HomeMy WebLinkAboutMinutes-03-26-85-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 26, 1985
TABLE OF MINUTE ACTIONS
tl IR.1 rrT
Recognition of Charter Review Committee
Proclamation, April 8-14, 1985, as Cancer
Awareness Week
ACTION
PAGE NO.
1
1
Proposed DMC Amendment re Satellite Dish Antennas 'Referred back to Planning
Comm. & staff for study 1
Ord. re Gasoline Service Stations & Combined
Gasoline Service Stations/Convenience Markets Introduced 4
Res. #4550, Ord. Annex. into Ltg. Maint. Dist.
AD 121 (Annex. 85/03 - Phlox St.) Adopted 4
Ord. amending DMC re Withdrawal of Applications
or Appeals for Variances, CUP's & Zone Changes Introduced 4
Removal of Items from Consent Calendar 5
Minutes: Adj. Reg. Mtg., March 12, 1985; & Reg.
Mtg., March 12, 1985 Approved 5
Rejection of Legal Claims: Ref. #710, Castillo &
Nunez, et al; & Ref. #714, Gonzales Approved 5
General Warrants: #4143-4153; #4307-4467;
#4474-4620 Approved 5
Architectural treatment to Downey Historic Arch:
Agmt, w/Historical Society f/restoration & maint.
Approved 5
Appeal, Zone Variance #372, 12842 Gneiss Av.
Hearing set for 4/9/85 5
Apollo Park Ball Diamond Lighting Proj.:
Reappropriation & auth. expenditure from grant
for purchase of aluminum bleachers & backstop
Approved 5
Library Adult Literacy Program: Appropriation
for purchase of computer equipment
Approved 5
Res. #4551, Proposing to Annex into Ltg. Maint.
Dist. AD 121 (Annex. 85/04, Chaney Av.)
Adopted 5
Res. #4552, Apprvg. Engr's. Rpt. for Addn. to Ltg.
Maint. Dist. AD 121 (Annex. 85/04)
Adopted 5
Res. #4553, Decl. Int. to Annex into Ltg. Maint. Adopted; sets hearing
Dist. AD 121 (Annex. 85/04) for 4/23/85 5
Res. #4554, Apprvg. Appl. f/Grant Funds under
Roberti-Z'Berg Urban Open -Space & Rec. Program Adopted 5
Res. #4555, Apprvg. Appl. f/Grant Funds under
Roberti-Z'Berg Urban Open Space & Rec. Program Adopted 6
Res. #4556, Auth. County to issue Moving Permits
for Overheight, Overwidth & Overweight Loads for
City & Rescind Res. #3662 Adopted 6
Minutes: Adj. Reg. Mtg., March 15, 1985 Approved 6
Rejection of Appl. for Late Claim of Auto Club -
Ref. #711 Approved 6
Adm. Regulation - Emergency Procedures Received & filed 6
Page 1 of 2
COUNCIL MINUTES, MARCH 26, 1985
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT
Res. #4557, Proposing to Annex into Ltg. Maint.
Dist. AD 121 (Annex. 85/05, Otto St.)
Res. #4558, Apprvg. Engr's. Rpt. (Annex. 85/05)
ACTION PAGE NO.
Adopted 7
Adopted 7
Res. #4559, Decl. Int. to Annex into Ltg. Maint. Adopted; sets hearing
Dist. AD 121 (Annex. 85/05) for 4/23/85 7
Stop Sign Request - Guatemala Av. at Lubec St. Cont'd. f/further rpt. 7
John Gonzalez re code violations 8
Solicitation Ordinance Wait & adopt Ord. that
contains all options 8
Ord. #786, Decl. Moratorium on Inst, of Solar
Heating Systems (Urgency) Adopted 8
Ord. #787, re Fireworks Sales Permits Adopted 9
Ord. #788, re Seismic Regulations Adopted 10
Res. #4560, Apprvg. JPA bet. Cities of El Monte,
Downey, & San Jacinto creating E1 Monte -Downey -
San Jacinto Housing Finance Agency Adopted 10
Destruction of Police Internal Investigation
Records: Motion to direct City Atty, to prepare
Resol. prohibiting destruction of Police records Failed 10
Revised Edition of the Model City Charter:
Appropriation to join Citizens Forum on Self
Govt., National Municipal League, Inc. Approved
11
Cn. Santangelo re setback of Jack in the Box at
Lakewood & Florence
11
Cn. Santangelo re Insurance Certificate for
Downey Comm. Hospital
11
Cn. Santangelo re status of 20-minute parking at
Theatre
11
Cn. Santangelo re plans for Landscaping Chamber
of Comm. & City Library
11
Cn. Cormack re Weed Problem on property N/o
Freeway on Pico Vista Rd.
11
Cn. Boggs re drainage on E/s Woodruff S/o Imperial Ref. to Dir. Pub. Wks.
11
Cn. Boggs re Council portraits
12
Cn. Boggs re Firestone Demonstration Proj.
12
Cn. Boggs inq. re possibility of passing Ord.
preventing parking of boats on private roads
12
Cn. Santangelo re potholes on Valdina Dr.
12
Cn. Boggs re Ord. on illegal dumping of hazardous
waste & imposing large fine
12
Cn. Boggs recommends more stringent Code
Enforcement Program
12
Meeting set for 4:00 p.m., April 22nd, to
discuss salary negotiations
12
Meeting. adj. to 6:30 p.m., April 9th, re
pending Titigation
12
Page 2 of 2
Is
"/6 Y
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 26, 1985
The City Council of the City of Downey held a regular meeting at 7:36
p.m., March 26, 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
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
John Wager, Housing Manager
Harald J. Henriksen, City Engineer
Ronald Yoshiki, Acting City Planner
William Gilland, Building Official
Victoria Jenkins, City Librarian
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 Tim Smith, Telegraph Road Church
of the Nazarene. The Flag Salute was led by Councilman Santangelo.
PRESENTATIONS
Recognition of Charter Review Committee
Mayor Barb introduced Committee members Dan Wilson, Bill Lehman, Brian
Gasdia, Joe Lumsdaine, Ken Miller, David Ray, Jan Tannyhill, Priscilla Dunnum,
and Joyce Lawrence, and Certificates of Recognition were distributed to each.
Joe Ferris was absent.
The Council Members introduced their appointees and indicated they had
selected qualified people who will do an excellent job. The Committee was
then asked to meet with Mr. Yotsuya to set a time for the first meeting.
Mayor Barb presented to retired Judge Ed Kelley, representing the
American Cancer Society, a Proclamation designating April 8-14, 1985, as
Cancer Awareness Week.
ffXT1W1`Ce>;9
Mayor Barb opened the hearing on Proposed Amendment to Downey Municipal
Code pertaining to Satellite Dish Antennas, which was continued from the
regular meeting of March 12, 1985. He asked if anyone wished to speak to the
proposed Ordinance.
Mr. Joel Lubin, 7820 Allengrove, requested the Ordinance be referred back
to the Planning Commission for re -work because it has many flaws. He
suggested there be an Ordinance dealing with R-1 and another deaing with other
than R-1. There should be a standard for rooftop antennas on large structures
that would make it safe and not a visual nuisance. Mr. Lubin then objected to
sections in the Ordinance pertaining to rear yard requirements.
Councilman Cormack questioned whether there are any electrical problems
involved with the antennas.
Council Minutes 3/26/85 -1-
�69 �
Mr. Doug Maniacci, 8141 Firestone Boulevard, said he has a large distri-
bution outlet with five retail satellite shops, which install approximately
100 systems per month, and that every system on the market is either 24 or 36
volts. He mentioned the dish antennas are coming down in size, and he has
checked into a three-foot system, which does work --there is no such thing as a
two -foot satellite dish. He favored a further review of this matter before
any concrete decision is made and indicated that many times antennas are
mounted on a pole on the side of a building.
Councilman Davila inquired whether any companies were invited to
participate at the Planning Commissin hearing.
Mr. Yoshiki said businesses were not specifically invited; however, Mr.
Maniacci and his father, as well as the members of the Amateur Radio Club,
were present at the hearing.
Mr. Lubin said he heard about the first hearing from the paper and in-
formed Mr. Maniacci.
In answer to questions, Mr. Yoshiki explained staff responded to
direction for establishing a provision for antennas in residential areas
because that is where the greatest impact is. The Amateur Radio Club was
contacted prior to the Commission hearing because of its involvement when the
original ordinance was written. Also, Mr. Maniacci and Mr. Lubin were present
at the hearing. Mr. Yoshiki pointed out that in matters pertaining to zoning,
it is not improper to impose regulatory standards as to placement on
property. Installations involving structural safety come under Building Code
provisions and require a Building Permit. Staff addressed a two -foot
receiving type antenna for television reception, and it was intended to
discourage the roof -mounted antenna because it has the greatest impact on
neighborhoods. It is felt that ground mounted installations would facilitate
proper reception or transmission, and being located in the rear yard would not
visually impact residential neighborhoods. The reason for the ten -foot
requirement between the satellite structure and adjoining property is because
it is now a requirement in the Code as it pertains to separation between
buildings on property. The Amateur Radio Club prefers that a size limitation
not be placed on a dish antenna because their needs vary, and when placing a
dish in the rear yard there is no limitation on how big the antenna can be.
Without placing a limitation on the size of the antenna staff imposed a ten -
foot separation.
Councilwoman Boggs questioned how the Ordinance would be enforced;
suggested further review of the limit on size of antennas with regard to the
safety factor; questioned whether there should be further clarification re-
garding the screening of antennas; and requested further review of the ten -
foot requirement because of the effect on people with small yards. She feels
the Ordinance should go back to the Planning Commission and staff and
suggested consideration be given to having two satellite dish ordinances --one
for R-1 and the other for larger structures.
There being no one else wishing to speak, it was moved by Councilman
Davila, seconded by Councilman Santangelo, and so ordered to close the
hearing.
It was moved by Councilman Santangelo and seconded by Councilwoman Boggs
to send the Ordinance back to the Planning Commission and staff for further
study.
Councilwoman Boggs requested further review of the safety factor with
regard to electrical and wind.
Councilman Santangelo suggested an outside source might be available to
offer expertise to staff on this matter.
During further discussion, Councilwoman Boggs also suggested staff
consider a formula for space and the maximum size of a dish antenna.
Mayor Barb opened the hearing on Proposed Amendment to Downey Municipal
Code pertaining to Gasoline Service Stations and Combined Gasoline Service
Stations/Convenient Mini -Marts. He inquired if the City Clerk had the Proof
of Publication, and the response was yes.
Council Minutes 3/26/85 -2-
It was moved by Councilman Santangelo, seconded by Councilwoman Boggs,
and so ordered to receive and file the Proof.
Mr. Wager explained that per Council direction, staff readvertised this
matter expanding the proposed Code amendment to include a requirement for
public restrooms at no charge to the consumer. An amended Ordinance has been
submitted for Council consideration.
Mayor Barb inquired if the City Clerk had received any correspondence,
and the response was no.
Mayor Barb then asked if anyone wished to speak to the proposed
Ordinance.
Mr. Lennie Whittington, 8542 Manatee, commented on a survey he conducted
of 42 gas stations in Downey between March 22-25, wherein he checked whether
they offered free air and water and whether restrooms were available and
offered to the public.
Mr. Sardinas, representing Thrifty Oil Corporation, 10000 Lakewood
Boulevard, said at the time of obtaining a permit to construct a mini -mart at
an existing station they were not told restroom facilities would be required,
so they are not incorporated in the design of the store. He said if restrooms
are required the stations will have to find a place for a separate facility.
He cited the costs for air and water nozzles and noted they are quite often
vandalized. He is not aware of charges for air.
Mr. Darrell Fay, 12739 Lakewood Boulevard, representing a small
independent gasoline company based in Downey, mentioned the costs for provid-
ing services have become prohibitive due to the high costs for parts. He
estimated the cost of approximately $300 per year per unit to maintain the
equipment. Maintenance of restrooms is even greater. He feels the Council is
attempting to legislate a service that the marketplace should be allowed to
determine on its own.
Maureen Schenk, 8403 Conklin Street, said Los Angeles County is the only
county that does not provide air, water, windshield materials, and restrooms.
Other counties provide those facilities.
There being no one else wishing to speak, it was moved by Councilman
Davila, seconded by Councilman Santangelo, and so ordered to close the
hearing.
Councilman Santangelo questioned why the price of gasoline could not be
minimally raised to cover costs for maintaining the air and water facilities.
Councilman Davila commented on the need to provide restroom facilities
for the public.
Councilman Cormack concurred restroom facilities should be provided in
service stations and mini -marts, and he also mentioned consideration should be
given to the fact that contractors come into the City without providing
necessary restroom facilities on the job site.
Councilwoman Boggs thanked Mr. Whittington for his excellent report and
indicated it reveals there should not be a severe hardship on any business
complying. She did question how far the City should go in placing mandates on
the private sector but noted this concerns health and sanitation.
Mayor Barb said he is willing to be part of a decision that involves the
health and safety of the community.
Responding to questions, Mr. Newton said if a station currently had rest -
room facilities and they were not open to the public, upon the effective date
of the Ordinance the restroom facility would have to be made open to the
public and in conformance with Ordinances requirements. If no restrooms
existed, then that facility would be a non -conforming use, and the City could
not under provisions of this Ordinance require construction of restrooms based
on the new law. However, in his opinion, it would be possible to require
conversion of existing non -conforming uses to restroom facilities over some
period of time. He suggested the Ordinance be amended by changing the word
"consumer" to "public."
Council Minutes 3/26/85 -3-
�76_0
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 9146 OF THE DOWNEY MUNICIPAL CODE,
(CHAPTER 1, ARTICLE IX) RELATING TO GASOLINE SERVICE STATIONS
AND COMBINED GASOLINE SERVICE STATION/CONVENIENCE MARKETS
The Ordinance was read by title only. It was moved by Councilman
Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to
waive further reading; that wherever the word "customer" or "consumer" appears
in the Ordinance the words be changed to "public;" and to introduce.
Councilman Cormack requested an abatement program be established.
Referred to staff for report back.
Mayor Barb opened the hearing on Lighting District Annexation 85/03,
Phlox Street west of Paramount Boulevard, including Pruess Avenue and Samoline
Avenue north of Phlox Street. He inquired if the City Clerk had the Affidavit
of Posting of Notice and Proof of Publication, and the response was yes.
It was moved by Councilman Santangelo and seconded by Councilwoman Boggs
to receive and file the Affidavit and Proof.
Mayor Barb asked if the City Clerk had received any written protests or
objections, and the response was no.
There being no one present to speak in protest, it was moved by
Councilman Cormack and seconded by Councilman Davila to close the hearing.
RESOLUTION NO. 4550
A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A
CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND
TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET
LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN
THOSE AREAS (ANNEXATION 85/03 - PHLOX STREET WEST OF
PARAMOUNT BOULEVARD, INCLUDING PRUESS AVENUE AND SAMOLINE
AVENUE NORTH OF PHLOX STREET)
The Resolution was read by
Santangelo, seconded by Councilman
waive further reading and to adopt.
title only. It was moved by Councilman
Cormack, and passed by unanimous vote to
Mayor Barb opened the hearing on Proposed Amendment to Downey Municipal
Code regarding Withdrawal of Applications and Appeals. 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.
Mayor Barb inquired if the City Clerk had received any correspondence,
and the response was no.
There being no one present to speak to the proposed amendment, it was
moved by Councilwoman Boggs, seconded by Councilman Santangelo, and so ordered
to close the hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMEND-
ING THE DOWNEY MUNICIPAL CODE BY REPEALING SECTIONS 9164.10
AND 9170.08 RELATING TO WITHDRAWAL OF APPLICATIONS FOR
VARIANCES AND ZONE CHANGE AMENDMENTS, RESPECTIVELY, AND ADDING
SECTION 9160.14 RELATING TO WITHDRAWAL OF APPLICATIONS OR
APPEALS FOR VARIANCES, CONDITIONAL USE PERMITS, AND ZONE CHANGES
The Ordinance was read by title only. It was moved by Councilman Davila,
seconded by Councilwoman Boggs, and passed by unanimous vote to waive further
reading and to introduce.
Council Minutes 3/26/85 -4-
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Items VIII-C-3, Ref. No. 711; and VIII-G-1, Resolution pertaining
to Emergency Procedures, were removed at the request of Councilwoman Boggs.
Agenda Item VIII-A, Minutes of Adjourned Regular Meeting of March 15,
1985, was removed at the request of Councilman Davila.
Agenda Item VIII-G-3, Resolutions on Lighting District Annexation 85/05,
were removed at the request of Dr. Gary McCaughan.
CONSENT CALENDAR
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and passed by the following vote to approve the Remainder of the Consent
Calendar:
Minutes: Adjourned Regular Meeting of March 12, 1985; and Regular
Meeting of March 12, 1985.
Rejection of Legal Claims: Ref. #710, Castillo and Nunez, et al; and
Ref. #714, Eulalia Gonzales.
General Warrants: #4143 - 4153; #4307 - 4467; #4474 - 4620:
$1,197,618.97.
Architectural Treatment to the Downey Historic Arch: Agreement with the
Historical Society for restoration and maintenance of the Arch.
Appeal, Zone Variance No. 372, 12842 Gneiss Avenue: Hearing set for
7:30 p.m., April 9, 1985, in the Council Chamber of Downey City Hall.
Apollo Park Ball Diamond Lighting Project: Reappropriate General
Revenue Sharing Funds to provide the 25 percent match of $4,475 and
authorize the expenditure of Roberti-Z'Berg Urban and Open -Space and
Recreation Program funds in the amount of $17,895 for purchase of
aluminum bleachers and backstop at Apollo Park.
Library Adult Literacy Program: Appropriate $3,115 for the purchase of
computer equipment.
RESOLUTION NO. 4551
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING
MAINTENANCE DISTRICT NO. A.D. 121 AND ORDERING THE
ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 85/04)
CHANEY AVENUE BETWEEN MULLER STREET AND GOTHAM STREET
RESOLUTION NO. 4552
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE ENGINEER'S REPORT FOR THE ADDITION TO
LIGHTING MAINTENANCE DISTRICT A.D. 121 OF ANNEXATION
85/04 - CHANEY AVENUE BETWEEN MULLER STREET AND GOTHAM STREET
RESOLUTION NO. 4553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO
THE LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN
AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES
ON THE STREETS AND PUBLIC PLACES (ANNEXATION 85/04 -
CHANEY AVENUE BETWEEN MULLER STREET AND GOTHAM STREET)
(Sets the hearing for April 23, 1985)
RESOLUTION NO. 4554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE
ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM
(Treasure Island Park - Site Improvements)
Council Minutes 3/26/85 -5-
RESOLUTION NO. 4555
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE
ROBERTI-Z'BERG OPEN -SPACE AND RECREATION PROGRAM
(Furman Park - Park Improvement)
RESOLUTION NO. 4556
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE COUNTY OF LOS ANGELES TO ISSUE MOVING
PERMITS FOR OVERWEIGHT, OVERWIDTH, AND OVERWEIGHT LOADS
FOR THE CITY OF DOWNEY AND RESCINDING RESOLUTION NO. 3662
AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb
Minutes, Adjourned Regular Meeting of March 15, 1985
Councilman Davila said he will abstain from voting on the Minutes because
he was not present at the close of the meeting.
It was moved by Councilwoman Boggs, seconded by Councilman Santangelo,
and passed by the following vote to approve the Minutes of Adjourned Regular
Meeting of March 15, 1985.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb
ABSTAIN: 1 Council Member: Davila
Councilwoman Boggs indicated she will abstain from voting on Rejection of
Legal Claim Ref. 1711 - Application for Late Claim of Automobile Club.
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and passed by the following vote to reject the Application for Late claim of
Automobile Club - Ref. #711.
AYES: 4 Council Members: Davila, Santangelo, Cormack, Barb
ABSTAIN: 1 Council Member: Boggs
Administrative Regulation - Emergency Procedures
Councilwoman Boggs said she is hesitant to approve an emergency adminis-
trative regulation without any "cap" and that there should be a maximum amount
whereby it would be necessary to come back to the Council for approval.
Mr. Ovrom indicated that setting an amount could create confusion for the
person overseeing the emergency wondering whether he had exceeded that amount.
He favors having a policy but not if an arbitrary amount is set.
Mayor Barb said he cannot imagine an instance when someone would not have
time to contact the Mayor, Mayor Pro Tem, or City Manager, to get approval.
Councilman Cormack mentioned the first thing that should be done is to
take precautionary action immediately regardless of the cost.
Councilman Davila feels the City Council would back-up any emergency
decision that had to be made for public safety, and it is the responsibility
of the Department Heads and people in charge to make the necessary judgment.
During discussion Chief Davis pointed out at the time of the emergency it
is not always known who the responsible party is, nor would the Fire, Police
or Public Works Departments want to be concerned about the cost to correct the
emergency situation.
It was moved by Councilman Santangelo, seconded by Councilman Davila, and
passed by unanimous vote to receive and file.
Lighting District Annexation 85/05 - Otto Street east of Pomering Road
and Pomering Road north and south of Otto Street
Dr. Gary McCaughan asked if the Engineer's Report is adopted whether it
can be modified when it comes back for hearing. There are some people on
Pomering who signed the petition but don't want street lights although they
have light posts.
Council Minutes 3/26/85 -6-
job
Mr. Ralph said staff would sit down with the property owners and try to
work out a solution.
RESOLUTION NO. 4557
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING
MAINTENANCE DISTRICT NO. A.D. 121 AND ORDERING THE ENGINEER
TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972 (ANNEXATION 85/05) OTTO STREET EAST OF
POMERING ROAD AND POMERING ROAD NORTH AND SOUTH OF OTTO STREET
The Resolution was read by title only. It was moved by Councilman
Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to
waive further reading and to adopt.
RESOLUTION NO. 4558
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING
MAINTENANCE DISTRICT A.D.121 OF ANNEXATION 85/05 - OTTO STREET
EAST OF POMERING ROAD AND SOUTH OF OTTO STREET
RESOLUTION NO. 4559
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE
LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND
FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON
THE STREETS AND PUBLIC PLACES (ANNEXATION 85/05 - OTTO
STREET EAST OF POMERING ROAD AND POMERING ROAD NORTH AND
SOUTH OF OTTO STREET) (Sets the hearing for April 23, 1985
The Resolutions were read by title only. It was moved by Councilman
Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to
waive further reading and to adopt.
ADMINISTRATIVE REPORT
Stop Sign Request - Guatemala Avenue at Lubec Street
Mr. Ralph explained this is a request from property owners that went to
the Traffic Committee, who heard the request, and it is the Committee's
recommendation, as well as staff, that this particular intersection does not
warrant a stop sign.
Neva Byram, 9813 Guatemala, speaking on behalf of 148 people and 25 home-
owners who signed a petition requesting stop signs at Guatemala and Suva, said
they feel the stop signs at that intersection would break the high rate of
speed which causes numerous accidents and endangers property and lives. She
commented on the 26 accidents which have been cited in that area, 23 of which
were from speeding or unsafe driving. She mentioned Guatemala is a collector
street for through traffic, as is Suva, and there are three stop signs on Suva
between Guatemala and Paramount Boulevard. Mrs. Byram remarked on the stop
signs at Coolgrove and Guatemala and Hondo and Richeon. She requested
approval of a stop sign at Guatemala and Lubec.
Mr. Richard Russell, 9759 Guatemala, commented on how he would be
affected by a stop sign placed in front of his home, causing him to lose 20
feet of parking preceding the stop sign, including his driveway. He has lived
in his home for three years, and has not witnessed one accident at this
intersection. Traffic is heavy between 4:00 and 6:00 in the evening, and at
his request a motorcycle officer patrolled the area through radar and issued
three citations in a little over one hour. Mr. Russell presented a petition
containing 21 signatures requesting the City to refrain from locating a stop
sign on Guatemala at Lubec.
Mr. Frank Flackman, 9753 Guatemala, also said his driveway would be
affected by a stop sign and that the stop sign would not be a benefit to the
City. He can recall only three accidents at this intersection, and any
speeding could be controlled by the Police. He is against the stop sign.
Council Minutes 3/26/85 -7-
1 �0 �
Lois Buchanan, 9651 Guatemala, expressed her opposition to the stop sign.
She noted traffic has increased on the street and that there have been a
number of accidents between Lubec and Suva. She feels attempts should be made
to eliminate the number of cars on the street rather than installing a stop
sign. She has suggested putting "no turn signals" during peak traffic hours
on Suva Street, which will be studied and requested other alternatives be con-
sidered before putting in a stop sign.
Mr. Joe Torres, 9721 Guatemala Street, commented on excessive speeding
along Guatemala and that two of his dogs were killed on the street.
Elaine Russell, 9759 Guatemala, concurs with the 25 mph speed limit on
the street and feels a stop sign would create more problems. She suggested
there be more law enforcement during the peak hours.
Mr. Wayne (inaudible), 9805 Guatemala, said the speeds are very fast and
people do not adhere to the 25 mph speed limit. He suggested a radar sign be
posted, which should cause traffic to slow down.
Mr. Joel Lubin, 7820 Allengrove, suggested moving the stop sign at
Coolgrove and placing it on the strip along Guatemala to slow traffic. The
street should be studied, but a stop sign is not the solution.
Councilwoman Boggs would like the Traffic Committee to take another look
at this because there definitely is a traffic problem, both in volume and in
speeding, and that a report be brought back to the Council.
Councilman Cormack concurs with sending this back to the Traffic
Committee with the instruction that something be done about controlling the
speed or eliminating turns during certain hours of the day.
Councilman Santangelo recommended the Police Department give this area
more attention.
Chief Martin explained that adding extra patrol is beneficial but is a
short-term answer to a long-term problem.
Mr. Ralph mentioned staff is looking at other means to slow and reduce
traffic on Guatemala.
It was moved by Councilman Davila and so ordered to continue this matter
until a report is brought back.
Mayor Barb declared a recess from 9:35 p.m, to 9:43 p.m. The meeting
resumed with all Council Members present.
ORAL COMMUNICATIONS - Items not on Agenda
Mr. John Gonzalez, 12350 Orizaba, said for the past month he has been
attending open houses in the City and has found code violations in each of the
houses. He has been unable to determine whether permits have been issued on
these properties and was under the impression the agenda would contain an item
on mandatory housing permits. It is time to take action against people doing
work without a permit and he will continue to attend open houses in the City
and keep a record so that he can inform the new owner to take action against
the real estate people and the seller of the house.
ORDINANCES
Following discussion, ijt was a concensus of the Council to wait and adopt
a Solicitation Ordinance that contains all the options and concerns.
ORDINANCE NO. 786
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING A MORATORIUM ON THE INSTALLATION OF SOLAR HEATING
SYSTEMS WHICH UTILIZE SOLAR COLLECTOR PANELS THAT ARE
VISABLE FROM THE STREET FRONTAGE OF THE PROPERTY PENDING
ESTABLISHMENT BY THE CITY OF ZONING REGULATIONS FOR SUCH
USE; SAID ORDINANCE TO BE ADOPTED AS AN URGENCY ORDINANCE
PURSUANT TO SECTION 511 OF THE DOWNEY MUNICIPAL CHARTER
AND SECTION 65858 OF THE GOVERNMENT CODE
Council Minutes 3/26/85 -8-
%S
The Ordinance was read in its entirety. It was moved by Councilman
Santangelo, seconded by Councilman Cormack, and passed by the following vote
to waive further reading and to adopt.
Responding to questions, Mr. Newton said he believes this Ordinance is
within the limitations of State Law.
Councilman Santangelo is concerned about the manner in which the solar
panels are to be screened because the screening could be worse in appearance
than the panels.
Mr. Yotsuya said attempts are made to architecturally blend with the
equipment that is being installed and to avoid placing it along the street
frontage. He did point out that some homes are oriented in such a fashion
that the only access to solar resources is through a street frontage, and to
screen them could reduce the efficiency of the panels. The expertise of the
Design Review Board will be solicited on this matter.
Mr. Newton said the Council could declare a policy that prior to issuance
of any building permit for installation of a solar system, which has panels
that could be visible from the street, that it be reviewed by staff and the
Design Review Board to determine if they are, in fact, screened from view.
Councilman Santangelo feels in the instance where the street frontage is
the only access to solar resources that the panels could be placed in the rear
yard rather than on the front slope of the roof.
AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb
There being no objections, it was so ordered to establish a policy that
staff and the Design Review Board review the solar panel installations.
ORDINANCE NO. 787
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE III, CHAPTER 3, SECTION 3337, RELATING
TO FIREWORKS SALES PERMITS
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 adopt.
Councilwoman Boggs expressed regret that the sena.or citizen-or-ganrzatien
was the one that lost out on the drawing, and wondered if there is any way to
add one more this year.
Mayor Barb explained the reason the one-time exception was made last year
was because the ones left out previously had fireworks stands and inventory
left over. In the future, that kind of problem should not occur.
Councilman Davila said the sale of fireworks is a source of funds for
some good organizations, and he does not want to see someone prevented from
raising funds. He also does not see a reason for setting a limit.
Mr. Ovrom pointed out if there was not a limit on the number of fireworks
stands then none would make enough money to justify being in existence. Also,
there are certain inspection requirements of the City, so it is felt there
should be a limit.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb
NOES: 1 Council Member: Davila
Councilman Davila clarified for the record that his "no" vote was because
he feels the Ordinance is discriminatory.
Mayor Barb expressed concern that last year some of the organizations
were predomimately made up of people outside the City and whether the guide-
lines have been changed.
Chief Davis explained the same guidelines are being used, but that in the
instance referred to last year, the organization dropped out prior to finali-
zation of the permits. Staff has done some close checking this year, and all
the applications involve firm organizations and legitimate applicants.
Council Minutes 3/26/85 -9-
q?d(
ORDINANCE NO. 788
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING
ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE, BY ADDING
SECTION 8800 - PERTAINING TO SEISMIC REGULATIONS
The Ordinance was read by title only. It was moved by Councilman
Cormack, seconded by Councilwoman Boggs, and passed by the following vote to
waive further reading and to adopt.
Councilman Santangelo asked if the Ordinance gives the Building Division
the ability to look at a pre-1957 building and tell the owner that if he does
not make necessary corrections he has to remove it.
Mr. Ovrom replied the Ordinance would place seismic regulations under the
City's control rather than being pre-empted by the State.
Mr. Gill and also mentioned the intent is not to see how many buildings
need to be demolished but to inspect them for unreinforced masonry. He
commented on the procedure that would be followed for abatement of dangerous
buildings and responded to further questions.
AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb
RESOLUTIONS
RESOLUTION NO. 4560
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF EL MONTE, THE CITY OF DOWNEY, AND
THE CITY OF SAN JACINTO CREATING THE EL MONTE-DOWNEY-SAN
JACINTO HOUSING FINANCE AGENCY
The Resolution was read by title only. It was moved by Councilman
Cormack, seconded by Councilwoman Boggs, and passed by unanimous vote to waive
further reading and to adopt.
It was moved by Councilman Santangelo, seconded by Councilwoman Boggs,
and so ordered to appoint Councilman Cormack as delegate.
ADMINISTRATIVE REPORTS
Destruction of Police Internal Investigation Records
It was moved by Councilman Davila and seconded by Councilwoman Boggs to
direct the City Attorney to prepare a resolution prohibiting destruction of
Police records.
Mr. Ovrom stated staff strongly recommends against the motion.
Councilwoman Boggs favors saving records but is concerned about defense
attorneys who are now able to subpoena records five years or older and use
them in defense of their clients.
Chief Martin commented that the records were originally used for criminal
or civil matters for resisting arrest only, but the rules change almost daily
depending on what a judge will allow. An officer's file can contain founded
and unfounded reports. Also, the law on the length of time for maintaining
records changes almost daily, and he feels there are two reasons to not keep
records longer than required: First, he cannot see a possible benefit to keep
them longer than five years; and second, there can be a lot of liabilty. As
to the disciplinary issue, he feels a new Police Chief would want to evaluate
a person for what he is now and not what he was ten or fifteen years ago.
When the records are removed from the file they go to the officer so he knows
they came out of the file. He responded to questions.
Councilman Davila expressed his views against destroying the records.
Mr. Ovrom pointed out that in January 1984, the Council reaffirmed the
policy with Councilman Davila voting yes. Staff would like to keep the
current procedure in place unless there is a significant reason to change it.
Council Minutes 3/26/85 -10-
%a
Councilman Santangelo said a Council Member has a right to change his
mind on how he previously voted on an issue.
AYES: 2 Council Members: Davila, Santangelo
NOES: 3 Council Members:Boggs, Cormack, Barb
Failed.
Revised Edition of the Model City Charter
It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and
passed by the following vote to appropriate $835 from the Unencumbered General
Fund Reserve to join the Citizens Forum on Self Government, National Municipal
League, Inc.
AYES: Council Members: Davila, Cormack, Boggs
NOES: Council Members: Santangelo, Barb
ORAL COMMUNICATIONS - Staff Members: None
ORAL COMMUNICATIONS - Audience: None
ORAL COMMUNICATIONS - City Council
Councilman Santangelo questioned the setback of the new Jack in the Box
on Lakewood and Florence, which is not in continuity with the adjacent stores,
that were built long before the Jack in the Box.
Mr. Yoshiki responded that the request for Jack in the Box went to both
the Planning Commission and Design Review Board.
Mayor Barb requested a copy of all the paperwork, including any future
actions. He would like to appeal this to the Council.
Councilman Santangelo inquired regarding the Insurance Certificate for
the Downey Community Hospital.
Mr. Powell said he has not received it as yet and will follow-up.
Councilman Santagenlo requested staff to keep the Council informed on
this matter.
Councilman Santangelo asked if the 20-minute parking at the Theatre has
been installed.
Mr. Ralph said he would check into it and noted that two or three stalls
will be assigned at the immediate end of the parking lot.
Councilman Santangelo inquired regarding plans for Landscaping for the
Chamber of Commerce and City Library that was included as part of the Hotel
project and suggested the Hotel be contacted on this matter.
Mr. Ralph replied that the preliminary plans submitted were sent back to
the Hotel because they did not include landscaping.
Mayor Barb mentioned the Civic Light Opera has suffered some major
monetary losses because the Hotel is still under construction, and he
suggested the Hotel reimburse organizations that are being hurt by them not
staying on schedule.
Councilman Santangelo recommended the City do the landscaping and bill
the Hotel. He requested the Hotel be contacted and a report brought back next
meeting.
Councilman Cormack commented on receipt of a letter from a property owner
about a weed problem on property north of the Freeway on Pico Vista Road.
Mayor Barb mentioned he contacted the property owner. Also, Mr. Ralph
has indicated he would be contacting Caltrans and the Flood Control District
to determine who owns the property.
Councilwoman Boggs asked Mr. Ralph to check drainage on the east side of
Woodruff Avenue south of Imperial Highway, which is flooded when it rains.
Council Minutes 3/26/85 -11-
176 k
Councilwoman Boggs also inquired regarding status of the Council
portraits. The response was the frames have been ordered.
Councilwoman Boggs asked about the Firestone Demonstration Project.
Mr. Wager said staff is meeting with four property owners on April 1st to
review the project. Some of the merchants have submitted credit applications
seeking preliminary loan approval.
Councilwoman Boggs inquired about the possibility of passing an Ordinance
preventing the parking of boats on private roads.
Chief Martin explained that although the police are not allowed to
enforce Municipal or Vehicle Codes on private streets, this can be resolved by
either the Council taking notice that it is a private street open to the
public, which would allow the codes to be enforced by passing a resolution;
or, a simple majority of the property owners could present a petition request-
ing the enforcement of Code violations. There is currently an ordinance which
does not allow an unattached trailer to be parked on the street.
Councilwoman Boggs said she will attempt to have a meeting with the
property owners and come back in two weeks.
Councilman Santangelo noted the potholes on Valdina Drive, which is a
private street.
Councilwoman Boggs then asked about passing an Ordinance on illegal
dumping of hazardous waste and imposing a large fine. .
Mr. Newton said a recommended penalty can be established; an ordinance
could be adopted declaring the activity a violation and then request the court
to establish a bail for that offense. He will report back on this matter.
Councilwoman Boggs mentioned attending the Southeast Area Mayors and
Council Members Dinner hosted by the City of South Gate, who presented a
program on code enforcement. She feels Downey's code enforcement program
could be more stringent, particularly with regard to garage conversions, and
suggested checking into South Gate's program.
Mr. Ovrom said this could be discussed at budget time, noting that a
decision would have to be made on funding to increase code enforcement.
Mayor Barb questioned whether Building Inspectors look for code viola-
tions or whether they just act on complaint.
Councilwoman Boggs mentioned that last year she walked one-fourth of the
City in less than eight weeks, and she sees no reason why the City can't be
surveyed on a block -by -block basis.
The Council set 4:00 p.m., April 22, 1985, for a meeting to discuss
salary negotiations.
Councilman Davila requested he be excused from the meeting.
ADJOURNMENT: 11:02 p.m.
The meeting was adjourned to 6:30 p.m., April 9, 1985, in the Council
Chamber of the Downey City Hall, to discuss pending 1ation.
rRoe4rtgand,4tyCle_rT_-T_reasurer Ran all R. Barb, Maydr
Council Minutes 3/26/85 -12-