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HomeMy WebLinkAboutMinutes 11-23-10 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 23, 2010 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., November 23, 2010, in the Council Chamber of the Downey City Hall, 1 1111 Brookshire Avenue, Downey, California, Mayor/Chairperson Anne M. Bayer presiding . PRESENT: Council Members/Commissioners: Anne M. Bayer Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Mayor/Chairperson Mayor Pro Tem/Vice-Chairperson ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles S. Vose, Interim City Attorney/Agency Counsel Gilbert Livas, Assistant City Manager Kathleen L. Midstokke, City Clerk/Secretary Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None. RECESSED TO CLOSED SESSION: Mayor/Chairperson Bayer announced the Council/Commission is recessing to Closed Session (6:31 p.m.) to discuss matters under the authority of the following section of the Government Code: 1. 2. 3. Government Code Section 54957 – Public Employment – City Attorney recruitment/appointment. Government Code Section 54957 – Public Employment – Fire Chief recruitment/appointment. Government Code Section 54956.8 – Conference with real property negotiator Gerald Caton re: property at 1 1500 Brookshire Avenue; negotiating party: Downey Regional Medical Center; under negotiations: terms and conditions of lease. It was noted that Council Member/Commissioner Guerra will not be participating on Item No. 2 due to a potential conflict of interest as his insurance company sells insurance to Downey Regional Medical Center. Prior to recessing City Attorney Vose requested an item be added due to a need arising subsequent to the posting of the agenda and requiring immediate action. It was moved by Council Member/Commissioner Gafin, seconded by Council Member/Commissioner Brossmer and unanimously carried to add Item No. 4 to the Closed Session agenda. City Council/Community Dev. Comm. Minutes (adj.) 11/23/1 0 -1- 4. Government Code Section 54956.9(a) – Existing Litigation – Indemnity Company of California v. City of Downey, BC425567, Los Angeles County Superior Court. RECONVENED: The meeting reconvened in Open Session at 7:29 p.m. with all Council Members/Commissioners present. City Attorney Vose reported that: In regards to item No. 4 – The City Council unanimously accepted a Settlement payment in the amount of $215,000; In regards to item No. 1 – The City Council unanimously appointed Yvette Abich Garcia as City Attorney; In regards to item No. 2 – The City Council confirmed the appointment of Lonald Croom as Fire Chief, with Mayor Pro Tem Marquez abstaining. ADJOURNMENT: The meeting adjourned at 7:32 p.m. e tars FI O City Council/Community Dev. Comm. Minutes (adj.) 11/23/10 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVBEMBER 23, 2010 The City Council of the City of Downey held a Regular Meeting at 7:36 p.m., November 23, 2010, in the Council Chamber of the Downey City Hall1 11111 Brookshire Avenue, Downey California, Mayor Anne M. Bayer presiding. PRESENT:Council Members: Anne M. Bayer Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Charles S. Vose, Interim City Attorney Gilbert Livas, Assistant City Manager Kathleen L. Midstokke, City Clerk Mark Sauter, Deputy City Manager/Emergency Services Scott K. Pomrehn, Assistant Deputy City Manager Rick Esteves, Police Chief John Michicoff, Finance Director John Oskoui, Public Works Director Thad Phillips, Community Services Director Brian Saeki, Community Development Director Jeff Turner, Fire Chief Susan Domen, Deputy City Clerk Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Brossmer reported that he attended a Veterans Memorial subcommittee meeting; the Dine in Downey/Taste of Downey event, and thanked staff for their hard work; a Neighborhood Watch meeting at Crawford Park; and requested that Keep Downey Beautiful schedule a clean-up at Crawford Park Council Member Gafin announced that on December 5th the Downey Chamber of Commerce will host their Annual Holiday Lane Parade at 1:30 p.m. Council Member Guerra reported that he attended the Dine in Downey/Taste of Downey event, where 21 restaurants and over 2000 residents participated; a meeting with Council Member Brossmer, the Downey Patriot and citizens regarding the local cultural/arts scene in Downey, as Public Art is one of his goals in the next 4 years; the Veteran’s Day Celebration in front of the Theatre, where families of serving soldiers were invited; a Veterans Memorial subcommittee meeting; and a True Lasting Connections meeting; he announced the dedication of the John Gatley Downey statue will be held outside City Hall at 4:30 p.m. on December 2nd.; he requested a report on the formation of a Business Task Force to evaluate how the City can improve on business City Council Minutes 1 1/23/10 -1- friendliness; and recognized his commissioners Lars Clutterham, Bob Buckley, and Rubin Salgado, as well as former Council Member Kirk Cartozian, in the audience. Mayor Pro Tem Marquez recognized his commissioners Rick Rodriguez and Janet Molinaro, as well as Council Member Elect Fernando Vasquez, in the audience; reported that he attended the Dine in Downey/Taste of Downey event, and noted staff did a great job; and wished everyone a Happy Thanksgiving. Mayor Bayer reported she attended the Dine in DowneyfTaste of Downey event and thanked Coca-Cola and the Downey Chamber of Commerce for supporting and participating; and she announced the Annual Tree Lighting ceremony will be on December 2-d at 6 p.m. PRESENTATIONS: Mayor Bayer, Council Member Guerra and Mayor Pro Tem Marquez presented Certificates of Appointment to: Lars Clutterham and Janet Molinaro to the Green Task Force for Council Districts Two and Five. PUBLIC HEARINGS: None NON-AGENDA PUBLIC COMMENT: Unknown Speaker, resident of Downey, stated he had emailed the Council regarding the lack of sidewalks in residential areas and the restriction on Open House signs. Greta Campbell, resident, spoke regarding the treatment of homeless persons in Downey and the stigmatisms associated with the situation. Trisha Rodriguez Zelambo from West Downey Little League, suggested that Council Member Guerra use some of his campaign funds to help buy a new lawn mower for the league. Anthony Flores, business owner, thanked staff for their assistance in the opening of his wine bar. CONSENT ITEMS REMOVED: 3.CASH CONTRACT NO. S.S. 593 – DOWNEY AVENUE PAVEMENT REHABILITATION PROJECT (5TH STREET TO GALLATIN ROAD): APPROVE CONTRACT WITH SILVIA CONSTRUCTION, INC., IN THE AMOUNT OF $1,384,047.40: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below 5.ADOPT RESOLUTION NO. 10- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN SUPPORT OF “BUSINESS FRIENDLY PRINCIPLES” AS PART OF SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCA(,) DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY: Community Development. This item was removed at the request of Council Member (,uerra and is listed under Other Business below City Council Minutes 11/23/10 -2- 7.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DOWNEY AND MARK SAUTER: Administration. This item was removed at the request of Council Member Brossmer and is listed under Other Business below. 11.INTRODUCE ORDINANCES FOR THE 2010 CALIFORNIA BUILDING. ELECTRICAL MECHANICAL, PLUMBING, CAL GREEN, ENERGY, AND RESIDENTIAL CODES AND SET A PUBLIC HEARING FOR DECEMBER 14, 2010: Community Development. This item was removed at the request of Council Member Guerra and is listed under Other Business below A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING ARTICLE VIII, CHAPTER 1 (“DOWNEY BUILDING CODE”) AND ADDING THERETO A NEW CHAPTER 1 (“DOWNEY BUILDING CODE”) AND MAKING AMENDMENTS THERETO (ADOPTING BY REFERENCE THE 2010 CALIFORNIA BUILDING CODE WITH AMENDMENTS). B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY. AMENDING ARTICLE VIII, CHAPTER 2, OF THE DOWNEY MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA ELECTRICAL CODE AS THE DOWNEY ELECTRICAL CODE. C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY. AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE AS THE DOWNEY MECHANICAL CODE. D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA UNIFORM PLUMBING CODE WITH STATE OF CALIFORNIA 2010 AMENDMENTS AS THE DOWNEY PLUMBING CODE. E. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY. AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE AND ITS AMENDMENTS AS THE DOWNEY GREEN BUILDING STANDARDS CODE. F. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY. AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA ENERGY CODE AS THE DOWNEY ENERGY CODE. G. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY. AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA RESIDENTIAL CODE AND ITS AMENDMENTS AS THE DOWNEY RESIDENTIAL CODE. CONSENT CALENDAR: It was moved by Council Member Brossmer, seconded by Council Member Gafin, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: City Council Minutes 1 1/23/10 -3- 1.APPROVED CiTy COUNCil MiNUTES: Regular and Adjourned Meetings November 9, 2010: City Clerk. 2.APPROVED WARRANTS iSSUED: Warrant Nos. 254398 – 254715; Wire Nos. 30002266 – 30002275 and 662 – 667; in the total amount of $3,732,078.99: Finance. 4.CASH CONTRACT NO. S.S. 609 - SCHOOL ZONE SIGNAGE AND PAVEMENT MARKING UPGRADES PROJECT: APPROVED CONTRACT WITH PRESTIGE STRIPING SERVICES IN THE AMOUNT OF $66,244.98: Public Works. 6.ADOPTED RESOLUTION NO. 10-7237, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATION AND ESTABLISHING THE SALARy RANGE FOR THE POSITION OF CITY ATTORNEY: Administration. 8.ADOPTED RESOLUTION NO. 10-7239, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUBMISSION OF GRANT APPLICATIONS FOR THE “RETROREFLECTIVE STREET NAME SIGNS”, “IMPERIAL HIGHWAY AT COLUMBIA WAY TRAFFIC SIGNAL UPGRADE” AND “PEDESTRIAN COUNTDOWN HEADS” PROJECTS UNDER THE HIGHWAY SAFETY IMPROVEMENT PROGRAM: public Works. 9.ADOPTED RESOLUTION NO. 10-7240, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENTS OF MARIA LARKIN AND ROBERT RUBIO TO THE GREEN TASK FORCE FOR CITY COUNCIL DISTRICT FOUR: Administration. 10.ADOPTED RESOLUTION NO. 10-7241, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF GEORGE MANZANILLA TO THE GREEN TASK FORCE FOR CITY COUNCIL DISTRICT TWO: Administration. 12.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS ON STEWART & GRAY ROAD: Public Works. ADMINISTRATIVE REPORTS: 13.APPROVED AMMENDED THEATRE MANAGEMENT AND CONSULTING AGREEMENT WITH VENUETECH MANAGEMENT GROUP INC. AND APPROPRIATED $208,000: Community Services. Community Services Director Phillips noted that John Lind president of Venuetech will be giving a presentation. He explained how the Council formed a subcommittee and made recommendations to Council who then approved a Request for Proposals going out for bid to hire a theatre management company. John Lind, president of Venuetech, noted that they are excited to work with the community to help bring arts and entertainment as an essential part of life in Downey. He explained that they will look for ways to expand programming and services offered without greatly changing the financial obligations of the City; that they believe in using theatres as a cultural and economic growth for the community; and work exclusively in secondary markets. They currently manage 6 performing arts theatres and consult with 10 others; while producing more than 1,000 live cultural events annually. They have produced more than 70 nationally touring entertainers annually; and helped clients raise more than $15 million over the past 8 years. He continued by noting that they establish long term relationships with their clients; and the business focuses on helping build community based City Council Minutes 1 1/23/1 0 -4- partnerships. The proposal includes a full service box office, assistance in finding alternative revenue sources, business planning, fund development, expanded volunteerism, job sharing, integrated management, and block booking. He continued that the Business Plan will be developed based on meetings with the Council and community input. He concluded by stating that there are 6 integrated strategies: 1) management of a community based 501 (c) 3 nonprofit organization to provide long term financial support to enhance and expand programming; 2) performances produced by Theatre Primary Partners; 3) community rental events; 4) a series of Arts and Entertainment Festivals unique to Downey designed to celebrate the arts, special holidays or cultural festivities while attracting local residents and visitors and providing an economic stimulus for the community; 5) an in house series of national touring artists; 6) the funding and operation of a Cultural Growth Fund to serve as a catalyst for cultural growth, business development for the theatre and support for the local nonprofit arts community. Council Member Guerra noted that there is a budget deficit of $370,000 proposed and was told that while these are estimates, the cost of the unfilled Theatre Manager position will help to cover this and that currently the building is not being used to its fullest capacity. He then questioned why the expenditures increase by $150,000 from year 1 to year 2 and was told that items were identified that need fixing and this cost will cover the start of those repairs. Council Member Guerra stated that there is a 6 month wind-down clause that allows for a $6,500 per month payment and what would happen if the contract were renewed and was told that the fee would be waived at that time. He asked that this be clarified in the wording. On page 13, Article 13 Non-solicitation; he asked for the agreement to go both ways-City cannot solicit their employees and Venuetech cannot solicit City employees without their permission; Article 14 Indemnity; he requested that wording be included regarding maintenance issues based on the issue being reported to the City from Venuetech; and that the City be allowed to self insure if it is more reasonable than the quote received by Venuetech. He then asked if there is a specific Theatre Manager currently in mind and what the City’s power of rejection of a Venuetech employee would be. He was told that they can request a change in personnel and if Venuetech does not provide quality employees than the contract can be terminated. He then questioned the research reimbursement fee of $800 per month and was told that it is a typo and it is $800 per year. Mayor Pro Tem Marquez asked if the non-profit being set up would serve the role of pursuing grants and if this could eventually fully fund the theatre. He was told that experience shows that most new non-profit organizations take a couple of years of building community relationships and support before they can solicit and be awarded grants. He then asked what building maintenance issues need to be accomplished and was told that a comprehensive assessment has not been done; however there are deficiencies in the HVAC system. He concluded that he is concerned about the current employees working at the theatre and was told that they are welcome to apply to become employees of Venuetech. The following people spoke regarding this item: Chuck Ana Andrew Wahlquist Neil Alvarez Carol Kearns Pauline Hume Council Member Guerra acknowledged that the speakers raised some good questions; however, the City needs to make a commitment and provide the proper management to run a quality program . Council Member Gafin stated that there is no need to rush this item and suggested there be a Public Forum with Venuetech to give their presentation and then bring back to Council. City Council Minutes 1 1/23/1 0 -5- Council Member Brossmer stated that the subcommittee spent many hours vetting out the proposals and the Public had the opportunity to raise their concerns tonight. He stated that the Downey Symphony, the Downey Civic Light Opera and the Downey Unified School District have all met with Venuetech and that the process needs to move forward with a vote tonight. Council Member Brossmer continued that there was no comparison on the different proposals the City received and he has a lot of confidence in their abilities and the diversity they will bring to the theatre Mr. Lind explained that the proposal is community focused and that during the development of the Business Plan many discussions with groups will occur to understand the community values, interests and needs. He noted they know how to work around the radius clause concern and have good relations with two major talent agencies. He concluded that they would only be adding 6-8 shows to the theatre events; but will build around community events outside the theatre. Council Member Guerra asked what recourse the City has if they don’t agree on the budget or the Business Plan and was told that the general consensus of everyone will be addressed. Council Member Brossmer continued that there was no comparison on the different proposals the City received and he has a lot of confidence in their abilities and the diversity they will bring to the theatre. It was moved by Council Member Brossmer, seconded by Mayor Bayer and carried, noting the dissent of Council Member Gafin, to approve the contract with the suggested wording changes. Prior to the vote, Council Member Guerra noted he wanted his previous wording issues cleaned up in the contract and stated that the public input would be received during the Business Plan development. Mayor Pro Tem Marquez explained that a subcommittee was formed to address the issue and review the proposals. He would like to see the contractual wording raised by Council Member Guerra corrected and the process to move forward. Council Member Brossmer amended his motion to make contractual wording corrections and the second, Mayor Bayer, concurred. City Attorney Vose clarified the amendments as being: on page 27, add language if there is an extension of contract during the final 3 months the wind down fees are waived; Exhibit B page 24 should read not to exceed $400,000 without further approval from the Council; insurance coverage language changed to City will approve any additional insurance before being obligated to pay for- outside insurance; Article 13.1 be changed to read reciprocal with either’s permission; Article 14.2 Venuetech to notify City of maintenance issues; research charge clerical change to $800 per year not per month. He then asked Venuetech if they agree to the changes and Mr. Lind said he did. Council Member Gafin clarified that he believes Venuetech is the correct choice in companies but he would be voting against the item as he believes the public should have a forumfirst OTHER BUSINESS: CONSENT ITEMS REMOVED: City Council Minutes 1 1/23/10 3.CASH CONTRACT NO. S.S. 593 - DOWNEY AVENUE PAVEMENT REHABILITATION PROJECT (5TH STREET TO GALLATIN ROAD): APPROVED CONTRACT WITH SILVIA CONSTRUCTION, INC., IN THE AMOUNT OF $1,384,047.40: Public Works. Council Member Guerra asked if the penalty clauses previously requested were in the contract and stated that the completion time is vague. Public Works Director Oskoui responded that the liquadted damages clauses are in the contract and there is no date specific as the start date depends on the completed execution of the contract. It was moved by Council Member Guerra, seconded by Council Member Brossmer and unanimously carried to approve the Cash Contract. 5.ADOPTED RESOLUTION NO. 10-7236. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN SUPPORT OF “BUSINESS FRIENDLY PRINCIPLES” AS PART OF SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY: Community Development. Council Member Guerra noted that SCAG requested the City to pass this Resolution in support and he feels this makes a strong statement by the Council. It was moved by Council Member Guerra, seconded by Council Member Gafin and unanimously carried to adopt the Resolution. The meeting recessed at 9:59 p.m. and reconvened at 10:06 p.m. will all Council Members present. 7.ADOPTED RESOLUTION NO. 10-7238. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DOWNEY AND MARK SAUTER: Administration. City Manager Caton presented a staff report explaining that this position was created subsequent to the City-wide Boil Water Order in September of 2008. A number of flaws were discovered during this period and he asked the Council to promote Fire Chief Sauter to Deputy City Manager, Emergency Services for the express purpose of handling these situations. He noted that the funding for this position came from the Deputy Fire Chief position being frozen and remains unfilled. He noted that Mr. Sauter has accomplished a great many tasks such as the Flu Clinic and Water Barrel give-away and has returned over $400,000 in goods and services to the City in the past 2 years. He explained that due to the City deficit he originally asked for the position to be eliminated and by making this a part-time position at $50,000 per 6 months, this would be a cost savings of approximately $200,000 per year. He concluded that the contract would be for a 1 year period and the position would be moved to the supervision of the Police Department. Council Member Brossmer noted that he agrees this is a necessary position; however, he feels it needs to remain a full-time position. He asked what the direction of the position would be after Mr. Sauter’s retirement in regards to hours and salary; and stated that he is comfortable lowering the salary to $801000 per 6 month period with 960 hours worked. He concluded that this will only slightly reduce the hours, while allowing Mr. Sauter to continue to do a great job and still provide a great savings. He concluded that he would like to see the future position return to full-time with a total compensation of $160,000. City Council Minutes 1 1/23/1 0 -7- Mayor Pro Tem Marquez questioned if the position would be at Department Head level in the future as this salary would be c.ommiserate with their compensation and asked if a qualified person could be obtained for a total compensation of $120,000. Council Member Guerra noted that the team effort between the Emergency Preparedness Committee (EPC) and Community Emergency Response Team (CERT) has been tremendous since Mr. Sauter took over the programs and the benefit for the City of having a former Fire Chief in this position is great Council Member Gafin noted his concern of changing this to a part-time position to which Council Member Brossmer pointed out that it is 37 hours instead of 40 hours per week. Council Member Gafin agreed that with prioritizing a 3 hour difference in the work week would not effect the position and stated he has no problem approving the contract if Mr. Sauter is in agreernent. City Manager Caton noted that there is the assumption that Mr. Sauter will retire and the consequences of him exceeding the 960 hours would put him back into the Public Employees Retirement System (PERS). Mayor Pro Tem Marquez noted that Mr. Sauter is a major asset to the City and his only concerns are with the amount of total compensation and asked if this would increase his retirement package. City Manager Caton responded that unless Mr. Sauter retires, he cannot be brought back on a part-time basis and would be kept under the 960 hours per fiscal year ruling. Council Member Brossmer asked what the appropriate compensation should be for the position and if $160,000 is a fair rate. He stated that being part-time Mr. Sauter would loose his health benefits and suggested dropping the hourly rate and stating the compensation is $80,000 per 6 month period. It was moved by Council Member Brossmer, seconded by Council Member Guerra and carried, noting the dissent of Mayor Bayer and the abstention of Mayor Pro Tem Marquez, to approve a 1 year contract in the amount of $160,000 with the hours worked not to exceed 960 in a Fiscal Year. Prior to the vote, the following people spoke in favor of retaining Mr. Sauter on a full-time basis Rick Rodriquez Rubin Salgado Arnie Martinez Frank Duncanson Janet Molinaro Tammy Fike Marsha Bears Dee Bacus Trisha Zelambo Rick Lavele Bob Buckley Chuck Ana Sandra Sparza Mayor Pro Tem Marquez noted his concerns about approving a contract for this position during these fiscal times. He stated the position previously was a $50,000 per year position and the rates being proposed are equal to the Police and Fire Chiefs. He cautioned about continually dipping into the reserve funds when there is not an end in sight to the fiscal problems facing the Nation and State. He stated that Mr. Sauter is an asset to the City and does not want to loose him; however, the rate of pay is too high for the position and questioned what the succession plan is for when he retires. Council Member Guerra stated that public safety is the issue here and thinks the rate of pay to have a former Fire Chief is fair. City Council Minutes 1 1/23/1 0 -8- 11.INTRODUCED ORDINANCES FOR THE 2010 CALIFORNIA BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, CAL GREEN, ENERGY, AND RESIDENTIAL CODES AND SET A PUBLIC HEARING FOR DECEMBER 14, 2010: Community Development. A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING ARTICLE VIII, CHAPTER 1 (“DOWNEY BUILDING CODE”) AND ADDING THERETO A NEW CHAPTER 1 (“DOWNEY BUILDING CODE”) AND MAKING AMENDMENTS THERETO (ADOPTING BY REFERENCE THE 2010 CALIFORNIA BUILDING CODE WITH AMENDMENTS). B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING ARTICLE VIII. CHAPTER 2, OF THE DOWNEY MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA ELECTRICAL CODE AS THE DOWNEY ELECTRICAL CODE. C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE AS THE DOWNEY MECHANICAL CODE. D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY. AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA UNIFORM PLUMBING CODE WITH STATE OF CALIFORNIA 2010 AMENDMENTS AS THE DOWNEY PLUMBING CODE. E. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE AND ITS AMENDMENTS AS THE DOWNEY GREEN BUILDING STANDARDS CODE. F. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY. AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA ENERGY CODE AS THE DOWNEY ENERGY CODE. G. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA RESIDENTIAL CODE AND ITS AMENDMENTS AS THE DOWNEY RESIDENTIAL CODE. Council Member Guerra noted that he wanted to highlight the Green Building Codes. It was moved by Council Member Guerra, seconded by Council Member Gafin and unanimously carried to introduce the Ordinances and set the Public Hearing. STAFF COMMENTS: City Manager Caton noted that this is the last full Council meeting for Mayor Bayer and thanked her for the past 8 years of service to the City. He commented that it has been a pleasure working with her and that the City has accomplished a tremendous amount during that time. City Council Minutes 1 1/23/10 ADJOURNMENT: The meeting adjourned at 1 1:17 p.m. to 6:00 p.m., December 7, 2010. %t///A# MfiZM@ KATHLEEN L. MIDSTOKKE, City Clerk City Council Minutes 1 1/23/10 -10-