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HomeMy WebLinkAboutMinutes - 09-24-13 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 24, 2013 The City Council of the City of Downey held a Regular Meeting at 6:41 p.m., September 24,2013, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Guerra presiding. PRESENT: Council Members: Mario A. Guerra Mayor Fernando Vasquez Mayor Pro Tern Roger C. Brossmer Arrived at 9:12 p.m. Luis H. Marquez Alex Saab ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, CMC, City Clerk Shannon DeLong, Assistant to the City Manager Carl Charles, Police Chief Mark Gillaspie, Assistant Fire Chief Brian Saeki, Community Development Director Anil Ghandy, Interim Finance Director Arlene Salazar, Parks & Recreation Director Gladys Chavez, Secretary The Invocation was delivered by Rajan Zed, President of Universal Society of Hinduism. The Flag Salute was led by Steve Sampley from the Downey Sister Cities Association. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS Mayor Pro Tem Vasquez welcomed everyone in the audience. He congratulated Mayor Guerra for his recent installment as President of the Independent Cities Association and congratulated the Emergency Preparedness Committee, the Fire Department, and the Police Department for the successful Fair Event at Stonewood Center. He reported attending The League of California Cities Annual Conference and Expo. He reported on one of the workshops he attended,"The Future of Sales Tax." He welcomed Emergency Preparedness Committee Member Molinaro who was in the audience. Council Member Marquez welcomed everyone in attendance. He congratulated Mayor Guerra for his recent installment as President of the Independent Cities Association. He reported attending The League of California Cities Annual Conference and Expo. He reported on one of the workshops he attended, "Property Management Plans: Property Fire Sale or Economic Development Opportunity." -- Council Member Saab welcomed Chamber of Commerce Board of Director Madriaga and Green Task Force Committee Members Perez, Clutterham, and Gayton who were in the audience. He reported attending The League of California Cities Annual Conference and Expo. He congratulated Mayor Guerra for his recent installment as President of the Independent Cities Association. He thanked Community Development Director Saeki, Administrative Aid/Public Information Officer Montenegro, Keep Downey Beautiful Coordinator Rowland, and staff for their participation in the 4t"Annual Taste of City Council Regular Meeting Minutes of September 24, 2013 1 Downey Arts and Wine Festival. He stated that a Council initiative was to become an environmentally friendly City; in line with the initiative the Council has adopted the use of IPads. He requested staff move forward with providing WiFi in City Hall, the Downtown area, and other City buildings. He stated the City was awarded a grant by Caltrans in the amount of$225,000 for the Bicycle Master Plan and he thanked Assistant City Manager Oskoui and Administrative Aid/Public Information Officer Montenegro. He thanked the Emergency Preparedness Committee, Fire Department, Police Department, and staff for a great event at Stonewood Center. He requested staff move forward with upgrading the City's Website. City Manager Livas stated the City is currently working on introducing WiFi at City Hall by the end of the month and Assistant to the City Manager DeLong is working with Time Warner Cable to provide WiFi in other parts of the City. Mayor Guerra stated he agreed to the addition of WiFi in certain location in the City and he thanked City Clerk Jimenez for introducing new technical forms of enhancing City operation. He stated the new IPads will allow Council to efficiently view Agenda reports. He reported attending The League of California Cities Annual Conference and Expo. He advised on a few of the workshops he attended, "Civic Innovation: Re-engaging our Citizenry and Making Government More Effective" and "The Affordable Care Act and City Responsibilities." He stated meeting the President of Union Pacific on a few test cases that will include beautifying power boxes located near train stations. He stated speaking with the Santa Fe Spring Chamber of Commerce on how to enhance business ownership. He stated wining a victory against a Zoning Bill from Sacramento that would eliminate local zoning controls. He reported attending the 204th Anniversary of the Independence of Mexico Event. He recognized his wife and the Crosby Family who were in the audience. PRESENTATIONS Mayor Guerra's Healthy Downey weight was 250 pounds. Mayor Guerra welcomed Mayor Tom Crosby of County Roscommon, Ireland and provided a presentation on his delegation trip to Ireland. He reported on the following opportunities a Sister City relationship with Roscommon Ireland will provide: student educational exchange, Chamber of Commerce relationship, business benefits, and cultural exchanges. He reported having the bust of Mr. Gately modeled after the original one located in his hometown of Roscommon, Ireland commissioned for our City and currently sits outside of City Hall. He stated speaking at the Rossies Event held at the King House that was attended by over 500 guests. He presented photos of John Gately Downey's birthplace; photos of both he and Mayor Crosby signing the Sister City Agreement; photos of the American flag displayed alongside the Irish flag; photos of the delegation; and a photo of the Sacred Heart Church. He stated that outside of our City Hall tonight we have the American flag displayed alongside the Irish flag as a show of support for our new Sister City relationship. Mayor Guerra introduced Aureen Gaffney-Wolfson who painted two portraits for the Downey Sister Cities Association Delegation. Ms. Gaffney-Wolfson stated that one of the portraits was presented to the Mayor of Roscommon. Ms. Gaffney-Wolfson thanked the City for the opportunity to be a part of this historic event. Mayor Guerra introduced Mayor Tom Crosby of Roscommon, Ireland. Mayor Crosby thanked the Mayor, City Council Members, and staff for bringing this Sister City relationship together. He stated being very proud of the Sister City connection. He thanked the delegation, the Mayor and his wife for their support during a family medical emergency. He stated in part, this is a small example of what a .--. Sister City relationship can do. He thanked our Country for the support it has provided his Country. He expressed looking forward to building on this relationship going forward. The Downey Sister Cities Association presented the City with a Portrait of Governor John Gately Downey. City Council Regular Meeting Minutes of September 24,2013 2 Nancy Limon, Torn Davidson, and Frank Macklin of Coca-Cola awarded the Downey YMCA a $50,000 Grant for their role in the Healthy Downey initiative. Mayor Guerra presented a Proclamation and Proclaimed October 9,2013 as Walk To School Day. Parks & Recreation Director Salazar stated she was very pleased to announce that for the first time the Downey Unified School District will be participating in the International Walk to School Day. She stated the goal is increase physical activity and encourage the community to volunteer. CITY COUNCIL CONSENT CALENDAR: This item was taken out of order. CONSENT CALENDAR ITEMS REMOVED 5. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH MARK STANLEY FOR PROFESSIONAL ANALYSIS AND CONSULTING SERVICES RELATED TO THE DOWNEYLINK OPERATION: Parks and Recreation. This item was removed at the request of Mayor Pro Tern Vasquez and is listed under Other Business. 8. APPROVE THE ACQUISITION OF HDL BUSINESS LICENSE PRIME WEB SOFTWARE AND AUTHORIZE THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH HDL SOFTWARE, LLC IN AN AMOUNT NOT TO EXCEED $70,000: Finance. This item was removed at the request of Mayor Pro Tem Vasquez and is listed under Other Business. CONSENT CALENDAR It was moved by Mayor Pro Tem Vasquez, seconded by Mayor Guerra, and carried 4-0-1 with Council Member Brossmer excused, to approve the remainder of the Consent Calendar. 2. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of September 10,2013: City Clerk. 3. APPROVED WARRANTS ISSUED: Warrant Nos. 279284-279593; Wire Nos. 30003006- 30003014, and Manual Wire Nos. 1175-1180, in the total amount of$2,740,505.30: Finance. 4. APPROPRIATED $70,000 FROM THE ASSET FORFEITURE FUND TO PURCHASE TWO POLICE SERVICE DOGS,TO TRAIN THE DOGS AND THEIR HANDLERS,AND TO PURCHASE RELATED EQUIPMENT: Police. 6. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL GOLF FOUNDATION CONSULTING, INC. FOR PROFESSIONAL ANALYSIS AND CONSULTING SERVICES RELATED TO RIO HONDO GOLF CLUB: Parks and Recreation. 7. APPROVED A MEMORANDUM OF UNDERSTANDING WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY(MTA) FOR PAYMENT FOR REPORTING FY 2011 NATIONAL TRANSIT DATABASE INFORMATION: Parks and Recreation. 9. ADOPTED RESOLUTION NO. 13-7444,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE WILDERNESS PARK PROJECT:Administration. It was moved by Mayor Pro Tem Vasquez, seconded by Council Member Marquez and carried with Council Member Brossmer voting yes, Council Member Saab voting yes, Council Member Marquez voting yes, Mayor Pro Tern Vasquez voting yes, and Mayor Guerra voting yes to approve Item No. 9 City Council Regular Meeting Minutes of September 24,2013 3 NON-AGENDA PUBLIC COMMENT Alan Halstensguard, resident, spoke about his opposition of abortion. Steve Perez, Green Task Force Committee Member, requested modification of the Municipal Code as it relates to landscaping of front yards and requested approval of front yard gardens and drought tolerant landscaping. Shaun Aston, Green Task Force Committee Member, requested modification of the Municipal Code as it relates to landscaping of front yards and requested approval of drought tolerant landscaping. Anthony Negrete, Green Task Force Committee Member, stated being in support of drought tolerant landscaping. Lars Clutterham, resident, thanked the City for implementing the Healthy Downey Program. He stated being in favor of community gardens. He requested careful distinguishing regulations be made between community gardens, drought tolerant landscaping, and, front lawn gardens. He thanked the City for acquiring the Bike Master Plan Grant. OTHER BUSINESS 5. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH MARK STANLEY FOR PROFESSIONAL ANALYSIS AND CONSULTING SERVICES RELATED TO THE DOWNEYLINK OPERATION: Parks and Recreation. Mayor Pro Tem Vasquez asked when the findings of the analysis would be presented to staff. -^ City Manager Livas stated once the item was approved, staff would move towards providing the information. The City is trying to maximize its money and serve the public. Parks& Recreation Director Salazar stated the initial report would be available within three to four months. The process is a bit complicated because prior to any changes to the DowneyLink system the Los Angeles Metropolitan Transportation Authority (MTA) must first review all recommendations by staff. She stated the entire process may take up to one year. Council Member Saab asked if the analysis would provide information on how best to maximize the use of the Downey Depot. Parks&Recreation Director Salazar stated the analysis will look at a shared use with Dial-A-Ride, DowneyLink, and other metropolitan transportation providers. Mayor Guerra asked if other uses for the Downey Depot building will be considered. Parks& Recreation Director Salazar stated other uses for the building can be reviewed; however, because the original funding was provided by the Federal Transportation Authority any future uses must be carefully considered. Currently, it houses the Downey Dial-A-Ride dispatch department but a joint use can be taken into consideration. Mayor Guerra asked if parking from the Downey Depot can be used in the evening once the buses have stopped running as additional parking for the Downey Gateway. He requested clarification if consideration of additional parking space could be considered prior to this analysis being completed. Parks & Recreation Director Salazar stated the analysis would focus on the use of office space. City Council Regular Meeting Minutes of September 24,2013 4 City Manager Livas stated the City could start a review process for the recommendation of shared parking spaces during off peak bus hours at this time. Mayor Pro Tern Vasquez asked for clarification regarding the addition of taxi service. His concern relates to negative advertising that may be displayed on a taxi cab. Parks & Recreation Director Salazar stated the analysis will address those concerns. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Saab, and carried 4-0-1, with Council Member Brossmer excused, to approve the agreement. 8. APPROVED THE ACQUISITION OF HDL BUSINESS LICENSE PRIME WEB SOFTWARE AND AUTHORIZED THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH HDL SOFTWARE, LLC IN AN AMOUNT NOT TO EXCEED $70,000: Finance. Mayor Pro Tern Vasquez asked for clarification if the software would provide the ability to check the status of a permit application on-line. City Manager Livas stated the software will not allow for that capability. The software will allow for on-line business registration. In the near future, other modules will be added to the software that will include the permit process. Mayor Guerra asked for clarification if on-line billing for water could be included along with the business registration model. City Manager Livas stated it cannot, but will be reviewed during upcoming module upgrades. It was moved by Mayor Pro Tem Vasquez, seconded by Council Member Marquez, and carried 4-0-1, with Council Member Brossmer excused, to approve the agreement. PUBLIC HEARING: This item was taken out of order. 1. REVIEW OF AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A VARIANCE (PLN-12-00261): Community Development. ADOPT RESOLUTION NO. 13- ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL OF A VARIANCE (PLN-12-00261) REQUESTING TO DEVIATE FROM DOWNEY MUNICIPAL CODE SECTION 9312.08(A)IN ORDER TO ENCROACH INTO THE REQUIRED 20-FOOT REAR YARD SETBACK, THEREBY ALLOWING THE MAIN STRUCTURE TO BE BUILT TO THE PROPERTY LINE AT PROPERTY LOCATED AT 7215 BAIRNSDALE STREET (AIN: 6366-031-002). Mayor Guerra opened the Public Hearing at 8:27 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Vasquez, seconded by Council Member Saab, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. Community Development Director Saeki stated for consideration tonight is a review of an appeal of the Planning Commission's denial on a Variance. He stated this item came before the Council on June 25, 2013 at which time the Council requested a continuance to allow staff to gather additional information from the applicant, Mr. Elias. A second continuance was requested by the applicant in August which brings this item before the Council tonight. He reminded Council that the original request from Mr. Elias was to deviate from the required rear set back of 10 ft. separation of an accessory structure from a main dwelling. He stated currently the applicant's accessory patio structure, because attached to the main dwelling, is in violation of the City's Building Codes. City Council Regular Meeting Minutes of September 24,2013 5 Mayor Guerra asked if Mr. Elias removed the accessory patio structure he built attached to the main dwelling, would the remainder of the bar-b-que area be allowed to remain. Community Development Director Saeki stated that because Mr. Elias built the structure on an un- permitted deck the entire structure will have to be removed. In addition, based on the City's Municipal Code, the structure encroaches into another property in the rear even though that property currently does not include structures. Mayor Guerra stated the Council had previously given direction to staff to review the Municipal Code that relates to encroachment when a homeowner has no rear neighbors. Community Development Director Saeki stated staff reviewed properties within the City that may fall under similar circumstances and the City has 33 such properties for which the City has granted one Variance. Mayor Guerra asked if Mr. Elias can request a Variance or will the entire structure have to be removed. Community Development Director Saeki stated if the new structure was free-standing it would be considered an accessory structure and would be allowed, but cannot exceed 12 ft. in height and must have 10 ft. separation from the main structure. If the structure was separated from the main dwelling by as little as two inches,the applicant can request to encroach into the required 10 ft.separation between an accessory structure and a main dwelling. Council Member Saab asked for clarification from the Fire Chief as to why such a structure would not be allowed. Assistant Fire Chief Gillaspie stated there are life and safety concerns because the structure is attached to the main dwelling. In the event of a fire there is a potential for fire spreading from the accessory structure to the main structure. Community Development Director Saeki stated the structure analysis provided by the applicant revealed the following: columns need to be exposed for proper inspection; support beams need to be properly connected, currently they are not up to Building Code standards; rafters may need hangers based on a visual inspection;4x6 support beams do not meet standards; and, all connections need to be verified. The City also conducted their own analysis and provided the following findings: wind low calculations needs to be performed; patio cover is attached to a second floor balcony support beam and the City cannot determine the load the beams can support; there is a non-permitted deck; lack of water protection; non permitted electrical; and, other building and safety requirements that are not being met. Based on all of these findings staff recommends the Council uphold the Planning Commission's decision to deny the Variance and move forward with having the structure removed. Mayor Guerra stated that the recommendation to remove the entire structure does not seem fair and the homeowner should be given options. He suggested staff return to Council in a few months with a change in the Variance to allow the homeowner to tear down the structure with the option to rebuild it. Community Development Director Saeki stated he does not recommend that decision in light of the fact that the City now has evidence of a potential danger associated with the structure. He stated the homeowner has the option to rebuild as a free standing structure and applying for a Variance in order to encroach into the 10 ft. rear set back between a main structure and an accessory structure. Under this option the homeowner can rebuild a safe and sound structure.The second option would be for the City to move forward with a Code Amendment to allow for main dwellings to be built all the way to the . rear property line; however, the Council should keep in mind that allowing for such an amendment could potentially mean that a homeowner can build a bedroom up to the property line that can include a two story home. City Council Regular Meeting Minutes of September 24,2013 6 City Manager Livas stated that Community Development Director Saeki's option to detach the accessory structure from the main structure and go through the Variance process was the better approach. Mayor Guerra stated he was not going to vote tonight to deny a Variance without giving the homeowner options. Mayor Pro Tem Vasquez stated in a previous meeting the applicant was to provide the City with calculations and asked if they had been received by staff. Community Development Director Saeki stated staff did not receive calculations from the applicant. Mayor Guerra invited the public to speak on this item. Mr. Elias stated the only information requested by the Planning Department was results of a structural observation of the existing condition. Mayor Guerra asked if staff was satisfied with the engineering report provided by the applicant. Community Development Director Saeki stated the engineering report provided by the applicant does reflect the findings from the City's building official including that many components of the structure do not meet City Code. He stated the visual observation raised concerns but the bigger concern is that which cannot be seen as it relates to the footings of the columns of the structure. Extensive demolition would be required to allow for adequate inspection. City Manager Livas asked Mr. Elias what outcome is he expecting. He stated the City could not turn a blind eye to the public safety concern of this structure and is he willing to expose all of the footings to allow for thorough visual inspection. Mr. Elias stated he would like the opportunity to reinforce the structure he currently has and make it a legal and safe structure and would have to take any recommendation under consideration before making a decision. He stated he would have to review the financial aspect of all recommendations. City Manager Livas stated because there are public safety concerns that must be addressed there will be a cost associated with any decision made by Council. He stated that the current Building Code is meant to protect neighbors to the rear of a property, but he understands the unique situation with this property since it does not have rear neighbors. Mayor Guerra stated he would like to present Mr. Elias with options. City Manager Livas requested time be given to Mr. Elias to review costs associated with tonight's suggestions. City Attorney Abich Garcia stated because the Council is providing options to Mr. Elias,time should be granted to allow him the ability to sort them out. She stated the item could be continued to a date certain and unless the appeal is withdrawn by the applicant tonight,the decision from Council will be to grant a Variance or uphold the Planning Commission's decision. Council Member Marquez stated that regardless of the decision made tonight there is a safety concern with the structure that must be addressed. The City has established the Municipal Codes based on safety concerns regardless of where his property is located. There will be cost associated with any decision the Council makes. He stated that as an elected official he cannot sacrifice the safety of the applicant's family and he did not want to delay making a decision any further. City Council Regular Meeting Minutes of September 24, 2013 7 Mayor Guerra asked for clarification on the options presented to Mr. Elias. Community Development Director Saeki stated the Mr. Elias is requesting the City legalize the structure as is for which the City will not approve due to the structural concerns and based on current Building Codes. However, if the applicant is willing to separate the structure making it a free standing structure he can apply for a Variance through the Planning Commission in order to encroach into the 10 ft. rear setback between two buildings. Mayor Guerra asked if this item can be placed on-hold until the applicant applies for a Variance to encroach into the 10 ft. rear yard setback separation. City Attorney Abich Garcia stated the item may be continued to allow the applicant to go through another Variance process in order to encroach into the 10 ft. rear yard setback. She cautioned the Council that the applicant would have to consent to that decision. In the event he did not,the Councils decision tonight would be to uphold the Planning Commission's decision or deny the appeal. Council Member Marquez stated the structure must be inspected for safety regardless of the decision made tonight or on another night. Mayor Guerra stated if the applicant agreed to explore other options, meet with City staff, and discuss reasonable alternatives, there is more rational to it rather than asking the applicant to tear the entire structure down especially in light of the fact that the Building Codes may change in the near future. Council Member Marquez stated regardless of the fact that Building Codes may change the City has a process of obtaining permits that includes inspection of the work performed which unfortunately, was not able to take place with this project. Community Development Director Saeki stated if the applicant was to remove the existing structure, based on the City's current Zoning Codes, he could only rebuild if the Planning Commission granted a Variance and then go through the standard building process which includes providing the City a full set of plans and specifications. City Manager Livas stated the structure will require more than a few cosmetics changes;therefore, none of the options available will entail a minimal amount of work. Mayor Guerra asked the Mr. Elias what his solution would be with the understating that the structure cannot remain as-is. Mr. Elias stated that he would meet safety requirements to include separating the structure from the main dwelling and provide structural drawings. Mayor Guerra stated that even if the structure was removed Mr. Elias would not be able to rebuild based on current Building Codes. He requested staff bring back to the Council information for a possible Code Amendment as it relates to properties that have no rear neighbors. Community Development Director Saeki stated the item being discussed tonight is regarding the patio cover; however, the remaining bar-b-que structure was built without permits. Mrs. Elias stated the City's current option to remove the structure and apply for a Variance that may not be approved is not a fair option. Her goal is to have the structure remain with the addition of safety modifications. City Council Regular Meeting Minutes of September 24, 2013 8 City Attorney Abich Garcia stated demolishing is not required if they go through the Variance process to include the application. Mr. Elias can leave the structure as is during the Variance process at the same time this proceeding is deferred so the ability to hear this appeal is not lost. If the Variance is approved you can apply conditions and if it is denied, you can abandon it and have this issue re- heard. Mayor Pro Tern Vasquez asked Mr. Elias if he understood the Variance process, permit application fees, and regardless of the decision made by Council, there will be cost involved. Mr. Elias stated he understood. Community Development Director Saeki asked for clarification on leaving the structure as-is. City Attorney Abich Garcia stated the structure would be left as is during the Variance process that would address a free-standing structure and would include encroaching within the 10 ft. rear set back. If the Variance is approved the applicant would withdraw tonight's appeal. Mayor Guerra asked Mr. Elias if he was willing to work with staff. He stated he did not want staff to return to Council advising them of their unwillingness to work with the City because then the Council would have to take that into consideration when taking action on the item. Mr. Elias stated they have always been willing to work with staff and will continue to do so. Mr. Goldstein, resident, stated if he was in Mr. Elias' place, he would make the structure structurally sound, request it stay connected to the main structure, and let staff know which Variance would work best. Mayor Guerra asked if there was anyone else wanting to speak on this item. Having no-one come forward, It was moved by Council Member Saab, seconded by Mayor Pro Tern Vasquez, and unanimously carried to close the public hearing. Mayor Guerra stated he agreed with the City Attorney and requested Mr. Elias work with staff. Council Member Saab asked if the Variance would go before the Planning Commission. City Attorney Abich Garcia stated the Planning Commission would hear this item if Mr. Elias decided to apply for a Variance, if not, the appeal would return to the City Council. It was moved by Mayor Guerra, seconded by Mayor Pro Tern Vasquez, and carried 4-0-1, with Council Member Brossmer abstaining, to continue the appeal to a date uncertain and direct staff and the applicant to work on a Variance that would allow for a detached structure and encroachment of the required 10 ft. minimum separation between an accessory structure and a main dwelling. ADMINISTRATIVE REPORTS 10. DOWNEY CIVIC THEATRE — FINANCIAL ASSISTANCE POLICY AND FACILITY USAGE GRANTS FOR QUALIFYING DOWNEY-BASED ORGANIZATIONS: Parks and Recreation. A. ADOPTED RESOLUTION NO. 13-7445,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A FINANCIAL ASSISTANCE POLICY FOR USE OF THE DOWNEY CIVIC THEATRE; and, B. ADOPTED RESOLUTION NO. 13-7446,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING RENTAL CREDIT FOR THE USE OF THE DOWNEY CIVIC THEATRE TO THE DOWNEY SYMPHONY ORCHESTRA AND THE DOWNEY ROSE FLOAT City Council Regular Meeting Minutes of September 24,2013 9 ORGANIZATION FOR FISCAL YEAR 2013-14. City Manager Livas stated staff has been working with the Theatre Sub-Committee and will report on some of the recommendations. Parks and Recreation Director Salazar stated there are two resolutions before Council tonight regarding the Downey Civic Theatre's Financial Assistance Policy and the Facility Usage Grant. She stated that for the past couple years the City has made a general contribution of$400,000 per year to theatre subsidies. Fiscal year 2012/13 the City continued to support the theatre despite the $11.5 million budget deficit. After the budget restructure, individual subsidies were eliminated and instead were divided into two legacy groups: Downey Civic Light Opera (DCLO) and Downey Symphony Orchestra (DSO). The Subcommittee has met three times and included Council Member Brossmer, Council Member Gafin,who was termed out, and replaced by Council Member Saab. She stated there were two recommendations from the Sub-committee. The first, a $10,000 theatre rental credit that would be awarded to eligible Downey-based art organizations through a selection process and would apply only to rental fees and cannot be carried over from year-to-year. The second, provide a$15,000 theatre rental credit that would be allocated to two current legacy organizations and would be divided by giving a one-time rental credit of$10,000 to the Downey Orchestra and $5,000 to the Downey Rose Float Association. The fiscal impact from the financial assistance would be in the form of a $25,000 loss in revenue from potential paying renters. Council Member Brossmer asked for clarification on what the subsidy amount was that the City has been giving. Parks & Recreation Director Salazar stated the amount was $110,704 to the DCLO and DSO. Council Member Saab asked for a breakdown of the amount. Parks & Recreation Director Salazar stated $41,947 DCLO and $7,690 for DSO. Mayor Guerra stated that comments regarding the City not supporting these legacy organizations are unfounded. The fact is the City has provided $49,637 in funding. Council Member Saab stated that the amounts agreed upon tonight can be revisited at a later date if the City needed to increase it. Council Member Brossmer stated if the City were to receive many applications, at the Council's discretion, it can add additional funding. He requested clarification on what the DSO's and the Downey Rose Float Association's average cost is to use the facility. Parks & Recreation Director Salazar stated they are projecting the DSO's expense to be $12,000 and the Downey Rose Float Association to be $4,000. Council Member Brossmer stated the City would be paying the majority of their rental cost per the second recommendation. Mayor Guerra invited the public to speak on this item. Carol Kerns, resident, stated she is a Board Member of the Downey Symphonic Society and the Downey Art Coalition and she thanked the City for making it more feasible to bring art to the City. Robert Goldstein, resident, stated it is his opinion that the City has hired Venutech to run the theatre for$400,000 and not necessarily contributed this amount. He sated it was getting increasingly difficult to raise funds. City Council Regular Meeting Minutes of September 24,2013 10 Council Member Brossmer stated the City was not happy to see the DCLO leave because of the value it brought to the community. Tonight's decision on funding makes a strong statement that the City will continue to support legacy groups and invigorate future legacy groups. Mayor Guerra stated the City provided$400,000 from the General Fund in support of art regardless if that is viewed as a donation or contribution. Council Member Brossmer stated with subsidy comes requirements that will include transparency of the group. Mayor Pro Tem Vasquez thanked Council Member Saab and Council Member Brossmer for their efforts while serving on the Sub-committee. Council Member Saab stated that if the DCLO wished to return to the City, the Council would be supportive. Mayor Guerra stated the City has always supported the DCLO by providing annual financial support. It was moved by Council Member Brossmer, seconded by Council Member Saab, and unanimously carried to adopt the Resolution to establish a financial assistance policy for use of the Downey Civic Theatre. It was moved by Council Member Brossmer, seconded by Council Member Saab, and unanimously carried to adopt the Resolution approving rental credit for the use of the Downey Civic Theatre to the Downey Symphony Orchestra and the Downey Rose Float Organization. It was moved by Council Member Brossmer, seconded by Council Member Saab,and unanimously carried to approve staffs recommendation and establish the initial fund of$25,000. 11.APPOINT COMMISSIONERS TO THE DOWNEY YOUTH COMMISSION: Parks and Recreation. Park & Recreation Director Salazar stated of the 15 Youth Commissioners appointed for the term of 2012/2013,five were termed out in June 2013 and two stepped down resulting in the current 7 vacancies. The City solicited applications and a total of 22 were received. She stated Council Member Marquez is recommending Edward Valencia and Council Member Saab is recommending Miguel Esquitin, Ada Hernandez, and Zachary Munder. Mayor Pro Tem Vasquez is recommending Yesenia Rodriguez. Council Member Brossmer recommended Ema Ramos and Emily Lopez. Mayor Guerra stated the Council is very proud of this Commission and of all the applicants. He requested the Youth Commission provide the Council with recommendations of the direction they want the City to go in. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Brossmer, and unanimously carried to approve the recommendations. 12. HOLIDAY HOME DECORATING CONTEST: Parks and Recreation. Park&Recreation Director Salazar stated Council Member Saab had requested that staff provide a report to consider the restoration of the Holiday Home Decorating Contest. She stated the program was a free community-wide event that included about 45 homes annually and required about 5.5 hours with judges spending an average of 5 minutes at each home. If the Council would like to restore the Holiday Home Contest and approve funding, staff would require approximately 70 hours of part time staff to City Council Regular Meeting Minutes of September 24,2013 11 restore the event and after procuring event supplies the total fiscal impact would be$3,800 that is not currently budgeted. Council Member Saab asked how residents would be notified of this event and if in the past it had been advertised in the water bill. Park & Recreation Director Salazar stated the City would advertise via direct mail to past participants, flyers would be distributed at various community facilities, via the City's website, or place an ad in the Park & Recreation Guide. It had not been advertised in the water bill. Council Member Brossmer stated the community enjoyed the event very much. Mayor Guerra agreed the community enjoyed the event and missed it when it was removed. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Marquez, and unanimously carried to restore the Holiday Home Decorating Contest and approve the$3,800 budget. 13. COMMUNITY GARDENS: Community Development. Community Development Director Saeki stated staff had received inquiries about establishing a community garden within the City. Currently, the City's Zoning Code does not allow community gardens. He stated staff is in support of a community garden and can be part of an under-utilized space within the City.At the discretion of the Council, staff can begin to initiate a Code Amendment, in which staff will research community gardens, prepare the necessary paperwork, and return to the Planning Commission and the Council with public hearings to change the City Code. He estimated staff time to be between 200-250 hours. Mayor Guerra stated 200-250 hours of staff time seemed excessive. He requested the time be cut in half. City Manager Livas stated that research will take time based on the software that will be used and the amount of information that must be reviewed. However, staff will work efficiently in identifying sites within the City where objections from neighbors will not exist. Council Member Brossmer stated to minimize objections from residents the gardens should not be part of the R-1 Zone and perhaps can be located under power lines, easements, or part of local churches. Council Member Saab stated not to automatically exclude the R-1 Zone. City Attorney Abich Garcia stated one way to streamline the environmental analysis would be to keep community gardens out of the R-1 Zone. City Manager Livas stated the City can begin phase one by looking into locations away from R-1 Zones but certainly phase two can include this Zone. Mayor Pro Tem Vasquez asked if any of the current Zoning Codes allowed for the City to receive a Negative Declaration for a community garden. Community Development Director Saeki stated no, the current Zoning Code would have to be amended to allow for community gardens and as part of that amendment the City would need a mitigation negative declaration that would address all environmental impacts. Once this process is completed a resident can request from the City to have a community garden in a designated location. The recommendation from staff would be to keep a community garden out of the R-1 Zone at this time. City Council Regular Meeting Minutes of September 24,2013 12 Mayor Guerra invited the public to speak on this item. Steve Perez, resident, stated he agreed with community gardens and would also like to have the ability to grow vegetables in his front lawn. It was moved by Mayor Guerra, seconded by Council Member Brossmer, and unanimously carried to direct staff to initiate a Code Amendment in which staff will research allowing community gardens outside of the R-1 Zone. STAFF MEMBER COMMENTS City Manager Livas stated the Council approved a golf course bond refinancing. As part of this process the City went through a rating system with Standard and Poor's an American financial services company, in which the City received an A+ rating. Mayor Guerra stated the Budget Sub-committee met and the outcome has been favorable.The City is financially sound. City Manager Livas thanked; Assistant City Manager Oskoui and Administrative Aid/Public Information Officer Montenegro for acquiring a $225,000 Bicycle Master Plan Grant; Community Development Director Saeki, Parks & Recreation Director Salazar, Fire Department, Police Department, and Public Works for their participation in the 4th Annual Taste of Downey Arts and Wine Festival; and, the Theatre Sub-committee. He stated being present during the meeting in which the Downey Civic Light Opera agreed to the terms set by the City about a year ago and it is unfortunate they did not honor the terms of the agreement. He congratulated Mayor Guerra for his recent installment as President of the Independent Cities Association and stated he received accolades from other Cities as it relates to that event. Mayor Guerra thanked Assistant to the City Manager DeLong, Secretary to the City Council Conte, and staff for their participation in the Independent Cities Association meeting. He stated other Cities expressed excitement over what the City has to offer. ADJOURNED The meeting adjourned at 10:20 p.m. to 5:30 p.m., October 8, 2013, in Memory of former Council Member Milton Mackaig, Jr.; Taylor Ward, nephew of former Mayor Robert Winningham; and, the servicemen who perished this past week during Operation Enduring Freedom: Staff Sgt. Joshua Bowden, 28, Villa Rica, GA; Staff Sgt. Todd Lobraico, Jr., 22, New Fairfield, CT; Staff Sgt. Robert Thomas, Jr., 24, Fontana, CA. ADRIA M. JI ENEZ, pMC FERNANDO VA , Mayor City Clerk City Council Regular Meeting Minutes of September 24,2013 13