Loading...
HomeMy WebLinkAboutMinutes-04-23-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 23, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION Proclamation - National Day of Prayer Proclamation - Older Americans Month Proclamation - Keep America Beautiful Proclamation - Week of the Young Child Proclamation - Deaf Awareness Month Proclamation - Poppy Day in Downey Proclamation - Private Property Week Appeal, Zone Variance #372, 12842 Gneiss Av. Res. #4562, Denying Zone Variance #374, 10037 Lakewood B1. Revenue Sharing Budget - Apollo Park Ball Diamond Project: Appropriation Res. #4563, Ord. Annex. into Ltg. Maint. Dist. AD 121 (Annex. 85/04 - Chaney Av.) Res. Ord. Annex. into Ltg. Maint. Dist. AD 121 (Annex. 85/05 - Otto St.) Res. Denying Amndmt. to DMC re Political Signs Hearing on Zone Change #220, 8312 Iowa St. Proclamation - National Youth Week Removal of Items from Consent Calendar Minutes: Adj. Reg. Mtg., April 9, 1985; & Reg. Mtg., April 9, 1985 Legal Claims for Rejection: Ref. #695, Downey Unified School Dist.; & Ref. #715, Great American West/Debbie Saucedo CC #SS-372/392, Citywide Street Resurfacing: Accept pavement resurfacing & reconstruction & responsibility for maintenance CC #524, Sidewalk Const. - Verdura, Barlin & Blodgett, Golden to Gardendale: Award contract & transfer addl. funds CC #SS-395,Florence Av., et al - Stamped Con- crete & Sidewalk: Plans & specs & auth. to adv. Donation of Portable Generator: Auth. staff to give Fire Dept's. army suplus generator to Downey Amateur Radio Club General Warrants: #4976 - 5280 Approved Downey's Drop -In Center - Citizen Recognition: Place plaque in honor of Signe Van Hoeven's contribtions to City & Senior Citizens PAGE NO. 1 1 1 1 1 Hrg. cont'd. to 5/14/85 Adopted Approved Adopted Denied Tabled Cont'd. to 5/28/85 Approved Approved Approved Approved Approved Approved Approved Approved 1 1 1 3 4 4 5 5 5 6 6 [l R ri 31 10 Page 1 of 3 COUNCIL MINUTES, APRIL 23, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT One -Year ContractRenewal - Fire Protection Engineer: Maintain current contract rate Amndmt. to DMC re Tow Trucks in Commercial Zones Revised Crime Statistics Gen. Plan Amndmt. 85-2 & Zone Change #219, 9174 Serapis Av. Crosswalk Req. - 11531 Downey Av. (YMCA) Res. #4564, Adopting Cooperative Agmt. bet. County & City 1984-85 Audit: Apptmt. of Independent Auditor Gen. Plan Amndmt. 85-1, Rancho Los Amigos Ppty. Zone Change #221, Lexington Rd. Properties Res. #4565, Supporting & Recommending Amndmt. of Insurance Code, etc., re Punitive Damages ACTION Appeared PAGE NO. n Hearing set for 5/14/85 6 Received and filed 6 Hrg. set for 5/14/85 Not approved Adopted Approved Hrg. set for 5/28/85 Hrg. set for 5/14/85 Adopted Res. #4566, adopting Conflict of Interest Codes & rescinding Res. #3804 Adopted John Gonzalez re Church home for unwed mothers & their children located on Priscilla Av. R 7 7 7 7 7 7 9 9 Ord. amending DMC re Solicitors & Peddlers Ref. back to City Atty. for revision 9 Res. #4567, Est. 2-6am Parking Restriction E/s Woodruff from Stewart & Gray Sly. 375' S/o Stewart & Gray Rd., Est. 2-hr. Restr. 7am-6pm E/s Woodruff.from point 375' S/o Stewart & Gray to Washburn & Rescinding Res. #4011 Adopted 10 Guatemala Av. et al, Traffic Problem: Order traffic signal timing to protect residential areas N/o Florence W/o Paramount & support placement of restricted turn signs at certain Suva St. intersections re DMC Sec. 3127 Legal Services Provided by City Prosecutor: Allocation for remainder of FY 1984-85 Financial Assistance for Sign Replacement Lennie Whittington complaint re lack of screening around two cooling towers on Coca Cola Co. John Gonzalez complimented members of Police Dept. & Dir. Pub. Wks. & inq. re status of City Atty. rpt. on 10802 Downey Av. Cn. Santangelo re status of report on pornographic material in newsracks Cn. Santangelo re landscaping around Chamber of Comm. & Library Cn. Santangelo cited need to notify people of an appeal & requested procedure Cn. Davila re Job Placement Training Program for Older Workers Approved Approved Ref. back to staff Staff is working with landscape architect 10 10 11 11 12 12 12 12 12 Page 2 of 3 COUNCIL MINUTES, APRIL 23, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Davila re use of Rio Hondo Golf Course Ref, to Dir. Comm. Svcs. 12 Cn. Cormack re bridge over Rio Hondo Channel 12 Cn. Boggs re disappointment over color of Hotel 13 Cn. Boggs re bills before the State Legislature, one of which affects tax increment that L.A. County has introduced in Sacramento 13 Cn. Boggs re Downey officials to meet with South Gate officials re Freeway offramp at Garfield & Southern - Suggests Cn. Cormack & Santangelo 13 Cn. Davila re Heliport at Firestone & Garfield 13 Apptmt. of new PAC member to fill vacancy To be discussed at next created by resignation of Edith Sims Comm. Dev. Comm. mtg. 13 Cn. Boggs re explanation of letter to Mr. Response is being Henriksen from R. W. Posie, 9733 Downey Av. prepared 13 Mayor Barb re possible parking problems at Jack -in -Box on Florence & Lakewood 13 Closed session re personnel matter & pending litigation 14 Mayor read press rease entitled "Negotiations with Sarvis & Andrews end, City to proceed with litigation" 14 Meeting adjourned to 6:30 p.m., May 14, 1985, for matters of litigation and personnel 14 Page 3 of 3 t7�0'<'o MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 23, 1985 The City Council of the City of Downey held a regular meeting at 7:40 p.m., April 23, 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: Don Davis, Acting 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 James R. Jarrett, Director of Community Services Captain Pete Stone, Police Department William Sumner, Fire Marshal James R. Jarrett, Acting Director of Community Services Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Cormack. The Flag Salute was led by Councilman Davila. PRESENTATIONS Mayor Barb presented the following Proclamations: National Day of Prayer. Older Americans Month. Keep America Beautiful - Laura Wilson Nash. Week of the Young Child. Deaf Awareness Month Poppy Day in Downey - Rozella Hazelton. Private Property Week - Maria Hayek. HEARINGS Mayor Barb opened the hearing on Appeal to Zone Variance No. 372, 12842 Gneiss Avenue, which was continued from the City Council meeting of April 9, 1985. He asked if there is any further staff report. Mr. Cutts reported on the location, zoning and size of the property and the request to establish a previous zone variance approving a single family resi- dence located in certain rear, front and side yard setbacks. The construction would be a 1560 square foot two-story single family dwelling with a two -car attached garage on a total lot area of 1500 square feet, and the request is to reduce the setback areas. Concern has been raised about locating a two-story structure in single story residential area, as well as reducing in the setback areas and perpetuating sub -standard residential properties. Mr. Cutts referred to the staff report which presents four options of what could be done with small lots. As to the requested zone variance, the property owner has the right to build on the lot the same size dwelling that was previously on the property. He then narrated a slide presentation. 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. Council Minutes 4/23/85 -1- Mr. Don Jervis of Jervis Realty said the Planning Commission approved the zone variance on March 6th, and he received a letter on March llth stating the variance had been approved and would be effective in 15 days. The next letter he received was dated March 29th, and in the meantime he had filed plans, obtained a demolition permit, closed escrow, and removed the house based on the fact that the 15-day time limit had expired. Councilwoman Boggs said she advised staff one day after the Planning Commission hearing of her intention to appeal this matter. It was noted the Council appealed the zone variance within the 15-day period. Mr. Newton indicated the appeal nullifies approval of the Commission. Councilman Santangelo said Mr. Jervis was not notified within the 15-day period that the appeal had been filed. Mr. Jervis explained the property was purchased subject to being able to build on it, and having received no notice after 15 days, he proceeded to close escrow. The City accepted the plans for the project and permit fees, and the house was demolished based on the fact that the period had expired. Councilwoman Boggs mentioned she was concerned regarding the 25 by 60 foot lot, and she notified staff less than 24 hours after action by the Planning Commission. She brought it to the Council six days later, and now there appears to be a problem. She is concerned about placement of the house on the lot because there would not be enough room in front for parking a vehicle. Mr. Jervis explained different possibilities were explored, and there was a problem with utilizing the alley for the garage entrance because of insufficient turning radius, which forced the entrance to the garage off the street. He indicated escrow on the property closed April 2nd, and that he had received a letter from the City dated March 29th, which was not opened due to work being done at the office. He first heard about this matter on April llth. The house was demolished April 3rd. Mr. Newton stated that the procedure for appeals of administrative deter- minations is set forth in the Code, which provides that the decision becomes final 15 days after action of the Planning Commission unless appealed, and this case was appealed within the 15-day period. Therefore, the decision cannot become final, and whether notice of the appeal is sent to the property owner does not affect validity of the appeal and does not prevent the City from retaining jurisdiction to hear the case on appeal. It is up to a property owner to ascertain whether an appeal has been filed. Councilwoman Boggs requested this be continued to the next meeting and she asked whether residents in the area were notified of tonight's meeting. A lady in the audience said they did not receive notice of this meeting but were present at the last meeting when the matter was continued. Mr. Jervis had no objection to the hearing being continued. Mr. Newton said since Mr. Jervis has raised what he believes to be a procedural defect, he would suggest the hearing be continued. The Council can then discuss with him the legal standing and the question under the Code as to whether there is a defect in the proceedings. Councilman Davila said he understands unhealthy conditions exist on the property since it has been demolished. He suggested the property be inspected to see what the conditions are and to correct them. Captain Stone explained a complaint was received regarding an open sewer on the property, and neighbors complained two of their children were ill. Two Police Officers went to the area and discovered a sewer pipe had not been pro- perly capped, and they took steps to cap it. He has notified the Building Division, who will go out and inspect the property. Mr. Jervis explained the sewer was covered by the man who demolished the building. He was not aware of a problem until this evening. During discussion, Mr. Cutts said capping of the sewer is part of the demolition permit, which was obtained on the property. Council Minutes 4/23/85 -2- .7i�"�' Mr. Ralph Tidmore, co-owner of the property, explained how the sewer was capped. He also mentioned it was intended to have the plan check and start building by this time. It was indicated staff will follow-up on this matter. The hearing was continued to 7:30 p.m., May 14, 1985, in the Council Chamber of Downey City Hall. Mayor Barb declared a recess from 8:21 p.m. to 8:28 p.m. The meeting resumed with all Council Members present. Mayor Barb opened the hearing on Appeal to Zone Variance No. 374, 10037 Lakewood Boulevard. He inquired if the City Clerk had the Proof of Publica- tion, and the response was yes. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to receive and file the Proof. Mr. Cutts reported on the request to exceed the allowable square footage for a menu board sign at a Jack -in -the -Box at the subject location and narrated a'brief slide presentation. 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. Lon Wallace of California Neon Products, 4530 Mission Gorge Place, San Diego, representing Foodmaker Inc., requested permission to alter the proposed square foot requirement for the menu board and reduce it to 30 square feet, which is two-thirds of the original request, in order to incorporate graphic pictures of food. During peak hours they have an individual who takes orders down the drive-thru line ahead of the normal speaker box operation, so it is necessary to have a menu board that is visible 20 feet away. This, he said, would move cars along to avoid any traffic problems. Mr. Wallace feels the request is reasonable based on menu boards measured in Downey and referring to the slide presentation of menu boards in the area noted other menu boards are closer to 27-32 square feet average. Mr. Cutts commented on the Code requirement for a maximum of 24 square feet for menu boards and said there can be two boards not to exceed 12 square feet each. The request is still six square feet over Code. Mr. Wallace indicated he is requesting six additional feet over the 24-foot requirement and pointed out that other menu boards have separate speaker housings whereas the requested menu board incorporates the speaker. Mr. Howard Burns with Foodmaker, Inc., 9040 Telstar, E1 Monte, cited that moving the speaker box and menu board would accommodate people placing their food orders and keep traffic from backing up. The larger menu board is requested so that the size of print can be larger and pictures of food can be included and allow people to move more effectively through the drive-thru lane. He referred to slide photos to illustrate location of the proposed menu board. There being no one else to speak in favor and no one to speak in opposi- tion, it was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to close the hearing. RESOLUTION NO. 4562 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING ZONE VARIANCE NO. 374 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. Councilman Davila stated he has been against the Sign Ordinance but has changed his mind concerning signs that have deteriorated to a blighted condi- tion. Where a businessman is trying to better the City, it does not make sense to place obstacles in his way. Council Minutes 4/23/85 -3- ;U.3 AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Mayor Barb opened the hearing on Revenue Sharing Budget - Apollo Park Ball Diamond Project. He inquired if the City Clerk had the Proof of Publication', and the response was yes. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, 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 this matter, it was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to close the hearing. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to appropriate $4,475 for the Apollo Park Ball Diamond Project. Mayor Barb opened the hearing on Lighting District Annexation 85/05, Chaney Avenue between Muller Street and Gotham 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 Cormack, seconded by Councilman Santangelo, and so ordered to receive and file the Affidavit and Proof. Mayor Barb inquired 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 Council- woman Boggs, seconded by Councilman Santangelo, and so ordered to close the hearing. RESOLUTION NO. 4563 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 85/04 - CHANEY AVENUE BETWEEN MULLER STREET AND GOTHAM STREET) 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. Mayor Barb explained that even though it is staff's recommendation to deny Lighting District Annexation 85/05 - Otto Street and concurred with by some of the neighbors who signed the petition, it is still necessary to conduct the hearing. Mayor Barb then opened the hearing and asked if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication. The response was yes. It was moved by Councilwoman Boggs and seconded by Councilman Cormack to receive and file the Affidavit and Proof. When asked if he had received any written protests, Mr. Shand replied a letter was received from Gary P. McCaughan. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to receive and file. There being no one present to speak in protest, it was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to close the hearing. Council Minutes 4/23/85 -4- RESOLUTION NO. 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 85/05 - 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 deny. Mayor Barb opened the hearing on Proposed Amendment to Downey Municipal Code regarding Political Signs. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack and seconded by Councilman Santangelo to receive and file the Proof. Mr. Cutts reported on the meetings conducted by the Planning Commission regarding political signs and the conclusion that existing provisions of the Code are adequate to address the issue of removing the signs. The Commission concurs with concerns regarding the signing problem and requests additional enforcement be used at election time. 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 amendment. Mr. Joel Lubin, 7820 Allengrove, said there is a problem with enforcment of the ordinance and that candidates should be notified at the time of filing elec- tion papers the Code does exist and the City will enforce it. There being no one else wishing to speak, it was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to close the hearing. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN AMENDMENT TO SECTION 9148.10(a)(5)(ii) OF THE DOWNEY MUNICIPAL CODE (CHAPTER 1, ARTICLE IX) PERTAINING TO POLITICAL SIGNS The Resolution was read by title only. It was moved by Councilman Santangelo and seconded by Councilman Davila to waive further reading and to adopt. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to table. AYES: 3 Council Members: Santangelo, Boggs, Cormack NOES: 2 Council Members: Davila, Barb Councilwoman Boggs indicated she would be glad to meet with staff regarding her concerns for political sign enforcement. Mayor Barb opened the hearing on Zone Change Case No. 220, 8312 Iowa Street. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack, seconded by Councilman Davila, and so ordered to receive and file the Proof. Mayor Barb announced the hearing will be continued pending the Planning Commission hearing on Ordinance No. 742 - Ambulance Uses in the HM Zone. Councilman Santangelo asked how many people were present to speak to this issue, and one person stood up. Council Minutes 4/23/85 -5- The hearing was continued to 7:30 p.m., May 28, 1985, in the Council Chamber of Downey City Hall. PRESENTATION Mayor Barb presented a Proclamation of National Youth Week to Dave Blair' of Downey Elks Lodge. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-9, Zone Change No. 221, Lexington Road Properties, was removed at the request of Councilman Santangelo, who requested clarification of the properties. He was informed the area is between Brookshire Avenue and Downey Avenue. Agenda Item VIII-G-2, Resolution regarding Revision of City Conflict of Interest Code, was removed at the request of John Gonzalez, 12350 Orizaba. Agenda Item VIII-F-2, Cash Contract No. 524 - Sidewalk Construction, was removed at the request of Councilwoman Boggs. Agenda Item VIII-G-1, Resolution supporting Senate Bill 969, was removed at the request of Councilman Davila. Agenda Item VIII-F-B, General Plan Amendment 85-1 - Rancho Los Amigos Property, was removed to change the requested date of hearing. 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 April 9, 1985; and Regular Meeting of April 9, 1985. Legal Claims for Rejection: Ref. #695, Downey Unified School District; and Ref. #715, Great American West/Debbie Saucedo. Cash Contract No. SS-372/392, Citywide Street Resurfacing: Accept pave- ment resurfacing and reconstruction and accept maintenance responsibility for work constructed (Account #26-16372). Cash Contract No. 524, Sidewalk Construction - Verdura, Barlin & Blodgett Avenues, Golden Avenue to Gardendale Street: Award a unit price contract totaling $27,159.40 to White Construction and approve a transfer of an additional $3,000 from the Block Grant Funds to Account No. 28-20322. Cash Contract No. SS-395, Florence Avenue, et al - Stamped Concrete and Sidewalk: Plans and specifications and authority to advertise for bids. Donation of Portable Generator: Authorize staff to give the Fire Department's army surplus generator to the Downey Amateur Radio Club. General Warrants: #4976 - 5280: $922,124.21. Downey Drop -In Center - Citizen Recognition: Place a plaque in the Senior Drop -In Center in honor of Mrs. Signe Van Hoeven's contributions to the City of Downey and the Senior Citizens. One -Year Contract Renewal - Fire Protection Engineer: Contract rate for this period remains same as currently in effect for fiscal year 1984-85. Revised Crime Statistics. Amendment to Downey Municipal Code regarding Tow Trucks in Commercial Zones: Hearing set for 7:30 p.m., May 14, 1985, in Council Chamber of Downey City Hall. General Plan Amendment 85-2 and Zone Change Case No. 219, 9174 Serapis Avenue: Hearing set for 7:30 p.m., May 14, 1985, in Council Chamber of Downey City Hall. Council Minutes 4/23/85 -6- Crosswalk Request - 11531 Downey Avenue (YMCA): Not approved. RESOLUTION NO. 4564 A RESOLUTION OF THE DOWNEY CITY COUNCIL ADOPTING A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF DOWNEY AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb 1984-85 Audit - Appointment of City Independent Auditor When asked why the lowest bid of Deloitte, Haskins & Sells was not included in the summation of low bidders, Mr. Powell noted the amount should read $23,900 instead of $13,900. Councilwoman Boggs expressed an interest in how the bids are selected and the bidders' track record. Mr. Powell concurred and commented on the background of Conrad & Associates and the locations of the three low bidders. It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by unanimous vote to award auditing services for one year to Conrad & Associates, with the option of two additional years on City Council approval upon determination of the firm's track record after the first year. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to set a hearing on General Plan Amendment 85-1, Rancho Los Amigos Property, for 7:30 p.m., May 28, 1985, in Council Chamber of Downey City Hall. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to set a hearing on Zone Change Case No. 221, Lexington Road Properties, for 7:30 p.m., May 14, 1984, in Council Chamber of Downey City Hall. Councilman Santangelo requested the record show he abstained from the vote on this matter. RESOLUTION NO. 4565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING AND RECOMMENDING THE AMENDMENT OF INSURANCE CODE SECTION 533, EVIDENCE CODE SECTION 352 AND GOVERNMENT CODE SECTIONS 825 AND 990 AS THEY CONCERN PUNITIVE DAMAGES Councilman Davila does not feel comfortable voting for the resolution because it involves the Police Department and City Council, and members of the Council would be subject to a lawsuit. He also feels the public would think there is a conflict of interest, and he made a motion to receive and file and not vote on the resolution supporting Senate Bill 969. Mr. Newton said he does not think there could be a direct conflict. It is a general policy that would be declared by the Legislature. The benefit to an individual would only arise if a punitive damage judgement was assessed against him. He does not think the Council is precluded from recommending that the Legislature set a general policy applying to all officials in the State merely because it could affect this Council. He does not see a conflict of interest within the terms of the Government Code. Councilwoman Boggs seconded the motion. Councilman Cormack spoke against the motion because the Council should let the Legislature know what its position is. Mayor Barb mentioned he is concerned of a conflict that exists when a City Council decides not to pursue the suit because it might involve punitive damages to them. This would take away the opportunity for a Council to settle a case with taxpayers' money just to avoid financial expense to themselves. Councilman Davila does not feel taxpayers should pay for unintentional mistakes of the City Council. Council Minutes 4/23/85 -7- Councilwoman Boggs said Council Members and public employees leave them- selves open to many things, and with the possibility of punitive damages being levied it might restrict a person's conduct to where he would be more prudent in his judgment. She asked if the. punitive damages bill would be the responsi- bility of the person if he was found to have conducted himself in a manner beyond the scope of his duties, which she mentioned is not the case cited that brought the bill 'to the Legislature. Captain Stone responded there are numerous occasions that could arise where a City employee oversteps the bounds of his authority which is adverse to the City's training, etc. It is his understanding this legislation allows the City Council, in those cases where punitive damages are awarded, to vote to determine whether or not that employee has in fact overstepped the bounds and whether he must pay for those damages or that the City would accept the punitive damage award and pay that damage for the employee. He does not believe it is the intent of the legislation to automatically relieve those employees who are sued. Councilwoman Boggs said she has not actually seen the Bill and questioned whether it covers the issue, whereby if a person goes beyond the scope of his employment then the City does not have to award him relief of paying', punitive damages. She said she does not want to endorse a Bill she has not seen and was informed it is stated in the Resolution. Councilman Cormack feels the City should have the right to protect its employees. Mr. Lennie Whittington, 8542 Manatee, said currently a municipality is forbidden by law to pay punitive damages, but it is his understanding the new law will require cities to pay punitive damages and that it includes appointed and elected officials. He questioned whether there could be a conflict for the Council to vote on this issue since there is an action pending against two Council Members and the Police Chief for punitive damages. Councilman Santangelo suggested tabling this issue until the Council has 'a copy of the Bill. David Ray, 7338 Nada, concurred the Council should read the Bill and fully understood it prior to voting. During discussion, Mr. Newton said the Resolution sets forth the ''language the Council is supporting. If the Bill is in some other form then this Resolution would not support different language. Mr. Roy Paul, 11819 Rives Avenue, concurred with the wording in the Resolution which gives the Council the responsibility of making a judgment call on whether it believes punitive damages should be paid. AYES: 1 Council Member: Davila NOES: 4 Council Members: Santangelo, Boggs, Cormack, Barb Failed. 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. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb ABSTAIN: 1 Council Member: Davila It was indicated the'abstention was not to the waiver of further reading. RESOLUTION NO. 4566 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CONFLICT OF INTEREST CODES WHICH INCORPORATE BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 3804 Mr. John Gonzalez requested the Resolution include not only the City Prose- cutor but the Senior Building Inspector, Building Inspector, Plan Checker, and several persons on the Planning Commission. Council Minutes 4/23/85 -8- 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. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, referred to the Church Home for unwed mothers and their children which is located on Priscilla Street, and commented on his attempts to help Reverend Howard obtain necessary paperwork and permits to bring the property up to code. He also discussed his attempts to contact the Mayor, City Manager and City Prosecutor regarding the issue. He wants to comply with City codes and to get the paperwork started, and he requested the Council look into this matter. Councilwoman Boggs said the property has been cited for code violations and is not zoned for the particular use. She said the City will have to address this issue and all of the concerns of people around the property. She has re- quested a report, and staff will be contacting Pastor Howard. When asked regarding the status of taking Reverend Howard to court on this matter, Mr. Cutts explained thet Reverend has taken out an application for a zone change request. He mentioned, however, there are some safety problems associated with the building, and staff is attempting to get these corrected as quickly as possible. Councilman Santangelo asked if Reverend Howard has been given a list of violations in writing. Marshal Sumner replied a letter was sent April 9th detailing all violations of the Fire Code for both State and local requirements. Councilman Santangelo suggested sending a letter giving a certain period of time in which life -threatening requirements must be corrected. It was indicated that letters have been sent dating back to October 1984. Mr. Gonzalez commented regarding the letter sent by the City Manager to Reverend Howard, and said he would be willing to work with the City on this matter --that in less than three days he can satisfy the City. He was told by Mayor Barb to work with Reverend Howard. Mayor Barb declared a recess from 9:57 p.m. to 10:07 p.m. The meeting resumed with all Council Members present. Mayor Barb announced at the end of the meeting the Council will recess into closed session and return with some action as a result of that session. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE VI, CHAPTER 5, BY ADDING SECTIONS 6502, 6503 AND 6504 RELATING TO SOLICITORS AND PEDDLERS The Ordinance was read by title only. It was moved by Councilman Santangelo and seconded by Councilman Cormack to waive further reading and to introduce. A discussion was held regarding setting a time limit for cancelling an order rather than leaving it "within a reasonable period of time." It was decided to refer the Ordinance back to the City Attorney for re -wording of sub- sections (b) and (c) under Section 6503. Mayor Barb also suggested that the solicitor present a copy of the sales ticket with his application for permit. Mr. Paul Sarvis, 13603 Barlin, questioned whether a large company like Avon would be able to comply with a requirement for printing a certain time period of cancellation on their sales tickets. Mr. Newton said a copy of the Ordinance was sent to Avon, their attorney, and the attorney for door-to-door sales organizations and has not received any response. Council Minutes 4/23/85 -9- Referring to Section 6504(1), Mr. Sarvis suggested clarification so that the solicitor is only responsible for the rubbish or litter associated with his business. He also suggested clarification of Sections 6504 (a) and (e). Referred back to the City Attorney for revision. RESOLUTIONS RESOLUTION NO. 4567 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 THE EAST SIDE OF WOODRUFF AVENUE FROM STEWART AND GRAY ROAD SOUTHERLY 375 FEET SOUTH OF STEWART AND GRAY ROAD, ESTABLISHING A TWO-HOUR PARKING RESTRICTION FROM 7:00 A.M. TO 6:00 P.M. ON THE EAST SIDE OF WOODRUFF AVENUE FROM A POINT 375 FEET SOUTH OF STEWART AND GRAY TO WASHBURN ROAD AND RESCINDING RESOLUTION NO. 4011 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. ADMINISTRATIVE REPORTS Guatemala Avenue, et al - Traffic Report Mr. Ralph reported on staff's study of the area and of three solutions presented for consideration: (1) Heavier patroling by the Police Department; (2) Changing the traffic signals to provide less time for turning movements that would bring traffic into the area that was not generated in the immediate vicinity, which would require Council action; and (3) Post restriction signs'„ which staff has the authority to do and solicit support by the Council. He anticipates reporting back to the Council on a monthly basis regarding a subs- tantial reduction of traffic in the general.area. Councilwoman Boggs mentioned she spoke to a member of the Traffic Committee, who seconded a motion of the Committee that did not include changing the turning signals. She asked if it is the intent to support phases one and two but not go into phase three right away. Mr. Ralph replied that Phase three would be putting up signs restricting right and left turns, and it does not require either Council action or the Traffic Committee's recommendation, but because it is a substantial move, Council approval is requested. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to order traffic signal timing to protect the residen- tial areas north of Florence Avenue and west of Paramount Boulevard, and support the placement of restricted turn signs at certain Suva Street intersections pursuant to authority of Downey Municipal Code Section 3127. Mayor Barb asked if the petition from people residing on Gallatin Road between Paramount and Tweedy is included with the Guatemala issue, and Mr. Ralph replied this area will be addressed in a similar manner. Councilman Cormack inquired regarding the policy for staff voting on committees. Chief Davis explained the Traffic Committee is the only one staff votes on Mrs. Lois Buchanan, 9651 Guatemala, requested clarification of Council's action on the Guatemala Avenue traffic problem and whether there has been a report by the Police Department. She was given a copy of the staff report, and Captain Stone said he will meet with Mrs. Buchanan. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to approve Allocation of $10,500 in General Funds for Legal Services provided by the City Prosecutor for the remainder of Fiscal Year 1984-85. When asked about the reason for the three-month appropriation, Mr. Cutts explained it is due to an increase in the amount of Code enforcement which Council Minutes 4/23/85 -10- involves the City Prosecutor. A larger number of cases have been sent to Court, and this also pertains to office conferences which include the City Prosecutor. Councilman Davila made a motion to continue this to the next meeting so that facts and figures on the increase in case load can be obtained. No second. Mr. Cutts said Mr: Mayer does have an associate who is handling a case the City is involved with. During discussion, he noted the amount left in the budget for these services will probably be gone before the next Council Meeting. Councilman Davila suggested changing the amount to a lesser figure and said he will abstain until he gets the items requested. Mayor Barb said if this is approved, he would request that a report be brought back. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb ABSTAIN: 1 Council Member: Davila Mr. Cutts reported on proposed Financial Assistance for Sign Replacement and staff's suggestion for a rebate program rather than a loan program. Two lending institutions were contacted, but they did not express an interest in becoming involved. There are 2500 businesses that might be eligible for this kind of program. Staff favors a rebate program of providing a small amount to cover a large number of replacements, and it is recommended the rebates not exceed $1,998. It is staff's interpretation of CounciI's direction that the Council is interested in providing assistance to small local businesses but not the larger businesses because they have their own source of funding. Mr. Cutts outlined staff's recommendation on the sign replacement program. Councilman Santangelo indicated it was his intent to subsidize the interest for financing sign replacement of a merchant who found himself in a position of taking his sign down and having to replace it. He is not in favor of rebating 20 'percent the cost of a sign because it could open the door for subsidizing 30- 40'percent actual cost of the sign. He is not in favor of approving a program where some businesses are not eligible. Councilman Davila expressed his concern that the program will be biased as to who will receive funds and who will not. Councilwoman Boggs does not like singling out large businesses and leaving them out of any program that might be approved. She would also like the program to 'include those businesses who had immediately gone to the expense of complying with the Sign Ordinance adopted in 1977. She does not concur with the amount set and feels this should be deferred until after budget study and look at Block Grant Funds and General Fund money to fund a rebate program. Referred back to staff. ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - Audience Mr. Lennie Whittington, 8542 Manatee, submitted photographs for Council perusal and expressed his complaint about two cooling towers on the Coca Cola Company on Patton Road, which he said overshadow the entire neighborhood. He mentioned there is no screening around the coolers, although he understands the contractor is drawing up some plans, and he feels this should have gone through the Design Review Board or Planning Commission before coolers were installed. Also, the homeowners of surrounding properties should be considered before allowing the coolers next to a residential area. Councilman Santangelo has seen the units and is surprised the Design Review Board does not have any authority over such an installation. He suggested going back to the Planning Commission to see if it would consider these type of units being looked at by the Design Review Board before allowing installation. Councilman Cormack mentioned these type of units will be seen more and more due to Southeast Coast Air Quality requirements, and the units must be outside. Mr. Cutts said staff has been looking into this with the contractor and working on a screening device. He mentioned a problem occurs when residential Council Minutes 4/23/85 -11- immediately abuts manufacturing, which is an obvious conflict in zoning. A report will be submitted to the Planning Commission at its May 1st meeting. Mr. Whittington questioned whether the screening will look worse than the units, and he is concerned about possible noise when the units are turned on. Councilman Santangelo complimented Mr. Whittington on his survey of service stations, which he found to be very helpful. Mr. John Gonzalez, 12350 Orizaba, expressed his gratitude to Mayor Barb for being allowed to speak earlier this evening. He also complimented members of the Downey Police Department and Director of Public Works for their assistance and treatment of him on various occasions. Mr. Gonzalez inquired regarding status of a City Attorney report on 10802 Downey Avenue. Mr. Newton said he has prepared a report, and it will be distributed to the Council tomorrow. ORAL COMMUNICATIONS - City Council Councilman Santangelo inquired regarding status of a report on pornographic material in newsracks. Mr. Newton replied the report is under way, and he plans to have it for the Council the second meeting in May. Mayor Barb said it is his understanding there is an Ordinance on the books which limits the number of newsracks in a particular area, and he asked if the City can start enforcing it immediately. Mr. Newton responded it is questionable whether it can be enforced and avoid litigation. When asked whether there can be an ordinance permitting sale of material in a method other than newspaper racks, he said the report will also go into that. Councilman Santangelo asked about landscaping around the Chamber of Commerce and Library and whether it will take place prior to August lst, which is the planned opening for the hotel. Mr. Cutts said staff is working with the landscape architect. Councilman Santangelo cited the need for people to be notified of an appeal, and he requested a procedure to make sure people are properly notified.' Councilman Davila inquired regarding status of the Job Placement Training Program for Older Workers. Mr. Jarrett replied the program will start next Thursday at the Apollo Neighborhood Center. The hours of operation will be 10:00 a.m, to 2:00 p.m. Monday through Friday, and it is hoped to expand the hours to eight hours a day.' Councilman Davila favors catering to all of Downey's citizens, but he expressed concern regarding use of the Rio Hondo Golf Course by the Downey Men's Club, of which only 292 of its 652 members are City residents, and on the first hour of play on Saturday mornings only 80 members play, of which only 41 are residents. On the second hour of play on Sunday, there are 80 Japanese players, of which none are Downey residents. The Downey Golf Course belongs to the City and its citizens, and they should have preferential treatment in using the Golf Course. He requested a report back on other city operated and owned golf courses and whether they offer preferential treatment to their residents. Referred to the Director of Community Services. Councilman Cormack mentioned that many people who are not citizens of Downey live nearby, and it is a real asset to the Golf Course to have these people guaranteeing their starting times. Councilman Cormack referred to the bridge over the Rio Hondo Channel and said he has spoken to Supervisor Schabarum regarding its removal. It appears that rather than close the bridge it is intended to complete the horse trail Council Minutes 4/23/85 -12- under Telegraph. He suggested emphasis should be placed on getting a concrete block wall rather than a wire fence, and that the Department of Water and Power should be contacted to secure their property so that people cannot get through. During discussion, Mayor Barb suggested sending another letter to the County and Flood Control District and request a block wall along the property, and 'then consider whatever action will be necessary to force it for health and safety of residents. Councilwoman Boggs favors supporting whatever Councilman Cormack suggests needs to be done to resolve the issue. Staff was asked follow up on the details to see if there is any legal action necessary. Councilwoman Boggs expressed disappointment in the color of the hotel building. It is her understanding the rendering approved by the Design Review Board showed the hotel as an off-white, and she requested pursuing immediately whatever is necessary to make the hotel another color. Councilwoman Boggs mentioned at a Community Development Commission meeting she inquired regarding several Bills before the State Legislature, one of which affects the tax increment that Los Angeles County has had introduced in Sacramento, and she feels Downey may be missing out on something important. Referring to the Freeway Offramp at Garfield and Southern, Councilwoman Boggs said a letter has been received, wherein the City of South Gate would like to meet with two Council Members. She would like to send Councilmen Cormack and Santangelo to meet with South Gate regarding the offramp. Mayor Barb said he spoke with a representative of South Gate prior to,, Downey's action, but the conversation came to an enpasse. Following the last Council Meeting, another letter was received from South Gate requesting further discussion with the City of Downey. Councilman Davila mentioned South Gate has a potential nuisance and noise problem with regard to constructing a heliport at Firestone and Garfield. Mr. Cutts said staff discussed this matter with South Gate, who indicated any helicopter flights would be to the west of that City. Speaking to the Off -ramp at Garfield and Southern, Councilman Cormack suggested talking to a State agency to see if it can be stopped. Mr. Ralph said the funding was approved contingent upon the County and South Gate being able to mediate their differences, and if this does not occur, the, funding cannot take place. Council Members will meet with South Gate officials. Councilwoman Boggs inquired regarding the process for appointing a new member to the Project Area Committee to fill the vacancy created by the resignation of Edith Sims. To be discussed at the next Community Development Commission meeting. Councilwoman Boggs requested explanation of a letter to Mr. Henriksen from R.'W. Posie, 9733 Downey Avenue. She was informed a response is being prepared. Mayor Barb referred to possible parking problems at the Jack -in -the -Box Restaurant on Florence and Lakewood. He .said according to the square footage there should be 42-44 spaces, but there are only 36, and he has been informed the parking requirements were based on a formula that applies to fixed seating. The seating is movable, not fixed, and the original plot plan established 40 seats, but there are 48. He suggested Jack -in -the -Box either put in fixed seating that the Code requires or provide more parking immediately. Mr. Cutts explained approval of the zone variance for parking limited the maximum number of seating to 40 patrons with 35 parking spaces, ten of which are to be compact stalls and no -loading spaces. The plot plan approved by the Planning Commission shows the central portion of the seating area as fixed seating, but there are loose tables and chairs surrounding the periphery, of the dining room area. Council Minutes 4/23/85 -13- '%'233 During discussion, Mayor Barb said there are no regular parking spaces directly in contact with the building, they are in back of the property line. ',A person with a regular car cannot park close to the building. Councilman Santangelo hopes the Planning Department will look at the problem concerning this property because it has a detrimental affect on the adjoining properties. CLOSED SESSION Mayor Barb announced the Council will be recessing to closed session for consideration of a personnel matter and pending litigation under Section 54956.9 - Government Code as follows: 1. Two Section 54956.9, Subdivision (a) matters as follows: Downey Cares vs. City of Downey, et al; and Kimberly Paul vs. City of Downey, et al. 2. A Section 54956.9, Suvbdivision (b) matter. The Council then recessed to closed session from 11:38 p.m. to 11:45 p.m. The meeting resumed with all Council Members present. Mayor Barb read a press release that will be given to the press entitled "Negotiations with Sarvis and Andrews end, City to proceed with litigation." ADJOURNMENT: 11:55 p.m. The meeting was adjourned to 6:30 p.m., May 14, 1985, in the Counc Chamber of Downey City Hall, to discuss matters of litigation and personnel,. Robert L. Shand, CityClerk-Treasurer Z,Randall R. Barb, Mayor Council Minutes 4/23/85 -14-