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HomeMy WebLinkAbout01b. Minutes - 01-14-14 Regular MeetingCity Council Minutes – January 14, 2014 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 14, 2014 The City Council of the City of Downey held a Regular Meeting at 6:38 p.m., January 14, 2014, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Vasquez presiding. PRESENT: Council Members: Fernando Vasquez Mayor Luis H. Marquez Mayor Pro Tem Roger C. Brossmer (arrived 8:06 p.m.) Alex Saab Mario A. Guerra 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 Arlene Salazar, Parks & Recreation Director Gladys Chavez, Secretary The Invocation was delivered by Council Member Guerra. The Flag Salute was led by Police Chief Charles. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed everyone in attendance. He invited everyone to attend the Downey Symphony Orchestra performance of Venice, Vivaldi, and the Red Violin at the Downey Civic Theatre February 1. He congratulated the Downey Rose Float Association and Rose Float Association Members De Remer and Roberts for winning the Founders Award. He requested an item be brought before the City Council to discuss waiving the Rose Float Association’s police escort fee charged for transporting the float to the Tournament of Roses Event. He stated the Columbia Memorial Space Center is moving forward with finding an Executive Director and thanked interim Director DeLong. He stated the Space Center is looking into summer events to include summer movie nights. He invited everyone to attend the Emergency Preparedness Committee’s W ater Barrel Distribution Event and Stroke Screening Seminar Event at the Rio Hondo Golf Course sponsored by the Rancho Los Amigos Foundation. He mentioned that the Miss Downey Pageant was accepting applications. He reported attending a Make Music Downey Meeting and stated this year’s Make Music Downey Event will be held June 14 and applications are being accepted for bands. He congratulated Saint John Bosco’s football team for winning the State Championship. He invited everyone to attend the Ribbon Cutting Event for the Farmers and Merchants Bank. He reminded everyone of his office hours, Fridays 3:00 p.m. to 5:30 p.m. City Council Minutes – January 14, 2014 2 Mayor Pro Tem Marquez welcomed everyone in attendance. He thanked staff for all of their efforts during 2013 and stated he is looking forward to a successful future. He reported that as a Gateway Council of Government Board Member he has been responsible for items that relate to the Metropolitan Transportation District, the I-5 freeway expansion project, the 710 freeway Mater Development Plan, and solutions for Redevelopment. He stated being honored to serve on the board and looks forward to continuous improvements for the City. He mentioned that as a Southeast Area Animal Control Authority Board Member the organization provides multiple resources for residents. He reported, as Chair of the Eco Rapid Transit Committee, they are working on a uniform rail system to connect the City of Cerritos, the Union Station in Downtown Los Angeles, the City of Santa Clarita, and the City of Palmdale. He stated one of the goals is to have a union station located on the Rancho Los Amigos campus in an effort to revitalize the City. He requested staff look into the adoption of a City issued credit card policy for Council Members for transparency as recommend by the State Attorney General’s Office. He requested staff develop a budget for future Mayor Initiatives. He requested staff continue making the Park Master Plan a priority and securing funding sources. Council Member Guerra welcomed everyone in attendance. He reported attending a Healthy Downey Sub-committee Meeting, Risk Management Sub-committee Meeting, and Bicycle Sub- committee Meeting noting the Bicycle Master Plan will introduce exciting things to the City. He stated the Columbia Memorial Space Center is moving forward with finding an Executive Director and thanked interim Director DeLong. He invited everyone to the upcoming Keep Downey Beautiful Event January 18. He stated being in support of waiving the Rose Float Associations police escort fee charged for transporting the float to the Tournament of Roses Event. He reported attending a Contract Cities Association Event in Sacramento where local control and Assembly Bill (AB) 109 were discussed. He requested staff and the Police Department educate residents on bicycle safety; staff work closely with contractors to minimize disruption of street parking to the residents during street resurfacing projects; and, continue the enforcement of illegal flyers posted on light poles to deter the practice in the City. He invited everyone to the upcoming Gangs Out Of Downey (G.O.O.D) luncheon March 12. He stated that as President of Independent Cities Association he is working with the Governor’s Office to declare a State of Emergency as it relates to the water drought. Mayor Vasquez recognized former Mayor Cartozian, members of the Youth Commission, and Asseblymember Garcia’s representative who were in the audience. He reported attending the following meetings: Make Music Downey Festival, Stay Healthy Downey, Bicycle Sub-committee, and Risk Management. He thanked staff, City Manager Livas, Police Chief Charles, Fire Chief Croom, and City Clerk Jimenez for their help during his Mayoral transition. PRESENTATIONS Mayor Vasquez presented the Healthy Heart Award to Dr. Robert Wielenga for his service to the community. Mayor Vasquez presented Certificates of Appreciation to former Downey City Hospital Commissioners. Mayor Vasquez and the City Council presented Certificates of Recognition to Kelley Roberts, Gary De Remer, Jason Redfox, and Jeff Shadic of the Downey Rose Float Association. Mayor Vasquez and Council Member Guerra presented a Certificate of Appointment to Ronnie Fernandez for his appointment to the Green Task Force for Council District 2. Mayor Vasquez and Keep Downey Beautiful Coordinator Roland presented certificates to the 2013 Recycle Oil Artwork Winners. RECESSED/RECONVENED The meeting recessed at 7:45 p.m. The meeting reconvened at 7:53 p.m. with all Council Members present. City Council Minutes – January 14, 2014 3 PUBLIC HEARINGS: 1. 2013 CITY OF DOWNEY WATER SYSTEM REPORT ON PUBLIC HEALTH GOALS: Public Works. A. CONDUCTED A PUBLIC HEARING TO CONSIDER COMMENTS AS RELATED TO THE CITY OF DOWNEY WATER SYSTEM REPORT ON PUBLIC HEALTH GOALS DATED JUNE 2013. B. ADOPTED RESOLUTION NO. 14-7461, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE CITY OF DOWNEY WATER SYSTEM REPORT ON PUBLIC HEALTH GOALS DATED JUNE 2013. Mayor Vasquez opened the Public Hearing at 7:54 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Marquez and carried 4-0-1 with Council Member Brossmer excused to receive and file. City Clerk Jimenez noted there was no correspondence received. Water Utilities Superintendent Dr. Wen stated the water source that provides the residents with water is tested annually based on water quality regulations set by the California Health and Safety Code. One of the provisions specifies that a public water system that serves the community must include a Public Health Goals Report every three years. The report includes information on all possible contaminants that fall below the enforceable mandatory standard that may be found in the water. The City of Downey has prepared such report for the residents, dated June 2013, and is available for the public to view in the City Clerk’s Office, the Public Works counter, or on the City’s website. Council Member Guerra asked how the public received the information contained in the report relating to water conservation. Water Utilities Superintendent Dr. Wen stated the residents receive the report by mail. Mayor Vasquez invited the public to speak on this item. There being no speakers, it was moved by Council Member Guerra, seconded by Mayor Pro Tem Marquez, and so ordered by the Mayor to close the Public Hearing at 7:56 p.m. It was moved by Council Member Saab, seconded by Mayor Pro Tem Marquez, and carried 4-0-1, with Council Member Brossmer excused, to adopt the Resolution. ADMINISTRATIVE REPORTS. This Item was taken out of order. 16. REVIEW THE REQUEST BY CALMET SERVICES TO EXTEND THE TERM OF ITS CONTRACT WITH THE CITY OF DOWNEY FOR A PERIOD OF EIGHT (8) YEARS IN EXCHANGE FOR PROVIDING NEW TRASH RECEPTACLES AND REPLACING ITS FLEET, OPERATING IN THE CITY OF DOWNEY, FROM GASOLINE FUEL TRUCKS TO COMPRESSED NATURAL GAS (C.N.G.) TRUCKS: Council Member Guerra. Mayor Vasquez stated this item will be pulled to a date uncertain. Council Member Guerra stated this item was placed on the agenda without his approval and stated in the future, staff communicate with him in advance before placing an item on the Agenda on his behalf. City Council Minutes – January 14, 2014 4 17. RECEIVE AND FILE AND PROVIDE SUBSEQUENT DIRECTION TO STAFF ON THE NATIONAL GOLF FOUNDATION’S ASSESSMENT REPORT ON THE RIO HONDO GOLF COURSE: Parks & Recreation. Park & Recreation Director Salazar stated in September 2013 the Council approved an agreement with National Golf Foundation (NGF) for consulting services that would review ways of improving the economic performance of the Rio Hondo Golf Course (RHGC). Also included in the process is ensuring the golf course continues to be a self-sustaining enterprise. She stated NGF has completed a comprehensive analysis of the RHGC and is here to present the information. NGF Director of Operations for NGF Mr. Getherall stated the Parks & Recreation Department reached out to his organization to assist in evaluating the operational and economic performance of RHGC in advance of the current concession contracts expiring. The goal was to review the facility, its concession operations, recent financial performance, potential alternative operating structures, golf market environment and to make key finding recommendations. He stated having toured the facility to include the golf course and club house facilities. He stated NGF did not find anything that was inherently constraining rounds of golf and revenue and mentioned one of the main issues may be lack of awareness from the surrounding communities. He stated one main concern was the tight layout of the golf course and pace of play issues; the current structure of having multiple concessionaires is not uncommon for California. Based on testimonials, the current operator is accommodating to special request from patrons and is also willing to invest in various upgrades. The golf course has been maintained by a long-time vendor and the contract amount is appropriate and within range. The course is generally in good condition, the superintended is highly regarded, and there is a strong cooperation with the pro-shop. He mentioned that the RHGC Golfer Survey revealed a high level of satisfaction and with the tweaking of some policies, the enforcement of existing policies, some operational adjustments, and placing more emphasis on marketing to build awareness of the facility, the golf course can build revenue to the level of previous years. Mayor Pro Tem Marquez asked how the City faired when compared to other facilities regarding green fees. Mr. Getherall stated the City was within range when compared to neighboring courses and should continue to keep non-resident rates competitive. Mayor Guerra stated that some of the items he was proud of are the competitive resident discount rates and the weekend rates. Mr. Getherall stated he agreed with the rates and did not have significant changes. He stated the golf course is positioned well with not much immediate competition and with increased awareness and regional advertising attendance can be increased. Mayor Vasquez asked what role social media can play. Mr. Getherall stated the younger generation does rely more heavily on social media and it is certainly something that must be considered. He stated the preliminary cash flow projections shows that the golf course with an enhanced marketing budget to increase awareness in the market is projected to generate approximately $2.86 million in operating revenue for the City’s FY 2015. He also stated that there were two management options that were evaluated for the near-term operation: Concession Agreement and Full-Service Management Contract. Council Member Guerra stated he was glad to see that the comprehensive report reflects that only minor tweaks are needed. He is glad to know the City vendors are representing the City well and requested the City listen to the vendors as they are the most knowledgeable about what the needs are. He recommended the City work with the current vendors and solicit changes to their current contracts and implement recommendations to improve cohesion of service delivery between food and beverage revenues to vendors. City Council Minutes – January 14, 2014 5 Council Member Saab thanked Mr. Getherall for presenting a thorough report. He requested staff provide Council a report prior to moving forward with any of the Capital Improvement Project recommendations. He stated wanting more cohesion and recommended option one: the City work with the current vendors and solicit changes to their current contracts to implement recommendations to improve cohesion of service delivery between food and beverage revenues to vendors. He stated being aware that local groups have stated the City is not flexible, but he looks forward in working with them to encourage greater participation. Mayor Pro Tem Marquez thanked Mr. Getherall for presenting a thorough report. He stated being proud of having a golf course in the City. He stated in the past Council gave direction to staff to review all contracts prior to their expiration date and provide Council with the information and options available. He asked if this particular contract followed that process. City Manager Livas stated that the contract process is being followed as directed by the Council. Staff has done research in order to provide the Council with the contract options before them tonight. He stated the City hired an independent contractor who determined that although the City can send out a Request for Proposal, given the relationship the City has with the current vendor, it would be in the City’s best interest to work with the current vendor. Mayor Pro Tem Marquez thanked City Manager Livas for clarifying that the direction given to staff by the Council had been followed. He recommended option one: the City work with the current vendors and solicit changes to their current contracts to implement recommendations to improve cohesion of service delivery between food and beverage revenues to vendors. He asked Mr. Getherall if he had any recommendations as to the attire that is fit to wear while at the golf course, taking into consideration the variety of players and generations that the golf course caters to and what his recommendation was regarding the beverage cart service. Mr. Getherall stated that he is aware of the culture clash that exists throughout the golf industry. He stated that balancing all age groups will be a challenge that is unique to golf courses. The golf course should strive to meet players in the middle and not go to any extremes with the dress code. It was important to show interest in the younger generation but also to the core players. The beverage cart services is part of the golf experience and can certainly be written in the contract to increase the cart service during peak hours. Council Member Saab asked if the dress code was addressed in the survey. Mr. Getherall stated yes and it did not seem to be of significant importance to those surveyed. The survey revealed that acting professionally while golfing was of greater importance than attire. Mayor Pro Tem Vasquez invited the public to speak on this item. Robert Buckley, President of the Rio Hondo Men’s Golf Club, stated he was in agreement with the recommendations by the Council. He stated the Men’s Club has a self-imposed dress code that is typically followed. Bob Dolcher, resident, stated all three current vendors have done a fine job especially, John Rodriguez. He stated that slow play will unfortunately continue to be an inherent problem with no solution. Dorothy Pemberton, resident, stated the golf course is maintained regularly and she has had a great experience with booking events at the Golf Club and she is in agreement with retaining the current vendors. Having no one else come forward, Mayor Pro Tem Vasquez closed Public Comment. City Council Minutes – January 14, 2014 6 It was moved by Council Member Guerra, seconded by Council Member Saab, and unanimously carried to select option one: the City work with the current vendors and solicit changes to their current contracts to implement recommendations to improve cohesion of service delivery between food and beverage revenues to vendors with staff returning to Council with a final recommendation. Council Member Brossmer arrived at 8:06 p.m. CONSENT CALENDAR ITEMS REMOVED. This item was taken out of order. 5. CASH CONTRACT NO. S.S. 590B - PARAMOUNT BOULEVARD FIBEROPTIC COMMUNICATION SYSTEM PROJECT, PHASE 2 (LUBEC STREET – GARDENDALE STREET): AWARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $949,496 TO SELECT ELECTRIC, INC.: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business. 9. APPROVE AN AGREEMENT WITH SPINITAR SYSTEMS INC., FOR AUDIO AND VISUAL INFRASTRUCTURE UPGRADES TO THE COUNCIL CHAMBERS: City Clerk. This item was removed at the request of Council Member Brossmer and is listed under Other Business. CONSENT CALENDAR It was moved by Council Member Guerra, seconded by Council Member Brossmer, and unanimously carried, to approve the remainder of the Consent Calendar. 3. APPROVED CITY COUNCIL MINUTES: Regular Meeting of September 24, 2013; Regular and Adjourned Meetings of November 26, 2013; Regular Meeting of December 10, 2013: City Clerk. 4. APPROVED WARRANTS ISSUED: Warrant Nos. are 281240 – 281956; Wire Nos. 30003026, 30003073, 30003078 and 30003082–30003103; Manual Wire Nos. 1214 – 1224, in the total amount of $8,275,481.78: Finance. 6. APPROVED A THREE YEAR AGREEMENT WITH THOMSON REUTERS FOR WESTLAW-NEXT ONLINE RESEARCH SERVICES FOR THE CITY ATTORNEY’S OFFICE: City Attorney. 7. APPROVED A SPECIAL SERVICES AGREEMENT FOR PERSONNEL RELATED MATTERS: Human Resources. 8. AUTHORIZED THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DOWNEY AND SOUTHERN CALIFORNIA GAS COMPANY FOR PARTICIPATION IN THE 2013-2014 GATEWAY CITIES ENERGY EFFICIENCY PARTNERSHIP PROGRAM: Public Works. 10. ADOPTED RESOLUTION NO. 14-7463, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MIGUEL DUARTE TO THE PERSONNEL ADVISORY BOARD FOR COUNCIL DISTRICT 1: Mayor Pro Tem Marquez. 11. ADOPTED RESOLUTION NO. 14-7464, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING DONALD CUEVAS TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 4: Mayor Vasquez. 12. ADOPTED RESOLUTION NO. 14-7465, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING DON LAMKIN TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 5: Council Member Saab. 13. AUTHORIZED STAFF TO PROCEED WITH PREPARATION OF AN ENERGY ACTION PLAN FOR THE CITY’S FACILITIES: Public Works. City Council Minutes – January 14, 2014 7 14. APPROVED THE CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 2014: City Council. 15. MERIT INCREASES: Council Member Guerra. OTHER BUSINESS 5. CASH CONTRACT NO. S.S. 590B - PARAMOUNT BOULEVARD FIBEROPTIC COMMUNICATION SYSTEM PROJECT, PHASE 2 (LUBEC STREET – GARDENDALE STREET): AWARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $949,496 TO SELECT ELECTRIC, INC.: Public Works. Council Member Saab abstained from this item because the project is within 500 ft. of his place of business, and left the dais. Council Member Guerra asked for clarification if the installation of new lights that are part of the project would include LED lights. Assistant City Manager Oskoui stated this item included upgrades of infrastructure but the few lights that were part of the project would be LED. Council Member Guerra asked if the construction project would include minimal disruption of traffic flow. Assistant City Manager Oskoui stated the contractor will take into consideration minimizing the disruption of the flow of traffic. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Marquez, and carried 4-0-1 with Council Member Saab abstaining, to approve the project and focus construction on non- peak traffic hours. 9. APPROVE AN AGREEMENT WITH SPINITAR SYSTEMS INC., FOR AUDIO AND VISUAL INFRASTRUCTURE UPGRADES TO THE COUNCIL CHAMBERS: City Clerk. Council Member Brossmer stated that although he agrees with the fact that the audio needs to be upgraded the proposed fees are neither competitive nor appropriate for the size of space we have. He recommended this item go out to bid once the City has identified the scope of work required. Council Member Guerra asked for clarification if this item was part of the bid process and reminded Council that the large expense may be attributed to the re-wiring work that is needed. Council Member Brossmer stated that perhaps staff should considered dividing the project into two parts to include re-wiring and audio/visual but stated both categories did not come in at a competitive price in the quote. City Clerk Jimenez stated that in speaking with our I.T and Public Works Department, the current audio/visual system in Council Chambers is an analog system that is not compatible with new digital technology. Some challenges thus far have been: no audio for videos or Power Point Presentations, poor quality public podium speakers, inoperative cordless microphone, adverse audio reaction during power outages, Department Head desk microphones operate at various volume levels, and the City Clerk’s microphone inoperative. She stated the City received three responses and of the three only Spinitar Systems Inc. provided a quote. She stated some of the proposed improvements would include: demolishing existing analog audiovisual wiring infrastructure and installing new digital cabling, install new High Definition (HD) video room display, install cubby connectivity access box at the podium, upgrade camera cards to HD, install and program new microphones and touchscreen panels, program rechargeable wireless microphones, and install two cubby connectivity access boxes with USB ports at the City Clerk’s desk. City Council Minutes – January 14, 2014 8 Mayor Vasquez asked if this item was part of the Bid process. City Clerk Jimenez stated the item was part of the 2013/2014 Budget Capital Improvement Project (CIP). Council Member Brossmer stated his recommendation was to go through the Request for Proposal process and thanked City Clerk Jimenez for having worked on this item. Council Member Guerra stated he agreed that upgrades need to be made to the current audiovisual system. City Manager Livas thanked City Clerk Jimenez for her work. He recommended both the Public Works Department and the City Clerk work together on this project. It was moved by Council Member Brossmer, seconded by Council Member Saab, and unanimously carried to receive and file and direct the City Clerk to manage the process while working with the Public Works Department to go through a competitive process and return to City Council with a recommendation during the FY 2014/2015 budget review process. ADMINISTRATIVE REPORT: Continued. 18. RECEIVED AND REVIEWED THE PROPOSAL SUBMITTED BY THE YMCA FOR USE OF FURMAN PARK BUILDING #3 FOR ESTABLISHMENT OF A ARTS, ENRICHMENT AND LEADERSHIP CENTER: Parks & Recreation. 19. RECEIVE AND REVIEW THE PROPOSAL SUBMITTED BY DMOA FOR USE OF FURMAN PARK BUILDING #3 FOR A MODERN ART MUSEUM AND CULTURAL CENTER: Council Member Saab. Council Member Saab left the dais during consideration of this item. This item was considered in conjunction with Item No. 18. Parks & Recreation Director Salazar stated the Downey YMCA submitted a proposal for use of Furman Park Building 3 to establish an Arts, Enrichment and Leadership Program. She stated the YMCA would operate the center to include its own staff. She stated the YMCA was present tonight to answer questions. Council Member Brossmer asked for clarification of all the buildings at Furman Park and current uses. Parks & Recreation Director Salazar stated the building on the south side of the campus is Building 1 and is used by sport groups, summer camp, resident functions and includes a kitchen. Building 2 is dedicated to pre-school programs and includes the only restroom on campus, and Building 3 is vacant and was formerly used by the Downey Museum of Arts (DMOA). Mayor Vasquez invited a YMCA representative to speak. Anne Ullstrom, Executive Director of the YMCA stated they are interested in Downey being a hub for Arts and Cultures in the community that includes investing in the youths and families with hands on art and cultural events. This location will serve to teach the youth positive values and behavior in order to make positive choices in life. In addition, they have a great working history with the City. Council Member Guerra asked if from a cost stand point the YMCA will assume the responsibility of making the interior building compliant with building requirements. City Council Minutes – January 14, 2014 9 Ms. Ullstrom stated yes. Council Member Brossmer stated he would like to disclose for the record that both he and Council Member Guerra are active YMCA Board Members. City Attorney Abich Garcia stated that state law does not prohibit Council Member Brossmer and Council Member Guerra from participating on this issue because both do not receive compensation as YMCA Board Members and legally it is considered non-interest. Council Member Brossmer stated that although some audience members may not agree with their participation on this: if both he and Council Member Guerra stepped out, and taking into consideration that Council Member Saab has left the dais, this item would no longer have a quorum for discussion. Mayor Vasquez invited a DMOA representative to speak. Mr. Redfox, President of the DMOA, requested the building be returned for use by the DMOA. He stated the building was a gift by Mr. Woodrow to be used by the DMOA to promote art in the City. He stated the plan was for the DMOA to operate on a multi-gallery system with the goal of having continuous fresh art introduced to the community. In addition, they want to offer music and art classes to all age groups. He thanked the City for their current offer of utilizing the Downey Civic Theatre’s lobby for possible gallery space but unfortunately it does not meet their needs. He stated being willing to work in conjunction with the Downey Art Coalition and the YMCA to find a solution. Council Member Brossmer requested clarification on who would teach their proposed music and art classes; what year did the museum close; what grants has the DMOA pursued and secured; how they will engage local universities; and, clarify how many art shows the DMOA has held since closing its doors. Mr. Redfox, stated there were a few Warren High School teachers and various residents that expressed interest in teaching classes; the DMOA closed their doors in 2009; without a permanent space to show their art collection the DMOA has not been able to apply for grants; local universities have shown a verbal interest but there are no formal agreements in place at this time; and, the DMOA has had a few more than three shows since it closed its doors in 2009. Council Member Guerra clarified that in in the ladder part of 2013 he met with the DMOA Board of Directors along with City Manger Livas. The goal of that meeting was to explore facilities other than Furman Park for use by the DMOA. It was during that meeting the option of utilizing the Downey Civic Theatre lobby came to fruition. By way of background he stated that several months prior to meeting with the DMOA, the City had approached the YMCA about utilizing Building 3 at Furman Park. Just recently the YMCA provided the City with a proposal for use of the building. He stated Building 3 will be better utilized by the programs proposed by the YMCA. He stated when the DMOA closed their doors the City took over the art work and agreed to store it. After the passing of several years, the City is convinced that the DMOA and the City would both benefit from having the DMOA located in the City’s Downtown area. Council Member Brossmer asked for clarification on what the Attorney General was referring to in a letter received dated September 28, 2011, in which she stated the City should not use the building for inconsistent purposes in light of allegations of mismanagement by the DMOA. City Attorney Abich Garcia stated when reviewing the letter, and in speaking to the author, Deputy Attorney General, it was established that as it relates to personal property, such as is the case with the donation of Building 3, the requirement was that the donors intent be memorialized specifically in a written document that is enforceable. In this case, because the City is not dealing with real property, a deed is not available. The bill of sale transacted between the Recreation and Parkway District and the donor is the only legal binding document available. She stated there is nothing included in the bill of sale that includes any statement that the donor’s intent was for this building to be used solely by the DMOA or only be used as an Art Museum. No such language exists in the document. The City’s position is that City Council Minutes – January 14, 2014 10 the building was not donated for any specific use. The donor at the time of donating the building did provide comments to local newspapers expressing his interest of bringing culture to the City of Downey. At the time of the donation the DMOA was the institution to provide art culture. However, there is no legal binding document stating it must be used as a museum or only used by the DMOA. Mayor Vasquez referred back to a previous statement and asked for clarification of the condition of the Avenue Theatre and if any funding assistance provided by the City to the DMOA would come from the Art in Public Places Fund of the General Fund. City Manager Livas stated the Avenue Theatre will require significant work. Funding assistance would come from the City’s General Fund. Council Member Brossmer stated the Avenue Theatre is not a viable housing location at this time due to its current condition. Mayor Vasquez reviewed possible options for the DMOA: provide financial assistance utilizing General Funds to help relocate the DMOA to the Downtown area or share Building 3 with the YMCA. Council Member Brossmer stated that due to the YMCA’s requirements for working with children, both groups could not co-exist in the same space. Ms. Ullstrom stated that due to security concerns the YMCA is not interested in a shared use of space at this time. Mayor Vasquez invited the public to speak on this item. City Clerk Jimenez entered into the record four emails received in support of the DMOA. Joseph Lumsdaine, resident, stated that both groups have a worthwhile goal for use of the building. He stated the unsolicited legal opinion contained in a letter referenced during this meeting that is dated September 28, 2011 from the Attorney General office concerns him. He stated the Bill of Sale proves the building was sold and not donated. He is in favor of the YMCA because of their proven track record and their ability to positively impact a large group. Ronnie Fernandez, resident, stated he supported the YMCA and looks forward to his family joining the YMCA family. Bob Brazelton, resident, stated the YMCA has a new Executive Director that can deliver what they have proposed. He stated the building is currently underutilized and would be a wonderful opportunity for the YMCA. The DMOA has encountered hard times and hopes they can receive the assistance needed. Dorothy Pemberton, resident and Chairman of the Board of Managers for the Downey YMCA stated the YMCA is a cultural leader in the community. Building 3 at Furman Park will allow the YMCA to expand their services. Lawrence Christen, resident, stated the City Council does not have the right to donate a building belonging to the DMOA. In addition, the City does not have the right to give it to an entity that will not be using it to store and display art. Andrew W alquist, founder of the Downey Art’s Coalition, stated the City cannot ignore that it stands to lose a large cultural institution by not allowing the DMOA access to the building. He stated not losing sight of the goal which is to have a great art and culture scene in the Downtown and the intent behind the donation of Building 3 to the DMOA. City Council Minutes – January 14, 2014 11 Steve Robertson, stated the YMCA was asked by the City if they could use the facility. The YMCA responded by submitting a proposal for the use of the facility. He stated the use of this building will be good for the City and the YMCA. Hector Beltran, resident, stated the YMCA has the ability to find another location. However, the DMOA has a greater need and should be considered a gem to the City. Barbara Beard, resident, stated she is in support of the DMOA. She stated the DMOA has a plan that includes volunteers willing to teach classes and only needs a facility to house and display $1.2 million worth of art work. Rudy Iniguez, Downey High School Art Club President, stated he is in support of the DMOA. He stated wanting a community aspect where the community can go without having to worry about needing a paid membership. Don Lamkin, resident, stated the DMOA is not viable at this time but is valuable. He requested exploring all options to include both organizations co-existing in the building. Greg Nelson, resident,. stated the only option is to allow the DMOA use of Building 3 at Furman Park. Loreen Parks, resident, stated her priority is quality of life. The building belongs to the DMOA directors and the YMCA has other avenues they can explore and requested the City return the building for use by the DMOA. Harold Tseklenis, resident, stated the DMOA has received national recognition as a leading contemporary art museum. He stated all previous City Council Members and residents have always supported the DMOA. He requested the Council and City Manager support bringing back the DMOA to Furman Park. Mayor Vasquez invited anyone else to speak on these two items. Having no one come forward he closed Public Comment at 11:02 p.m. Council Member Brossmer requested clarification on the condition of Building 3 at Furman Park. Building Official Hobbie stated the building is 5,000 sq. ft. and currently has poor electrical and needs two additional bathrooms constructed. He does not have an estimated amount that will be needed to bring it up to standards. Council Member Brossmer requested clarification on what building repairs the City is responsible for; if the YMCA is aware and willing to do the needed repairs; and, what funding source would the City use to repair the building. Ms. Ullstrom stated their proposal included upgrades to the interior integrity of the building. Director of Community Development Saeki stated that because the City owns the building, as with any lease, the City would assume responsibility for the integrity of the structure of the building to include HVAC and electrical and the leasee would be responsible for tenant improvements. City Manager Livas stated the first order of business is to select who would occupy the building. Once that has been determined, negotiations would include costs associated with the building. Mayor Vasquez asked if the City considered a shared used with the YMCA, how many sq. ft. would the DMOA require. Mr. Redfox stated 3,000 to 3,500 sq. ft. City Council Minutes – January 14, 2014 12 Council Member Brossmer requested the DMOA clarify what their current cash on hand is. Mr. Redfox stated $5,000. Mayor Vasquez asked the YMCA if the remaining 1,500 sq. ft. would be sufficient if the City considered a shared use of the building. Ms. Ullstrom stated it would be very challenging to try to utilize only 1,500 sq. ft. Council Member Guerra stated he has always been in support of the DMOA and the City does care about art. However, it is not the City’s position to run such programs. He stated each Council Member has filled a role in assisting the DMOA. Keeping with what is in the best interest of the City, the City has a public asset that needs to be used for the community. He stated being in support of the YMCA because it is a far superior proposal and the DMOA should have considered other possibilities and not only returning to Furman Park. He suggested the selling a few pieces of art in order to secure more funding. Mayor Pro Tem Marquez stated this was a tough decision because both organizations provide value to the City. The Council has always supported the DMOA and the best proposal and business plan for the City and its residents, is the one proposed by the YMCA. He requested a response to Council Member Guerra’s suggestion of selling a few pieces of art to secure more funding. Mr. Redfox stated most of the collection cannot be sold because they are considered gifted assets. Mayor Vasquez asked for clarification if he was certain the DMOA required 3,000 to 3,500 sq. ft. and what the time frame would it be before the DMOA could sustain itself financially. Mr. Redfox stated he was pretty confident the DMOA needed 3,000 to 3,500 sq. ft. and it would take 3-5 years to be financially independent. Mayor Pro Tem Marquez stated he will continue to be committed to assisting the DMOA with identifying a location in the Downtown. He will vote on what makes more sense for the City and its residents. He stated his support tonight will be for the YMCA. Council Member Brossmer stated he understands the DMOA needs an opportunity to re-immerge; however he is disappointed in their progress as an organization. Although there is great passion, he sees a lack in effort and cohesive thought. The highest and best use of this facility based on the location is not a museum. He understands that the DMOA has not secured enough funding neither for a new location nor for improvement to the building at Furman Park. In addition, he is disappointed in their lack of flexibility when a shared use of the building was discussed. Mayor Vasquez stated the Council has always supported the arts in the City. There were two items that concerned him, the lack of willingness to compromise by the DMOA and lack of available funds. He stated being committed to the DMOA, seeing them relocated to the Downtown in the future and the highest and best use of the building is the YMCA. It was moved by Mayor Vasquez, seconded by Council Member Guerra, and carried 4-0-1 with Council Member Saab abstaining, to enter into negotiations with the YMCA and return with a report to include cost to the City to improve the facility. Council member Saab returned to the dais at 11:29 p.m. City Council Minutes – January 14, 2014 13 PUBLIC HEARINGS: Continued. 20. REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A VARIANCE (PLN-12-00261): Community Development. ADOPTED RESOLUTION NO. 14-7462, 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 Vasquez opened the Public Hearing at 11:43 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Marquez and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. Community Development Director Saeki stated that at the meeting of September 24, 2013 the Council gave staff direction to work with the applicant on a Variance to encroach into the building separation requirement as laid out by the current zoning code. He stated staff met with the applicant on October 11, 2013 at which time the applicant was under the impression the solution would be to allow for encroachment into the building separation requirement. That request would actually require a different Variance to include having six findings met which at this time, are not. Council Member Saab asked if any of the six findings could be met and if there were some that regardless of changes made, would not be met. Community Development Director Saeki stated that all six findings must be met in order for a Variance to be granted and there are some that regardless of change, would not be met. For example, “exceptional or extraordinary conditions or circumstances do not result from the action of the applicant.” This finding would not be met because clearly the applicant had a hand in this issue. City Manager Livas stated that these findings are part of the Government Code of the State of California and are not created by the City of Downey. Mayor Vasquez asked if the applicant was open to any structure amendments. Community Development Director Saeki stated the applicant would be willing to separate the two structures requiring a different Variance but there would still be a lack of having all of the findings met. The City has tried to support the applicant even during the request from Council for a Code Amendment. He stated it is his professional opinion that a main structure not be built up to the property line. Council Member Guerra stated the Council requested reviewing a possible Code Amendment during discussions related to the applicant’s second floor patio and how the structure would not be permitted today although was permitted several years ago. Community Development Director Saeki clarified that the second floor patio would be permitted today but the new structure attached to it, is not permitted by the Building Code. Council Member Brossmer asked if aside from the new roof structure, the remaining new constructed area would be permitted to stay. Community Development Director Saeki stated that during their research of the new structure it was determined that it was built on an unpermitted deck. City Council Minutes – January 14, 2014 14 Council Member Guerra asked if the flooring was addressed would it be allowed to remain. Community Development Director Saeki the flooring in its current condition is a violation of the Building Code. Building Official Hobbie stated during his investigation of the floor, it was determined that it would be a matter to time before the flooring would collapse due to water damage and dry rot. He is not certain if the current homeowner installed the floor. Council Member Guerra asked if staff is still working on a Code Amendment, although not applicable to this issue. Community Development Director Saeki emphasized that, although not applicable to this current issue, staff is working on a Code Amendment and will introduce it to the Council as a package of Code Amendments in the near future. If the proposed Code Amendments would have facilitated this issue, staff would have made it a priority. Council Member Guerra asked for clarification as to why a Code Amendment would not facilitate this issue. Community Development Director Saeki stated because the City would be allowing a main structure to be built up-to the property line. Council Member Brossmer stated the issue is there is a lack of separation between the main dwelling and the new structure. The size of the lot does not allow for there to be separation despite the unique situation that the property is located near a wash. He is not in favor of the new structure being attached to the main dwelling. Mayor Vasquez invited the public to speak on this item. Marco Elias, applicant, stated that during previous public hearings the outcome has always been that the structure will not be allowed. Feeling frustrated by the variety of answers he has received from staff on this issue he was here to request an amendment to allow the structure. He stated being willing to separate the new structure from the main dwelling by three inches and the deck was installed prior to taking ownership of the home. It is his goal that the City sees the uniqueness of this property and allow the structure. Community Development Director Saeki stated if the applicant separates the new structure from the main dwelling by three feet he would have to apply for a Variance to encroach into the 10 ft. rear separation setback, which the City will not support because as discussed earlier, the applicant is not able to meet the six findings. City Attorney Abich Garcia stated the action tonight is whether a Variance should be granted to permit the structure in its current condition and the only way to grant a Variance is to meet all six findings if not, the Council must uphold the denial of the Planning Commission. Council Member Saab stated the City is making every effort to assist the applicant. Staff has invested many hours on this issue and the City Council has tried to find a resolution during the three occasions that this issue has been before them. Mayor Vasquez again invited the public to speak on this item, seeing no one, he closed the Public hearing. Council Member Guerra asked for clarification as to why the same consideration cannot be given at this time that was given to a similar issue on a project on Lakewood Boulevard. He stated he did not want the applicant to have to tear down his structure. City Council Minutes – January 14, 2014 15 City Attorney Abich Garcia stated the project on Lakewood Boulevard met all six findings. The Planning Commission was forced to make each finding and provide an explanation to staff as to why the findings could be met. The City was able to adopt a Resolution. If the Council feels the findings can be met on this issue, the Council will have to provide evidence on all of six findings. Council Member Saab stated he did not want the applicant to have to tear down his new structure but the City has a public safety responsibility and must abide by the Building Code. He stated he cannot support this issue because the findings cannot be met. It was moved by Council Member Saab, seconded by Council Member Brossmer and passed 4-1 with Council Member Guerra voting no, to adopt the Resolution. NON AGENDA PUBLIC COMMENT: This item was taken out of order. Roy Beard, Emergency Preparedness Committee Member, reminded the audience of the upcoming water barrel give-away on January 25, 2014, at Stonewood Mall. He announced that this event will also include participation of the Greater Los Angeles Vector Control. STAFF MEMBER COMMENTS City Manager Livas stated the City Council will be returning to discuss Close Session items. RECESSED/RECONVENED The meeting recessed to close session at 12:15 a.m. and reconvened at 1:01 a.m. January 15, 2014 with all Council Members Present. ADJOURNMENT: at 1:02 a.m. January 15, 2014 to Tuesday, January 28, 2014, at 5:30 p.m., in memory of Claude E. Kerr, Lt. Commander U.S. Navy and Downey resident; and the servicemen and servicewomen who perished this past three weeks during Operation Enduring Freedom: Lance Cpl. Matthew Rodriguez, 19, Fairhaven, Mass; Petty Officer 1st Class James Smith, 38, Huffman, TX; Chief Warrant Officer 2 Randy Billings, 34, Heavener, OK; Chief Warrant Officer 2 Joshua Silverman, 35, Scottsdale, AZ; Sgt. Peter Bohler, 29, Willow Spring, NC; Sgt. 1st Class Omar Forde, 28, Marietta, GA; Staff Sgt. Jesse Williams, 30, Elkhart, IN; Spc. Terry Gordon, 22, Shubuta, Miss.; Sgt. Daniel Vasselian, 27, Abington, Mass; Capt. David Lyon, 28, Sandpoint, ID; Sgt. Jacob Hess, 22, Spokane, WA; Sgt. First Class William Lacey, 38, Laurel Hill, FL. _____________________________ ______________________________ ADRIA M. JIMENEZ, CMC MARIO A. GUERRA City Clerk Mayor