HomeMy WebLinkAboutMinutes-09-29-75-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
SEPTEMBER 29, 1975
The City Council of the City of Downey held an adjourned regular meeting at
5:15 p.m., September 29, 1975, in the Council Chambers of the Downey City Hall, Mayor
Joseph E. DiLoreto presiding.
PRESENT: Council Members:
Hazel N. Scotto
Donald H. Winton
Richard M. Jennings
William L. Greene
Joseph E. DiLoreto
ABSENT: Council Members:
None
ALSO PRESENT: Charles W. Thompson, City Manager
Royal M. Sorensen, City Attorney
Richard D. Patton, Director of Finance
Loren D. Morgan, Police Chief
Robert L. Shand, City Clerk -Treasurer
Mayor DiLoreto explained the adjourned regular meeting is being held to consider
the status of the Animal Control Service in the City of Downey, and he and the City
Manager will report on the status of a meeting held this morning in the City of Norwalk.
The Invocation was delivered by Councilman Jennings, followed by the Flag Salute
led by Councilman Greene.
Reporting on the Council's decision to terminate the agreement with California
Animal Control (CAC), City Manager Thompson explained the termination notice was de-
livered on Friday evening (September 26), and as of Saturday morning emergency
arrangements had been made with the County to handle the animals that were then in
charge of CAC, with the animals being transported to the County pound on Garfield
Avenue. He said the County has indicated it would provide emergency service to the
City and continue to do so until they have worked out a contract. Mr. Thompson stated
tomorrow morning the County Board of Supervisors will be requested to instruct the
Department of Animal Control to continue providing emergency service, pending finaliza-
tion of negotiations, and to instruct the County Counsel to draft an appropriate
agreement. He said the County has further indicated they would charge $38.37 per hour
for services, anticipating a minimum service of 50 hours a week regular service plus
emergency calls, and this would calculate to a minimum of $100,000 per year total
services; that under this arrangement the County would retain any amounts received for
the sale of animals or citations, while the City would supply the license collection.
He mentioned the City°s revenue would be approximately $91,000 to $96,000 depending on
whether the City keeps the impound fees.
Commenting on possible alternatives, Mr. Thompson stated discussions were held
this morning regarding a minimum tri-city operation. He said there is a possibility
the cities could form an ad hoc committee of one Councilman from each city to serve
as a policy and liaison board to keep the communications open. Also, Mr. Thompson
suggested a 30-day rental of the CAC facilities to allow the cities to explore the
possibility of a joint powers agreement; it would help determine more accurately the
financial position of the City after collection of the revenues that are still
uncollected; and would allow the City to make a final determination on exactly the
kind of organizational structure that would be needed to make plans for permanent
pound service. He pointed out if more cities were to come into the multi -city
operation, the cost would be less under the City operation than under an individual
contract basis with the County.
Mayor DiLoreto mentioned that this morning he and the City Manager attended a
meeting with the cities of Norwalk, Pico Rivera, and Seal Beach to discuss pound
services. He said during the meeting he expressed the concern of the Downey City
Council regarding entering into a joint powers agreement without having all of the
particulars worked out; he expressed concern that the City was not desirous of pur-
chasing the assets of CAC, particularly the dog runs; and he suggested the possibility
of renting part of the facilities if the cities agreed, which appeared to be acceptable.
Using the chalkboard, Mayor DiLoreto projected the City°s costs for animal control
services.
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Mr. Thompson indicated the County has advised it will not rent kennel space. He
also stated although it is possible a new facility will eventually be built, he feels a
joint powers agreement is the ultimate answer.
Mayor DiLoreto said he is sure there will be more than three cities involved
because no one seems satisfied with the County.
Mr. Thompson mentioned the preliminary figures submitted by the County are an
indication of what the new rates will be.
Mayor DiLoreto spoke in favor of a tri-city agreement.
A discussion was held regarding the effect a bankruptcy proceeding would have on
the lease of CAC's equipment.
Councilman Jennings disagreed with the tri-city concept and proposed going with
the County contract.
Councilwoman Scotto favored the tri-city service.
Mayor DiLoreto said a decision should be made tonight.
Questions were raised by Councilman Winton regarding rental of animal control
facilities for six months, and he inquired if the City had filed any legal action
against CAC to recover some of the funds.
Mr. Thompson replied no.
Councilman Winton commented he feels the County services have been very negligible
and the City could benefit by going to a tri-powers agreement instead of continuing
with the County. However, he said he is not satisfied with the workability at the
present time of the premise of the tri-powers program.
Mr. Thompson stated any agreement with the County would extend through December 31,
1975, and the second agreement would be at least through June 30, 1976.
Councilman Greene commented he agrees with Councilman Jennings and does not want
to rush into this program.
Mr. Thompson noted that CAC has collected from 46 to 48 percent of the fees due in
Downey, and the City will not be able to redeem itself unless it collects some of the
funds back from CAC, which will be difficult since CAC is facing bankruptcy. He pointed
out that if the City does go to the County, for the first year financially the City will
be much worse off than figures have indicated. Mr. Thompson stated further that there
does not have to be a final agreement approved this evening, but the City Council should
indicate which direction it might prefer.
Discussion followed.
City Attorney Sorensen advised that if the City wants to enter into an agreement
with other cities and with CAC it can be done and the liability limited to whatever
maximum term the Council decides upon; that if the City wants to enter into a joint
powers agreement with three cities or more, an authority could be formed, and the
authority could undertake the operation of an animal control service.
It was moved by Councilman Jennings and seconded by Councilman Greene to contact
the County and sign an agreement for animal control service until December 31, 1.975,
and that within that time the City proceed with a tri-city joint powers agreement and
approach it in an orderly manner.
Further discussion ensued.
Councilman Winton asked for a recess before calling the roll.
Mayor DiLoreto declared a recess at 6:20 p.m. The meeting resumed at 6:30 p.m.,
with all Council Members present.
Mr. Thompson reiterated the figures quoted by the County would be substantially
the same as of January 1 (1976).
Councilman Winton asked if there has been any discussion from other cities
interested in the joint powers agreement of observing the operation for 90 days to
determine what the possibility will be of forming a joint powers and building their
own facility.
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Mr. Thompson replied yes, there has been discussion with the other cities. He
said it was anticipated the rental period would be on a month -to -month basis and would
not be a long-term lease. He responded to further questions of the City Council.
Roll call voter
AYES: 3 Council Members: Winton, Jennings, Greene
NOES: 2 Council Members: Scotto, DiLoreto
It was moved by Mayor DiLoreto, seconded by Councilman Jennings, and passed by
the following vote that during the interim period the Council set up an ad hoc committee
for tri-city services to explore the possibility, and that the Mayor designate a member
of the City Council to serve on the committee.
AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto
It was moved by Mayor DiLoreto, seconded by Councilman Jennings, and passed by
the following vote that because of the vast amount of confusion created in the change
over from California Animal Control back to the County, the grace period be extended
for a period of 30 days penalty from October 1st to November 1st, and that appropriate
notices be sent out so people will not have to pay the penalty due to the uncertainty
in the next 30 days.
AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto
In response to a request by the Director of Finance regarding a $6,000 appropria-
tion, Mr. Thompson said this can be authorized when the contract is brought back to the
Council.
Mayor DiLoreto appointed Mayor Pro Tem Winton to serve on the ad hoc committee
Councilman Jennings inquired if the change in police uniforms at a decreased cost
will result in a decreased uniform allowance.
Mr. Thompson said the cost of the uniforms is more than the uniform allowance.
Councilman Jennings asked if the City's rubbish collector has submitted a request
for rate increase.
Mr. Thompson replied no.
Councilman Winton commented on the 700 to 900 dwellings lying idle in the 105
Century Freeway corridor which he said have required increased police patrol and expense
to the City for over a period of four years. He suggested the Council give thought re-
garding proposed legislation to delete that portion of the freeway through the City of
Downey and have enabling legislation, wherein the Department of Transportation by
eminent domain must give the City an opportunity to bring about a rehabilitation of that
area. Councilman Winton indicated he will be working with staff on constructive
legislation, he will seek a sponsor and attempt to have it initiated no later than
November of this year.
Mayor DiLoreto noted his office has received transcripts of hearings by the
Department of Transportation concerning the Century Freeway which he will be circulating
There being no further business to come before the City Council, the meeting was
adjourned at 7:03 p.m.
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Robert L. Shand, City Clerk -Treasurer Josef E. DiLoreto, Mayor
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