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HomeMy WebLinkAboutMinutes - 08-25-09 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 25, 2009 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 7:57 p.m., August 25, 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 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 John Michicoff, Finance Director Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None. RECESSED TO CLOSED SESSION: Mayor/Chairperson Guerra announced the Council/Commission is recessing to Closed Session (7:57 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1 2. 3. Government Code Section 54957 – Public employee performance evaluation: City Attorney Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Downey Firemen’s Association. Government Code Section 54956.9(a) – Conference with legal counsel – existing litigation: Pilarca vs. City of Downey, et al., Norwalk Superior Court, Case No. VC050715. RECONVENED: The meeting reconvened in Open Session at 8:35 p.m. Wth all Council Members/ Commissioners present. There were no reportable actions. City Council/Community Dev. Comm. Minutes (adj.) 08/25/09 -1 - ADJOURNMENT: The meeting adjourned at 8:35 p.m. %@,a„,:a KATHLEEN L. MIDSTOKKE, City Clerk/Secretary W\RIO A. GUERRA,–Mbyor/Chairperson City Council/Community Dev. Comm. Minutes (adj.) 08/25/09 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 25, 2009 The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., August 25, 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 Roy Campos, Police Chief John Michicoff. Finance Director Brian Ragland, Public Works Director Jeff Turner. Fire Chief Other Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Gafin noted he attended the grand openings of Walgreens drug store and Valero car wash; the first annual Neighborhood Watch barbeque on Dunrobin Avenue; announced that the next Gangs Out of Downey (G.O.O.D.) meeting will be held on September 1 “ at 7:30 a.m. at the 2"d floor conference room of City Hall; and requested that a City Council subcommittee be formed to address Theatre usage. He further noted that he will miss the next meeting, his first absence in over five years, due to a scheduled vacation. Council Member Marquez noted he also attended the Neighborhood Watch barbeque; and on a personal note, announced that his twins, Diego and Maya, are turning three years old today. Mayor Pro Tem Bayer noted that tomorrow night will be the last Concert in the Park for this season and thanked Director Phillips and staff for arranging the concerts. Council Member Brossmer introduced Downey Unified School District Board Member Tod Corrin in the audience. Mayor Guerra expressed that Concerts in the Park are entertaining times for the community and it has been a challenge to maintain them in these difficult financial times; introduced his wife Ann in the audience tonight; and stated that he recently had a medical emergency and had to be transported to the hospital and thanked the Downey Fire Department for their professionalism in taking care of him. City Council Minutes 08/25/09 -1- PRESENTATIONS : Announcement of Police Department promotions: Captain Stephen Garza, Lieutenant Dean Milligan, Lieutenant Randy Wells, Sergeant Kevin McCaster and Sergeant David Zimrnerrnan. This presentation was continued to the next meeting. PUBLIC HEARING: 1.CONFORMANCE WITH METROPOLITAN TRANSPORTATION AUTHORITY’S (MTA) CONGESTION MANAGEMENT PROGRAM (CMP): Community Development. A. ADOPTED RESOLUTION NO. 09-7150, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Mayor Guerra opened the Public Hearing at 7:38 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication of Notice. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file. Deputy City Manager Livas presented a staff report noting that the Metropolitan Transportation Authority requires cities to annually adopt a Resolution of Conformance after holding a Public Hearing. This must be done to receive Proposition 1 11 State gas tax monies, estimated to be $637,000 for fiscal year 2009-10; and also to preserve eligibility to receive funding for State and Federal transportation projects. Included in the report is new development activity as compiled from building and demolition permits issued Noting no questions from Council and no one from the public coming fOIward to speak, it was moved by Council Member Brossmer, seconded by Council Member Gafin, and so ordered to close the Public Hearing, noting the time as 7:40 p.m. It was moved the Council Member Gafin, seconded by Council Member Brossmer and unanimously carried to adopt the Resolution. NON-AGENDA PUBLIC COMMENT: No one came forward to speak. 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: 2.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings August 1 1, 2009: City Clerk 3.APPROVED WARRANTS ISSUED: Warrant Nos. 243111 - 243544; Wire Nos. 488 – 492 and 30001970 – 30001978; in the total amount of $4,456,302.10: Finance, 4.APPROVED AGREEMENT WITH DOWNEY UNIFIED SCHOOL DISTRICT REGARDING THE SCHOOL SAFETY POLICE PROGRAM IN THE AMOUNT OF $72,000, WITH $60,000 FROM THE CITY OF DOWNEY AND $12,000 FROM GANGS OUT OF DOWNEY: Police City Council Minutes 08/25/09 -2- 5.APPROVED EXTENSION OF AGREEMENT WITH GRANICUS, INC. IN THE AMOUNT OF $18,300 FOR INTERNET STREAMING OF MEETINGS: Administration. 6.CASH CONTRACT NO. 632-3A – LAKEWOOD BOULEVARD IMPROVEMENT PROJECT (PHASE 3A), 5TH STREET/CECILIA STREET TO FLORENCE AVENUE: APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS; Public Works. 7.ADOPTED RESOLUTION NO. 09-7151, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE FINANCE DEPARTMENT: Finance. 8.ADOPTED RESOLUTION NO. 09-7152, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ALEXANDER R. LOPEZ TO THE TRAFFIC COMMITTEE FOR COUNCIL DISTRICT FIVE: Administration. 9.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE V “SANITATION” OF THE DOWNEY MUNICIPAL CODE BY AMENDING CHAPTER 8 – “CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT“; Public Works ADMINISTRATIVE REPORTS: 10.FEES FOR SOLAR ENERGY PERMITS: Community Development. A. ADOPTED RESOLUTION NO. 09-7153, 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. Director of Building Haines presented a staff report noting this item is being brought back from the previous meeting. The revised Resolution provides a flat $200 fee for solar permits in single family residential areas and for other developments, a fee equal to ten percent (10%) of the standard fee. Staff does not anticipate any sizeable financial impact resulting from the lower fees, due to the small number of such projects. Harold Tseklenis, resident of Downey, questioned the comparison of the $200 flat fee for single family residential versus the ten percent for commercial. George Manzanilla, resident of Downey, suggested that the fee should be zero for residential. Mayor Guerra noted that the $200 flat fee was discussed and recommended by the Green Task Force and will result in promoting solar technology installations. It was moved by Council Member Marquez, seconded by Council Member Gafin and unanimously carried, to adopt the Resolution. 11.SCHEDULED DATE AND TIME FOR A WORKSHOP TO REVIEW THE SANITARY SEWER MASTER PLAN: Public Works After discussion, it was so ordered to schedule the workshop on Tuesday, September 29th at 5:00 p.m. in Council Chamber. City Council Minutes 08/25/09 -3- STAFF MEMBER COMMENTS: City Manager Caton announced that Chief of Police Roy Campos will be retiring at the end of the year. RECESSED: The meeting recessed at 7:57 p.m. The meeting reconvened at 8:35 p.m., with all Council Members present. ADJOURNMENT: The meeting adjourned at 8:35 p.m. to 6:30 p.m., September 8, 2009, in memory of Paul lchino, longtime member of the Downey Sister Cities Association. \+ \ X?4#’A B LEEN L. f,/IIDSTOKKE, City Clerk MARIO A. GUERRA, Mayor City Council Minutes 08/25/09