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Home My WebLink AboutMinutes - 05-24-05 - Regular Meeting014383 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MAY 24, 2005 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., May 24, 2005, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Anne M. Bayer presiding. PRESENT:Council Members/Commissioners: Anne M. Bayer Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Mayor/Chairman Mayor Pro Tem/Vice-Chairman (arrived at 6:38 p.m.) (arrived at 6:56 p.m.) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles S. Vose, City Attorney/Economic Development Director Lee Powell, Assistant City Manager Desi Gutierrez, Associate Civil Engineer John Michicoff, Director of Finance Mark Sauter, Fire Chief Irina Drill, Special Legal Counsel Kathleen L. Midstokke, City Clerk/Secretary NON-AGENDA PUBLIC COMMENT - No one came forward to speak. APPROVAL OF CLOSED SESSION MINUTES It was moved by Mayor Pro Tem/Vice-Chairman Perkins, seconded by Council Member/Commissioner Gafin and unanimously carried (3/0) to approve the Closed Session Minutes of May 10, 2005. RECESS TO CLOSED SESSION Mayor/Chairman Bayer announced the Council/Commission is recessing to Closed Session (6:33 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1 SECTION 54956.9(a) – Conference with legal counsel – existing litigation: Meridiant Corporation vs. City of Downey, L.A. Superior Court Case # BC308812. 2.SECTION 54956.9(b) – Conference with real legal counsel – anticipated litigation (exposure to litigation)(one potential case). City Council/Community Dev. Comm. Minutes (adj.) 05/24/05 -1- 014984 RECONVENED The meeting reconvened in Open Session at 7:34 p.m. with all Council Members/ Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:34 p.m. The meeting reconvened at 8:44 p.m. with all Council Members/Commissioner present and immediately recessed to Closed Session to complete discussion of Closed Session items previously announced. The meeting reconvened at 9:24 with all Council Members/Commissioner present. There were no Closed Session actions to report. ADJOURNMENT: 9:25 p.m. qUAMvW.#M4&££o KATHLEEN L. MIDSTOKKE, City Clerk/Secretary •= ANNE M. BAYER, NIm City Council/Community Dev. Comm. Minutes (adj.) 05/24/05 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 24, 2005 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. 1 1 2 2 2 Presentations Non-Agenda Public Comment Consent Calendar Item Removed Council Minutes: Reg. & Adj . Mtg. 05/10/05 Warrants: # 204228-204561; Wire Nos. 249-251 ; 30001015-30001022; $3,619,760.71 SCE Agreement-Underground Utilities, Lakewood Blvd. Approved Deferred Comp. Agreement – Nationwide Retirement Solutions Approved Omega Group Contract for Prof. Services & Comp. Software Approved Federal Grant Funds, $20,081, for FD Emergency Equipment Approved Ord. Amending DMC Sect. 3712 – Police Alarm Permits Introduced Ord. #05-1173 Adding Chap. 10 to Article II of DMC- Adopted Estab. of Procedure for Debarment of Contractors from City Contracts Approved Approved 2 2 2 2 3 3 Study Session for Proposed FY 2005-06 Budget Set Date 06/21 /05 3 3 4 5 5 Reso. #05-6853- Agreement with John Finch, Chief of Police Adopted Council Member Announcements/Requests for Future Agenda Items Staff Member Comments Adjournment . 814935 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 24, 2005 The City Council of the City of Downey held a Regular Meeting at 7:39 p.m., May 24, 2005, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Anne M. Bayer presiding. PRESENT :Council Members: Anne M. Bayer Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager (,-harles S. Vose, City Attorney/Economic Development Director Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch. Chief of Police Bonnie Kehoe, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Ed Velasco, Housing Manager Susan Domen, Executive Secretary PRESENTATIONS : Mayor Bayer presented the Mayor’s Award for Service to the City to Corporal Kevin McCaster, Police Department. Mayor Bayer presented a Proclamation declaring the month of May as National Foster Parent Recognition Month to Gordon and Martha Sodetani. NON-AGENDA PUBLIC COMMENT: Donald Johnston, resident of Downey, spoke and submitted a letter regarding not wanting a sidewalk in front of his house on Brookshire Avenue. John McDonald, resident of Downey, spoke and submitted a letter regarding a ticket he received for parking on the street during street sweeping and the difficulty he had with contacting the citation processing center by phone to schedule an appeal hearing. City Council Minutes 05/24/05 -1- ' 014935 David Cristobal, resident of Downey, spoke and submitted written materials requesting an exception to the requirement of fire sprinklers due to the construction of an addition on his house. Lisa Fox, resident of Downey, suggested that the Council consider requiring new businesses to have some type of anti-graffiti film on their storefront windows. Lennie Whittington, resident of Downey, commended City employee Lisa Fox for her excellent work on graffiti abatement; commended Corporal Kevin McCaster of the Police Department as one of the finest officers he has ever met; and questioned whether all of the Council Members had been invited to the Las Vegas shopping center conference. In response, Council Member Cartozian gave a brief report on his attendance at the conference and mentioned that Development Services Director Linda Haines had also attended. CONSENT CALENDAR – ITEMS FOR REMOVAL: 7.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DOWNEY AND CHIEF OF POLICE JOHN FINCH: Administration. This item was removed at the request of Mayor Pro Tem Perkins and is listed under Other Business below. CONSENT CALENDAR: It was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 1.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings May 10, 2005: City Clerk. 2.APPROVED WARRANTS ISSUED: Nos. 204228-204561; Wire Nos. 249-251 : 30001015-30001022; in the total amount of $3,619,760.71: Finance. 3.APPROVED AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES WITH SOUTHERN CALIFORNIA EDISON RE: UNDERGROUND UTILITY DISTRICT NO. 18 – LAKEWOOD BOULEVARD IMPROVEMENT PROJECT – PHASE 1 A: Public Works. 4.AUTHORIZED ASSIGNMENT OF DEFERRED COMPENSATION PLAN ADMINISTRATION AGREEMENT: Finance. To Nationwide Retirement Solutions. 5.APPROVED CONTRACT WITH OMEGA GROUP FOR PROFESSIONAL SERVICES AND COMPUTER SOFTWARE IN THE AMOUNT OF $29,200: Fire. 6.APPROPRIATED FEDERAL GRANT FUNDS IN THE AMOUNT OF $20,081 FOR EMERGENCY EQUIPMENT: Fire. City Council Minutes 05/24/05 -2- tII 4SS'7 8.INTRODUCED ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3712 OF THE DOWNEY MUNICIPAL CODE PERTAINING TO POLICE ALARM PERMITS: Administration. 9.ADOPTED ORDINANCE NO. 05-1173, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 10 TO ARTICLE II OF THE DOWNEY MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A PROCEDURE FOR DEBARMENT OF CONTRACTORS FROM CITY CONTRACTS: City Attorney. ADMINISTRATIVE REPORTS: 10.SET DATE FOR STUDY SESSION TO REVIEW PROPOSED FY 2005-06 BUDGET: Administration. City Manager Caton explained that the Public Hearing to adopt the 2005-06 FY Budget has been scheduled for June 28, 2005, and the Council needed to set a date for a study session prior to that date It was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and unanimously carried to hold the study session for the 2005-06 FY Budget on June 21, 2005 at 6:30 p.m. in the Council Chambers. OTHER BUSINESS: CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 7.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DOWNEY AND CHIEF OF POLICE JOHN FINCH: Administration. Mayor Pro Tem Perkins stated that he had withdrawn this item because he disagreed with the philosophy of the item and would be abstaining. Council Member Cartozian asked for clarification as to where the cost savings would be coming from and was told that the figure is based on the value of the fringe benefits such as health and vacation that the Chief would no longer receive as a part-time employee. He then inquired if the Chief would be active in the search for the new Police Chief. City Manager Caton stated that the department has been notified that the selection of the new Chief would be from within the department. He will be interviewing the three Captains and bringing his appointment to the Council in the fall for final approval Bob Goldstien, resident of Downey, requested a copy of the report with the breakdown of the savings, stating that it is confusing without seeing the numbers. City Council Minutes 05/24/05 -3- 014388 Lennie Whittington, resident of Downey, stated he felt the John Finch had been a great Chief and that it would be good if the City could hire from within. Mayor Pro Tem Perkins stated that his objections were not personal, he only objected with the philosophy. It was moved by Council Member (]ann, seconded by Council Member Trejo and carried by the following vote to adopt the Resolution. AYES : NOES : Cartozian, Gafin, Trejo, Mayor Bayer Perkins RESOLUTION NO. 05-6853 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DOWNEY AND JOHN FINCH. OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Gafin announced that he had attended several events recently: Kidsday; 10001l1 Home Fix Up celebration; Coordinating Council Dinner; and Regional Occupational Awards to students from Downey High School and noted that theses types of events and the volunteer efforts of our citizens make Downey such a fine community. Council Member Cartozian announced that he had attended Family Fun Night last week at Downey High School; reported on his activities as representative to the Orangeline Development Authority which is proposing a Maglev rail system from L. A. County to Orange County; announced that he had completed two years of studies at U.S.C. and received his master degrees in Business Administration and Real Estate Development; that he had attended the shopping center convention as a student which only cost $50.00; and requested to meet with staff to discuss city-wide new business opportunities and the issue of anti-graffiti film on business storefronts. Council Member Trejo requested a report on income from Rio Hondo green fees as well as the Clubhouse; noted that the parking at Downey Regional Medical Center and new office building needs to be studied and addressed; and thanked Community Services Director Kehoe for a successful annual Kidsday. Mayor Pro Tem Perkins announced a Memorial Day Service at the Downey Cemetery on Monday at 11 :00 a.m.; congratulated Council Member Cartozian on receiving his two master degrees; announced that he attended the Cancer Walk for Life and the Public Works annual pancake breakfast. Mayor Bayer announced that the Cancer Walk for Life at Columbus High School had raised over $50,000; that she had attended the Arc pancake breakfast last Saturday; and requested that Public Works Director Alvarez speak with Mr. Johnston after the meeting on his sidewalk issue. City Council Minutes 05/24/05 -4- 014989 STAFF MEMBER COMMENTS: City Manager Caton explained to the audience that the Council is prohibited by State law to respond to some of the items brought up during Public Comment and that the existing requirements and laws of the City must be applied equally to all citizens. The meeting recessed at 8:43 p.m. and reconvened at 9:24 p.m. with all Council Members present. ADJOURNMENT: 9:25 p.m. The meeting adjourned to 6:30 p.m., June 14, 2005, in the Council Chamber of Downey City Hall %%/# KATHLEEN L. MIDS’FOKKE_ City Clerk BAYER, May)r City Council Minutes 05/24/05