HomeMy WebLinkAboutMinutes-05-13-80-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MAY 13, 1980
T A B L E O F M I N U T E A C T I O N S
SUBJECT:
10-yr. Service pin to Charles Thompson,
City Manager
Hearing on proposed use of City's General
Revenue Sharing Funds for 1980-81
ACTION:
Closed; no further action
DIP #705, S/s Dinwiddie St. bet. Ryerson &
--- Rio Hondo Dr.: Auth. Dept. Community
Development to proceed & grant authority
to advertise for bids Approved
Removal of Items from Consent Calendar
CC #448, Alley Reconstruction N/o Second
bet. Rives & Smallwood, & N/o Fourth Pl.
bet. Rives & Smallwood: Accept
construction contract & maintenance
responsibility Approved
General Warrants: #182690 - 183259
#206923 - 206995
Approved
Parcel Map #12060, 7547 Quill Dr.:
Accept improvements f/maintenance
Approved
Minutes, Regular Meeting April 22, 1980
Approved as amended
CC #453, Activity Lighting for Furman
Park & Apollo Park: Auth. advertising
Approved
Resolution #3790, Accepting Offer of
_....... Dedication as Public Road of 20' Wide
Future Street lying Ely. of Paramount Bl.
& designated as Leeds St.
Adopted
Resolution #3791, Accepting Offer of
Dedication as Public Road of 20' Wide
Future Street lying Ely. of Paramount
B1. & designated as Leeds St. Adopted
Resolution #3792, Accepting Offer of
Dedication as Public Road of 30' Wide
Future Street lying Ely. of Paramount Bl.
& designated as Leeds St. Adopted
Resolution #3793, Opposing Proposition 11 -
Surtax on Business Income of Energy -related
Companies in California Adopted
Resolution #3794, Establishing Survey Area
f/Downey Redevelopment Proj. #2 Adopted deleting Exhibit 10
Resolution #3795, Establishing Survey Area
f/Downey Redevelopment Proj. #2
(Exhibit 10) Adopted
Resolution #3796, Directing Planning Comm.
in cooperatn. w/Redevelopment Agency to
assess feasibility & select redevelopmt.
proj. area from within survey area
designated by Res. #3794 & 3795 & to
formulate preliminary plan for the
redevelopment of selected project area Adopted
Resolution #3797, Apprvg. Program. Suppl.
#5 to City/State Agmt. #07-5334 for Const.
of Street imprvmts. re FAU Systems Act Adopted
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COUNCIL MINUTES, MAY 13, 19,80
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT: ACTION: PAGE NO.
Resolution #3798, amending 79-80 Manning
Table (re Programmers) Adopted 5
Resolution #3799, Apprvg. Appointment of
David Mark Morris to Recreation & Community
Services Comm. Adopted 5
CC #460, Roof Repair at Furman & Rio San
Gabriel Parks: Reject bids Approved 5
CC #454, Backstop Diamond #3, Rio San
Gabriel Park: Accept construction
contract & approve extra work $231 Approved 6
Downey Theatre Association - Request for
Allocation of Funds: Agmt. bet. City &
Assn. be amended to include items
discussed & set forth in memo of May 7th,
as modified by Council, & Mayor be
authorized to execute subject to staff
approval Approved 7
Revision to Subdivision Ordinance: City
Manager to meet w/Councilman Cormack Possibly set hearing next meeting 7
Public hearing on Appeal, Zone Change
Case #154, NE corner Lakewood & Gallatin
Set for May 27, 1980 7
Public hearing on Zone Change Case #156,
9240 Stewart & Gray Rd.
Set for May 27, 1980 7
Request of Downey Lions Club for Auction
Permit
Approved 8
Claims for Taxes Due under Provisions of
A13-8: Auth. City Attorney to enter into
Stipulation Agmt. on behalf of City to
settle lawsuit
Approved 8
Mandatory Motor Vehicle Inspection &
Maintenance Program - Position of
Automobile Club of So. Calif.
Approved & endorsed 8
New Sister City Valle San Quintin
Approved 8
Staff following up on citizen complaint re
property at 9904 Dacosta
8
Discussion re status of curbs & gutter on
Bixler & Downey Ave.
Staff to contact property owner 8
Eliminate Director of Community
Development position
Postponed to next meeting 9
Housing Rehabilitation Assistance Comm.
Staff preparing memo re filling
of two vacancies 9
City obtain flag (not white) to fly on
flag pole in front of City Hall until 50
hostages in Iran are either killed or
returned to United States
Approved 9
Council stand on endorsing construction
Of I-105 Freeway & instruct Caltrans
Council would like additional off -ramps in
City
Approved 9
Budget study session
Set for 6:00 a.m., May 21, 1979 9
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COUNCIL MINUTES, MAY 13, 1980
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT:
Resolution n3800, commending Mrs. Marjorie
Frisco as President of SE Lawyer's Wives
of L.A. County
Executive session re litigation
Meeting adjourned to 6:00 a.m., May 27, 1979
ACTION:
Adopted
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,
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MAY 13, 1980
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
May 13, 1980, in the Council Chamber of the Downey City Hall, Mayor Theodore H.
Jackman presiding.
PRESENT: Council Members:
Lyell W. Swearingen
Milton R. Mackaig Mayor Pro Tem
James T. Quinn
Robert G. Cormack
Theodore H. Jackman Mayor
ALSO PRESENT: Charles W. Thompson, City Manager
Royal M. Sorensen, City Attorney
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
John H. Saunders, Personnel Officer
Charles G. Eccleston, Traffic Engineer
Robert Brace, Civil Engineer
Richard Redmayne, Associate Civil Engineer
Harry Rayson, Senior Building Inspector
Carlos Mendez, Manager, Data Processing
Thomas Tincher, Housing & Redevelopment Coordinator
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend Tim Smith, Downey Nazarene Church.
The Flag Salute was led by Councilman Quinn.
PRESENTATIONS
Mayor Jackman presented a ten-year service award pin to Charles Thompson,
City Manager.
HEARINGS
Mayor Jackman opened the hearing to provide an opportunity for citizens of
Downey to present written or oral input on Proposed Use of the City's General
Revenue Sharing Funds for the 1980-81 Fiscal Year. He inquired if the City Clerk
had the Proof of Publication, and the response was yes.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so
ordered to receive and file the Proof.
Mr. Thompson explained General Revenue Sharing Funds are a block grant pro-
vided to cities without application and may be used for any purpose which the
General Fund may be used.
Mayor Jackman inquired if there was anyone present who wished to speak
regarding proposed use of the City's Revenue Sharing Funds for the 1980-81 Fiscal
Year.
Mr. Louis Bacaski, 7146 Dinwiddie, mentioned last year the City of Lakewood
Put in sidewalks and did not charge the taxpayers. He asked that some of the
Revenue Sharing Funds be used for sidewalks in the City of Downey. He referred to
Downey Improvement Project #705 for proposed sidewalks on Dinwiddie Street.
There being no one else wishing to speak, it was moved by Councilman Mackaig,
seconded by Councilman Swearingen, and so ordered to close the hearing.
No action was required by the Council.
Mayor Jackman opened the hearing on Downey Improvement Project #705, South
Side Dinwiddie Street between Ryerson Avenue and Rio Hondo Drive. He inquired if
the City Clerk had the Affidavit of Posting of Notice and Mailing, and the response
was yes.
Council Minutes 5/13/80 _1_
It was moved by Councilman Mackaig, seconded by Councilman Swearingen.,..and so
ordered to receive and file the Affidavit.
Mayor Jackman inquired if the City Clerk had received any written protests or
objections, and the City Clerk replied he had not.
Mayor Jackman then inquired if there was anyone present who wished to speak
in protest to the improvements.
Mr. Louis Bacaski, 7146 Dinwiddie, commented on the need for sidewalks on
other streets in his neighborhood. He pointed out he does not have the funds at
this time to put in the sidewalks. Mr. Bacaski cited the need for more street
lights on his street and either a crosswalk or stop sign at Ryerson and Dinwiddie.
Mr. Don Self, 7020 Dinwiddie, said he does not have the funds to put in the
sidewalk and wall on his property, but he would be interested in sharing funds.
There being no one else present to speak in protest, it was moved by Councilman
Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing.
Mr. Brace explained Chapter 27 proceedings were initiated as a result of re-
quests from some of the residents on the block to complete the remaining portion of
sidewalks. Approximately 73 percent of the sidewalks on that block have been
completed. The total cost of the project is estimated at $11,530, with the costs
varying from property to property because of the need for retaining walls at some
locations. When asked if the property could be graded back so retaining walls would
not be necessary, Mr. Brace replied it would be possible, however, it would have
to be done on private property with the consent of the owner.
Councilman Cormack inquired if the people have been asked if they want
sidewalks.
Mr. Brace replied the residents have received at least two notices.
It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed
by the following vote to authorize the Department of Community Development to pro-
ceed with Downey Improvement Project #705 and grant authority to advertise for bids.
AYES: 3 Council Members: Swearingen, Quinn, Jackman
NOES: 2 Council Members: Mackaig, Cormack
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Items VIII-A, Minutes of Regular Meeting, April 22, 1980, and VIII-C-1,
Cash Contract #453, were removed from the Consent Calendar.
CONSENT CALENDAR
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by the following vote to approve the Remainder of the Consent Calendar:
Cash Contract #448, Alley Reconstruction North of Second Street between
Rives and Smallwood Avenue, and North of Fourth Place between Rives and
Smallwood Avenue: Accept construction contract and maintenance responsi-
bility for improvements (Account #21-1-3963).
General Warrants: #182690 - 183259; #206923 - 206995: $1,193,312.09.
Parcel Map #12060, 7547 Quill Drive: Accept improvements for maintenance.
AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman
Minutes, Regular Meeting of April 22, 1980
Councilman Mackaig referred to Page 8 of the Minutes regarding the Council's
action authorizing staff to write a letter to Governor Brown in support of the
appointment of Commissioner Richard Cumming to the Downey Municipal Court. He said
that was amemded to send a telegram, and a telegram was sent.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so
ordered to approve the Minutes, Regular Meeting of April 22, 1980, as amended.
Cash Contract #453, Activity Lighting for Furman Park and Apollo Park
Council Minutes 5/13/80 -2-
Responding to questions, Mr. Neavill explained this project was approved by
the Council under the Capital Improvement Program at the beginning of the fiscal
year, and the source of the funding is the park in -lieu fund, Fund 40, which
contains fees paid by developers in lieu of dedicating park land for park usage.
These projects consist of providing security and activity lighting both at Furman
and Apollo Parks. In Furman Park, the lighting will be in the proximity of the
parking lot and children's play area. In Apollo Park, the lighting will be for
the children's play apparatus area, the parking lot, and one of the activity areas
close to the building. This should expand use of the park and prevent possible
cases of vandalism. This does not involve the project of night -lighted basketball
courts.
It was moved by Councilman Swearingen, seconded by Councilman Cormack, and so
ordered to grant authority to advertise activity lighting for Furman Park and
Apollo Park, Cash Contract #453 (Account n40-17132 & #40-17136).
ORAL COMMUNICATIONS (Items not on Agenda): None
RESOLUTIONS
RESOLUTION NO. 3790
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ACCEPTING OFFER OF DEDICATION AS A PUBLIC ROAD OF THAT
CERTAIN TWENTY -FOOT WIDE FUTURE STREET LYING EASTERLY
OF PARAMOUNT BOULEVARD AND DESIGNATED AS LEEDS STREET
The Resolution was read by title only. It was moved by Councilman Mackaig
and seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by the following vote to adopt Resolution No. 3790.
Councilman Cormack asked who will pay for the improvements.
Mr. Thompson explained the City Council approved a formula, whereby a certain
portion of improvement costs could be paid for in certain areas as part of the
City's Rehabilitation Program. For public improvements under the formula, 85
percent would be paid out of Housing & Community Development Act moneys, with'15
percent being assessed against the benefitting property owners. The percentage
would vary depending on the per family income status available through the Census
Bureau.
Councilman Cormack does not concur with the City approving an area where the
City or the property owner pays for the improvements, while in another area a pro-
perty owner is assessed according to his ability to pay.
AYES: 3 Council Members: Swearingen, Quinn, Jackman
NOES: 2 Council Members: Mackaig, Cormack
RESOLUTION NO. 3791
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ACCEPTING OFFER OF DEDICATION AS A PUBLIC ROAD OF THAT
CERTAIN TWENTY -FOOT WIDE FUTURE STREET LYING EASTERLY
OF PARAMOUNT BOULEVARD AND DESIGNATED AS LEEDS STREET
The Resolution was read by title only. It was moved by Councilman Mackaig
and seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by the following vote to adopt Resolution No. 3791.
AYES: 3 Council Members: Swearingen, Quinn, Jackman
NOES: 2 Council Members: Mackaig, Cormack
RESOLUTION NO. 3792
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ACCEPTING OFFER OF DEDICATION AS A PUBLIC ROAD OF THAT
CERTAIN THIRTY-FOOT WIDE FUTURE STREET LYING EASTERLY
OF PARAMOUNT BOULEVARD AND DESIGNATED AS LEEDS STREET
The Resolution was read by title only. It was moved by Councilman Mackaig
and seconded by Councilman Swearingen to waive further reading.
Council Minutes 5/13/80 -3-
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by the following vote to adopt Resolution No. 3792.
AYES: 3 Council Members: Swearingen, Quinn, Jackman
NOES: 2 Council Members: Mackaig, Cormack
RESOLUTION NO. 3793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
OPPOSING PROPOSITION 11 - SURTAX ON BUSINESS INCOME OF
ENERGY -RELATED COMPANIES IN CALIFORNIA
The Resolution was read by title only. It was moved by Councilman Mackaig
and seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to adopt Resolution No. 3793.
RESOLUTION NO. 3794
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING A SURVEY AREA FOR DOWNEY REDEVELOPMENT
PROJECT #2
The Resolution was read by title only. It was moved by Councilman Mackaig
and seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Mackaig and seconded by Councilman Swearingen to
adopt Resolution No. 3794. (See later motion.)
Mr. Tincher said this is the initial step that must be taken according to
State Redevelopment Law prior to actual formation of a specific redevelopment plan
and proposal that a project be established. This action would establish boundaries
of study areas within which the Planning Commission and Community Development
Commission, in cooperation with the Planning Commission, would assess the feasi-
bility of undertaking projects in those areas. It must be determined whether an
area would qualify as blight under the definition of State law; the financial
feasibility of a project; and the commitment the City would have to carry out a
replacement housing obligation and provide an appropriate relocation plan.
Councilman Mackaig asked about the approximate time it would take before a
project is established.
Mr. Tincher replied it would probably be a minimum of six months, and the
longest eight months.
Councilman Mackaig indicated he knows two or three people who are ready to
proceed with their projects, and he encouraged staff to get together with those
people as quickly as possible.
Mr. Tincher mentioned he has met the people who previously addressed the
Council and gone over their projects. He has asked them to meet with the developer
who the City has a negotiation agreement with. in this case, they have requested
special treatment by the City.
Mayor Jackman indicated that because of his interest in Subarea M, he will be
unable to vote on the Resolution, and he asked that Subarea M be deleted and voted
on separately.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to adopt Resolution No. 3794, deleting Exhibit 10 as
specified in Section 1 of the Resolution.
RESOLUTION NO. 3795-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING A SURVEY AREA FOR DOWNEY REDEVELOPMENT
PROJECT n2
The Resolution was read by title only, which pertains to Exhibit 10. It was
moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further
reading.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by the following vote to adopt Resolution No. 3795.
Council Minutes 5/13/80 -4-
s, --° AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack
ABSTAIN: 1 Council Member: Jackman
RESOLUTION NO. 3796
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DIRECTING THE DOWNEY PLANNING COMMISSION IN COOPERATION
WITH THE REDEVELOPMENT AGENCY TO ASSESS THE FEASIBILITY
AND SELECT A REDEVELOPMENT PROJECT AREA FROM WITHIN THE
SURVEY AREA DESIGNATED BY RESOLUTION NOS. 3794 AND 3795
AND TO FORMULATE A PRELIMINARY PLAN FOR THE REDEVELOPMENT
OF THE SELECTED PROJECT AREA
The Resolution was read by title only. It was moved by Councilman Mackaig
and seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and
passed by unanimous vote to adopt Resolution No. 3796.
RESOLUTION NO. 3797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING PROGRAM SUPPLEMENT NO. 5 TO THE CITY OF DOWNEY/
STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF STREET
IMPROVEMENTS PURSUANT TO THE FEDERAL AID FOR URBAN SYSTEMS
ACT
The Resolution was read by title only. It was moved by Councilman Mackaig
and seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to adopt Resolution No. 3797.
RESOLUTION NO. 3798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE 1979-80 MANNING TABLE
The Resolution was read by title only. It was moved by Councilman Mackaig
and seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by the following vote to adopt Resolution No. 3798.
Mr. Thompson explained the City has been unable to replace two upper level
positions in the Data Processing Division, and this Resolution would be lowering
one classification to allow the hiring of two people at a lower level. The costs
would be about the same. Instead of one Programmer Analyst and Senior Programmer,
there would be a Senior Programmer and two Programmers. This will give the City a
better availability of personnel. There are no longer any CETA training positions
in Data Processing.
Mr. Mendez commented on the duties of a Senior Programmer compared to the
Programmer position.
AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman
RESOLUTION NO. 3799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF DAVID MARK MORRIS TO THE
RECREATION AND COMMUNITY SERVICES COMMISSION
The Resolution was read by title only. It was moved by Councilman Mackaig
and seconded by Councilman Cormack to waive further reading.
It was moved by Councilman Mackaig, seconded by Councilman Cormack, and
passed by unanimous vote to adopt Resolution No. 3799.
CASH CONTRACTS
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by the following vote to reject bids on Cash Contract #460, Roof Repair at
Furman and Rio San Gabriel Parks (Account #21-17131 and #21-17133).
Council Minutes 5/13/80 -5-
Councilman Mackaig inquired regarding the difference between the $8,000
Engineer's estimate and the $16,000 and $25,000 bids received.
Mr. Brace replied it is felt the bids received are not reasonable and that the
Engineer's estimate was closer to the range of being right. He pointed out that a
number of contractors took out specs for the job but did not turn in a bid, and it
appears many of the small contractors were reluctant to bid on this because Revenue
Sharing Funds were involved requiring certified payrolls, which is a procedure they
are not familiar with.
Mr. Thompson stated staff would like to investigate the possibility of paying
for this kind of work out of different funds to lessen the requirements and then
use the funds elsewhere.
AYES: 5 Council Members: Swearinge, Mackaig, Quinn, Cormack, Jackman
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by the following vote to accept the construction contract and maintenance
responsibility for improvements under Cash Contract #454, Backstop Diamond No. 2,
Rio San Gabriel Park, and approve extra work in the amount of $231 (Account
#21-17134).
Councilman Mackaig suggested consideration be given to cementing the area
between the snack area and the backstop.
Mr. Neavill said this has been considered, and it is felt the work could be
done less expensively in-house. Funds are available, and the work will be done as
soon as staff time is available.
AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman
MISCELLANEOUS ACTIONS
Downey Theatre Association - Request for Allocation of Funds
Mr. Neavill explained a meeting was held last night with representatives of
the Downey Theatre Association board of directors, representatives of most local
cultural performing arts organizations, representatives from the City Council,
Recreation & Community Services Commission, and staff. The proposal presented to
the Council for consideration at this time is directly in compliance with the items
discussed at last night's meeting. As to the Equipment Rental Funds, the amount of
$15,000 already appears in the Budget, and the Finance Director recommends that the
action required is to amend the Budget, with the understanding the amount is
strictly a loan, being reimbursable to the City. The Fire Insurance item of $4,000
is also a budgeted item and has been paid by the City. The Finance Director feels
rather than a Budget amendment that the particular account involved is capable of
handling it and would only involve a matter of bookkeeping for charging that as an
account receivable to the City from future revenues of the Association. Mr.
Neavill indicated the specific action requested of the Council is to approve
supplemental appropriations for the Association operation and maintenance from
Unappropriated General Fund balance to Account #10-4-550-0010 in the amount of
$5,000 for maintenance, and to the same account with Sub -account #0700 in the amount
of $16,000 for operations.
Mrs. Jean Albrecht, treasurer of the Downey Theatre Association, outlined a
further request for Council consideration of increasing the operating expense from
$16,000 to $19,000
Councilman Mackaig does not want the maintenance work to be done by City per-
sonnel because it will involve a salary, plus fringe benefits. He feels the City
can hire someone to do the work and save the fringe benefits. He then indicated
he would like to have the $19,000 and $5,000 for maintenance loaned to the
Association so that the operating expense and maintenance could be handled the
same way as the Equipment Rental Fund and Fire Insurance Fund, with the Association
paying back the money if and when it can do so.
Mr. Thompson explained the $5,000 for maintenance would only be for the re-
mainder of the current fiscal year. With the City providing the maintenance, this
would relieve the Association of that responsibility and allow them to perform
management functions at the Theatre. Also, this would relieve the Association of
a cost item in the forming stages of the organization. If the Association proves
to be more financially able in the next year, there would be no reason why they
could not take back the maintenance of the Theatre.
Council Minutes 5/13/80 -6-
Mr. Neavill pointed out the maintenance worker provided by the City would be
for 40 hours a week, and the Association would still have to budget for some
casual maintenance on the weekends.
Councilman Jackman feels the maintenance of the Theatre should come under the
direct supervision of the City and should be maintained as a public building.
Councilman Mackaig said he will concur with a City maintenance man. However,
he feels the Association wants to do this on their own, and he would want the
motion for approval to allow the Association $19,000 plus $5,000 maintenance, but
on a loan basis the Association will have an opportunity to pay back.
Mr. Dale Hardeman, president of the Downey Theatre Association, agreed there
has been a problem with maintenance of the Theatre, and he concurs it would be
better if the City could maintain it.
Mr. John Barr, 10408 Samoline Avenue, raised questions regarding the proposal
for a Theatre trust fund and stated there should be a public hearing on this.
Mr. Sorensen stated that if the Council wants to approve the recommendations
indicated, it should direct staff to prepare modifications of the agreement to
reflect the changes and then bring it back.
Mrs. Albrecht stressed the need for Council approval of the request because
of commitments that must be taken care of in the near future.
Mayor Jackman indicated there is a need to amend the agreement because it is
in default. There are changes due to the elimination of some people involved when
the contract was first signed.
Mr. Sorensen stated that without an amendment to the agreement providing for
advancement of funds and specifying the terms upon which they are to be advanced
and paid, he does not think the funds should be advanced. This can be approved
and the Mayor authorized to sign, subject to staff approval, without it having to
come back to another meeting.
Discussion followed.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote that the agreement between the Downey Theatre Association
and the City be amended to include the items discussed and set forth in the
memorandum of May 7th, as modified by Council, and that the Mayor be authorized to
execute the agreement subject to staff approval.
Revision to Subdivision Ordinance
Mr. Sorensen said there is no statutory requirement that the Council conduct a
hearing, but there is nothing to preclude the Council from having a hearing on this
if it so desires.
Councilman Cormack indicated he was led to believe during his campaign that
in the I-105 Freeway corridor Downey had to replace or substitute homes for dis-
placed families and now he has learned it is only a suggestion, hope, and
recommendation.
Mr. Sorensen explained there is a consent decree relating to the I-105 Freeway,
and the replacement of housing is not an imposition on the City but is an imposi-
tion on the State relative to what it can do to clearing that area. The City of
Downey did not sign the consent decree --it was between the State, the plaintiff in
the action, and one of the other cities.
Councilman Cormack would like to have a hearing on Revision to the Subdivision
Ordinance.
Mr. Thompson indicated he will attempt to get together with Councilman Cormack
to discuss this prior to the next meeting. It was so ordered by the Mayor.
A public hearing on Appeal, Zone Change No. #154 Northeast corner Lakewood
Boulevard and Gallatin Road, was set for 7:30 p.m., May 27, 1980, in the Council
Chamber of the Downey City Hall.
A public hearing on Zone Change Case #156, 9240 Stewart & Gr
for 7:30 p.m., May 27, 1980, in the Council Chamber of the Downey
d, was set
Hall.
Council Minutes 5/13/80 -7-
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so
ordered to approve request of Downey Lions Club for Auction Permit.
CITY MANAGER'S REPORT
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and
passed by unanimous vote to authorize the City Attorney to enter into a Stipulation
Agreement on behalf of the City to settle a lawsuit regarding Claims for Tares Due
under Provisions of AB-8.
Mr. Thompson commented on the position of Automobile Club of Southern
California regarding Mandatory Motor Vehicle Inspection and Maintenance Program.
He pointed out that under the Federal Clean Air Act the State of California is re-
quired to have a program, and if a program is not set up, the Federal people will
set requirements for the State. The position of the Automobile Club on this issue
is substantially different from the mandatory inspection program.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to approve and endorse the position of the Southern
California Automobile Club.
Mr. Thompson commented on the Sister City Committee's request for the Council
to endorse the establishment of a new sister city relationship with Valle San
Quintin, whose Mayor and Mayor Jackman will be meeting in Ensenada on May 31st,
with all of the Council Members being invited. This, he said, would not remove
Guadalajara but would add Valle San Quintin as an additional sister city.
It was moved by Councilman Swearingen, seconded by Councilman Cormack, and
passed by unanimous vote to approve new Sister City Valle San Quintin.
Mr. Thompson explained the Council has received a report in response to a
citizen complaint last meeting concerning the property at 9904 Dacosta. This
will be followed up, and the gentleman will be advised of the status.
ORAL COMMUNICATIONS
Councilman Swearingen inquired regarding the status of curbs and gutter on
Bixler and Downey Avenue. He mentioned he received a call from Mr. Frank Dominguez
who indicates he has had several meetings with staff but nothing has been done.
Mr. Tincher outlined the work which has been done by staff on this and noted
efforts have been made in the past several weeks to contact the two property
owners who did not sign the petition.
Staff will contact Mr. Dominguez regarding the status on this matter.
Councilman Swearingen said he has been critical of the position of Director of
Community Development, and at this time he would like to eliminate it. He then
moved to eliminate the Community Development Director position. The motion was
seconded by Councilman Quinn.
Mr. Thompson suggested before taking action that the Council might want to
study it. He pointed out if this position is eliminated it will be putting him in
a position of having to coordinate and personally direct the activities of four
additional departments.
Councilman Cormack made a motion to table, inasmuch as he does not have enough
information to act on this matter tonight.
Mayor Jackman concurred and said he feels all of the Council Members should
have the opportunity to discuss it and review it. He is not about to vote to
eliminate a vital position without more knowledge.
Councilman Cormack stated a motion to table is not debatable, and he asked
the City Attorney if there is some form of procedure used by the Council.
Mr. Sorensen advised that to the best of his recollection, the Council has
never specifically adopted formal rules and regulations, although it has been dis-
cussed. Procedures have been established by the City Council over the years by
habit and custom. The Council has the authority to adopt Roberts Rules of Order
or any other formalized procedure. He did concur that a motion to table is not
generally a technically debatable item.
Council Minutes 5/13/80 -8-
The motion to table was seconded by Mayor Jackman, with the following vote
taking place.
AYES: 2 Council Members: Jackman, Cormack
NOES: 3 Council Members: Swearingen, Mackaig, Quinn
The motion to table failed.
Mr. Thompson asked if the Council would be willing to give him time to submit
a report showing some of the problems that could be caused by this action. He
commented on the necessity of coordination of departments and noted that the
organization of the City is now already so thin. The Community Development Depart-
ment is a consolidation of three divisions performing functions ongoing in a
community development area, and these need to be coordinated. The divisions were
originally consolidated because there was no coordination on the various community
development operations. This action would be making his job much more difficult.
Mayor Jackman feels the Council should have the right to study the situation
before voting on it.
It was moved by Councilman Cormack, seconded by Mayor Jackman, and passed by
the following vote to postpone action until the next regular meeting.
AYES: 3 Council Members: Quinn, Cormack, Jackman
NOES: 2 Council Members: Swearingen, Mackaig
Councilman Mackaig stated he spoke with Mr. Holmes, a member of the Housing
Rehabilitation Assistance Committee, who advised there was not a quorum at the
last Committee meeting. He,said he was asked to bring this to the Council so that
the Committee could be brought to full membership.
Mr. Tincher explained there are two vacancies, one of which was a recent
resignation by Mr. Mike Huggins, although it is possible he still may be interested
in remaining on the Committee. Staff is preparing a memo for the council's con-
sideration next meeting for making two appointments.
It was moved by Councilman Mackaig,
by unanimous vote that the City obtain a
flag pole in front of City Hall until th
returned to the United States.
seconded by Councilman Quinn, and passed
flag, any color but white, to flv on the
It was moved by Councilman Quinn, seconded by Councilman Cormack, and passed
by unanimous vote to take another stand on endorsing construction of the I-105
Freeway and to instruct Caltrans that the Council would like additional off -ramps
in the City of Downey.
Councilman Cormack asked if there is any action the Council can take to give
the Police support in prohibiting male striptease in the City of Downey.
Chief Martin replied the City has sufficient ordinances on this.
Mr. Thompson said the proposed Budget for Fiscal Year 1980-81 will be pre-
sented to the Council at its meeting of May 27th, and he suggested the Council set
some Budget study sessions.
A Budget study session was set for 6:00 a.m., May 21, 1980.
Councilman Mackaig noted that on Friday, May 23rd, the Southeast Lawyer's
Wives will be having a dinner, and Marge Frisco will be installed as president.
At his request, the following honorary Resolution was adopted by unanimous vote
of the Council.
RESOLUTION NO. 3800
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
COMMENDING MRS. MARJORIE FRISCO AS PRESIDENT OF THE
SOUTHEAST LAAYER'S WIVES OF LOS ANGELES COUNTY
Mrs. Signe Van Hoeven, 8533 East Donovan Street, complimented the Council for
its support to the Society for Independent Living. She commented on an open
house held last Friday. She urged further Council support of the organization and
and said the senior citizens will be helping them also.
Council Minutes 5/13/80 -9-
At 9:53 p.m., Mayor Jackman recessed the meeting to executive session to
discuss pending litigation. The meeting resumed at 10:30 p.m., with all Council
Members present.
At 10:30 p.m. the meeting was adjourned to 6:00 a.m., May 21, 1980, in the
Council Chamber of the Downey City Hall.
Tz�erbBert LDS and —City Clerk -Treasurer
Council Minutes 5/13/80 -10-