HomeMy WebLinkAboutMinutes-04-09-85-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 9, 1985
TABLE OF MINUTE ACTIONS
SUBJECT ACTION
Proclamation in Remembrance of Victims of Holocaust
Proclamations honoring Corporate Sponsors and
American Red Cross Health Fair
Proclamation honoring National Library Week
Proclamation re Earthquake Preparedness Week
n •nr un
Appeal, Zone Variance #372,12842 Gneiss Av. Hearing cont'd. to 4/23
Removal of Items from Consent Calendar
Minutes: Adj. Reg. Mtg., March 26, 1985 Approved
Rejection of Legal Claim: Ref. #712, State
Farm/Carlson Approved
CC #523, Tree Trimming - Various Locations: Auth.
use of addl. funds & accept tree trimming work Approved
General Warrants: #4468 - 4773
#4474 - 4975 Approved
Appeal, Zone Variance #374, 10037 Lakewood B1. Hrg. set for 4/23/85
Rev. Sharing Budget for 1984-85 Fiscal Year Hrg, set for 4/23/85
Downey Chamber of Comm.: 1985-86 Budget Request Referred to staff
Downey Citizens Charter Rev. Comm.: Req. to have
future meetings tape recorded for public
1
1
1
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2
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r.
2
2
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documentation purposes Approved 2
DMC Amendment re Political Signs Hrg. set for 4/23/85 3
Minutes: Reg. Mtg., March 26, 1985 Approved as corrected 3
Zone Change #220, 8312 Iowa St. Hrg, set for 4/23/85
Ord. 742 re ambulances in HM Zone
Res. re Increase of State Gas Tax - SB 290
John Gonzalez re tapes of Council Meetings &
obtaining building permits
Richard Jennings re enforcement & enterpretation
of Bingo Ord.
Cn. Santangelo req. Agenda Item V-D be changed to
read "Earthquake Preparedness Week'
Ord. #789, re Gasoline Service Stations &
Combined Stations/Convenience Markets
Ord. #790, re Withdrawal of Applications or
Appeals for Variances, CUP'S & Zone Changes
Rio Hondo Golf Course Study
to be cont'd. for hrg.
on Ord. 742 3
Ref. to Planning Comm.
for possible modificatn. 3
Tabled 3
So ordered
Adopted
Adopted
Cont'd. to 1st meeting
in May
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Page 1 of 2
COUNCIL MINUTES, APRIL 9, 1985
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
SS Proj. #374, Brookshire Av. Resurfacing -
Everest to Alameda: Award contract Approved 5
CC #SS-361, Studebaker Rd./Florence Av.: Program
Suppl. #17 to Master FAU Agreement Approved 5
Res. #4561, Apprvg. Program Suppl. #17 to
City/State Agmt. #07-5334 for Const. of Street
Imprvmts. re Federal -Aid for Urban Systems Act Adopted 5
CC #SS-361, Studebaker Rd./Florence Av.: Plans,
specs & auth. to advertise f/bids Approved 6
Proposed Long Beach Freeway Off -Ramp at Southern
Av. (Stewart & Gray Rd.) Denied 6
Theatre Concession Financial Impact Report:
Approve as submitted & deny sale of alcoholic
beverages in Theatre Approved 6
Expansion of Senior Citizen/Handicapped
Transit Service Tabled 7
Lennie Whittington re conduct of Charter Review
Committee meetings 7
Cn. Santangelo re status of 20-min, parking
zone at Theatre 7
Cn. Santangelo re smut in newspaper racks Ref. to City Attorney .7
Cn. Cormack re status of alley between Seventh
and Harper Streets 8
Cn. Boggs re Ord. prohibiting parking of boats &
campers on private streets Ref. to staff 8
Mayor Pro Tem Davila re Code violations on number
of pigeons on property 8
Mayor Pro Tem Davila re increase in graffiti 8
Meeting adjourned to 4:00 p.m., April 22, 1985,
for discussion re salary negotiations 8
Page 2 of 2
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 9, 1985
The City Council of the City of Downey held a regular meeting at 7:30
p.m., April 9, 1985, in the Council Chamber of the Downey City Hall,.Mayor Pro
Tem Bob Davila presiding.
PRESENT: Council Members:
Bob Davila Mayor Pro Tem
Diane P. Boggs
James S. Santangelo
Robert G. Cormack
ABSENT: Randall R. Barb Mayor (excused)
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
Ronald Yoshiki, Acting City Planner
Scot Yotsuya, Assistant to the City Manager
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
INVOCATION AND FLAG SALUTE
The Invocation was delivered by Reverend Steve Isenman, United Methodist
Church. The Flag Salute was led by Councilman Cormack.
PRESENTATIONS
Mayor Pro Tem Davila presented to Dorothy Levin, on behalf of the Temple
N'er Tamid of Downey, a Proclamation in Remembrance of Victims of the
Holocaust.
Mayor Pro Tem Davila presented Proclamations honoring Corporate Sponsors
and American Red Cross Health Fair to Pete Moraga, KNBC; Michael Pfeiffer,
Hospital Council of Southern California; Allen Swanson, Chevron USA; and Doris
Ray, American Red Cross. Each of the recipients commented on the upcoming
Health Fair. Also in attendance were Red Cross volunteers Hazel Unger and
Bill Ray.
Mayor Pro Tem Davila presented a Proclamation honoring National Library
Week to Victoria Jenkins, Downey City Librarian. Mrs. Jenkins invited every-
one to attend the Library open house next week, including celebration of the
grand opening of Reading Education for Adults in Downey Program.
Mayor Pro Tem Davila presented to Fire Chief Davis a Proclamation on
Earthquake Preparedness Week.
Chief Davis then commented on the earthquake preparedness material
presented to the Council and showed a 25-minute video of a seminar conducted
in Santa Fe Springs.
HEARINGS
Mayor Pro Tem Davila opened the hearing on Appeal to Zone Variance No.
372, 12842 Gneiss Avenue. He inquired if the City Clerk had the Proof of
Publication, and the response was yes.
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and so ordered to receive and file the Proof.
Mr. Cutts said the zone variance was approved by the Planning Commission
and appealed by the City Council. He reported on the request to establish a
Council Minutes 4/9/85 -1-
two-story single family dwelling with an attached two -car garage with certain
modifications on property 25 feet wide by 60 feet deep, which is a 1500 square
foot lot. Under normal circumstances it would be considered a sub -standard
size lot except that it was created prior to the City's incorporation. He
mentioned the Planning Commission approved a similar zone variance in 1978 but
the variance was not exercised, so it was necessary to resubmit the request.
He commented on the proposed dwelling to be constructed and said the variance
would allow for reduction in the required front yard setback from 20 feet to
10 feet; a reduction in the required side yard setback from four feet to one
foot; and reduction in the required rear yard setback from 20 feet to five
feet. Concern was raised at the Commission hearing that the property is
principally surrounded by one-story single family residential and that re-
duction of the front yard setback would not allow for unloading or loading of
vehicles in the front yard area. Also there was discussion regarding creating
a sub -standard size property but that the dwelling would be an improvement
over what is there. Mr. Cutts commented on the surrounding area, its
development, and narrated a slide presentation.
Mayor Pro Tem Davila inquired if the City Clerk had received any
correspondence, and the response was no.
Mayor Pro Tem Davila asked the applicant to come forward and present his
case. The applicant was not present.
It was moved by Councilwoman Boggs, seconded by Councilman Santangelo,
and so ordered to continue the hearing to 7:30 p.m., April 23, 1985, in the
Council Chamber of Downey City Hall.
Councilwoman Boggs requested before the continued hearing in two weeks
for staff to thoroughly review the area and whether the City should continue
to perpetuate the use 25-foot lots above Code.
Councilman Santangelo asked if Jervis Realty is the owner or representing
the owner, and Mr. Cutts replied Jervis Realty.is the owner.
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Items VIII-F-6, Zone Change Case No. 220, 8312 Iowa Street; and
VIII-G-1, Resolution concerning Gas Tax Increase for Local Government, were
removed at the request of Councilman Santangelo.
Agenda Item VIII-A-2, Minutes of Regular Meeting of March 26, 1985, was
removed at the request of Councilwoman Boggs.
CONSENT CALENDAR
It was moved by Councilman Cormack, seconded by Councilman Santangelo,
and passed by the following vote to approve the Remainder of the Consent
Calendar:
Minutes: Adjourned Regular Meeting of March 26, 1985.
Rejection of Legal Claim: Ref. #712, State Farm Insurance/Kenneth
Carlson.
Cash Contract No. 523, Tree Trimming - Various Locations: Authorize
use of additional funds in the amount of $193.00 from Public Works
Operational Account No. 10-4-3140, and accept tree trimming work.
General Warrants: #4468 - 4773; #4774 - 4975: $1,296,643.79.
Appeal, Zone Variance No. 374, 10037 Lakewood Boulevard: Hearing set
for 7:30 p.m., April 23, 1985, in Council Chamber of Downey City Hall.
Revenue Sharing Budget for 1984-85 Fiscal Year: Hearing set for 7:30
p.m., April 23, 1985, in Council Chamber of Downey City Hall.
Downey Chamber of Commerce: 1985-86 Budget Request (referred to staff).
Downey Citizens Charter Review Committee: Request to have future meet-
ings tape recorded for public documentation purposes.
Council Minutes 4/9/85
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Downey Municipal Code Amendment regarding Political Signs: Hearing set
for 7:30 p.m., April 23, 1985, in Council Chamber of Downey City Hall.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
Minutes: Regular Meeting of March 26, 1985
Councilwoman Boggs said on Page 9, under Ordinance 787, second paragraph,
"senior citizen organization" should be corrected to read "Association for
Retarded Citizens."
It was moved by Councilwoman Boggs, seconded by Councilman Santangelo,
and passed by the following vote to approve the Minutes as corrected.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
Zone Change Case No. 220, 8312 Iowa Street
Mayor Pro Tem Davila said when this item was sent back to Planning for
reconsideration it was his understanding it included Ordinance 742, which
allows ambulances to operate in the HM zone.
Mr. Cutts explained staff understood it was to study only the zone
change.
It was moved by Mayor Pro Tem Davila to set a hearing on Zone Change Case
No. 220 for 7:30 p.m., April 23, 1985, in the Council Chamber of the Downey
City Hall. He requested that Ordinance 742 be sent to the Planning Commission
for hearing and brought back to the Council to be heard at the same time as
Zone Change 220.
Mr. Newton indicated that the April 23rd hearing on Zone Change 220 can
be continued until after the Planning Commission conducts the hearing on
Ordinance 742, so that both hearings can be conducted by the Council at the
same time.
The motion to set the hearing for April 23, 1985, was seconded by
Councilwoman Boggs and passed by the following vote.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
It was moved by Mayor Pro Tem Davila, seconded by Councilwoman Boggs, and
passed by the following vote that Ordinance 742 be referred back to the
Planning Commission for consideration of modification of the Ordinance.
During discussion, Mayor Pro Tem Davila explained the reason for sending
the Ordinance back to the Commission is to not allow ambulances to operate in
the HM zone because of residences in that area.
AYES: 3 Council Members: Santangelo, Boggs, Davila
NOES: 1 Council Member: Cormack
ABSENT: 1 Council Member: Barb
Resolution concerning Increase of State Gas Tax - SB 290
Councilman Santangelo said there is nothing in the information received
on Senate Bill 290 to indicate the Council should favorably vote on passage of
the bill to allow five cents per gallon increase in the cost of gasoline.
Until more information is received, he would request the resolution not be
approved. He noted Legislation talks about surplus in State moneys but not
how much it will be.
It was moved by Councilman Santangelo and seconded by Councilwoman Boggs
to reject the Resolution as presented. (See motion to table.)
Councilwoman Boggs wondered if the Senate Bill would be replacing funds
that were not utilized properly during the previous administration. She pre-
ferred the Resolution be brought back in two weeks rather than to deny it.
Council Minutes 4/9/85 -3-
17g13
It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and
passed by the following vote to place this item on the table.
The previous motion and second were withdrawn.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
When Councilman Santangelo requested further information be provided by
the League of California Cities, Mr. Ovrom said staff would have no objection
to tabling this matter until budget study sessions when it will be known what
the City's position is with regard to subsidizing street maintenance out of
the General Fund.
ORAL COMMUNICATIONS - Items not on Agenda
Mr. John Gonzalez, 12350 Orizaba, mentioned that on three occasions his
his conversation was not recorded on tapes of Council Meetings and that he had
been informed it was due to technical difficulty. He commented on receipt of
a letter from the City Manager informing him that a property owner canae-t
obtain a complete building permit on commercial property. Mr. Gonzalez cited
complaints concerning property at 10802 Downey Avenue and requested this be
checked out for proper permits.
Mr. Newton will review the letter and report back next meeting.
Mr. Richard M. Jennings, 7435 Stewart & Gray Road, former Mayor and
Council Member, said the Bingo Ordinance is in effect and that organizations
must be non -charitable in order to receive proceeds from bingo. He noted that
bingo games are conducted at Downey and Warren High Schools and the proceeds
go toward transporting students to athletic events and to purchase athletic
equipment. He said schools are not charitable organizations.
Mr. Newton responded that he has researched this question, and it is his
opinion, after reviewing State Law, that school activities fall within the
broad terms of charitable organization activities and within the purview of
State Law.
The City Attorney was requested to bring back a further report.
Councilwoman Boggs stated for the record that she has no objection to the
athletic departments of schools equipping and busing students with money
raised by bingo.
Councilman Santangelo said Agenda Item V-D reads "Emergency Preparedness
Week" but the Proclamation was for "Earthquake Preparedness Week." He
requested the Agenda be changed to reflect the proper name.
Councilwoman Boggs took exception to the request because the video pre-
sentation mentioned that if a person is prepared for an earthquake he would be
prepared for other emergencies:
It was so ordered to change the Agenda as requested.
Mayor Pro Tem Davila declared a recess from 9:12 p.m. to 9:27 p.m. The
meeting resumed with Council Members Santangelo, Boggs, Cormack, Davila
present; Mayor Barb absent.
ORDINANCES
ORDINANCE NO. 789
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 the following vote
to waive further reading and to adopt.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
i
Council Minutes 4/9/85 -4-
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ORDINANCE NO. 790
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING 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
Cormack, seconded by Councilwoman Boggs, and passed by the following vote to
waive further reading and to adopt.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and passed by the following vote that the Rio Hondo Golf Course Study be
continued to the first meeting in May.
Councilwoman Boggs requested a study of plans for future operation of the
Golf Course and to use expertise offered by the County. She would like infor-
mation on what the City did before the Golf Course was sent out to bid.
Councilman Cormack concurred with taking advantage of the information
that could be provided by the County at no charge before going further with an
expenditure for a study.
Councilman Santangelo would like staff to do some research on possible
restrictive covenants when the City acquired the Golf Course from Mr. Stamps.
He also requested the Council be provided with information regarding actual
income of the Golf Course, to date, the expenses, and all financial data to
help the Council make a decision on whether the Course should be operated by
employees of the City or whether it should be placed out to bid for contract.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
It was moved by Councilman Santangelo, seconded by Councilwoman Boggs,
and passed by the following vote to award a unit price contract totaling
$67,000.70 to Vernon Paving for construction of street improvements under
S.S. Project No. 374, Brookshire Avenue Resurfacing - Everest Street to
Alameda Street (Account No. 26-16374).
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and passed by the following vote to approve Program Supplement No. 17 to the
Master FAU Agreement on Cash Contract No. SS-361, Studebaker Rd./Florence Av.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
RESOLUTION NO. 4561
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING PROGRAM SUPPLEMENT NO. 17 TO THE CITY OF
DOWNEY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION
OF STREET IMPROVEMENTS PURSUANT TO THE FEDERAL -AID FOR
URBAN SYSTEMS ACT
The Resolution 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.
AYES: 4 Council Members:
ABSENT: 1 Council Member:
Santangelo, Boggs, Cormack, Davila
Barb
Council Minutes 4/9/85 -5-
It was moved by Councilman Santangelo, seconded by Councilwoman Boggs,
and passed by the following vote to approve plans, specifications, and grant
authority to advertise for bids on Cash Contract No. SS-361, Studebaker
Road/Florence Avenue.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
Proposed Long Beach Freeway Off -Ramp at Southern Av. (Stewart & Gray Rd.)
Mr. Ralph said after hearing information presented by the City of South
Gate, the Traffic Committee unanimously recommended support of this project.
It was moved by Councilman Cormack, seconded by Councilman Santangelo,
and passed by the following vote to deny the request.
Councilman Cormack cannot see opening Stewart & Gray Road, a residential
street, into a main thoroughfare across town. He does not feel this will be
anasset to the City of Downey and would like to know why Downey needs the
off -ramp opened.
Mr. Ralph said South Gate has a problem at the Firestone Boulevard
offramp, and that the proposed off -ramp would accommodate truck traffic exit-
ing and going east on Firestone to turn north on Garfield. He mentioned
South Gate had this studied by a traffic engineer, who estimated that actual
smaller truck traffic on Stewart & Gray Road would increase by approximately
three vehicles per hour during peak hours, and vehicular traffic should
increase only around 38 vehicles per hour during peak hours.
Councilwoman Boggs said it should be determined whether traffic will be
increased on Stewart & Gray or whether vehicles getting off the Freeway will
be going north or south on Garfield.
Mr. Victor Rollinger, Director of Public Works/City Engineer for South
Gate, commented on the results of a traffic study conducted for the Cities of
South Gate and Downey and benefits of the proposed off -ramp. South Gate has
offered to increase enforcement if it is desirable to Downey. Many solutions
have been considered to the traffic congestion at Firestone and Garfield, one
of which is an off -ramp on Southern Avenue to free -up congestion for north-
bound and southbound traffic on Garfield Avenue. It has also been determined
that almost no traffic will continue to where Stewart & Gray intersects with
Firestone. So it has been concluded that most of the traffic on Stewart &
Gray will be Downey's own traffic. South Gate is willing to fund 50 percent
of the project.
Councilman Santangelo pointed out that many people exit the freeway and
travel to cities beyond Downey, and he is concerned about routing more traffic
through a residential area along Stewart & Gray.
During discussion, Mr. Rollinger responded to questions and commented
further on the proposed project.
When asked whether South Gate would have the capability of going forward
if Downey votes against this project, Mr. Rollinger replied it would be
difficult to convince the County to support the project.
Eleanor Lindenfeld, 8846 Manzanar, commented on the amount of traffic
coming east along Stewart & Gray and said she would not like to see additional
traffic on the street. She also mentioned that her home on Manzanar was
affected by the off -ramp on the Santa Ana Freeway and Lakewood.
Phyllis Reitzel, 7142 Stewart & Gray, commented regarding traffic on her
street and expressed opposition to the freeway off -ramp.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
It was moved by Councilwoman Boggs, seconded by Councilman Santangelo,
and passed by the following vote to approve the Theatre Concession Financial
Impact Report as submitted by staff and deny the sale of alcoholic beverages
in the Theatre.
Council Minutes 4/9/85 -6-
7�7/�,
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
It was moved by Councilman Cormack and seconded by Councilwoman Boggs to
approve Expansion of Senior Citizen/Handicapped Transit Service and authorize
funds in the amount of $85,500 from Prop A funds for the purchase of two mini-
buses. (See later motion to table.)
Councilwoman Boggs indicated she is not ready to vote on this matter and
requested further information including a breakdown of what personnel consists
of and the operating costs. She said it is proposed to lower the minimum age
from 60 to 50 years for senior citizens, and she also mentioned that several
weeks ago she had asked that consideration be given to utilizing empty school
buses for possible transportation needs.
It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and
passed by the fiollowing vote to table.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
ORAL COMMUNICATIONS - Staff Members: None
ORAL COMMUNICATIONS - Audience
Mr. Lennie Whittington, 8542 Manatee, referred to the Charter Review
Committee and said it is in violation of the Attorney General's opinion and
against the Brown Act to require a person to sign in with his name and address
and what he wishes to speak about prior to being allowed to address the
Committee.
Councilman Cormack pointed out the Committee was formed to study the
Charter. The Committee should not be forced into a community meeting, and if
they want input they should ask for it.
Mr. Newton explained he gave an opinion to staff for the Charter Review
Committee that, in his opinion, the Committee is not required to hold audience
participation in connection with its meetings. But if audience participation
is allowed, in his opinion, the Committee may not require registration for
signing in as a condition of allowing audience participation.
Mr. Whittington concurred with Mr. Newton on this issue.
ORAL COMMUNICATIONS - City Council
Councilman Santangelo inquired regarding status of the 20-minute
parking zone at the Theatre.
Mr. Ralph replied the lot has been signed and enforcement will begin on
Thursday.
Councilman Santangelo expressed concern regarding smut in a newspaper
rack in front of the Downey Post Office and requested the City Attorney to
come back with a solution to the problem.
Councilman Cormack said it is time Downey forbid objectionable publica-
tions from being on the streets.
Mayor Pro Tem Davila recommended including stores that sell magazines.
Councilwoman Boggs asked if there is a regulation dealing with the
protection of children.
Mr. Newton explained this approach has been attempted in a number of
jurisdictions, and to his knowledge, all of them have been unsuccessful. He
then indicated he will provide a current report advising the Council what the
chances would be if the City attempted to regulate contents of publications
sold on the street. He noted the State Legislature does not have the power to
regulate, under the Federal Constitution, contents of publications, whereas
they do have the power to regulate drug paraphernalia.
Council Minutes 4/9/85 -7-
Councilwoman Boggs requested something be prepared to protect young people
from viewing the material and still be in compliance with the First Amendment.
When asked if there is any law which says the glass in the newspaper rack
has to be clear, Mr. Newton said there has been a case on this and he will
include that in his report.
Councilman Cormack inquired regarding status of the alley between Seventh
and Harper Streets.
Mr. Ralph replied that alley was not one of the highest priorities.
There is a proposal to do three alleys in that area, ane this alley did not
appear to be as bad as the other three. Staff will look at it again.
Councilwoman Boggs asked about drafting an ordinance prohibiting the
parking of boats and campers on private streets. She specifically referred to
a street in her district and asked that something be brought back.
Chief Martin indicated staff will bring back an ordinance that could be
enacted in a given situation. It would be done on a street -by -street basis.
The Council could determine it is a private street that is open to the public.
Mr. Newton advised if the street is used as a public street, the Council
can adopt regulations that apply to use of the street. However, that power
does not exist if an owner causes to be erected a notice that is visible dur-
ing daylight hours from a distance of 100 feet stating the road is privately
owned and maintained and is not subject to traffic regulations or control.
Before an ordinance is adopted, a public hearing must be held.
Mayor Pro Tem Davila commented on continual problems with violations of
the Code concerning the number of animals and pigeons on property. He has
asked the City Attorney what can be done to make it easier to obtain permis-
sion to inspect private property and was informed it might be possible to
require a permit to keep pigeons, which would be subject to inspection. He
requested the City Attorney be authorized to come back with an ordinance or
resolution requiring a permit for keeping animals on property.
Mr. Newton explained that keeping up to five pigeons is a permitted use
in the R-1 zone without any special permit. An inspection requirement would
have to relate to all R-1 uses in the City, which he does not think the City
can do. However, if there is a special permit procedure which conditioned the
issuance of a permit on a requirement that the property be subject to inspec-
tion, then the inspection requirement would only relate to homes or residences
where the permit has been issued.
Questions were raised on inspections of property without search warrants.
Mr. Newton said that if a permit is issued for pigeons it can be subject
to inspection on an un-announced basis.
Mayor Pro Tem Davila commented regarding the increase in graffiti,
especially on the wall at the Southeast News, and he wondered if schools have
reported an increase of grafitti.
Mr. Ovrom said he has not received any complaints, and he cited graffiti
removal in the parks.
Councilman Santangelo suggested outlawing spray cans in Downey.
Mr. Cutts mentioned a request is in the next budget for an appropriation
to do something about graffiti. Keep Downey Beautiful has been discussing
this matter and various possibilities.
ADJOURNMENT: 10:50 p.m.
The meeting was adjourned to 4:00 p.m., April 22, 1985, in the Council
Chamber of Downey City Hall for discussion on salary negotiations O
R er* LL, han ity Clerk -Treasurer Bob Davila, Mayor Pro Tem
Council Minutes 4/9/85 -8-