Loading...
HomeMy WebLinkAboutMinutes-03-27-84-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DO&= MARCH 27, 1984 TABLE OF MINUTE ACTIONS �iih Presentation of Certificate of Recognition to Robert Nagle for Eagle Scout project re Keep Downey Beautiful Hearing on Appeal to Zone Variance #314, 8130 Primrose Lane Remuoval of Items fran Consent Calendar Minutes: Reg. Mtg., March 13, 1984; & Adj. Reg. Mtg., March 20, 1984 ACTION Continued to April 10,1984 •.. . -. Legal Claims for Rejection: Ref. #611, St. Raysonds Catholic Church; & Ref. #659, Richard Bramlage DVM Approved General Warrants: 0211760 - 211820 #316493 - 316795 Approved I-105 Freeway Corridor: Auth. L.A. County Sanitation Dists. to act as City's agent to design, construct & inspect sewer facilities which will, upon completion, becone property of City Approved Downey Private Contract #64 in Easement W/o Woodruff & N/o arperial, & #124, 13109 Deming Av.: Accept dedication & improvements Approved Acceptance of June 30, 1983 Financial Stmt. Approved Appeal, Zone Variance #312, 8747-49 ingperial Hwy. Res. #4368, Designating Intersection of Hondo & Richeon as 4-way Stop Res. #4369, Endorsing Health Screening & Early Detection Education provided by the Health Fair Expo 84 Hearing set for April 10,1984 Adopted Res. #4370, Concurring w/Modifications to Job Training Act appvd. by SE L.A. County Private Industry Council under prov. of Fed. Job Training Partnership Act Adopted Corres. from Jack E. Robinson re Location of Downey Courthouse Mr. Ralph Caliendo representing Amrican Legion, ,Downey Post 270, invited Council to attend mamrial Day Services on May 30th at Downey Cemetery, 11:00 a.m. David Ray concerning City Clerk article in newspaper Ken Miller re City Clerk newspaper article & legal fees re Hospital litigation Paul Sarvis re City Clerk newspaper article Joe Romero re appreciation to Cn. Barb & Police Captain Stone for assist toward apprehension of person shooting out windows in residential area Received & filed W10-01 0 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 t1 Page 1 of 2 TABLE OF n•NS (LNTj SIXI", Mike Manicone presented petition in opposi- tion to const. of Downey Municipal Court in Civic Center City Clerk re letter of apology submitted to SE News for recent article Ord. #750, Auth. Addl. Fireworks Permits for 1984 only (urgency) Res. #4371, Auth. Cost -of -Living Salary Adjustmts. f/Fxecutive & N,iddle Managmt. acployees in amounts auth. f/classified employees in existing MOU's Purchase of Six Word Processing Units Official Printed 1983-84 Budget Downey Police Dept.'s Physical Fitness Program: Auth. reccmmnded incentives at discretion of Police Chief Zone Change #202, 11000, 11102 & 11108 Woodruff Av. Cn. Davila read letter concerning City Attorney's representation of four Council Members in litigation Eleanor Lindenfeld re vote on Res. #4371 Closed session re pending litigation & Personnel matters Update on Civic Center dedication plaques ACTION PAGE NO. 3 3 Adopted 4 Adopted 4 Approved 4 Received 4 Approved in concept Referred to Planning Commission for change of zone to R-3 PUD 4 5 5 5 5 — 5 Page 2 of 2 2J16 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 27, 1984 The City Council of the City of Downey held a regular meeting at 7:30 p.m., March 27, 1984, in the Council Chamber of the Downey City Hall, Mayor Pro Tem Ted H. Jackman presiding. PRESENT: Council Members: Ted H. Jackman Mayor Pro Tem Randall R. Barb Bob Davila James T. Quinn ABSENT: Robert G. Cormack Mayor (excused) ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney James R. Cutts, Director of Community Development Lee Powell, Director of Administrative Services Will F. Martin, Police Chief Don Davis, Fire Chief James R. Jarrett, Acting Director of Community Services Francis E. Carter, City Planner Harald J. Henriksen, City Engineer Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Steve Eisman, Downey United Methodist Church. The Flag Salute was led by Councilman Quinn. Mayor Pro Tem Jackman presented a for an Eagle Scout Project involving N of to Robert Mayor Pro Tem Jackman opened the hearing on Appeal to Zone Variance No. 314, 8130 Primrose Lane. He then proposed that the hearing be continued until the next regular meeting, inasmuch as the property is in Mayor Co=ck's district, and he feels all members of the Council should be present to make the final decision. Mayor Pro Tem Jackman suggested in the meantme, that the parties to the variance may use the two weeks to see if they can settle this matter to the satisfaction of both sides of the issue. The hearing was continued to 7:30 p.m., April 10, 1984, in the Council Chamber of the Downey City Hall. At the request of Mr. Paul Sarvis, Agenda Item VIII-C, Correspondence con- cerning location of the Downey Municipal Court, was removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Quinn, seconded by Councilman Davila, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Regular Meeting of March 13, 1984; and Adjourned Regular Meeting of March 20, 1984. I al Claims £or Rejection: Ref. 0611, St. Raymonds Catholic Church; and Ref. 659, Richard Bramlage, DVM. General Warrants: #211760 - 211820; #316493 - 316795: $944,007.86. Council Minutes 3/27/84 -1- I-105 Freeway Corridor: Authorize the Los Angeles County Sanitation Dis- tricts to act as the City's agent to design, construct and inspect those suer facilities which will, upon conpletion, beccue the property of the City of Downey. Private Contract Nos. 64, in an Easement West of Woodruff Avenue and Acceptance of June 30, 1983, Financial Statement. Appeal, Zone Variance No. 312, 8747-49 Imperial Highway: Set hearing for 7:30 p.m., April 10, 1984, in the Council Chamber of the Downey City Hall. RESOLUTION NO. 4368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGCWING THE INTERSECTION OF HONDO STREET AND RICHEON AVENUE AS A FOUR-WAY STOP INTERSECTION RESOLUTION NO. 4369 RESOLUTION NO. 4370 -• a•MAN i • • c�� •• AYES: 4 Council Members: Barb, Davila, Quinn, Jackman ABSENT: 1 Council Member: Cormack Correspondence from Jack E. Robinson regarding Location of Downey Courthouse Mr. Sarvis inquired regarding the nature of the correspondence and was given a copy for his information. It was moved by Councilman Barb, seconded by Councilman Davila, and passed by the following vote to receive and file the correspondence. AYES: 4 Council Members: Barb, Davila, Quinn, Jackman ABSENT: 1 Council Member: Cormack ORAL COn,1UNICATIONS - Items not on Agenda Mr. Ralph Caliendo, 8224 Nada, Sergeant at Arms of the American Legion, Downey Post 270, invited the Council to attend Memorial Day Services on May 30th at the Downey Cemetery, 11:00 a.m. Mr. David Ray, 7338 Nada, referred to a recent article appearing in the South- east News, which was written by Robert Shand concerning Gadflies of Downey. He read a letter signed by himself and Mr. Whittington, copies of which were submitted to the Council, expressing their views in opposition to the article. He requested the Council to publicly censor the actions of Mr. Shand and ask that he give a public apology. Also, the article was signed by Mr. Shand as City Treasurer. Mr. Pay went on record asking the Council that this kind of "uncalled for attack" does not happen again. Mayor Pro Tern Jackman stated he read the article but did not see where Mr. Shand used his title. In his opinion, Mr. Shand was only exercising his priviledge of the right of free speech, which is constitutionally guaranteed to any citizen. As a member of the City Council, he would not apologize for Mr. Shand's action. Councilman Quinn concurred with Mayor Pro Tern Jackman. Councilman Davila went on record saying the Council should set a policy that no employee of the City should offend the constituents. Council Minutes 3/27/84 -2- 23 59 When asked if there is any way the Council can prohibit a City employee from writing a letter to the newspaper as an individual, Mr. Newton explained that such a policy suggested by Councilman Davila would be in violation of both the Califor- nia and United States Constitutions. A public official does not give up his guaranteed rights of freedom of expression as a private citizen. It is his understanding Mr. Shand's article was written as a private citizen, and the news- paper added the addendum of Downey City Clerk. Any public agency that attempts to restrict the freedom of expression guaranteed by the California and United States Constitutions would be stricken by the Courts. Councilman Barb said it would be wrong to place pressure on anyone who has lived in the community as Mr. Shand and tell him he cannot write a letter to the editor and express his opinion. Mr. Ray concurred that any private citizen should have the right to express his opinion in writing, but he questioned whether the same would be true of a City official. Mr. Shand indicated the newspaper reflected his name, and the ittalics below the signature were those of the editor —the editor "Mr. Shand is the City Clerk - Treasurer of Downey." When asked by Mr. Ray if he signed his name as Robert L. Shand, City Clerk -Treasurer, he replied no. Mr. Ken Miller, 7336 Cleargrove Drive, said he has been an activist in the community, actively engaged in the pursuit of constructive changes for the bene- fit of Downey taxpayers. He has talked to Mr. Shand and expressed his displeasure regarding the article. He mentioned he called the newspaper and was informed the letter was signed Robert L. Shand, City Clerk -Treasurer," and he feels there should be a policy where a person cannot use their official title. Mr. Miller said he feels the legal fees spent in the hospital litigation commencing in June 1981 should be a matter of public record and Mayor Cormack had indicated he would poll the Council on this matter. He requested a motion to poll the Council. Mr. Newton explained the Council is his client, and he was acting as the Council's attorney at the time the report was requested, and the report was desig- nated attorney -client priviledge--confidential because it was a communication between attorney and client. It would be up to the Council whether it wishes to preserve that confidence and priviledge, and if they determine it appropriate, the Council can waive the priviledge. Councilman Barb said the total attorney's fees are included in the annual audit, which is available to the public. It was moved by Councilman Davila to release the City Attorney's report to the public. The motion died for lack of a second. Mayor Pro Tem Jackman suggested Mr. Miller contact Mayor Cormack when he returns. Mr. Paul Sarvis, 13603 Barlin, mentioned he checked with the Southeast News and was told Mr. Shand's letter was signed City Clerk -Treasurer. He feels the Council should disassociate themselves with the remarks in the letter. Mr. Joe Romero, 9003 Stoakes Avenue, expressed his appreciation to Councilman Barb and Captain Stone of the Police Department, for their assistance toward the apprehension of a young man who was shooting out windows in a residential__ neighborhood. Mr. Mike Manicone, 10400 Gaybrock, submitted a petition in opposition to con- struction of the Downey Municipal Court in the Civic Center. He requested the Council to reconsider its position on this matter, noting what it will cost to construct the Courthouse. Mr. Shand, 7941 Puritan Avenue, explained he has submitted a letter of apology to the Southeast News for his recent article, noting he was merely rendering thoughts and comments but that they were not directed to anyone in particular. Also, he indicated that if he signed the original letter with any title, it was possibly a lapse of mamory at the time. Council Minutes 3/27/84 -3- 1�5yR ORDINANCE NO. 750 "**,1r « • i •• • + • lie i \n • M ._S I k, My Y I I'MD 1 a 9• The Ordinance was read in its entirety. It was moved by Councilman Davila, seconded by Councilman Quinn, and passed by the following vote to adopt. AYES: 4 Council Members: Barb, Davila, Quinn, Jackman ABSENT: 1 Council Member: Conoack RESOLUTIONS RESOLUTION NO. 4371 •• . • • ••a •• ti a ID •• a AND MIDDLE bP2MGMM EMPLOYEES IN THE AMOUNTS WHICH HAVE BEEN • • • FOR CLASSIFIED EMPLOYEES IN TH1 • 171 ••• D• OF • •s • •. The Resolution was read by title only. It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Barb, Davila, Quinn, Jackman ABSENT: 1 Council Member: Cormack It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by the following vote to authorize the Purchase of Six Word Processing Units at a cost of $80,000. AYES: 4 Council Members: Barb, Davila, Quinn, Jackman ABSENT: 1 Council Member: Cormack It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to receive the official printed 1983-84 Budget. AYES: 4 Council Members: Barb, Davila, Quinn, Jackman ABSENT: 1 Council Member: Cormack It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by the following vote to approve the Downey Police Department's Physical Fitness Program in concept, and authorize the remanded incentives at the discretion of the Chief of Police. In further explanation of the program, Chief Martin said the only mandatory portion will be to take the fitness evaluation and accept the physical fitness prescription. However, what is actually done with the prescription will be voluntary at this point. After a year or two of the program, when the average Police Officer is in much better condition, those who choose not to do anything will be sub -standard, and at that time, sanctions will be considered to get those people in shape. The program is designed to be a positive approach, to motivate people to want to be healthier and in better condition. Councilman Davila favored the program but questioned whether there would be compensation paid for injuries as a result of physical fitness activities. Chief Martin replied the program will be voluntary on off -duty time. Susie Bamer, 10203 Belcher Street, asked if an exercise room in the new Police — facility will be available to both male and female officers, and Chief Martin replied yes. AYES: 4 Council Members: Barb, Davila, Quinn, Jackman ABSENT: 1 Council Member: Cormack ORAL COMMUNICATIONS - City Council Councilman Barb referred to zone Change Case No. 202, 11000, 11102 and 11108 Woodruff, which was proposed for rezoning to R-3 for apartment development, but Council Minutes 3/27/84 ;Yo a that the Council felt there should be owner -occupied units and requested staff to come back with a proposal to rezone the property for condominiums. He has re- ceived a letter and cc m=cated with a developer regarding the property, who is willing to build condominiums tearable to the adjacent condominium project. It was moved by Councilman Barb that the zone change be brought back off the table and placed on the next agenda to be reconsidered at that time. Mr. Newton explained if it is only an R-3 application, then it would have to be referred back to the Planning Commission for the purpose of conducting a hear- ing on R-3 PUD, which would allow condominium development. The motion was seconded by Councilman Quinn and passed by the following vote: AYES: 4 Council Members: Barb, Davila, Quinn, Jackman ABSENT: 1 Council Member: Cormack It was moved by Councilman Quinn, seconded by Councilman Davila, and passed by the following vote to refer the zone change back to the Planning Commission for changing the zone to R-3 PUD. AYES: 4 Council Members: Barb, Davila, Quinn, Jackman ABSENT: 1 Council Member: Cornack Mr. Paul Sarvis mentioned that in the December blight report transmitted to the Redevelopment Committee, it was indicated the properties along Woodruff would be included in the Redevelopment Area for purpose of extending Woodruff through. Mr. Ovrom said staff will look into this. Councilman Davila read into the record a letter he wrote on March 21st questioning Mr. Newton's representation of the four Council Members na:red in the law suit filed by Mr. Whittington, whereby Councilman Davila has been excluded from meetings held between the four Council Members and Mr. Newton concerning the law suit. He requested Mr. Newton to take whatever steps are necessary to assure that the residents of District Two are represented at all future meetings in which the law suit is discussed. ORAL COUAJNICATIONS - Audience Eleanor Lindenfeld, 8846 Manzanar, questioned whether a vote was taken on Agenda Item XL -A, Resolution concerning Cost of Living Increase for Management Personnel, and the response was yes. CLOSED SESSI(X7 The meeting was recessed to closed session from 8:30 p.m. to 9:12 p.m. to discuss pending litigation and personnel matters. The meeting resumed with Council Members Barb, Davila, Quinn, Jackman present; Mayor Cormack absent. �i • Mr. Ovrom updated the Council on the Civic Center dedication plaques. ADJOURZ= - 9:13 p.m. Robert L. Shand, City Clerk -Treasurer Council Minutes 3/27/84 -5- �46 I CITY COUNCIL ROBERT G. CORMACK MAYOR THEODORE H. JACKMAN MAYOR PRO TEN RANDALL R. BARB March 21, 1984 IMr. Carl Newton Downey City Attorney Burke, Williams and Sorensen 707 Wilshire Blvd. Suite 3300 Los Angeles,CA 90017 Dear Mr. Newton: ----------FUTURE UNLIMITED BOB DAVILA As I understand it, you as the City Attorney, have the duty to JAMES T.QUINN represent the City of Downey in the Federal Court case entitled ROBERT R.OVROM Whittington vs. Downey, et al. You are also representing named CITY MANAGER defendants t erein on an individual capacity. I believe that ROBERT L. SHAND under the charter, the named defendants are entitled to a defense CITY C"AK-TREASURER at the cost of the City. I am, however, extremely concerned that your representation of the four named Councilmen and others, is squarely in conflict with your representation of the City of Downey. Moreover, I am seriously concerned that the four Councilmen here involved have a decided and direct financial interest in the litigation which is obviously in conflict with the City. I believe their participation in a representative capacity, is in violation of Section 708 of the City Charter. More importantly, I have a constitutional duty to represent my constituents in District 2. Thus far, I have been excluded from meetings in which the suit was discussed, which could have a major impact on my constituents. In short, whatever decisions are reached by you on behalf of your individual clients, may have a dramatic adverse impact upon your representation of the City of Downey and as a result thereof, my constituents. It is herewith requested that you immediately take whatever steps may be necessary to assure that the citizens of District 2 be represented at all future meetings in which you participate con- cerning the aforementioned lawsuit. By copy of this letter, I am asking Robert Ovrom, City Administrator, to place this matter on the agenda for discussion at the next regular Council Meeting on March 27, 1984. Sincerely ours, Bob Davila Councilman District #2 BD:rrs cc: Mayor Robert Cormack Councilman James Quinn Councilman Theodore Jackman Councilman Randall Barb 5425 SECOND STREET City Manager Robert Ovrom, City CIE~ Robert thand ✓ Richard :erziz-i, Attorney News Mec4a CALLER NO. 7018 — DOWNEY, CA;_ '=:' - .- 4 90241 — (2`21 S6b .181— Council Minutes 3/27/84 -6-