’s assignment list.
Council Member Brossmer noted his agreement.
17.REPORTING OF STATUS OF CITY COUNCIL 2009 ADOPTED GOALS: Mayor Guerra.
Mayor Guerra noted that 6 of these items are currently being worked on, and requested that
the item be brought back for review and updates.
City Manager Caton suggested that it be combined with an upcoming Master Sewer Plan
study session and that dates could be discussed at the next Council meeting.
18.CREATION OF “BRANDING” CITY COUNCIL TEMPORARY SUBCOMMITTEE: Mayor
Guerra
Mayor Guerra noted that this was Item No. 10 on the Council goals and would like the
creation of a subcommittee to start discussions on the matter. He recommends that Council
Member Brossmer and himself serve on the subcommittee.
It was moved by Mayor Guerra and so ordered to create a subcommittee.
CONSENT ITEMS REMOVED: For the sake of consistency in reporting the following section is
listed in order even though the items were heard prior to Items Nos. 14-18.
4.APPROPRIATED $2,101.46 FROM THE ASSET FORFEITURE FUND TO PROVIDE
EIGHT NEW CHAIRS FOR THE POLICE REPORT ROOM: Police.
Mayor Guerra asked for clarification on why certain items come to Council for approval and
what the balance of the Asset Forfeiture fund is and was told that staff has authority for purchases
City Council Minutes 08/1 1/09 -5-
under $5,000, all others have to go to Council and the balance of the fund is approximately $5
million dollars.
It was moved by Council Member Gafin, seconded by Council Member Brossmer and
unanimously carried to approve.
8.APPROVED GREEN TASK FORCE’S RECOMMENDATION TO SPONSOR “GARDENING
WITH BLUE” A DROUGHT TOLERANT GARDENING WORKSHOP: Administration.
Mayor Guerra noted that the Green Task Force is eager to promote programs and there will
be no cost to the City to sponsor the event.
It was moved by Mayor Guerra, seconded by Council Member Brossmer and unanimously
carried to approve.
11.RESIDENCY RESTRICTIONS FOR SEX OFFENDERS; City Attorney.
A. ADOPTED ORDINANCE NO. 09-1250, 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.
Mayor Guerra noted he was surprised to learn of the lack of restrictions in Megan’s Law and
explained that this Ordinance will provide extra restrictions to the 108 offenders living in Downey.
It was moved by Mayor Guerra, seconded by Council Member Gafin and unanimously
carried to adopt the Ordinance.
Prior to the vote, John Lacey, resident of Downey, suggested that the City make the State
Department of Corrections aware of our City Ordinance.
12.DOWNEY REGIONAL MEDICAL CENTER – AMENDMENT TO LEASE: City Attorney.
A. ADOPTED ORDINANCE NO. 09-1251, 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, TO ALLOW FOR HOSPITAL ACCREDITATION BY A
FEDERAL-AUTHORIZED ACCREDITING BODY AND INCORPORATING BY
REFERENCE THE AMENDMENT OF LEASE.
Mayor Guerra noted he will be abstaining from this item due to a potential conflict of interest
for financial reasons.
It was moved by Council Member Brossmer, seconded by Council Member Marquez and
carried, noting the abstention of Mayor Guerra, to adopt the Ordinance.
STAFF COMMENTS:
City Manager Caton commented that Mr. Pridham was the first person he met in City when
he started here; and he was a very sincere and concerned citizen who will be missed.
City Council Minutes 08/1 1/09 -6-
ADJOURNMENT:
The meeting adjourned at 8:56 p.m. to 6:30 p.m., August 25, 2009, in memory of Richard
Pridham, longtime Downey resident; and Cira Garces, longtime Downey resident.
dMA&„)#.%'zzaMa>.d\
Z)/7.
/Uk:
KATHLEEN L. MIDSTOKKE, City Clerk
City Council Minutes 08/1 1/09