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HomeMy WebLinkAboutMinutes-01-29-85-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JANUARY 29, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Recess to Closed Session re personnel matters, pending litigation & property acquisition I Commendations to Mr. Charles Fisher & Mr. Murdoch Fraser for their immediate reaction to a medical emergency resulting in saving of a life 1 Request for Removal of Parking Restriction, W/s Uphold Traffic Comm. Brookshire Av. N/o Gallatin Rd. position & Deny 1 Res. #4516, amending portion of Gen. Plan of Land Use Map, General Plan Amendment (Fairford School) Adopted 5 Ord. amending DMC re Sub -Zones of Open Space Zone Introduced 6 Ord. amending the Zoning Map (Planning Res. #829, Zone Change #216) - Fairford School Introduced 6 Appeal, Zone Variance #355, 8319-21-23 Vista Staff to bring back Del Rio resolution of approval 7 Mr. John Gonzalez re policy for obtaining info from City 7 Removal of Items from Consent Calendar 7 Minutes: Spec. Called Meeting, January 8, 1985 Approved 8 Legal Claims for Rejection: Ref. #702, Pauline Booth; & Ref. #704, Maurice Karam Approved 8 Cash Contract #524, Sidewalk Const. - Verdura, Barlin & Blodgett bet. Golden & Gardendale Aves.: Plans, specs & grant auth. to advertise for bids Approved 8 General Warrants: #001287 - 001300 #002925 - 003174 Approved 8 1986-90 Transportation Imprvmt. Program (TIP) Annual Submittal: Profs. for 1985-86 Approved 8 Report on Security Companies & Guard Services Received & filed 8 Appeal, Zone Change #214, 11720 Adenmoor Av. Hearing set for 2/26 8 Res. #4521, Apprvg. Apptmt. of Barbara Jacobs to Metropolitan Cooperative Library System (MCLS) as Alternate Representative Adopted 8 __.. Bldg. at Treasure Island Park: Authorize demolition or removal Approved 8 Res. #4517, Directing City Mgr. to execute Training Agmts. bet. Police Dept. & Hwy. Patrol Adopted 8 Res. #4518, Apprvg. Final Subdiv. Map of Tract #38639 (8620-26 Imperial Hwy.) Adopted 8 Minutes: Reg. Mtg., January 8, 1985 Approved as amended 8 Utility Agreement - 1-105 Freeway: Auth. Mayor to enter into Agmt. w/State for reimbursement of cost for study of water facilities Approved 9 Page 1 of 1 COUNCIL MINUTES, JANUARY 29, 1985 (ADJ.) TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Intra-City Bus System Received & filed 9 Cn.Boggs req. report re purchasing addl. vans with Prop A funds 9 Design of Park Imprvmts. (Golden, Independence, Carried over to Columbus & Rio San Gabriel Parks) next meeting 9 Ord, amending DMC re Moved Bldgs., Temporary Bldgs., & Temporary Storage Bldgs. Introduced 10 Res. #4519, Establishing No Parking Restriction from 2-6am All Days (No Exceptions) on Anderberg Av. N/o Alameda St. Adopted 10 Res. Establishing a Paramedic Subscription Prgrm. Tabled to next meeting 10 Res. #4520, Apprvg. Apptmt. of Mike Turner to Bd. Bldg. Appeals/Design Review Bd., Dist. 2 Adopted 11 Sign Code Enforcement Program Approved as revised 11 Sales Tax - Information and Audit Services: Auth. City Mgr, to enter into Agreement Failed 11 Continuation of Report on formation of citizen Charter Review Comm.: Each Council Member appoint 2 people & allow Comm. to function on its own to review Charter & make suggestions back to Council Approved 12 Cn. Boggs nominated Mrs. Priscilla Dunnum & Mrs. Joyce Lawrence to Charter Review Comm, Dist. 1 12 Cn. Santangelo nominated Ken Miller & Joe Ferris to Charter Review comm., Dist. 5 12 Petition to Prohibit Overnight Parking, N/s Buckles St. E/o Lakewood B1. to Vultee St. & instruct staff to bring back resol. next meeting Approved 12 SS Proj. #363 (FAU), Clark Av. Widening/Resurfac- ing - Imperial to Lakewood: Award contract & appropriation of funds Approved 12 CC #523, Tree Trimming - Various Locations: Award contract; direct staff to issue decreasing change order; & auth. use of $500 addl. funds Approved 13 Trusty Program: Authorize implementation Approved 13 City's Loan Agreement w/Downey Symphonic Society dated 1/21/83: Cancel any & all interest due Approved 13 Special Event Liability: Auth. staff to draft appropriate regulation Approved 13 Update of Personnel Manual Postponed 13 Window Coverings Council req. further info on drapes 13 Lennie Whittington req. notice of closed sessions be included in the Lobby Packet 14 David Ray re Minutes of Closed Sessions 14 Joint meeting bet. Council & Planning Comm. Set for 2/11/85 14 Page 2 of 3 COUNCIL MINUTES, JANUARY 29, 1985 (ADJ.) TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Send Cn. Davila & wife to Guadalajara for official visit Feb. 13-16 to represent Downey, & provide air fare and necessary expenses Approved 15 Allot $300 for gift to be presented to officials of Guadalajara on behalf of Downey Approved 15 Cn. Santangelo re letter from Downey Veterinary Hospital re daily accumulation of high school Ref. to City Mgr. & children behind property Police Chief 15 Cn. Davila re pothole on Neo St. just W/o Old River School Rd. 15 Cn. Davila req. study to upgrade signal at Fire Station #1 on Paramount B1. as top priority on 1985-86 City Budget 15 Upgrading of Orange St. to be placed on 1985-86 Budget Approved 15 Cn. Boggs re req. to have fireworks stand on July 4th for Campfire Girls Ref. to Fire Chief 15 Cn. Boggs re citizen request on smoking policy at City Hall 15 Cn. Boggs req. in-house attorney considered for 1985-86 budget 15 Cn. Boggs re req. further info on discontinuing use of legal size paper 15 Cn. Boggs re req. of Downey Comm. on Aging to name Drop -in Center after Signe Van Hoeven 15 Mayor Barb req. preparation of Ord. banning door-to-door solicitations. Ref, to City Attorney 15 Cn. Santangelo req. report on payment of legal fees to end of January this fiscal year with comparison to end of January last fiscal year 16 Cn. Davila req. staff bring back report on status of Ord. #735 re H-M Zoning at 8312 Iowa St. 16 Closed session for personnel matters, pending litigation & property acquisition 16 Meeting adjourned to 6:30 p.m., February 11, 1985, in Yellow Testing Room, 2nd Floor, for joint meeting with Planning Commission 16 Page 3 of 3 g11633 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JANUARY 29, 1985 The City Council of the City of Downey held an adjourned regular meeting at 6:30 p.m., 1985, in the Council Chamber of the Downey City Hall, Mayor Randall R. Barb presiding. PRESENT: Council Members: Randall R. Barb Mayor Bob Davila Mayor Pro Tem Diane P. Boggs James S. Santangelo Robert G. Cormack ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney James R. Cutts, Director of Community Development William A. Ralph, Director of Public Works Lee Powell, Director of Administrative Services William F. Martin, Police Chief Don Davis, Fire Chief James R. Jarrett, Acting Director of Community Services Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary Mayor Barb announced the Council is recessing to closed session for con- sideration of personnel matters, pending litigation, and property acquisition under Sections 54956.9 and 54956.8 - Government Code, as follows: 1. Section 54956.9, Subdivision (a) matters as follows: Downey CAREs vs. City of Downey, et al; Patricia Dolezal vs. City of Downey; and Norma Arenas vs. City of Downey. 2. A Section 54956.9, Subdivision (a) matter - which will not be identi- fied because to to do so would jeopardize the City's ability to conclude existing settlement negotiations to its advantage. 3. A Section 54956.9, Subdivision (b) matter. 4. A property acquisition matter involving water rights in the Central Los Angeles Water Basin. The City plans to negotiate with Pacific Coast Packaging Corporation. The meeting was then recessed to closed session from 6:30 p.m. to 7:25 P.M.. After the Community Development Commission conducted its meeting, the Council Meeting resumed at 7:50 p.m. with all Council Members present. Mayor Barb announced for the record that the Council met in closed session and discussed those items expressed that were stated at the beginning of the session, and there was no action from that meeting which is required to be reported. INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Cormack. The Flag Salute was led by Councilman Santangelo. PRESENTATIONS Chief Davis assisted Mayor Barb in presenting Commendations to Mr. Charles Fisher and Mr. Murdoch Fraser for their immediate reaction to a medical emergency resulting in the saving of a life. ADMINISTRATIVE REPORTS Request for Removal of Parking Restriction, West Side Brookshire Avenue North of Gallatin Road Council Minutes 1/29/85 (Adj.) -I- Mr. Ralph explained this is a request from people on the east side of Brookshire and said the no parking restriction was installed approximately 20 years ago per the request of people on the west side of Brookshire for no parking on that side of the street. This matter has been heard by the Traffic Committee, and staff is recommending the Council consider the people who are most affected on the west side, who have also submitted a petition requesting that the no parking restriction not be removed. A representative of the people requesting removal was asked to come forward and briefly describe the situation. Evans Kitisgianis, 9224 Brookshire Avenue, presented a petition contain- ing 115 signatures in favor of the request and said it appears the problems that existed when the parking was restricted do not exist today. Also, the traffic count has diminished due to the I-5 Freeway realignment, whereby access to Brookshire from Lakewood Boulevard was eliminated. He reviewed the history of the street widening and sidewalks on Brookshire, which involved dedication of property by owners on the east side of the street. He pointed out the property owners on the east side and their visitors use parking on the west side of the street because there is no parking on the east side. Mr. Kitisgianis mentioned there were 38 parking spaces behind the apartments rented from Downey Ford, but the lease has expired. Many tenants have two cars and no place to park. He asked the people from the apartments present in the audience to stand and be recognized, and expresed further need for additional parking on Brookshire. Mr. Allen Wood, Vice -President of L'Albri Management, Inc., property manager of the apartment buildings located at 9140 and 9250 Brookshire Avenue, representing 17 owners and 170 families, said when the apartments were built, parking was provided as required. Residents on the opposite side of the street are continually parking on the east side, which reduces the number of offstreet parking for apartment residents. Mr. Wood presented a petition signed by approximately 100 residents of the two apartment complexes, and indicated he feels it is an act of discrimination to deny approximately 400 families in favor of 14 residents on the west side of the street. Mayor Barb asked that a representative against the request come forward and present his views. Mr. George Palendeck, 9137 Brookshire, commented on the close prioximity of Gallatin Elementary School to this location and of the hazardous situation that would be created for children riding their bikes to and from school if parking were permitted on the west side of the street. He also commented further on hazards that would be created with residents on the west side back- ing out of their driveways. Mr. Pellendeck mentioned there are no street lights at this location and parking is more of a problem during the night than during the day. Also, additional parking would cause problems for the weekly trash pickup. He said the petition they have submitted is 100 percent backed by the people who live on the street. Eleanor Marchese said 20 years ago when no parking was approved on the west side of the street the traffic was not what it is today. She stated that if the street had been widened to the width it is below Gallatin, the property owners would not object to parking on both sides. The width of the street creates a hazardous situation when exiting driveways. She feels the no park- ing restriction on the west side is justified. Mr. Ralph responded to questions of the Council. It was moved by Councilman Davila, seconded by Councilman Cormack, and passed by unanimous vote to uphold the Traffic Committee's position and deny the request. Mr. Robert Verderber, Chairman of the Planning Commission, said it is the opinion of a realtor in the City that one of the original conditions for building the apartment was to have leased parking. Mayor Barb asked Mr. Ralph to look into this. Mayor Barb declared a recess from 8:35 p.m, to 8:48 p.m. The meeting resumed with all Council Members present. Council Minutes 1/29/85 (Adj.) -2- J�'�5 HEARINGS Mayor Barb opened the hearing on General Plan Amendment GP 84-3 and Zone Change Case No. 216 to allow expansion of the Penske Cadillac Dealership onto the former Fairford School Site. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack and so ordered to receive and file the Proof. Mr. Cutts reported on the request to allow expansion of the automobile dealership consisting of new car storage, employee parking, and a new car preparation building on the former school site. The zone change would allow automobile parking in the C-2 zone, and the general plan amendment would be a change from school to Open Space designation with general commercial to the rear of the property. Several measures have been taken to mitigate any possible noise impact to the surrounding properties, and there will be a masonry wall between the subject property and the residences; the preparation building will be located on the portion of the site that is furthest from the residential property; some determinations have been made as to hours of operation and prohibition of a loudspeaker system; and other restricting uses will apply. Mr. Cutts said the expansion is consistent with the General Plan goal of enhancing economic wellbeing of the commercial establishment while providing buffering between commercial and non-commercial areas. The Planning Commission approved this matter on a 3-2 vote, which included a Conditional Use Permit to allow a parking lot and a Zone Variance to exceed the fence height requirements. Mr. Cutts narrated a slide presentation to further illustrate the proposal. Councilman Davila asked if there would be any sales conducted in the proposed expanded area. Mr. Cutts replied there would not be anyone in that area for that purpose. However, there might be occasion where a potential buyer would be shown a new vehicle. The principal use of the area would be for storage. Mr. Newton explained that looking at an automobile in the storage area would not be commercial activity as such. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. The applicant was asked to come forward and present his case. Mr. Roger Penske, President of Penske Cadillac, 10700 Studebaker Road, reported on the growth of the automobile dealership, which has created a need for expansion. He has received an offer to relocate in the Cerritos Auto Center but has chosen to stay in Downey and look for possible alternate locations for vehicular storage. Mr. Penske mentioned the additional area would provide parking for employees, and he commented on discussions with residential neighbors to explain the proposed project and solicit suggestions. There will be an eight -foot wall around the expansion area, with a surrounding green area. Also, the preparation area for vehicles will be located closer to Dollison Avenue so as to eliminate any noise that might take place, and he does not anticipate any car sales in the back lot. Light posts will be installed for security and will shine in a position so as to not bother the neighbors. The area would be open from 7:30 to 6:00 so that service would not be provided in that facility in the evening. Mr. Penske commented on discus- sions with the minister of the church on the corner and the arrangement for parishioners to park in the employee parking lot on Sundays. Mr. Penske also mentioned he has requested a General Motors franchise to sell a vehicle competitive with the imports, which he hopes to locate in Downey and provide additional revenue for the City. In responding to questions of the Council he offered assurances there will be no body work or major work done on the expanded area; he outlined plans for adequate assigned employee parking; consented to conditions in writing setting forth what has been agreed with the neighbors; and indicated that no automobile sales will take place in the vehicle get -ready area. Mr. Newton pointed out the Council cannot add conditions to any of the proceedings before it this evening. He did point out, however, that any commercial activity conducted on property that was not zoned for that activity Council Minutes 1/29/85 (Adj.) -3- would be a violation of the Zoning Ordinance and subject to prosecution or enforcement of provisions of the Ordinance. Councilwoman Boggs referred to the hearing that was held in July for a condominium project on the subject property, during which the property owners insisted the property remain R-1, and she questioned how Mr. Penske approached the property owners. Mr. Penske replied contacts were made with the property owners before making any decision and that a list of 40 to 50 names of people in the area supporting the project has been submitted to the City. When asked what he anticipates in the way of increased sales from the new addition, he said the business has grown at the approximate rate of 5-7 percent, and this expansion. will provide the capability to grow further. He did mention it would still be necessary to have an offsite storage area if the business continues to grow, and his landlord has indicated he might have additional space available in the future. Mr. Penske responded to further questions. There being no one else to speak in favor, Mayor Barb asked if anyone wished to speak in opposition. Mr. David Ray, 7338 Nada, said he is speaking as a private citizen even though he was on the Planning Commission that heard this case. He indicated he was disturbed with material presented to the Commission and the information it received in a report stating the Planning staff approved this, which he found out later staff did not approve. Mr. Cutts said staff's recommendation is to approve. Mayor Barb explained the City Council employs a City Manager, who is responsible for staff and the recommendations. The Council has received staff's recommendation and a 3-2 vote of the Planning Commission in favor of the project. Mr. Ray said for the record that the recommendation of the Planning Commission was predicated on conditions and recommendations of Planning..that were not the recommendations of Planning. Mayor Barb stated that Mr. Ray's comments concern a Planning Commission matter and are not related to the project. He ruled that this kind of discussion cannot continue. Mr. Ovrom indicated he would be willing to discuss this matter with Mr. Ray. He is not aware of any staff members recommending against it, and he will look into this matter. Mr. Ray mentioned the property is leased, and if it is not renewed and Penske leaves Downey, the City will be left with commercial usage in a R1-5000 area. He objected to a car dealership at this location in a completely resi- dential area, and he also objected to the C-2 designation. He said noise will be created by large diesel trucks coming onto the property and he would like to see the request denied. Councilman Santangelo rebutted some of the comments made by Mr. Ray and asked if any of the residential people surrounding the property were present at the Planning Commission hearing where this was presented to express their objection. Mr. Ray replied no. Mr. John Gonzalez, 12350 Orizaba, asked the Council to not make the mistake of allowing an automobile dealership in a residential area. He also commented on the traffic that will be generated because of the proximity to three freeways. Mr. Bob Verderber, 12828 Verdura, suggested there might be some question relative to proper notification for this hearing, and he assumes the same list of property owners was used for notifying people of this hearing that was used, for the Planning Commission hearing. According to a tract map obtained from a staff member with a 500 foot radius circled around the property, of the 103 properties that should have been notified 70 were not, which indicates 40 percent of the property owners were not notified of the Commission hearing, and he would assume they were not notified for this hearing. Council Minutes 1/29/85 (Adj.) -4- �01 Mr. Newton read from Section 9160.06 - Procedure for Hearing Notices, a portion of which reads, "Unintentional failure to mail the notices provided for in this section or failure to post the property in the manner provided for in this section shall not affect the validity of any proceeding." Mr. Shand said the legal ad was published and property owners were notified. Mr. Cutts was asked if there were any notices posted on this matter, and he replied no. Elisa Hernandez, 10912 Dalwood, said she did not receive notice of Mr. Penske's meeting, but she is in favor of the project. However, she is concerned that there not be any ivy allowed to grow on the eight foot wall -- because it could create a problem with rodents. Mr. Penske mentioned at the neighborhood meeting it was agreed not to plant ivy on the wall and so stipulated to the neighbors. Mr. Richard Legatsby, 10817 Longworth, said he was one of the property owners present in opposition to the condonminium project, and he feels the Penske project is the best thing for the neighborhood. Mr. Michael T. Turner, 6421 Dos Rios Road, suggested creeping fig could be planted on the wall which is a close, clean vine and can be trimmed and maintained at low cost. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Penske said the number of new car deliveries made to the dealership amounts to approximately 1-1/2 deliveries per day, and when the trucks pull in they shut their motors off and unload the vehicles. Concern over diesel smoke would be minimal. It is planned to provide texturing for the eight foot wall. Mr. Penske indicated that as requested, they will install proper curbing and sidewalks, and they will put in a grass strip and decorative lights along Dollison. The aesthetics of the project will add to the City, not degrade it. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to close the hearing. Councilwoman Boggs expressed concern regarding proper notification of the hearings because it involves residents, and if she knew for sure the people were notified but did not attend the hearing she would be ready to go forward with the proposal. Mr. Ovrom said staff will look into this matter. If it is determined people were not properly notified it will be known by the time the Ordinances are brought back for second reading. RESOLUTION NO. 4516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING A PORTION OF THE GENERAL PLAN OF LAND USE MAP GENERAL PLAN AMENDMENT #84-3, NORTH CENTRAL PORTION OF THE FAIRFORD SCHOOL PROPERTY The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to adopt. Councilman Davila indicated he is in favor of the project as presented but is concerned about the people who have not been notified. Therefore, he will abstain from voting on this matter. AYES: 3 Council Members: Santangelo, Cormack, Barb NOES: 1 Council Member: Boggs ABSTAIN: 1 Council Member: Davila Councilwoman Boggs said her "no" vote was not to the waiver of further reading. Council Minutes 1/29/85 (Adj.) -5- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9108.04 REGARDING SUB -ZONES OF THE OPEN SPACE ZONE The Ordinance was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to introduce. AYES: 3 Council Members: Santangelo, Cormack, Barb NOES: 1 Council Member: Boggs ABSTAIN: 1 Council Member: Davila Councilwoman Boggs indicated her "no" vote relates to introduction of the Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 829, ZONE CHANGE CASE NO. 216) The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to introduce. AYES: 4 Council Members: Davila, Santangelo, Cormack, Barb NOES: 1 Council Member: Boggs Councilwoman Boggs said her "no" vote relates only to the introduction. Councilman Santangelo stated for the record when staff is to notify people within a 500 foot radius, that is what the Council wants to have happen. Mr. Ovrom again stated this matter will be checked out. Mayor Barb declared a recess from 10:05 p.m. to 10:12 p.m. The meeting resumed with all Council Members present. Mayor Barb opened the hearing on Appeal to Zone Variance No. 355, 8319- 21-23 Vista Del Rio. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Santangelo and so ordered to receive and file the Proof. Mr. Cutts reported on the request to establish a legal basis for an addition to a single family dwelling, which created a duplex in a R-1 zone. The property owner has appealed certain conditions of the Planning Commission's approval. He commented on the irregular shape of the lot and indicated that since the applicant's lot and other nearby properties are quite large, several have been granted plot plan approvals for second and third detached single family units when sufficient lot area exists. The Plot Plan approved for this property for an additional two and three units was approved in 1968, and in 1979 a building permit was issued to add 726 square feet onto one of the newer dwellings to the rear for a kitchen, bedroom, bath, and living room, which was subsequently constructed. No where on the plan sub- mitted in 1979 was there any reference the addition was for a second dwelling unit, although staff should have been alerted because of a kitchen shown in a set of plans --the addition was for an addition, not an additional unit. Mr. Cutts stated that at the conclusion of the Planning Commission hearing, the Commission modified approval of the zone variance to include three different conditions to permit an existing one-story attached addition to the dwelling which may contain kitchen facilities to be rented as a separate dwelling unit applicable only to the property owner of record on the date of this action; upon sale of the property the attached addition shall be integrated with the existing single family unit; and that a covenant be recorded setting forth the limitations of use. He narrated a slide presentation of the property and recommended denial of the appeal. Council Minutes 1/29/85 (Adj.) -6- 1207 Mayor Barb asked if the City Clerk had received any correspondence, and the response was no. The applicant was asked to come forward and present his case. Mr. Elwayne Smith, 8130 Florence Avenue, attorney for the applicants, said the lot is of an irregular shape and backs up to the Santa Ana Freeway. He feels this matter involves a technical violation of the Zoning Ordinance in that the violation was permitted and created by action of City staff in approving plans, granting permits, making inspections, and clearing the finished unit for occupancy. Staff has indicated in various reports this was a mistake on their behalf --that the plans clearly show a separate kitchen, living room, bedroom and bathroom and, therefore, creates a duplex. Mr. Smith mentioned the applicants purchased the property as a four -unit lot from the persons who originally built it in 1979, and there is more than adequate space for off-street parking. He also mentioned the property has had separate utility meters and service, and the units have been rented for several years and was represented by the seller as being separate units. If this property is not allowed to be used as it was purchased, his clients feel they will suffer a decrease in value and damages in the area of $60,000. Mr. Smith requested the Council to grant the zone variance eliminating the conditions imposed by the Planning Commission and permit the property to be retained as it has been for the past six years. He responded to questions. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and so ordered to close the hearing. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL TO ZONE VARIANCE NO. 355 The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to uphold the zone variance and modify the conditions imposed by the Planning Commission by removing the last sentence in Condition No. 1 and removing Conditions No. 2 and 3. During discussion, Councilman Davila inquired regarding status of the report concerning sale of property not in conformance with City policy. Mr. Cutts said it is hoped to come back with a recommendation by the second meeting in February. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Councilman Cormack was excused from the meeting at 10:35 p.m. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, said on January 9, 1985, he received a special delivery letter from the City Manager restricting him from making verbal requests for public documents from City departments and that the letter was sent to all departments. He submitted a copy of the letter for each Council Member. Mayor Barb explained the Council has previously received a copy of the letter, and there have been no objections to the policy. The policy was established because of the amount of time staff was spending on complaints by Mr. Gonzalez, which turned out to be unfounded. The policy would still enable Mr. Gonzalez to obtain requested information and allow staff to serve the rest of the City. Under protest by Mr. Gonzalez, Mayor Barb requested him to take his seat. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-A, Minutes of Regular Meeting of January 8, 1985; VIII- F-1, Utility Agreement - I-105 Freeway; and VIII-F-6, Intra-City Bus Sytem, were removed at the request of Councilwoman Boggs. Council Minutes 1/29/85 (Adj.) -7- Agenda Item VIII-F-B, Design of Park Improvements, was removed at the request of Councilman Santangelo. CONSENT CALENDAR It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Special Called Meeting, January 8, 1985. Legal Claims for Rejection: Ref. #702, Pauline Booth; and Ref. #704, Maurice Karam. Cash Contract No. 524, Sidewalk Construction - Verdura Avenue, Barlin and Blodgett Avenues between Golden and Gardendale Avenues: Plans and speci- fications, and grant authority to advertise for bids (Acct. #28-20322). General Warrants: 1001287 - 001300; #002925 - 003174: $1,274,944.57. 1986-90 Transportation Improvement Program (T.I.P.), Annual Submittal: Projects to be included in the T.I.P. for 1985-86. Report on Security Companies and Guard Services. Appeal, Zone Change Case No. 214, 11720 Adenmoor Avenue: Hearing set for 7:30 p.m., February 26, 1985, in the Council Chamber of Downey City Hall. RESOLUTION NO. 4521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF BARBARA JACOBS TO THE METROPOLITAN COOPERATIVE LIBRARY SYSTEM (MCLS) AS ALTERNATE REPRESENTATIVE Building at Treasure Island Park: Authorize demolition or removal. RESOLUTION NO. 4517 A RESOLUTION OF THE CITY OF DOWNEY AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE TRAINING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF DOWNEY AND THE STATE OF CALIFORNIA, DEPARTMENT OF HIGHWAY PATROL RESOLUTION NO. 4518 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 38039 (8620-26 IMPERIAL HIGHWAY) AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack Minutes: Regular Meeting of January 8, 1985 Councilwoman Boggs referred to the middle of Page 3 under the hearing on Appeal to Tentative Parcel Map No. 16715, 8355 Lexington Road, wherein she asked Mr. Warren what he intended to do with the house, and he pointed out he was going to cut an eight foot hole in the middle of the house. She requested this be included in the Minutes. The Chair accepted the amendment to the Minutes, which was approved by the following vote: AYES: 3 Council Members: Davila, Boggs, Barb ABSENT: 1 Council Member: Cormack ABSTAIN: 1 Council Member: Santangelo The Minutes, as amended, were approved by the following vote: AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack Council Minutes T/29/85 (Adj.) -8- ��41 Utility Agreement - I-105 Freeway Councilwoman Boggs said she has received correspondence expressing concern regarding street lights that will be disconnected while the work is being performed. She asked to be kept informed of what is occurring regarding. street lights in the Freeway corridor. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to authorize the Mayor to enter into a Utility Agreement with the State for reimbursement of cost for the study of water facilities in the Route 105 Freeway area. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack Intra-City Bus System Councilwoman Boggs is not satisfied with the City's use of Proposition A money and feels more transportation could be provided without becoming totally involved in a municipal bus service. She requested a report for some type of bus system and suggested purchasing additional vans with Prop A funds for use as the need arises or changes within the community. Mayor Barb mentioned one of the problems is that the cost for the van is a minimal part of providing service. Councilwoman Boggs said there are senior citizens in District One who are unable to use the senior citizen center and available activities due to their inability to drive. It was so ordered to receive and file the report on the Intra-City Bus System. Design of Park Improvements (Golden, Independence, Columbus & Rio San Gabriel Parks) Councilman Santangelo inquired why this work cannot be handled by City staff. Mr. Ralph explained that although staff has the capability, there is not enough manpower to get the work done in a reasonable amount of time. He responded to questions regarding the time element for using available funds. Mr. Jarrett said the funds being used for these projects are Community Development Block Grant Funds, and a request has been received from the Federal Government to have the funds encumbered by the first of July. Councilman Santangelo questioned the need to spend $28,000 for a consultant when the City has the capability of doing the work in-house. Mr. Ovrom explained there are some City staff who can do the work; however, the problem is there are not enough employees to do everything that needs to be done. The City has made a policy decision to use contractors from the private sector rather than in-house staff. A discussion was held regarding the time element involved. Members of staff responded to further questions of the Council. Noting the amount it will cost for a contractor, as opposed to in-house, Councilman Santangelo said additional people could be hired to do the work. Mr. Ralph commented on the work load in his department. It was moved by Councilman Santangelo and seconded by Councilman Davila to reject the request and find personnnel to come on board and to do the project in-house. Further discussion ensued. Councilwoman Boggs asked if this is not approved tonight, could the work be done either in-house or with part-time personnel by the deadline? Council Minutes 1/29/85 (Adj.) -9- �;'6 Yd Mr. Ralph replied it would require hiring part-time personnel, but he is not aware of competent part-time group of employees looking for work. He commented regarding past experiences with part-time personnel. Mayor Barb suggested there might be projects coming up to justify hiring another full-time person. Councilman Santangelo questioned whether it would cost $28,000 to do the project in-house. Mr. Ralph indicated he would have to analyze the amount of hours involved. An amended motion was made by Councilman Davila, seconded by Counclwoman Boggs, and passed by the following vote to carry this matter over to the next meeting. Mr. Ralph said he will come back with a report on what can be done to start working on the project to get it completed at the end of the year. AYES: 4 Council Members ABSENT: 1 Council Member: ORDINANCES Davila, Santangelo, Boggs, Barb Cormack ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING ARTICLE VIII, SECTION 8202, OF THE DOWNEY MUNICIPAL CODE, RELATED TO MOVED BUILDINGS, TEMPORARY BUILDINGS, AND TEMPORARY STORAGE BUILDINGS The Ordinance was read by title only. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to introduce. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack RESOLUTIONS RESOLUTION NO. 4519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A NO PARKING RESTRICTION FROM 2:00 A.M. TO 6:00 A.M. ON ALL DAYS (NO EXCEPTIONS) ON ANDERBERG AVENUE N/0 ALAMEDA STREET The Ordinance was read by title only. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A PARAMEDIC SUBSCRIPTION PROGRAM The Resolution was read by title only. It was moved by Councilman Davila to deny. The motion died for lack of a second. It was moved by Councilman Santangelo to table until the next meeting. Mayor Barb asked when is the earliest date service could begin. Chief Davis replied the earliest would be the first of June or July. AYES: 3 Council Members: Davila, Santangelo, Boggs NOES: 1 Council Member: Barb ABSENT: 1 Council Member: Cormack Council Minutes 1/29/85 (Adj.) -10- �&N3 RESOLUTION NO. 4520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MIKE TURNER AS A MEMBER OF THE BOARD OF BUILDING APPEALS/DESIGN REVIEW BOARD FOR COUNCILMANIC DISTRICT NO. 2 The Resolution was read by title only. It was noted Mr. Turner would serve as the citizen at -large. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to adopt. Councilman Davila introduced Mr. Mike Turner, who was present in the audience. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack ADMINISTRATIVE REPORTS It was moved by Councilman Davila to deny the Sign Code Enforcement Program. The motion died for lack of a second. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to approve the Sign Code Enforcement Program as revised. Mrs. Gloria Reed, 12161 Paramount Boulevard, inquired regarding status of progress on availability of financial support. Mr. Cutts replied this will be brought back in the near future, and he mentioned there are a few problems involved with regard to financing. Mrs. Reed questioned how enforcement can be done without knowing whether there will be financial support for the businesses. She also asked that when there is a sign violation and a change made, is it the responsibility of the property owner or the business tenant? Mr. Cutts said it is his understanding the property owner is the one who is ultimately responsible for whatever is on the property. Mr. Newton stated the Sign Code is a land use regulation and prohibits use of property inconsistent with provisions of the Code. If there is a vio- lation of the Code, the City would proceed against both the business owner and property owner. It is a question of fact that has to be resolved in each case as to who caused the violation. Mr. William B. Cole, General Manager of the Downey Chamber of Commerce, commented regarding his input provided concerning the enforcement plan. He said a constructive effort is being made to enforce the program, and the Chamber Board of Directors will do everything possible to communicate with sign owners regarding what they need to do to conform with the Code. Mr. Lennie Whittington, 8542 Manatee, hopes the enforcement will be fair to everyone. AYES: 3 Council Members: Santangelo, Boggs, Barb NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Cormack Sales Tax - Information and Audit Services Councilman Santangelo indicated he will vote "no" on hiring of consulting firm because while the City may not meet the deadline this year, he feels confident in-house staff can handle review of the problem. Mr. Ovrom agreed it could be done in-house, but he feels a consulting firm can do it cheaper than the City. Council Minutes 1/29/85 (Adj.) -11- It was moved by Councilman Davila to authorize the City Manager to enter into an agreement with Robert Hinderliter & Associates for Sales Tax Audit and Information Services for a one-year period on a flat 25 percent basis. Councilman Santangelo concurred with the motion. Councilwoman Boggs disagreed and would expect this work to be done automatically in-house. Councilman Santangelo said he would be willing to go with a consultant this year because the company apparently has the computer software and the capability of doing the work for $6,000. He feels it would probably cost the City more than $6,000 to do it in-house, but that eventually the City could create software to do the audit. Mr. Newton explained he has received notice from an officer of the Board of Equalization requesting he call to the Council's attention a limitation of the Revenue and Taxation Code which provides that information of this nature may only be made available to officers or employees of cities. If the Council wishes to proceed as indicated, it should be based on a condition that the agreement be modified to recite that the consultant is designated as an officer of the City for the limited purpose of obtaining information necessary from the Board of Equalization. He suggested this language should be cleared with the legal department of the Board of Equalization. The Chair accepted the motion. AYES: 2 Council Members: NOES: 2 Council Members: ABSENT: 1 Council Member: Failed. The vote was taken as follows: Santangelo, Boggs Davila, Barb Cormack Continuation of Report on Formation of Citizen Charter Review Committee It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote that each Council Member appoint two people to the Committee and allow the Committee to function on its own to review the City's Charter and make suggestions back to the Council for possible changes. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack Councilwoman Boggs nominated Mrs. Priscilla Dunnum and Mrs. Joyce Lawrence to represent District One on the Charter Review Committee. Councilman Santangelo nominated Ken Miller and Joe Ferris to represent District Five. Mayor Barb and Councilman Davila will wait until the next meeting to make their appointments. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to appove the petition to Prohibit Overnight Parking Restriction, North Side Buckles Street East of Lakewood Boulevard to Vultee Street, and instruct staff to bring back a Resolution to the next meeting. Mr. Lennie Whittington, 8542 Manatee, mentioned reading in the packet material that parking will be from 2:00 to 6:00 a.m. He also stated there are similar signs posted around the Downey Community Hospital but that cars are parked there all the time and do not get ticketed. Staff was asked to bring back a resolution next meeting. It was moved by Councilman Santangelo, seconded by Councilman Davila, and passed by the following vote that contingent on Caltrans' approval, to award a unit price contract totaling $94,882.45 to Sully -Miller Contracting Co. for construction of street improvements under S.S. Project No. 363 (FAU), Clark Avenue Widening/Resurfacing, Imperial Highway to Lakewood Boulevard, and appropriate funds in the amount of $19,000 from the unexpended Gas Tax Fund Balance to Account No. 26-16245 for use on this project. Council Minutes 1/29/85 (Adj.) -12- �6 y5 AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack It was moved by Councilman Santangelo, seconded by Councilman Davila, and passed by the following vote to award a unit price contract to Travers Tree Service, Inc., in the amount of $76,078 on Cash Contract No. 523, Tree Trimming - Various Locations; direct staff to issue a change order decreasing the total unit price amount to $75,500; and authorize the use of $500 in addi- tional funds from the Public Works Operational Account No. 10-4-3140. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by the following vote to authorize implementation of the Trusty Program. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to cancel any and all interest due on the City's Loan Agreement with Downey Symphonic Society dated January 21, 1983. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack Special Event Liability Councilman Santangelo is in favor of the change up to $1 million for the Downey Theatre, and referring to the list of participants under recreation, he asked that the West Downey Little League be included. He feels the $500,000 limit for other organizations is inadquate. Mr. Powell said the City has purchased insurance between $500,000 to $10 million. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote to aprove the recommendations and authorize staff to draft the appropriate regulation. . AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack It was moved by Councilman Santangelo to approve Update of the Personnel Manual. At the request of Councilwoman Boggs, this matter was postponed. Window Coverings Councilwoman Boggs said further drapery samples should be provided that include specks of carpeting that tie-in with the drapery material. Councilman Santangelo favored mini -blinds because the dollar difference between blinds and drapes is considerable. Councilman Davila plans to go along with drapes. Mr. Ralph said if the Council wants to go with drapes, the drapery people will have to be contacted, and he suggested the Council might want to form a committee to work on this. The price quoted is for unlined drapes. Councilwoman Boggs would like more information and favors drapes. Mayor Barb said it appears three Council Members are in favor of drapes, and he requested staff to investigate further the life expectancy, color, and whether they need to be lined. Mr. Ralph commented on the type of mini -blind maintenance estimated by the City's cleaning service. Council Minutes 1/29/85 (Adj.) -13- 76 5/6 ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - Audience Mr. Lennie Whittington, 8542 Manatee, requested that a copy of the notice on closed sessions be included in the Lobby packet. Mr. Newton explained there could be items added at the last minute which might not be shown on the notice. Mayor Barb requested extra copies be made and left next to the packet. Mr. Whittington referred to the section number quoted in closed session notice, which indicated a property acquisition matter would be discussed involving water rights, but it did not identify the negotiator or location of the property. Mr. Newton explained the best identification available of the real pro- perty involved in the proposed acquisiton is water rights in the Central Los Angeles Water Basin. Water rights are real property; the property is owned by Pacific Coast Packaging Corporation; and that is with whom the City would negotiate. Mr. David Ray, 7338 Nada, raised a question on the Brown Act concerning Minutes of Closed Session. He said the Planning Commission conducted an executive session, and the Council received verbatim minutes of that session. He asked the City Attorney to explain how that information can be given to the Council when the legislative body is the only one that receives a copy. Mr. Newton said the attorney from his office who attended the closed session of the Commission on January 16th, prepared a memo. Minutes of closed sessions can be required through adoption of an ordinance which the City Council and Planning Commission have not done, so minutes are not required to be prepared. What Mr. Ray is referring to does not consist of minutes, it consists of a memorandum that was given to him (Mr. Newton), which he trans- mitted to the City Manager, who is chief executive officer of the City to oversee all operations of departments. Under the confidence contemplated by the Brown Act, the City Manager would not be precluded from transmitting a confidential matter to the City Council, who has the general overseeing responsibility for all operations of the City. So it would still be within the confidential relationship for the City Council and the City Manager to have copies of those minutes. However, the document referred to is a memorandum and not minutes. Mr. Ovrom said it was his decision to release the memo and pass it on to the City Council. He mentioned another situation occurred, wherein a citizens advisory committee was having an executive session and excluded the Council Members from attending. At that time discussion was held that there is no such thing as a committee or commission that has secret meetings that are not accessible to the City Council, and the Council has the right to know what goes on at those meetings. Based on that, he felt the Council had the right to know what went on in the executive session. Mr. Ovrom said unless directed otherwise, there are no groups, advisory committees or employees that have secrets from the Council. Mr. Ray said the session involved a personnel matter directly related to the Commission, and he objected to a memo which appeared to be verbatim information that could only have been through the use of a tape recorder. Mr. Newton said this allegation has been expressed to him, and he knows there was no tape recorder present on the part of the representative of his firm, but that the representative does have a very vivid memory of what went on at that meeting. ORAL COMMUNICATIONS - City Council Mayor Barb requested a date be set for an informal joint meeting of the Council and Planning Commission to discuss personnel issues and then set another date to discuss mutual concerns of both the Council and Commission. The date of February llth, 6:30 p.m., was set for the Yellow Testing Room on the second floor. Council Minutes 1/29/85 (Adj.) -14- Mayor Barb said the Sister City has changed the annual visitation date to Guadalajara from October to February of each year, and there is no way he can attend. Also, funds are not budgeted for this, and he would like a report on the status of the Council budget on all accounts. He would not object to having Councilman Davila attend on behalf of the City. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to send Councilman Davila and his wife to Guadalajara for the official visit February 13, 14, 15 and 16 to represent the City of Downey, and that the City provide air fare and necessary expenses. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to allot $300 for a gift to be presented to the officials of Guadalajara on behalf of the City of Downey. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack Mayor Barb suggested the Council conduct a closed session at the end of the meeting to complete the items that were not finalized. Councilman Santangelo commented on receipt of a letter from the Downey Veterinary Hospital concerning a daily accumulation of high school children behind the property. Mayor Barb has responded to the letter and asked the City Manager to be in touch with the Police Chief on this situation. Councilman Davila reported on a pothole on Neo Street just west of Old River School Road Councilman Davila requested Council approval to study upgrading of the signal at Fire Station No. 1 on Paramount Boulevard, and he made a motion that this be considered a number one priority on the 1985-86 budget. Mr. Ovrom suggested this be number one to be considered at budget time, but he does not feel the Council will want to commit itself until it has seen the report and alternatives. It was moved by Councilman Davila and seconded by Councilman Davila that the upgrading of Orange Street be placed on the 1985-86 Budget. Councilwoman Boggs commented on a request from Mr. Walt Temple on behalf of the Rio Hondo Council of the Campfire Girls for authorization to have a fireworks stand for July 4th, for which they have two locations available. She asked the Fire Chief to contact Mr. Temple regarding this matter. Councilwoman Boggs also reported on a citizen request regarding the smoking policy at City Hall, wherein they feel it would be all right to have closed offices where smoke would not blow out into the work areas; that there be a special smoking lounge with a smoke eater for City Hall and the Police Department; and there is no smoking area for the public at Council Meetings. Concilwoman Boggs would like to have an in-house attorney considered for the 1985-86 budget to attend City Council and Planning Commission meetings. Councilwoman Boggs commented on a request to discontinue use of legal size paper. She prefers letter size paper but would like more information before making a decision. Councilwoman Boggs said a letter has been received from the Downey Committee on Aging indicatinng they would like to have the drop -in center named after Signe VanHoeven. She requested this be referred to the Recreation and Community Services Commission for recommendation. Mayor Barb said two complaints were received in the last month, one from Councilman Cormack's district and one from his district concerning door-to- door solicitations, and he would like to ban solicitations completely in the Council Minutes 1/29/85 (Adj.) -15- community, unless it has to do with a charity organization or something for the benefit of the City. Mr. Newton said he drafted an ordinance approximately 12 years ago for Manhattan Beach which bans all commercial soliciation from going on premises and disturbing residential. The ordinance has been effective and has never been challenged in court. He was asked to provide a copy of the ordinance to the Council. Councilman Santangelo requested a report as soon as possible on payment of legal fees to the end of January of this fiscal year and a comparison to the end of January last fiscal year, and that it include a breakdown of law firms. Councilman Davila would like staff to bring back report on the status of Ordinance No. 735 concerning H-M zoning at 8312 Iowa Street. Mr. Lennie Whittington, 8542 Manatee, commented on the Adams Ambulance request for re -zoning of the property on Iowa Street and their negotiations to purchase the property. He said the property is in escrow and pending at the present time. CLOSED SESSION Mr. Newton announced the City Council is recessing to closed session for consideration of personnel matters, pending litigation, and property acquisi- tion under Sections 54956.9 and 54956.8 - Government Code as follows: 1. A Section 54956.9 Subdivision (a) matter which will not be identified because to do so would jeoparidze the City's ability to conclude existing settlement negotiations to its advantage. 2. A property acquisiton matter involving water rights in the Central Los Angeles Water Basin, the City plans to negotiate with Pacific Coast Packaging Corporation. The meeting was recessed to closed session from 12:45 a.m. to 1:45 p.m. The meeting resumed with Council Members Davila, Santangelo, Boggs, Barb present; Council Member Cormack absent. Mayor Barb announced there was no action to report from the closed session. ADJOURNMENT: 1:45 a.m. The meeting was adjourned to 6:30 p.m., February 11, 1985, in the Yellow Testing Room, second floor, of the Downey City Hall, for joint meeting with the Planning Commission. /4% I', QL , k1Z Robert L. Shafid, City er - reasurer a dall R. Barb, Mayor Council Minutes 1/29/85 (Adj.) -16-