HomeMy WebLinkAboutMinutes - 05-12-09 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 12, 2009
The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., May 12, 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. Brossrner
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 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:
Mayor Pro Tem Bayer recognized her commissioners Faye Campbell and Lee Ann Sears in
the audience; and announced that Citizens for Downey will be meeting tomorrow at 7:30 a.m. and
discussing the upcoming May 19th Special Election ballot Measures.
Council Member Gafin stated he attended the annual Kids Day event and the Chamber of
Commerce Street Faire; he reminded everyone to have a safe Memorial Day and that there will be a
ceremony at the Downey Cemetery at 1 1 a.m. that day.
Council Member Brossmer noted he attended the Southeast Los Angeles County Work
Investment Board meeting in Artesia today; he thanked Deputy City Manager Sauter for his recent
presentations on emergency preparation; stated he also attended the Chamber of Commerce Street
Faire and the annual Kids Day; mentioned he has been using his Dine in Downey coupons; and
reminded everyone that the American Cancer Society Relay for Life event held at Columbus High
School will be on June 6th and 7th this year.
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Mayor Guerra announced that the Green Task Force held their first meeting last week and
created their mission statement and set goals; thanked staff for putting together Dine in Downey and
encouraged everyone to participate; noted that he spoke at Downey Coordinating Council last week
and commended Mayor Pro Tem Bayer on her term as President; mentioned that he attended a
League of California Cities meeting yesterday where several local mayors met with the Governor
regarding the ballot measures on the May 19th election; recognized Assembly Member De La Torre
in the audience; requested staff to open Discovery Sports Complex at least by July 4th with a
fireworks display; noted that July 20th will be the 40th Anniversary of the Apollo landing on the moon;
requested that one of the new ball fields be a baseball field with a grass infield; requested that staff
change the light at Lakewood Boulevard and Downey Studios back to being able to turn left onto
Clark Avenue; requested that a date be set for the Budget subcommittee to meet; presented a
petition that he was given by the citizens to bring back the Travel Log series at the theatre; and
congratulated Director Phillips and the Community Services Department on a successful Kids Day.
PRESENTATIONS :
Assembly Member Hector De La Torre, 50th Assembly District, presented a plaque to the
Woman of the Year from Downey, Julia Desalernos.
Bob Miller, Pasadena Tournament of Roses, presented a portrait of Downey’s Founders
Trophy winning 2009 Float entry “Broadway’s Golden Age".
Mayor Guerra presented a Proclamation declaring May 17-23 as National Public Works
Week
Mayor Guerra presented a Proclamation declaring the Month of May as Older Americans Month.
Mayor Guerra presented a Proclamation declaring the month of May as the Month of the Young
Child
Mayor Guerra presented a Certificate of Appreciation to Downey resident Jose Armando Juarez
for his service in Iraq.
The meeting recessed at 8: 13 p.m. and reconvened at 8:18 p.m. will all Council Members
present.
PUBLIC HEARINGS:
1. APPROVED ANNUAL ACTION PLAN FOR FISCAL YEAR 2009-2010 RE:
ENTITLEMENT ALLOCATION OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS: Community Development.
Mayor Guerra opened the Public Hearing at 8:18 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.
Housing Manager Velasco presented a Power Point presentation requesting the Council to
approve an action plan that involves $3,404,735 fund distribution. The recommended distribution is
44% to Home Improvement, 21% to CHDO projects, 12% for General Administration, 9% for HUD
loan, 7% for Public Services, and 7% for Code Enforcement. The objectives for the 2009-2010 year
are to finance 63 home improvement projects, upgrade 15 units with accessibility modifications,
support 4 homeless families in transitional housing, add 6 units of affordable housing, demolition of 1
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blighted structure, support 4,600 persons with public services through the 10-20 Club/Apollo
Neighborhood Center/the True Lasting Connection Resource Center (TLC) and Southern California
Rehabilitation Service, and supplement other City programs such as: the Adult Literacy program,
Code Enforcement, Aspire program and the Senior Nutrition Lunch program.
Mayor Guerra questioned the process of determining who will receive donations and the
amounts and it was explained that there are limits on how the funds can be used; first staff identifies
what amount of resources will be available and then compares the list of requests with the 5 year
plan’s list of priorities. He noted his concerns with removing any funding from the TLC program at
this time when so many families are in need of assistance.
Mayor Pro Tem Bayer questioned if the group is suffering reductions from all of their funding
sources and if our reduction would make a significant impact on them.
Council Member Brossmer questioned if the Adult Literacy program listed is through the City
library and was told yes.
City Manager Caton suggested that if the Council would like to maintain the past level of
funding for TLC, the funds could be removed from the Community Center line item.
There being no speakers from the Public, it was moved by Council Member Brossmer,
seconded by Mayor Guerra and so ordered to close the Public Hearing the time being 8:38 p.m.
It was moved by Council Member Gafin, seconded by Council Member Brossmer and carried
noting the dissent of Mayor Pro Tem Bayer, to retain the donation to TLC at the amount from last
year, removing the funding from the Barbara J. Riley Center and approve the annual Action
Plan for FY 2009-10.
2.APPROVED A SUBSTANTIAL AMENDMENT TO THE 2008 – 2009 COMMUNITY
DEVELOPMENT BLOCK GRANT ACTION PLAN TO INCORPORATE FEDERAL
STIMULUS FUNDING AVAILABLE ($611,834) VIA THE HOMELESS PREVENTION AND
RAPID RE-HOUSING PROGRAM: Community Development.
Mayor Guerra opened the Public Hearing at 8:39 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Council Member Gafin, seconded by Council
Member Brossmer and so ordered to receive and file.
Housing Manager Velasco presented a Power Point presentation noting this amendment
would incorporate additional funding in the amount of $611,834, a one time allocation, from the
American Recovery & Reinvestment Act. Funds must be spent in 3 years with 60% spent within 2
years. The funds are to be used to prevent those from becoming homeless and to quickly re-house
& stabilize homeless families and individuals. There are 4 eligible activities: providing financial
assistance, housing placement and stabilization, data collection and evaluation, and administration.
The funds will be distributed 75% for prevention and 25% for re-housing the homeless.
Mayor Pro Tem Bayer asked for clarification on what the 75% is to be used for and was told
that it can be used for items like rent assistance or utility payments and steps to prevent
homelessness. She then asked how much housing do we have for the homeless in Downey and
was told that there is none in Downey, there is the nearby Rio Hondo Temporary Home and the Bell
Shelter
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Mayor Guerra asked what kind of qualifications are being developed and was told that
Federal guidelines are being used to help in risk assessment. He noted that the Police Department
used to distribute hotel vouchers and asked if this type of assistance would qualify for this funding. It
was explained that that there has to be strong case management involved and therefore they would
be referred to a Case Manager instead.
Council Member Gafin inquired who would be handling the case management and was told
that it would be contracted out to providers that are experts in handling these types of programs.
Mayor Pro Tem Bayer questioned if the funding for the staff is included in this amount and
was told that it is allocated in the Administration portion of the funding.
There being no speakers from the Public, it was moved by Council Member Marquez,
seconded by Council Member Gafin and so ordered to close the Public Hearing the time being
8:55 p.m.
There being no further discussion it was moved by Council Member Gafin, seconded by
Council Member Marquez and carried noting the dissent of Mayor Pro Tem Bayer, to approve the
amendment.
NON-AGENDA PUBLIC COMMENT:
Steven Sandoval, resident of Downey, questioned what the rules are for allowing Bail Bonds
businesses in the downtown area and if they were to leave could the landlord allow another one to
open in that location. Mayor Guerra directed Deputy City Manager Livas to speak with him after the
meeting
Mark Kneehouse, resident of Downey, questioned what the status of 9226 Manzannar is in
regards to property maintenance issues.
Tony Tinajero, resident of Downey, submitted a letter to Council making suggestions for the
printing in the computer lab at the Library, requesting that processes be changed.
CONSENT ITEMS REMOVED;
6.CASH CONTRACT NO. S.S. 571 – RESIDENTIAL STREET PAVEMENT
REHABILITATION – AWARD CONTRACT IN THE AMOUNT OF $1,618,753 TO SIALIC
CONTRACTORS CORP. DBA SHAWNAN; Public Works. This item was removed at the
request of Mayor Guerra and is listed under other business below.
7.CASH CONTRACT NO. S.S. 615 – ON-CALL CONTRACT FOR STREET AND
CONCRETE REPAIRS AND MINOR PUBLIC WORKS IMPROVEMENTS – APPROVE
PLANS AND SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS:
Public Works. This item was removed at the request of Council Member Guerra and is listed
under other business below.
11.ADOPTION OF DOCUMENTS TO PROCESS AN AMENDMENT TO THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM (PERS) CONTRACT TO PROVIDE SECTION 21548
(PRE-RETIREMENT OPTION 2W DEATH BENEFIT) AND SECTION 21574 (FOURTH
LEVEL OF 1959 SURVIVOR BENEFITS) FOR LOCAL MISCELLANEOUS MEMBERS:
Administration. This item was removed at the request of Mayor Guerra and is listed under
other business below.
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A. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL
OF THE CITY OF DOWNEY AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM.
B. ADOPT RESOLUTION NO. 09- . A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY. A RESOLUTION OF INTENTION TO APPROVE AN
AMENDMENT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY
OF DOWNEY.
CONSENT CALENDAR:
It was moved by Mayor Pro Tem Bayer, seconded by Council Member Brossmer, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
3.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings April 28, 2009:
City Clerk
4.APPROVED WARRANTS ISSUED: Warrant Nos. 240388 – 240728: Wire Nos. 446 – 449
and 30001898-30001906; in the total amount of $3,312,007.45: Finance.
5.CASH CONTRACT NO. S.S. 538 – MISCELLANEOUS CONCRETE CONSTRUCTION
AND REPAIR – ACCEPTED THE IMPROVEMENTS AND THE MAINTENANCE
RESPONSIBILITY AND APPROVED THE FINAL CONTRACT AMOUNT OF $318,392.74:
Public Works
8.CASH CONTRACT NO. 632-1 D – LAKEWOOD BOULEVARD IMPROVEMENT PROJECT
– ACCEPTED THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY AND
APPROVED THE FINAL CONTRACT AMOUNT OF $539,529.44: Public Works.
9.CASH CONTRACT NO. 662 – CIVIC CENTER NORTH PARKING LOT UPGRADE –
ACCEPTED THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY, APPROVED
THE FINAL CONTRACT AMOUNT OF $251,661 .09, AND APPROPRIATED $8,426.59
FROM THE POLICE DEPARTMENT ASSET FORFEITURE FUND: Public Works.
10.ADOPTED RESOLUTION NO. 09-7130, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADDING A MANDATORY STATE COURT CONSTRUCTION
PENALTY ($4.50) FOR ALL PARKING OFFENSE FINES AND AMENDING THE FINE
SCHEDULE: Police.
ADMINISTRATIVE REPORTS: None.
OTHER BUSINESS:
CONSENT ITEMS REMOVED:
6.CASH CONTRACT NO. S.S. 571 – RESIDENTIAL STREET PAVEMENT
REHABILITATION – AWARDED CONTRACT IN THE AMOUNT OF $1,618,753 TO SIALIC
CONTRACTORS CORP. DBA SHAWNAN: Public Works.
City Council Minutes 05/12/09 -5-
Mayor Guerra noted that this report was done well and inquired if there is a plan for the rest
of the areas in the City. Staff responded that the City-wide 5 year plan is being finalized at this time.
It was moved by Mayor Guerra, seconded by Council Member Brossmer and unanimously
carried to award the contract.
7.CASH CONTRACT NO. S.S. 615 – ON-CALL CONTRACT FOR STREET AND
CONCRETE REPAIRS AND MINOR PUBLIC WORKS IMPROVEMENTS – APPROVED
PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR
BIDS: Public Works.
Council Member Gafin asked for clarification on what is actually being approved and if this is
a not to exceed contract. It was explained that the money will only be spent on as needed services
with a not to exceed amount.
It was moved by Council Member Gafin seconded by Council Member Marquez and carried
unanimously to approve the contract.
11.ADOPTION OF DOCUMENTS TO PROCESS AN AMENDMENT TO THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM (PERS) CONTRACT TO PROVIDE SECTION 21548
(PRE-RETIREMENT OPTION 2W DEATH BENEFIT) AND SECTION 21574 (FOURTH
LEVEL OF 1959 SURVIVOR BENEFITS) FOR LOCAL MISCELLANEOUS MEMBERS:
Administration.
A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL
OF THE CITY OF DOWNEY AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM.
B. ADOPTED RESOLUTION NO. 09-7131, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, A RESOLUTION OF INTENTION TO APPROVE AN
AMENDMENT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY
OF DOWNEY.
Mayor Guerra requested the dollar amount and asked if this was follow up to previously
approved labor contracts. Assistant City Manager Powell noted that this is implementing a contract
that was previously approved and would cost $41,937 for the optional 2W and $56,238 for 4th per
year, equaling a .3% salary increase in the original agreement which is actually .22 and .29 below
original projection for those benefits.
It was moved by Council Member Brossmer, seconded by Council Member Gafin and
unanimously carried to introduce the Ordinance.
It was moved by Council Member Brossmer, seconded by Council Member Marquez and
carried noting the dissent of Mayor Guerra to adopt the Resolution.
STAFF COMMENTS: None
City Council Minutes 05/12/09 -6-
ADJOURNMENT:
The meeting adjourned at 9:20 p.m. to 6:30 p.m., May 26, 2009, in memory of Diana
Nikkhah-Tomcsanyi, Library Systems Manager, and Robert Durkee, former Planning
Commissioner.
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MARIO A. GUERRA, Mayor
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KATHLEEN L. MIDSTOKKE, City Clerk
City Council Minutes 05/12/09