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HomeMy WebLinkAboutMinutes-07-15-85-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JULY 15, 1985 The City Council of the City of Downey held an adjourned regular meeting at 2:08 p.m., July 15, 1985, in the Council Chamber of Downey City Hall, Mayor Bob Davila presiding. PRESENT: Council Members: Bob Davila James S. Santangelo Diane P. Boggs Robert G. Cormack Randall R. Barb Mayor Mayor Pro Tem (arrived at 2:16 p.m.) ALSO PRESENT: Don Davis, City Manager Pro Tem William A. Ralph, Director of Public Works James R. Cutts, Director of Community Development Lee Powell, Director of Administrative Services James R. Jarrett, Director of Community Services William Sumner, Fire Marshal F. D. Shade, Police Captain Harald Henriksen, City Engineer Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Mr. Lee Smith, 7205 Coolgrove, spoke in opposition to the posted sign on Suva prohibiting right turns between 3:00 and 6:00 p.m. and on Paramount pro- hibiting right turns between 6:00 and 8:00 a.m.. He presented a petition containing in excess of 300 signatures in opposition to the signs and outlined objections to the posting of these traffic signs and of the effect it has had on people in the area, as well as schools. Mr. Smith commented on the program of traffic enforcement on Guatemala as a result of a petition signed by 50 residents on that street, which he said has affected the lives of 300 people on the island. Councilman Cormack arrived at the meeting at 2:16 p.m. Mayor Davila said Mr. Smith's comments and the petition will be taken under consideration and review by staff. Mr. Ralph will meet with Mr. Smith and hopes to report back next meeting. Neva Byram, 9813 Guatemala, concurred there was a petition signed by 50 people asking for a stop sign at Lubec and Guatemala. Also, the problem has not been solved and it has caused hard feelings in the neighborhood. She commented on the accidents that have occurred on Guatemala in the last five years and noted the average speed on that street is over 40 mph. Mrs. Byram submitted a letter from a lady in the area who could not be present and asked the Council to review it. She requested a stop sign be placed on the street, which she said would solve the problems. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by unanimous vote to remove the right -turn signs and have a radar unit in the area a different day each week. Mayor Davila recessed the meeting to closed session from 2:25 p.m. to 2:52 p.m. for consderation of a personnel matter under Section 54956.9 of the Government Code. The meeting resumed with all Council Members present. Councilman Barb indicated he has a motion to make as a result of personnel discussion conducted in closed session. He believes that because of Mayor Davila's involvement in an employee's personnel matter and his direct instructions given to an employee and requesting the employee to promise not to tell anyone is a violation of the City's Charter. Councilman Barb then cited Charter Section 1501, which states that any violation of a provision of the Charter shall be a misdemeanor and punishable upon conviction of a fine not exceeding $500 or by imprisonment for a term not exceeding six months or by both. Council Minutes 7/15/85 (adj.) -1- Ts-6/7 It was moved by Councilman Barb and seconded by Councilman Cormack that the Council ask the Police Department to investigate that and if necessary use an outside agency, to be unbiased, and ask the District Attorney to consider filing that. Councilman Barb said this action is based on a series of incidents that have occurred over several years that he has been uncomfortable with, and it has nothing to do with his relationship with Mayor Davila. He has enjoyed the time they have spent together socially, including conversations, and thinks they are still able to work together. But he feels it is a serious problem -- it undermines the employees of the City and needs to be handled. Mayor Davila feels he did not interfere or violate the City Charter, and he welcomes an open, unbiased investigation. He feels in-house would be biased. An amended motion was made by Mayor Davila whereby if any investigation is done that it be done by an outside, independent agency. Councilman Barb said Mayor Davila admitted instructing an employee to do something for him and requested a promise not to tell anyone. Mayor Davila stated he did not interfere but asked for a favor. Councilwoman Boggs seconded the amended motion. Captain Shade was asked how an outside investigation would be handled, and he replied he understands there is a department within the Los Angeles County District Attorney's office which does handle sensitive or political affairs. He assumes the first action would be to contact the District Attorney's office for some advice along these lines. Also, the City Attorney should be consulted as to his opinion of an appropriate investigation. The amended motion was passed by the following vote: AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb ABSTAIN: 1 Council Member: Davila The original motion as amended was passed by the following vote: AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 1 Council Member: Santangelo ABSTAIN: 1 Council Member: Davila. Councilman Barb asked Mayor Davila to resign his position as Mayor and Councilman. Mayor Davila refused. It was moved by Councilman Barb and seconded by Councilman Cormack to remove Mayor Davila from his position as Mayor. AYES: 2 Council Members: Cormack, Barb NOES: 2 Council Members: Santangelo, Davila ABSTAIN: 1 Council Member: Boggs Failed. Following discussion, it was moved by Councilwoman Boggs and seconded by Councilman Santangelo to continue the study on Capital Improvement Projects. Councilman Barb said that due to earlier discussion, he does not feel the Council is in a position to logically think through some important issues of the City at this time. The motion and second were withdrawn. Mayor Davila declared a recess from 3:05 p.m. to 3:20 p.m. The meeting resumed with all Council Members present. Council Minutes 7/15/85 (adj.) -2- %E61F Study session of Capital Improvements Projects Budget Mr. Henriksen commenced with a review of the Budget and gave a brief description of each project pertaining to Streets; Drainage Systems; and Traffic Safety. He also narrated slide presentations on alleys in need of reconstruction; curb returns; and flooded conditions of various streets in the City. Mr. Ralph discussed projects under Public Facilities. Captain Shade narrated a slide presentation on proposed plans for an ultralight hangar facility on the Rockwell property. A contract to build the facility will come back to the Council. Mayor Davila declared a recess from 4:14 p.m. to 4:20 p.m. The meeting resumed with all Council Members present. A discussion was held regarding the time necessary to review remaining categories in the Budget. The next study session on Capital Improvements Projects Budget was set for 5:00 p.m., July 23, 1985. Mayor Davila then recessed the meeting to closed session from 4:26 p.m. to 4:45 p.m. for consideration of pending litigation under provisions of Section 54956.9 - Government Code, as follows: One Section 54956.9, Subsection (1) - Downey CARES vs. City of Downey; and (2) One Section 54956.9 Subdivision (b) matter - Cardono. The meeting resumed with all Council Members present. There was no action was taken in closed session. The meeting was adjourned at 4:45 p.m. to 8:00 a.m., July 22, 1985, at the Rio Hondo Country Club Banquet Room for a joint meeting with Senator Paul Carpenter.. Robert L. Shand, City Clerk -Treasurer Bob Davila, Mayor Council Minutes 7/15/85 (adj.) -3-