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HomeMy WebLinkAboutMinutes-12-11-79-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECE?'BER 11, 1979 T A B L E O F M I N U T SUBJECT: Award of recognition to Mr. Bob Bird - Service Awards to Police Officers 15-yr. Service Award to Robert Shand Resolution #3743, Finding public convenience & necessity require Imprvmt. of Leeds St. (AD 120) Improvement of Leeds St.: Take remaining Resolutions under submission Minutes, Adj. Reg. Mtg, November 28, 1979 Rejection of Legal Claim: Ref. #450 S.S. Proj. #348, Gutter Const. on Otto St. & Lester£ord Ave.: Plans & specs. & auth. Dept. Comm. Dev. advertise for bids A C T I O N S ACTION: PAGE NO. 1 Adopted 2 Approved 2 Approved 2 Approved 2 Approved 2 General Warrants: #179404 - 179625 4206384 - 206434 Approved 2 Mrs. Maria D'Orazio requested use of Downey Mr. Neavill to check on commitment Theatre rent-free for proposed children's of City -School days at Theatre; theatre production as memorial to daughter suggested contacting Theatre Assn. 2 Ordinance #611, amending Sec. 4556 DMC re Religious Solicitations Adopted 3 Ordinance #612, amending DMC adding Sec. 4509 re Charitable Solicitations Adopted Resolution #3744, amending Management - Supervision Pay Plan for 1979-80 (re Traffic Engineer) Adopted Actuarial study for possibility of joining Independent Cities Risk Management Auth.: Commitment of City to expend up to $2,000, charged to Liability Insurance Fund Approved Rental Rates & By -Law Changes as proposed by Downey Theatre Assn. Mrs. O'Orazio requested reasonable Theatre rates for local groups Paramount County Water Dist. Acquisition: Transfer of funds SCAG request for L.A. County cities to adopt their forecasts of population Housing Comm. for I-105 Freeway: Apptmt. of Tom Tincher Status of Downey Community Hospital Electric car displayed by HUD at Nat'l. League Convention County Counsel reviewing allocation of bail -out funds Executive Session Approved Suggested she attend next meeting of Ed.'. Dir. of Theatre Assn. Approved To be placed on next Agenda Approved Discussion Cn. Greene suggested investigating Settlement of damage claim - Zumaris Authorized Page 1 of 1 3 3 3 3 4 4 4 4 4 4 5 5 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 11, 1979 The City Council of the City of Downey held a regular meeting at 7:30 p.m., December 11, 1979, in the Council Chamber of the Downey City Hall, Mayor Kenneth J. Miller presiding. PRESENT: Council Members: Milton R. Mackaig - Theodore H. Jackman Mayor Pro Tem Lyell W. Swearingen William L. Greene Kenneth J. Miller Mayor ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Howard Stup, Director of Community Development William A. Ralph, Director of Public Works Ronald W.:Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis,', Fire Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer John H. Saunders, Personnel Officer Thomas Tincher, Housing & Redevelopment Coordinator John Thomason, Risk Manager Robert L. .Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary - The Invocation was delivered by Councilman Jackman. The Flag Salute was led by Councilman Greene. PRESENTATIONS Mayor Miller, assisted by Mr. Ned Young, presented an award of recognition to Mr. Bob Bird for his service during the Downey Bicentennial as a member of the Second Century Foundation. Mr. Bird offered his continued service to the City in whatever capacity he might serve. Mayor Miller announced his priviledce, as Mayor, to present a ten-year service award to his son, Michael, a Downey Police Officer He then introduced his wife, Melba, Michael's wife, Diane, and Diane's daughter, Raeanne. With the assistance of Police Chief Martin, Mayor Miller presented service awards to the following Downey Police Officers: Don Bray (20 years) Michael Miller (10 years) David Wright (10 years) Ray Gutierrez (10 years) With the assistance of Mayor Pro Tem Jackman, Mayor Miller presented a 15-year service award to City Clerk Robert Shand. HEARINGS Mayor Miller opened the hearing on the Improvement of Leeds Street, pursuant to Division 7 of the Streets and Highways Code of the State of California (the Improvement Act of 1911). He inquired if the City Clerk had the Affidavits, and the response was affirmative. It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to receive and file the Affidavits. Mr. Henriksen gave a brief summation of the proposed work, citing the esti- mated total cost of the district, including construction, engineering, utility relocation for poles, and incidental fees, at $107,400. Of this, he said, the Council previously approved the contribution of 85 percent from Block Grant Funds with the remaining 15 percent being assessed to the property owners in proportion to the benefits received. Council Minutes 12/11/79 -1- Mayor Miller inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. There being no one present to speak in behalf of the improvement of Leeds Street, it was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to close the hearing. Mr. Sorensen advised it would now be appropriate for the Council to adopt the Resolution finding that the public convenience and necessity require the improvement of Leeds Street. When asked if this would be necessary even if the Council desired to take this matter under submission, he replied yes, although the other Resolutions could be held at this time. RESOLUTION NO. 3743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE IMPROVEMENT OF LEEDS STREET IN THE CITY OF DOW14EY (AD 120) The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3743. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to take the remaining Resolutions on the Improvement of Leeds Street under submission. CONSENT CALENDAR It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to approve the Consent Calendar: Minutes, Adjourned Regular Meeting of November28, 1979. Rejection of Legal Claim: Ref. #450, Ray R. Negrete. S.S. Project #348, Gutter Construction on Otto Street and Lesterford Avenue: Plans and specifications and authorize the Department of Community Develop- ment to advertise for bids (Account #26-16220). General Warrants: #179404 - 179625; #206384-'206434: $682,219.25. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller ORAL COMMUNICATIONS (Items not on Agenda) Mrs. Maria D'Orazio, 9115 Gainford, addressed the Council regarding a pro- posed children's theatre production at the Downey Community Theatre as a memorial to her daughter, who passed away last summer. She said a memorial fund has been deposited with the Downey Savings & Loan, and she and her husband have agreed to match that amount in order to fund the production free of charge to school age children. Mrs. D'Orazio requested that inasmuch as the production is to be free of charge, would it be possible to use the Theatre, rent free, on one of the days_ the City has allotted for school use. Mr. Neavill stated the agreement provides the City and School District have a total of 45 free week days or week nights, and he would have to check to see if those dates are committed, although to the best of his recollection he feels they are. He suggested the Downey Theatre Association be contacted to see if there are some particular weeknight dates that might not otherwise be sold, and to consider allowing free use or reduced rate use of the Theatre for the children's production. Mrs. D'Orazio explained it is hoped to have the production next spring, and it is her understanding the last children's production prior to Proposition 13 was a large musical and cost about $10,000. She said since it is possible the memorial fund may not amount to much more than $5,000, which is half the amount needed for a large production, then a smaller play of lesser quality would have to be chosen. She was asked to work with Mr. Neavill on this. Council Minutes 12/11/79 -2- ORDI17ANCES ORDINANCE NO. 611 AN ORDINANCE OF THE'. CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4556 OF THE MUNICIPAL CODE RELATING TO RELIGIOUS SOLICITATIONS The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded.by Councilman Mackaig, and passed by unanimous vote to adopt Ordinance No. 611. ORDINANCE NO. 612 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY. MUNICIPAL CODE BY ADDING SECTION 4509 RELATING TO CHARITABLE SOLICITATIONS The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to adopt Ordinance No. 612. RESOLUTIONS RESOLUTION NO. 3744 A RESOLUTION OF THE CITY COUNCIL OF THE CITYOFDOWNEY AMENDING THE MANAGEMENT -SUPERVISION PAY PLAN FOR 1979-80 The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3744. MISCELLANEOUS ACTIONS It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve commitment of the City to expend up to $2,000 for an actuarial study for the possibility of joining the Independent Cities Risk Management Authority. The expenditure would be charged to the Liability Insurance Fund. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to approve the recommendation of the Recreation & Commu- nity Services Commission and staff for Rental Rates and By -Law Changes as proposed by the Downey Theatre Association. Mrs. Maria D'Orazio, 9115,Gainford, Vice President of the Downey Civic Light Opera, commented on the success of the Civic Light Opera since it decided to operate on its own without assistance from the City. She also discussed the assistance the Civic Light Opera has given to the Downey Theatre Association in the way of advancing funds and providing an employee to work in the box office. Now, Mrs. D'Orazio said, the Association proposes raising the commercial rate from $535 to $550, an increase of $15 per day, and the non-commercial rate for local groups from $335 to $550, an increase of $215 per day. She questioned whether the local groups would be able to continue, and she asked if allowances could be made so that the local groups can continue at a reasonable rate, particularly by not taxing them for overtime after four hours use of the Theatre. Councilman Greene asked if the Downey Civic Light Opera has a member on the board of directors of the Downey Theatre Association. Mr. Neavill replied no, but they area member of the Downey Association of Fine Arts. Mrs. D'Orazio asked if any reference has been made to helping the local groups overcome the tremendous rate increase. Mr. Neavill replied he had approached the president of the Downey Theatre Association and manager of the Theatre asking for clarification of this point, and Council Minutes 12/11/79 -3- "2 it is his understanding their intent is that local non-profit organizations plan- ning to use the Theatre on a consistent basis with ',a number of performances would approach the board of directors and ask for some special consideration. If satisfaction is not reached, then he would assume the local groups could appeal to the Council. It was suggested that Mrs. D'Orazio attend the next meeting of the board of directors of the Downey Theatre Association. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to transfer $9,000 from Fund 51 Fund Balance to Account #51-1-8612 for Paramount County Water District Acquisition. CITY MANAGER'S REPORT Mr. Thompson reported on receipt of a letter from SCAG requesting cities in Los Angeles County to adopt their forecasts of population, which is in lieu of a mandate for the State to set the forecasts. He indicated the forecasts are the basis for establishing funding for certain sanitation grants, water reclamation programs, etc. He said the forecast which SCAG has set for this area, including Downey, is in line with the City's forecasts for the next decade. This will be included on the next Council Agenda. Mr. Thompson then requested an executive session on a legal claim. Mr. Thompson commented on a call received from the office of the Executive Director of the Housing Committee for the I-105 Freeway informing him that Downey should appoint one additional member. He indicated he was also informed that an agenda and supporting material would be sent for the committee's meeting of December 19th, but to date nothing has been received. Councilman Jackman is the SCAG appointee representing the corridor cities, and the City's appointee can be a staff member to work with Councilman Jackman on this. He recommended Mr. Tom Tincher as the staff member to fill this position. Councilman Jackman concurred with the recommended appointment of Mr. Tincher to work with him on this program. He noted that to date, he has received no material for the forthcoming meeting. It was moved by Councilman Greene, seconded by Councilman Swearingen, end passed by the following vote to appoint Mr. Tom Tincher as theotherappointee to the I-105 Freeway Committee. AYES: 4 Council Members: Jackman, Swearingen, Greene, Miller NOES: 1 Council Member: Mackaig ORAL COMMUNICATIONS Councilman Mackaig inquired about the status of the Downey Community Hospital. Mr. Thompson replied he has contacted the Hospital, and it was indicated to him the Hospital had a draft of the agreement from its attorney, which would be delivered to him, but he did not receive. He subsequently contacted the Hospital Administrator again about the agreement and was advised today the draft agreement is being reviewed by Hospital staff and should be forwarded to the City tomorrow. Mr. Thompson explained the draft agreement is the result of a meeting between him- self, the City Attorney, the Hospital Administrator, and the Hospital attorney in an effort to develop points of understanding on the lease as to how it would be interpreted and to resolve this particular issue. Pointing out that the Hospital is operating without an approved budget, Councilman Jackman asked if the City is setting a precedent and whether the City is ignoring the alternatives and its reponsibility to the Hospital operation. He feels it should be brought out publicly that in the City's opinion, the Hospital --- has violated the lease agreement. Councilman Greene commented on the electric car displayed by HUD at the National League Convention. He suggested it might be worth investigating. Mr. Sorensen advised the County Counsel is reviewing the allocation of bail -out funds. Council Minutes 12/11/79 -4- w At 8:31 p.m., Mayor Miller recessed the meeting to executive session to discuss a legal claim and the ,Hospital agreement. The meeting resumed at 8:57 p.m. with all Council Members present. It was noted that in executive session the Council authorized liability settlement on the damage claim of Rebecca Marie 2umaris. The meeting was then adjourned at 8:57 p.m. :Z IX'I Robert L. Shand, CiEy�-Treasurer Kenneth J. Mill , Mayor Council Minutes 12/11/79 -5-