HomeMy WebLinkAboutMinutes-12-10-85-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
DECEMBER 10, 1985
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Proclamation decl. 12/16/85 as SADD (Students
Against Drunk Driving) Week 1
Proclamations to Joyce Lawrence & Eleanor Gasdia,
recipients of Caltac awards 1
Street Vacation #149 - Vacation of Second St. & Hearing cont's. to
New St. 1/28/86 1
Closed session re pending litigation 2
Removal of Items from Consent Calendar 2
Minutes: Reg. Mtg., Nov. 26, 1985 Approved 2
CC #SS-396, Via Amorita Av./Susan Av.: Change
Order #1 & accept imprvmts. Approved 2
General Warrants #10498 - 10957 Approved 2
1984-85 Financial Report Received & filed 2
Backup Emergency Ambulance Service: Auth.
Purchasing Div. to request proposals & negotiate
agmt. to be presented to Council f/apprvl. Approved 2
Closing of Caltrans Field Office on Imperial Hwy'. Authorized 2
Rio Hondo Golf Course, Pro -Management Agmt.:
Auth, staff to negotiate extension of present
Interim Pro -Management Agmt. not to exceed 60 days
with award of new Agmt. to be presented at first
mtg. in January Approved 2
Res. #4672, Adopting Class Spec & Designating
Salary Range f/Senior Programmer/Analyst Position Adopted 2
Res. #4673, Apprvg. Apptmt. of Sally Lagos to
Library Adv. Bd. from Dist. 2 Adopted 2
Res. #4674, Apprvg. Apptmt. of Merritt Yancey as
Director of Civic Center Corp. Adopted 2
Res. #4675, Apprvg. Execution by Downey Community
Dev. Comm. of Agmt. w/Zellner Communities, Inc. &
Development of Public Imprvmts. Adopted 3
Apptmt. of Jack May to Charter Review Comm. for
Dist. 2 Approved 3
Cancellation of Order for Nativity Scene Approved 3
Nativity Scene: Council to graciously accept
donation of Nativity Scene & take $3600 that will
not be spent for Nativity scene to further expand
purchases for holiday decorations in Downey Approved 3
Fred Mastri - building at 8411 Everest St. 4
John Gonzalez - building on Everest St. 4
Ord. #809, re Recovery of Costs on Hazardous
Waste or Substance Spills, Releases & other
Hazards Adopted 4
Page 1 of 2
COUNCIL MINUTES, DECEMBER 10, 1985
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT
ACTION
PAGE NO.
Res. #4676, Adopting MOU bet. City & Downey City
Employees' Assn. - 7/l/85 to 6/30/87
Adopted
4
Res. #4677, adopting MOU bet. City & Downey Public
Safety Auxiliary Unit - 7/l/85 to 6/30/87
Adopted
4
Request for Ext. of Temporary Storage Containers -
Downey Comm. Hospital
Cont'd. to 1/14/86
5
Liability Insurance for Downey Rose Float:
Necessary insurance obtained by Pres. of Downey
Staff to prepare
Chamber of Commerce
letter of appreciation
5
Ken Miller - lack of amplification of Council
Chamber audio system
5
John Gonzalez - attempts by City officials to
Mayor to meet with Mr.
turn Police Dept. against him
Gonzalez
5
David Ray, Ken Miller, & Lennie Whittington -
charges for copies of permits
5
Lennie Whittington - enforcement of Ord, on free
Staff asked to send
air, water & restrooms for gas stations
letter to all stations
6
Cn. Santangelo - policy on presentations of
To be presented at
awards & proclamations to public
Council Meetings
6
Cn. Boggs - recent meeting in her district &
encouraged staff to help assist in improving
Elm Vista
6
Mayor Davila commended Chief Martin on good will
relationship bet. Downey & Tijuana Police Depts.
6
Meeting adjourned to 4:00 p.m., Dec. 17, 1985
6
Page 2 of 2
�4_�7
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
DECEMBER 10, 1985
The City Council of the City of Downey held a regular meeting at 7:35
P.m., December 10, 1985, in the Council Chamber of the Downey City Hall, Mayor
Bob Davila presiding.
PRESENT: Council Members:
Bob Davila Mayor
James S. Santangelo Mayor Pro Tem
Diane P. Boggs
Robert G. Cormack
ABSENT: Randall R. Barb
(excused)
ALSO PRESENT: Don Davis, City Manager
Carl K. Newton, City Attorney
James R. Cutts, Director of Community Development
Lee Powell, Director of Administrative Services
William F. Martin, Police Chief
James R. Jarrett, Director of Community Services
Harald J. Henriksen, City Engineer
William Sumner, Fire Marshal
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 Santangelo. The Flag Salute
was led by Councilwoman Boggs.
PRESE_ NTATIONS
Mayor Davila presented to Alice Yamada a Proclamation declaring the week
of December 16, 1985, as SADD (Students Against Drunk Driving) Week. Mrs.
Yamada introduced Presidents of SADD from Downey and Warren High Schools, one
of whom explained the program and commented on the need for radios.
Councilwoman Boggs presented Proclamations to Joyce Lawrence, past
President and Member of the Library Advisory Board, and Eleanor Gasdia, Presi-
dent of the Assistance League, as recipients of awards given by Caltac, a
State organization for Libraries.
HEARINGS
Mayor Davila opened the hearing on Street Vacation No. 149 - Vacation of
Second Street and New Street. He inquired if the City Clerk had the Affidavit
Of Posting of Notice, and the City Clerk replied yes.
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and so ordered to receive and file the Affidavit.
Mr. Henriksen reported this vacation was a requirement of the Disposi-
tion and Development Agreement between the Community Development Commission
and the Cardono developer.
Mayor Davila inquired if the City Clerk had received any written
correspondence, and the response was no.
There being no one present to speak in opposition or in favor, it was
moved by Councilman Santangelo and seconded by Councilman Cormack to close the
hearing (motion and second later withdrawn).
Mr. Cutts explained that inasmuch as the necessary access agreements have
not been received from the surrounding properties, it is requested the public
hearing be continued to January 28, 1986.
The motion and second were withdrawn.
Council Minutes 12/10/85 _1_
It was moved by Councilman Cormack, seconded by Councilman Santangelo,
and so ordered to continue the hearing to 7:30 p.m., January 28, 1986, in the
Council Chamber of Downey City Hall.
Mayor Davila announced the Council will be recessing to closed session
for the purpose of discussing pending litigation under provisions of Section
54956.9, Subdivision (a) - City of Downey vs. John Gonzalez; and also a
Subdivision (b) matter.
The meeting was then recessed to closed session from 7:50 p.m. to 8:12
p.m. and resumed with Council Members Santangelo, Boggs, Cormack, Davila
present; Council Member Barb absent.
Mayor Davila stated there was no action taken in closed session required
to be announced at this time.
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Item VIII-F-5, Cancellation of Order of Nativity Scene, was
removed at the request of Mayor Davila.
Agenda Item VIII-F-2, Appointment to Charter Review Committee, was
removed at the request of Councilman Santangelo. He noted a typographical
error in VIII-F-6, which should read "60 day extension" instead of "6th day
extension."
CONSENT CALENDAR
It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and
passed by the following vote to approve the Remainder of the Consent Calendar:
Minutes: Regular Meeting of November 26, 1985
Cash Contract #SS-396, Via Amorita Avenue/Susan Avenue: Approve Change
Order No. 1 and accept the improvements constructed and responsibility
for maintenance.
General Warrants: #10498 - 10957: $1,354,910.40.
1984-85 Financial Report.
Backup Emergency Ambulance Service: Authorize the Purchasing Division
to request proposals and working in conjunction with the Fire Department
negotiate an agreement, which would be presented to Council for approval.
Closing of Caltrans Field Office on Imperial Highway: Authorize Caltrans
to close their local field office since they have already substantially
fulfilled the requirement of the I-105 Freeway Performance Agreement.
Rio Hondo Golf Course, Pro -Management Agreement: Authorize staff to
negotiate extension of the present Interim Pro -Management Agreement for a
period of not to exceed sixty (60) days, with award of a new agreement to
be presented to Council at its first meeting in January, 1986.
RESOLUTION NO. 4672
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING CLASS SPECIFICATION AND DESIGNATING SALARY
RANGE FOR SENIOR PROGRAMMER/ANALYST POSITION
RESOLUTION NO. 4673
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF SALLY LAGOS AS A MEMBER OF
THE LIBRARY ADVISORY BOARD FROM COUNCILMANIC DISTRICT TWO
RESOLUTION NO. 4674
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF MR. MERRITT YANCEY AS A
DIRECTOR OF THE CIVIC CENTER CORPORATION
Council Minutes 12/10/85 -2-
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RESOLUTION NO. 4675
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE EXECUTION BY THE DOWNEY COMMUNITY DEVELOPMENT
COMMISSION OF AN AGREEMENT WITH ZELLNER COMMUNITIES, INC.
AND THE DEVELOPMENT OF PUBLIC IMPROVEMENTS
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
Appointment to Charter Review Committee
Mayor Davila submitted the name of Jack May, a resident in District 2, to
replace Mr. Ed Wood, which was seconded by Councilman Santangelo, and passed
the following vote:
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 approve the appointment of Jack May to the
Charter Review Committee.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
Cancellation of Order for Nativity Scene
Councilman Santangelo stated he made a motion in October to purchase a
Nativity scene for the approximate amount of $3,600. He then moved to not
expend public funds for the purpose of purchasing a Nativity scene, which was
accepted by the Chair.
Councilman Santangelo fully supported having a Nativity scene and said
there are people in the community who are present this evening to provide the
_ Nativity scene to the community, which he is in favor of and would like to see
the City go forward in that direction.
Councilman Cormack expressed his pleasure that people are concerned about
celebrating Christmas properly and willing to make a contribution toward
purchasing the Nativity scene.
Marilyn Evans, 8586 Suva Street, speaking for many citizens in Downey,
expressed appreciation for the Council's action in October to purchase a
Nativity scene and carry on a longstanding tradition in the City. She men-
tioned many people do not appreciate the A.C.L.U.'s attempts to intimidate and
counter the will of the City's governing body. Mrs. Evans cited the Supreme
Court case involving Pawtucket, Rhode Island, which she said opened the door
for towns and cities to display a Nativity scene as part of their Christmas
decorations. She noted a Nativity scene on the grounds of the White House,
which is public property, and a Menorrah, symbol of a Jewish holiday, in the
Los Angeles City Hall, which was approved by a Superior Court Judge. It is
felt Federal Court decisions make it legal to purchase and display the scene.
She then stated citizens of the community are donating the Nativity scene to
the City, a gift of about $3,600, and there are pledges of approximately one-
third that amount. She read a letter from Dr. John Toay, Paster of the
Presbyterian Church, who guaranteed citizens of Downey will contribute the
total cost of a Nativity scene. She also named various locations where people
can deliver their donations and urged the Council to accept the gift and agree
to display it.
Mayor Davila concurred with Mrs. Evans and indicated he will donate $50.
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 that the Council graciously accept the dona-
tion of the Nativity scene and take the $3,600 that will not be spent on the
Nativity scene to further expand purchases for holiday decorations in Downey.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila
ABSENT: 1 Council Member: Barb
Council Minutes 12/10/85 -3-
jCG�G
At this time Mayor Davila presented his check to Mrs. Evans.
ORAL COMMUNICATIONS - Items not on Agenda
Mr. Fred Mastri, 8331 Everest, mentioned he presented a letter regarding
a questionable building at 8411 Everest, and he asked if any action has been
taken on his complaint.
Mayor Davila said he forwarded the letter to the Director of Community
Development and the construction was determined to be legal. He apologized
for having not relayed this back to Mr. Mastri and offered to contact him
tomorrow to go over the information.
Mr. Mastri inquired regarding any legal action to be taken if the
building is used illegally.
Mr. Newton explained the City's investigation has determined the building
is legal. However, if any private citizen believes to the contrary, he can
bring an action relative to private nuisance and should consult legal counsel.
Staff has determined there is no commercial or industrial use to be made of
the building, and if that occurs it would be in violation of the City's Zoning
Ordinance.
Mr. Mastri went on record by saying that if a violation takes place he
will take, through a lawyer, legal action against the City and the property
owner. He was asked to first report any violation to the City.
Mr. John Gonzalez, 12350 Orizaba, referred to the building on Everest
Street discussed by Mr. Mastri and questioned whether any construction over
400 square feet requires a set of plans, which he said were not obtained on
the project. He noted there is a two -car garage on the property, and he
questioned building another two -car garage for the storage of an antique
automobile. He favored an investigation of this matter and further commented
on construction of a second story to the structure.
'IT:T171 JINT1TW
ORDINANCE NO.. 809
AN ORDINANCE OF THE CITY OF DOWNEY ADDING CHAPTER 6
TO ARTICLE V OF THE DOWNEY MUNICIPAL CODE PROVIDING
FOR THE RECOVERY OF COSTS RELATED TO HAZARDOUS WASTE
OR SUBSTANCE SPILLS, RELEASES AND OTHER INCIDENTS
The Ordinance was read by by title only. It was moved by Councilman
Santangelo, 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
RESOLUTION NO. 4676
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION
COVERING THE PERIOD OF JULY 1, 1985, TO JUNE 30, 1987
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, Davila
ABSENT: 1 Council Member: Barb
RESOLUTION 4677
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY UNIT
COVERING THE PERIOD OF JULY 1, 1985 TO JUNE 30, 1987
Council Minutes 12/10/85 -4-
The Resolution was read by title only. It was moved by Councilwoman
Boggs, seconded by Councilman Santangelo, 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
ADMINISTRATIVE REPORTS
Per request of the Downey Community Hospital, it was so ordered to con-
tinue Request for Extension of Temporary Storage Containers to the meeting of
January 14, 1986.
Mr. Davis explained the Rose Float Association was able to obtain
Liability Insurance for the Downey Rose Float, and the Association has
expressed its appreciation for the help of Council and staff on this matter.
Councilman Cormack acknowledged that the President of the Downey Chamber
of Commerce assisted in providing necessary insurance for the float.
Staff was directed to prepare a letter of appreciation for the Council.
ORAL COMMUNICATIONS - Staff Members: None
ORAL COMMUNICATIONS - Audience
Mr. Ken Miller, 7336 Cleargrove Drive, commented on lack of amplification
of the audio system in the Council Chamber. He requested hearing aids be pro-
vided to people who sit in back of the room or that the sound be adjusted to a
louder volume.
Mr. John Gonzalez, 12350 Orizaba, expressed a desire to address his
comments to the Police Chief regarding the way City officials have attempted
to turn the Police Department against him.
Mayor Davila stated he will meet with Mr. Gonzalez and Chief Martin
tomorrow to discuss this matter. When Mr. Gonzalez attempted 'to discuss the
case the City has pending against him by saying the City has dismissed all
charges, Mayor Davila also indicated this issue could be discussed in
tomorrow's meeting.
Mr. Newton stated for the record that if Mr. Gonzalez is referring to the
prosecution of him, it is a misstatement of the record to say the City
dismissed all charges against him.
Mr. David Ray, 7338 Nada, referred to the Resolution adopting charges for
microfilm copies and requested that in the future when the Council adopts
resolutions or ordinances it consider the affect it could have on people in
the community.
Mr. Cutts was asked if people requesting copies of permits on one piece
of property would be charged $5.00 for each permit, and he replied no, they
would only be charged $5.00.
Councilman Santangelo mentioned that in the past all permits on one piece
of property were kept in one envelope, and he asked if this system has been
changed with all information on microfilm. He favors the system of keeping
all permits pertaining to one piece of property in one packet.
Mr. Ken Miller, 7330' Cleargrove Drive, concurred with Councilman
Santangelo and rnentioiied he was on the Couricii when the microfilming of
records was approved, but that when he supported the program he thought the
microfilming would be kept in a safe in case the records were destroyed.
Councilman Santangelo asked Mr. Cutts to look at the possibility of going
back to the other system.
Mr. Lennie Whittington,, 8542 Manatee, said the resolution establishing
charges for copies of permits says the charge shall be $5.00 for each permit.
Mr. Cutts was asked to report back on this matter.
Council Minutes 12/10/85 -5-
i{d;_
Mr Whittington referred to his list of gas stations that do not provide
free air, water and restroom services and said to date none of the stations on
the list have complied with City and State law. Also, the stations have not
received notice from the City regarding the Ordinance provisions.
Mayor Davila asked staff to look into this and follow through.
Councilwoman Boggs requested that staff be asked to send letters to all
service stations immediately advising them of the Ordinance.
Mr. Cutts explained the reason the Ordinance was not enforced is because
there has only been one Code Enforcement officer for the entire City. Two
additional personnel have now been hired.
ORAL COMMUNICATIONS - City Council
Councilman Santangelo requested the Council set a policy on presentations
of awards and proclamations to the public. He feels it is fitting to have the
presentations made at Council Meetings.
Councilwoman Boggs and Councilman Cormack concurred.
Mayor Davila said the presentations will be made at future Council
Meetings.
Councilwoman Boggs commented regarding a recent meeting in her district
and encouraged the appropriate Department Heads to help assist in improving
Elm Vista.
Mayor Davila commended Chief Martin regarding the good will relationship
between the City of Downey and Tijuana, Mexico, Police Departments, which
developed when each City hosted the other Department during participation in a
softball game. On behalf of the City Council he thanked the Chief.
ADJOURNMENT: 9:10 p.m.
The meeting was adjourned to 4:00 p.m:, December 17, 1985, in the Council
Chamber of Downey City Hall.
Ro rt L. Shand, City C erk-Treasurer
Bob Davila, Mayor
Council Minutes 12/10/85 -6-