HomeMy WebLinkAboutMinutes 04-28-15 Regular Meeting•
• AGIL OF rO
REGULAR MEETING
APRIL 28, 0
The City Council of the City of Downey held a Regular City Council Meeting on April 28, 2015, at
6:43 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Marquez presiding.
PRESENT: Council Members:
Luis H. Marquez
Alex Saab
Sean Ashton
Roger C. Brossmer
Fernando Vasquez
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Adria M. Jimenez, CMC, City Clerk
John Oskoui, Assistant City Manager
Shannon DeLong, Assistant to the City Manager
Carl Charles, Chief of Police
Mark Gillaspie, Fire Chief
Mohammad Mostahkami, Public Works Director
Arlene Salazar, Parks & Recreation Director
Aldo Schindler, Community Development Director
Anil Gandhy, Finance Director
The Invocation was given by Deacon Nolveris Frometa, First Baptist Church of Downey. The
Flag Salute was led by St. Mark's Episcopal School Students: Alyssa Sotomayor, Michael Galvin, and
Alessandra lbarra
RECESS /RECONVENE
At 6`44 p.m., Mayor Marquez recessed the City Council Meeting to conduct the Community
Development Commission Housing Success Meeting. At 6:45 p.m., Mayor Marquez reconvened_ with
the City Council Meeting with all Council Members present.
COUNCIL - ANNOUNCEMENTS, REQUESTS • AGENDA
CONFERENCE/MEETING REPORTS
Mayor Pro Tern Saab welcomed everyone to the Council Meeting and acknowledged Former
Mayor Kirk Cartozian, Downey Police Officer Association President Pope; and, Roy Beard, Emergency
Preparedness Committee Member, whom were in the audience. Mayor Pro Tern Saab reported he
attended the American Legion rehabilitation event led by the Living Tree Foundation and thanked the
community members who volunteered. Mayor Pro Tern Saab thanked staff for organizing Student
Government Day and congratulated the Downey Police and Fire Foundation who recognized _their
Downey Police Officer and Firefighter of the Year at a luncheon. He invited the community to attend the
Downey Chamber of Commerce Business of the Year and Volunteers of the Year event at Embassy
Suites; Tip -A- Cop at Johnny Carino's with all proceeds going to the Special Olympics; and, Kids
Day /Hall of Fame at Apollo Park, May 9. Mayor Pro Tern Saab requested City Staff return with a report
regarding vape lounge regulations, and stated he would like to receive information on any formal or
informal parking studies in the Downtown in the past 10 years.
City Council Minutes
Regular Meeting — April 28, 2015
Council Member Ashton reported attending the Healthy Downey 5K; reported on his Town Hall
Meeting where he received concerns regarding streets and accessibility and is planning to conduct
another Town Hall event in September and will focus on specific issues in the City. He reported on
Student Government Day and recognized the Youth Commissioners in the audience and thanked them
for organizing the event. Council Member Ashton advised of the Keep Downey Beautiful Clean -up on
Saturday at Fresh and Easy, and a Tire Recycling Event in the parking lot on Saturday.
Council Member Vasquez thanked Downey Police and Fire for their work in the City and stated
he enjoyed attending this afternoon's luncheon. He reported attending an I -5 JPA Meeting with
Assistant City Manager Oskoui regarding construction on the 1 -5. He stated the Florence Avenue off
ramp constructed has begun and the Firestone Boulevard Bridge should be completed by late June. A
few events for residents: Kids Day, May 9 at Apollo Park and Neighborhood Watch Meeting on May 5.
He thanked City Employees for their work on behalf of the City. Council Member Vasquez stated he
would like staff to reach out to the property owner of the Cadillac dealership regarding maintenance and
would like action within the next 60 -90 days.
City Manager Livas advised the property is in the process of being demolished and will be
cleared soon.
Council Member Brossmer recognized Former Mayor Cartozian who was in the audience. He
congratulated the Downey Police Officer and Downey Firefighter of the Year and stated it was a nice
luncheon. He commented that he enjoyed Council Member Ashton's Town Hall Meeting, and
requested staff pursue artificial turf regulations to ensure property esthetics.
Mayor Marquez welcomed everyone to the City Council Meeting. He recognized Former Mayor
Cartozian. Mayor Marquez congratulated Council Member Ashton on his first Town Hall event and was
happy to be in attendance. He also congratulated the Youth Commissioners for a successful Student
Government Day and hopes it was rewarding for the students who participated.
PRESENTATIONS - Mayor Marquez took Presentations out of order.
1 City Clerk Jimenez gave the Oath of Office to Mayor Marquez for his appointment to the San
Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Board.
2. Certificate of Recognition to Downey Federal Credit Union for their contribution towards the City's
Special Olympics World Games Host Town Program
4. Proclamation Re: "Kids Day"
5. Certificate of Recognition to Monica Ortiz, City of Downey Parks &- Recreation Employee for being
awarded the "Presidents Award" from the California Parks & Recreation Society.
3. Certificate of Recognition to Downey High School's Cheerleading Coaches for their success in the
National Cheerleading Championship competition.
6. Mayor Marquez and City Manager Livas presented a Proclamation to City Employees in recognition
of "Public Servant Recognition Week," May 3 -7, 2015.
7. Ahmed Hussain, Senior Civil Engineer /G1S, provided a presentation on the City's Mobile Phone
App.
8.- Yvette Kirrin, Southstar Engineering & Consulting, Inc., provided an update on the Gateway Cities
Strategic Transportation Plan Presentation
City Council Minutes
Regular Meeting — April 28, 2015 2
2. INTRODUCED ORDINANCE NO. ORDINANCE OF • OF
THE CITY OF DOWNEY AMENDING • 91 9 OF
ARTICLE IX OF `,, CODE REGARDING • •
Community Development.
Mayor Marquez opened the Public Hearing at 7:47 p.m. City Clerk Jimenez affirmed receipt of
the Proof of Publication. It was moved by Mayor Pro Tern Saab, seconded by Council Member
Vasquez, and so ordered by Mayor Marquez to receive and file. City Clerk Jimenez noted there was
no correspondence received.
William Davis, City Planner, presented the staff report and advised this is a request to amend
the City's Municipal Code as it relates to wireless communication facilities to comply with changes
to federal laws. Currently, the City's Zoning Code requires a Conditional Use Permit (CUP) for new
wireless communication facilities or modifications made to existing facilities. Recent government
findings have set forth the rules to expedite the modification of existing communication facilities and
under those regulations the City cannot require a CUP or other discretionary approvals to an
existing communications facility when the modifications_ do not substantially change the existing
facility. Mr. Davis reviewed a PowerPoint presentation, noting the most affective is the 2014 FCC
Report and Order which requires the City to make approvals for modifications that do not
substantially alter wireless communications facilities that are currently in place. This is an attempt
to bring it into compliance with federal guidelines. Failure to comply will remove Downey's ability to
make changes to esthetic concerns or meet esthetic compatibility within the project area. This
Ordinance allows us to come into compliance with Federal Guidelines and gives Downey the
standard of regulations we need to follow: updates definitions; creates administrative processes for
certain modifications with existing facilities; and, increases allowable height for towers — maintaining
the 200 feet distance requirement from residential zones. A substantial change is defined as:
increase the height of the wireless communication facility by more than 10 %, not to exceed 20 feet,
or one additional array; protrudes from a tower further than the existing appurtenances or 20 feet,
whichever is greater; protrudes from a base station structure more than six feet; adds more than
four equipment cabinets; requires excavation outside of the existing lease area; would defeat the
existing concealment elements of the tower or base station; or, does not comply with any conditions
of approval or a prior approval, except conditions limiting the number of antennas /equipment,
height, or width of the wireless communication facility.
Mayor Pro- Tern Saab asked for an explanation of, "protruding more than 20 feet from an
existing tower." -Mr. Davis stated if the tower has antennas that are attached and stick out this new
regulation cannot have new antennas sticking out more than the existing or 20 feet from the existing
antennas.
Council Member Vasquez asked how this new regulation impacts the proposed cell phone tower
that came before the Council for the Discovery Sports Complex. Mr. Davis advised as a regulatory
body, the City Council cannot deny a second set of 'antennas, but as the lease holder (property
owner) and if there are conditions within the lease, the City can affect change.
Council Member Ashton confirmed if Verizon would like to change a tower and does not meet
any of the substantial changes, they do not have to obtain approval from the City. Mr. Davis stated
they would still require a building permit and planning would review the _design. The federal
guideline is to expedite the process to make internet accessible to all citizens and this makes the
approval process quicker.
At 7:56 p.m., Mayor Marquez opened this item for public comment.
City Council Minutes
Regular Meeting — April 28, 2015 3
Resident, no name provided, commented on the amendment noting it is important to follow and
regulate based strictly on federal regulations.
Having no one else come forward, it was moved by Council Member Vasquez, seconded by
Council Member Ashton and so ordered by the Mayor to close the Public Hearing.
It was moved by Council Member Vasquez, seconded by Mayor Pro Tern Saab, and
unanimously carried, to introduce an Ordinance of the City Council of the City of Downey Amending
Sections 9126,_9134, -9144, 9146, 9156, 9166& 9426 of Article IX of the Municipal Code Regarding
Wireless Communication Facilities.
At 8:00 p.m. Mayor Marquez opened non - agenda public comment.
Hector, Resident of Court Avenue, asked if the Downey Unified School District can authorize or
give classes for religious purposes as this is occurring Unsworth Elementary School. City Manager
Livas advised he should inquire with the Downey Unified School District. Hector also commented on the
condition of his street and traffic. City Manager Livas referred the speaker to Mr. Schindler, Director of
Community Development.
Resident, no name provided, spoke regarding the safety on public sidewalks, streets, and tree
"roots within his own property.
Joe Serrano, resident, spoke regarding: public safety and vandalism of City parks; concerns
with the Farmer's Market; and the City's new App.
Kirk Cartozian spoke regarding Bob Winningham's recent passing.
John Lacey, resident, commented on the Fire and Police Foundation Awards Luncheon held in
the afternoon.
Roy Beard, resident, provided an update on the recent CERT Class held on Saturday and
thanked the Fire Department for their support.
Having no further speakers, Mayor Marquez closed Non- Agenda Public Comment at 8:25 p.m.
It was moved by Mayor Pro Tern Saab, seconded by Council Member Vasquez, and
unanimously carried, with Council Member Brossmer abstaining from Item Nos. 11 and 12 due to his
employment with Downey Unified School District; Council Member Vasquez and Mayor Pro Tern Saab
abstaining from Item No. 7, as the project location is located within 500 feet of each of their homes, to
approve the remainder of the Consent Calendar.
3. WARRANTS ISSUED: Warrant Nos. 293318 — 293636; Wire Nos. 30003312 30003316; Manual
Wire No. 1330; Cashier's Check Nos. 72 -73, in the total amount of $3,076,330.84: Finance.
City Council Minutes
Regular Meeting — April28, 2015 4
13. RECEIVED AND FILED THE BENCHMARK REPORT FOR THE DOWNEY CIVIC THEATRE:
Parks & Recreation.
Judy Barkett, Senior Vice-President of Venuetech Management Group, provided the benchmark
report for the Downey Civic Theatre. Ms. Barkett advised this is an annual report and update from
the last report and the last four years they have been working towards accomplishing the goals set
forth in terms of the changes the Council wanted the Downey theatre. She reviewed the tools used
by Venuetech for marketing and publicity with in -house shows and shows for school children, and
the tools used to promote those events: 1,048 likes on Facebook, a QR Code, email blasts,
newsletters, postcards, advertisements in the City Activity Guides, MTA_ digital billboards, ads in
newspapers, and occasionally a radio schedule. New marketing tools are: street banners, 1 -5
Freeway billboard, and partnership with the Los Angeles Times. Ms. Barkett reviewed the theatre
rental program year -by -year from 2012 through 2015, noting in the last four years there are 55 new
rental clients and they work with local businesses, local non- profits, schools, Aspire Program, The
Library, and also have corporate sponsors that have come on- board.
Council Member Vasquez asked what attributed to the change in revenue FY 13 -14. Ms.
Barkett stated it takes time to fill empty dates on the theatre calendar and the Downey Civic Light
Opera (DCLO) did not leave until December; thus, the prime dates occupied by DCLO could not be
filled.
Ms. Barkett noted all clients have transitioned to a full service box office, there are 11,561
patrons in the Theatre's database, with 4,597 active email contacts and a new volunteer program
with approximately 1,800 volunteer hours. In 2013, Dia De Los Art Festival started and has been a
big success, doubling in size over the past_ years. New this year is the pre -show parties which
improve patron experience, increase exposure of the theatre and increases ticket value. Looking
ahead in the coming year are artistic architectural banners installed on the Theatre to give the
building a new look from Firestone Blvd., and facility improvements to the sound system, HVAC,
lobby restroom renovation, added point of sale office relocation, green room expansion and
multipurpose room and basement use more accessible to renters.
Council Member Ashton asked if the revenue is actual City net revenue, covering all expenses
and if not, what the actual net revenue is. Ms. Barkett stated that is not net revenue; $400,000-
$500,000 in revenue, with an expense budget of approximately $800,000 and the difference is the
City's subsidy, the cost to operate the Theatre. For last fiscal year the net revenue was $400,000 in
subsidy.
Council Member Brossmer noted that the Council acknowledged the Theatre is not going to
make money and agreed and felt comfortable with the level of subsidy. At that time, the Council
wanted to increase the quality of the programs.
Ms. Barkett stated that goals are set by the City Council, if the Council would like to change the
goals they would need to advise Venuetech and they could work towards reaching those goals.
Mayor Pro Tern Saab asked what the Theatre is doing to encourage use for the community
based organizations. Ms. Barkett stated the City Council approved $25,000 in grant money to two
legacy groups, Downey Symphony and Downey Rose Float Association, and another $10,000 as
an open pool of money for local non- profits to apply for support to conduct their events at the
Theatre. Amber Vogel meets and communicates with the non - profits groups, and so far none of the
groups have come up with a proposal, most likely due to time and costs.
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Regular Meeting — April 28, 2015 6
Mayor Pro Tern Saab stated he is concerned that there is not enough outreach to the local non-
profit groups and that no one has applied. Ms. Barkett stated she agrees and feels that staff has
tried and have good relationships with the groups. Ms. Vogel stated there are a lot of good ideas
and there are a lot of different moving parts and it is certainly not a lack of communication. There
was one application submitted that did not comply with the requirements. The art in the lobby is a
fantastic opportunity to embrace the artist and work in collaboration with the Downey Arts Coalition.
City Manager Livas added when the Council discusses community -based organizations we
need to define that term. There are a lot of groups like dance groups, and school districts that use
the Theatre.
Mayor Pro Tern Saab stated he is not sure staff is doing enough to reach out to the groups and
we must be able to do a better job. Maybe not for the use of the Theatre per se, but the other areas
of the theatre such as the lobby or the basement.
City Manager Livas asked for clarification of who staff should target for use of the Theatre.
Mayor Pro Tern Saab stated groups such as the Arts Coalition, kids group, local non - profits, and
several others. City Manager Livas stated staffs will double the outreach efforts.
Council Member Brossmer suggested he and Mayor Pro Tern Saab address the concern at the
next Council Theatre Sub - Committee Meeting. Mayor Pro Tern Saab requested the new City logo
be included in the building banners. City Manager Livas suggested it be discussed at the next
Council Sub- Committee Meeting.
Mayor Marquez opened public comment at 8:52 p.m.
Carol Kearns, Downey Arts Coalition Board Member, stated they have a good relationship with
the Theatre and Ms. Vogel. The Coalition could not apply for the subsidies because production
expenses, in general, are high.
Resident, no name provided, spoke regarding the Theatre grant program and subsidies,
Valentin Flores, Downey Art Vibe, commented on the positive work of Venuetech and in support
of the idea of theatre lobby being used as an arts gallery and community -based programming.
John Lacey, resident, suggests the Council consider ways to minimize the subsidy and create a
business model for the Theatre.
Having no one else come forward, Mayor Marquez closed Public Comments at 9:04 p.m
The City Council received and filed the benchmark report for the Downey Civic Theatre.;
RECOMMEND THE BANQUET ROOM AT RIO HONDO GOLF CLUB BE NAMED TH
BANQUET i • M" IN HONOR OF FORMER i
ROBERT • SERVED THE CITY FROM DECEMBER 1, 1998 T •
D • Member
Council Member Brossmer recommended the Banquet Room at Rio Hondo Golf Club be named
the Winningham Banquet Room and is a very appropriate action and would like the name installed
by next Tuesday, May 5, for Mr. Winningham's Celebration of Life.
Council Member Ashton requested the room include his full name: Robert C. Winnigham. Kirk
Cartozian was requested to contact the family to inquire how they would like his name to appear.
City Council Minutes
Regular Meeting — April 28, 2015 7
It was moved by Council Member Brossmer,- seconded by Mayor Pro Tern Saab, and
unanimously carried, to name the banquet room at Rio Hondo Golf Club after Former Mayor and
Council Member Robert C. Winningham.
City Manager Livas advised next Wednesday City staff members will be wearing City of Downey
t- shirts commemorating Public Service Week, and phase one of the online water billing software will
be activated this Friday.
City Council Minutes
Regular Meeting — April 28, 2015 8