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HomeMy WebLinkAboutMinutes-10-28-80-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 28, 1980 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION Proposed Amendment to DMC - Comprehensive Zoning Ordinance re Conversion of Apartments Hearing closed; study session to Condominiums set for November 5, 1980 Police Permit to conduct dances @ Jammer's Junction: Suspend permit for dance license until 11/25/80; that Mr. Darrow agree not to operate facility during that time; & on that Approved; hearing continued to condition hearing will be continued to 11/25 November 25, 1980 Minutes: Reg. Mtg., October 14, 1980 Approved Corres. from Ronald C. Hansen re Obstruction in Parkway @8549 Otto St. See action, Page 7 Rejection of Legal Claim: Ref. #491 CC 4449 & #450, Independence & Wilderness Parks - Site Development: Plans & specs & auth. to advertise f/bids General Warrants: #186194 - 186615 #207517 - 207565 Request for maint. of Police vehicles to be re -opened for bids Doctors' protests re closure of Iowa St. Approved Approved Approved City Manager to report back Ord. #633, Apprvg. & Adopting Redevelopmt. Plan Amndmt. #2 for Downey Redevelopmt. Proj. Area as Official Redevelopmt. Plan f/such Proj. Area Adopted Ord. #634, Auth. Reimbursement of Certain Minimum Expenses incurred by Ea. Member of City Council & Repeal Ord. #529 Ordinance establishing Cultural Arts Fund Ord. providing f/Granting of Franchises for Cable Television Systems Ord. amending DMC Adding Sec. 9166.05 re Conditional Use Permits Adopted Withdrawn; to be introduced at a later date Introduced Referred to a study session Res. #3882, Accepting 23' Wide Portion of Offer of Dedication of 30' Wide Future Street lying Sly. of Orange St. & designa- ted as Orizaba Av. Adopted Res. #3883, Apprvg. Proposal f/Add'l. Police Security Patrol in I-105 Future Freeway Area w/State Dept. Transportation Res. re Tape Recordings of Council Meetings Res. #3884, Apprvg. Apptmt. of Harry Taormina to Parking Place Comm. Dist. 4 CC #460A, Roof Repair @City Hall & Parks: Reject bids rec'd. & auth. expenditure of $2,000 f/repair of Civic Center Bldgs. Adopted Referred to executive session (see Res. #3885 adopted Pg. 8) Adopted Approved PAGE NO. 1 2 3 3 3 3 3 3 3 4 4 5 5 5 5 5 5 5 Page 1 of 2 COUNCIL MINUTES, OCTOBER 28, 1980 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Violation of DMC Sec. 7101.47 - Obstruction in Parkway at 8549 Otto St.: Motion to grant encroachment permit Failed Lease Agmt. for "Old Fire Station #1" at 11435 So. Downey Av. w/SE Council on Alcoholism & Drug Problems, Inc. (SCAD): Auth. City Manager to execute Approved Appointments of.Pat Hooten & James Hess to Downey Theatre Association Approved Phase II of Project to Update & Consolidate City's Telecommunication System: Auth. contracting w/Communications Resources Co. f/developing specs & plans for competitive bidding process Approved Present Res. on 11/22 to Judge Richard Cumming, who will be enrobed as Downey Municipal Judge Change in school system - Master Plan for services to Youth Discussion re executive sessions Joint executive session w/Community Dev. Comm. re litigation & matter of possible litigation Res. #3885, Adopting Regulations Governing Tape Recordings of Council Meetings & Rescinding Res. #3875 Res. #3886, Auth. Destruction of Certain Public Records (Council tapes may be transferred to Downey Historical Society if they desire them) Meeting adjourned to 4:30 p.m., November 5, 1980 Resolution to be prepared for next meeting Resolution to be prepared for next meeting Adopted Adopted PAGE NO. 7 7 7 7 7 7 8 8 8 8 8 Page 2 of 2 G G %/ MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 28, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 28, 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 Harald J. Henriksen, City Engineer Martin Mayer, City Prosecutor Ken Stewart, Senior Building Inspector John Saunders, Personnel Officer John Thomason, Risk Manager Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend James Piper, Downey Memorial Christian Church. The Flag Salute was led by Councilman Swearingen. HEARINGS Mayor Jackman opened the hearing on proposed Amendment to the Downey Munici Code - Comprehensive Zoning Ordinance regulating the Conversion of Apartments to Condominiums. He inquired if the City Clerk had the Proof of Publication, and t response was yes. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Mr. Goggin reported on the proposed ordinance, which he said was approved by the Planning Commission following a series of meetings and study sessions. The ordinance affects the R-1, R-2, R-3, industrial, and commercial zones. He stated it is felt the ordinance is fair and equitable for the conditions and problems in the City of Downey. Mr. Goggin pointed out the moratorium on apartment conversion expires January 22nd and said it is important the ordinance be adopted the first meeting in December so that it will be effective prior to the expiration of the moratorium. It is recommended after the Council hears those persons who wish to speak, that the hearing be adjourned to a study session. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak to the proposed Code amendment, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. A study session was set for 4:30 p.m., November 5, 1980. Mayor Jackman opened the hearing to determine whether the Permit of William E. Darrow to Conduct Public Dances at 11010 South Paramount Boulevard should be allowed. He asked if the City Clerk had received any communication on this matter. Mr. Shand replied that prior to the Council Meeting, Mr. Krogstad presented a petition signed by a variety of citizens supporting Jammer's Junction. He was also handed a letter dated October 27th from a Special Agent in Drug Enforcement Administration to Mayor Pro Tem Mackaig regarding William Darrow, owner of Jammer's Junction. Council Minutes 10/28/80 -1- r.6� -,�_, Mayor Jackman asked the Police Chief to take over the hearing and present the case to the City Council. Mr. Kenton E. Krogstad, business address 3323 Tweedy Boulevard, South Gate, said he represents William Edward Darrow, the licensee in this matter, and they are not prepared to go forward tonight. He explained he was retained by Mr. Darrow on October 13th, but due to his busy schedule has been unable to prepare for the hear- ing. Mr. Krogstad commented on his letter to the City Clerk dated October 20th, wherein he explained the possibility he would not be ready for the hearing and requested specific details regarding the proposed revocation of Mr. Darrow's permit. He subsequently received a hand -delivered letter from the Police Chief containing an outline of the charges involved. Mr. Krogstad mentioned he drafted a petition containing 500 signatures, over 250 of which are residents of Downey, supporting Jammer's Junction and retention of Mr. Darrow's permit. He requested the Council to grant a 30-day continuance of the hearing, and in the interim, he hopes to prove to the City that Mr. Darrow can run a good operation. Responding to a question, Mr. Sorensen explained that if the hearing is con- tinued, the operation would still continue. At the time of the hearing, if it is determined a violation still exists, the Council has the alternative to either revoke the permit, sustain it until certain things are done, or allow the operation to continue. Mr. Krogstad requested copies of the police reports involving the alleged criminal actions in this matter. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to grant a delay to November 25, 1980. Councilman Cormack feels there has been adequate time to prepare for the hear- ing and that the Council should be concerned for the people in the neighborhood. He thinks the permit should be revoked and then if it is proven they can be "good neighbors" to allow them to reapply for the permit. He stated he is bitterly opposed to the continuance. Councilman Quinn concurred and feels the business should be closed until the owner has proven himself. Mr. Sorensen advised that the determination as to whether the business is closed would rest upon whatever evidence is introduced. The only matter before the Council is the question of whether a continuance should be granted. Chief Martin feels proper notice was sent on September loth with enough charges specifically mentioned in that letter, and he has indicated to Mr. Krogstad he would not be in favor of a continuance. AYES: 2 Council Members: Swearingen, Mackaig NOES: 3 Council Members: Ouinn, Cormack, Jackman Failed. Following a suggestion to revoke the license for 30 days and give the attorney an opportunity to prepare the case, Mr. Sorensen stated if the Council wishes to take that action, it should be on condition that Mr. Darrow, through his attorney, agrees to suspension of the license during the period the matter is continued, and he would not operate during that time. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to suspend the permit for a dance license until November 25, 1980, and that Mr. Darrow agree not to operate the facility during that time, and on that condition, the hearing will be continued to November 25, 1980 - Mr. Sorensen stated this means Mr. Darrow cannot reopen the business until after conclusion of the hearing and action by the Council. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman NOES: 1 Council Member: Cormack Mr. Krogstad stated his client agrees to the suspension through November 25th. He then expressed shock that following retention by Mr. Darrow he did not have enough time to prepare the case properly without Mr. Darrow losing his license in the interim. He inquired about making the suspension effective at 2:00 a.m, this morning (October 29th). Council Minutes 10/28/80 -2- Mr. Sorensen stated that if the Council approved revocation of the permit, it would not be in effect until "tomorrow." Addressing the comments made by Mr. Krogstad concerning his "shock," he said notice went out on September 10th, and it is entirely discretionary on the part of the Council whether it continues the hear- ing or not. However, he does not believe the Council should be censored for taking the action it did. Mrs. Kenneth Ferraro, 7900 East Fourth Place, said the residents do not want a continuance of the problems in the neighborhood. She was advised it would not be appropriate to make her comments at this time since the hearing has been continued. The petition and letter submitted by Mr. Krogstad were returned to him to be entered into record of the hearing on November 25th. CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the Consent Calendar: Minutes: Regular Meeting, October 14, 1980. Correspondence from Ronald C. Hansen concerning Obstruction in Parkway. (Includes request to address Council. See Miscellaneous Actions, Page 6.) Rejection of Legal Claim: Ref. #491, Miriam Segan. Cash Contract #449 & #450, Independence and Wilderness Parks - Site Development: Plans and specifications and authority to advertise for bids (A/C #27-17100 and #27-17119). General Warrants: #186194 - 186615; #207517 - 207565: $922,145.05. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman ORAL COMMUNICATIONS: Items not on Agenda Mr. Mike Burns, General Manager of Downey Dodge, 9655 Firestone Boulevard, said for years he has had the opportunity to sell the City of Downey police auto- mobiles. Up until a year ago they also serviced the automobiles. It is his understanding the contract with the people who are currently servicing the automobiles has expired, and he recommended the maintenance of police vehicles be re -opened for bid. Mr. Thompson indicated it is his belief this is under study and will be coming up for bid. He was instructed to come back with a report to the Council. Dr. J. Elder Bryan, business address 11411 Brookshire Avenue, speaking on be- half of patients, doctors who practice at Brookshire Medical Building, and staff of the Downey Community Hospital, requested the Council to re -open hearings on the closure of Iowa Street with adequate notification to all concerned of the date of hearing and if necessary to re -open the entire Redevelopment Project to public hearings with adequate written notice to all residents of Downey. Dr. Clyde Morris, 11411 Brookshire, Avenue, feels the closure of Iowa Street would compound the existing problems with the entrance and exits to the Brookshire medical facility. Many of the patients who use the facility are elderly. He com- mented on problems exiting the parking lot and suggested Iowa Street be widened. Mr. Thompson pointed out that the closure contemplated in the Redevelopment Plan does not close off access to the medical building via Iowa Street. Iowa would remain open south of the Brookshire Medical Building and into the parking lot. There would still be the availablity of access via Dolan for emergency equipment. Dr. Leonard Burton, business address 11411 Brookshire Avenue, went on record as opposing the closure of Iowa Street and commented on the difficulty it would be for the elderly to exit from the medical facility onto Brookshire, noting it is already difficult to cross Brookshire to the Downey Community Hospital. Mayor Jackman explained that a number of months ago there was a hearing on the Redevelopment Plan, which was held up pending input from doctors of the Brookshire Medical Building to make a proposal they wished to make, and there were no comments on the closure of Iowa Street. He questioned why this has suddenly come about. Dr. Burton replied they did not receive any communications from the Council. Council Minutes 10/28/80 -3- 6 G Mr. Thompson noted the Council has not conducted a hearing on the closure of Iowa Street but did hold a hearing relative to the Redevelopment Plan which calls for the closure of Iowa Street. He said at that time, owners or people in control of the Brookshire Medical Building were represented by counsel and the plan was held open for several weeks. An architect contacted staff and indicated he was making studies on behalf of some members of the Brookshire Medical Group, but nothing was ever submitted to the Council. The hearing was then closed, and follow- ing that, the Council indicated it would enter into a contract for development of the tract of land south of Iowa Street. Dr. Burton suggested there is a conflict of interest and said the people involved were not notified in writing. Dr. Ken Ferraro, 11411 Brookshire Avenue, said he is a lessee -tenant of the building and is opposed to the closure of Iowa Street. Councilman Swearingen inquired about the possibility of notifying all citizens when a matter is being considered by the Council. Mr. Thompson explained notifications and legal publications are done according to law, and notifications go to owners of property. Presumably the owners notify their tenants, but if they do not, the City would not be aware of it. Councilman Cormack concurred with Councilman Swearingen and thinks the City has an obligation beyond what the law requires. Dr Mary Stauffer, 11411 Brookshire Avenue, is interested in Iowa Street remaining open. Dr. J. Elder Bryan presented letters signed by doctors opposing the closure of Iowa Street, as well as a record of a meeting attended by medical staff of the Downey Community Hospital, wherein he said a unanimous vote was taken to keep Iowa Street open between Brookshire and Downey Avenues. Dr. Bryan requested the Council to reconsider the closure of Iowa Street and to give adequate notice to all concerned. Mr. Thompson commented on a traffic study and explained counters were placed on Friday, Saturday, Sunday, and Monday to pick up through traffic on Iowa Street. The average daily count was around 1500 automobiles, which is lighter than most residential streets. The high was 1873 and the low was 716. It was a representa- tive count because it included the end of a week, the beginning of a week, and a weekend. Dr. Loren DeWind, business address 9818 Paramount Boulevard, supported previous remarks and stated that having been Chief of Staff at Downey Community Hospital, as much access as possible is needed to the Hospital in view of plans for enlargement. Mayor Jackman declared a recess from 8:50 p.m. to 8:58 p.m. The meeting resumed with all Council Members present. ORDINANCES ORDINANCE NO. 633 AN ORDINANCE OF THE COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING REDEVELOPMENT PLAN AMENDMENT NO. 2 FOR THE DOWNEY REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to adopt Ordinance No. 633. AYES: 4 Council Members: Mackaig, Quinn, Cormack, Jackman ABSTAIN: 1 Council Member: Swearingen ORDINANCE NO. 634 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE REIMBURSEMENT OF CERTAIN MINIMUM EXPENSES INCURRED BY EACH MEMBER OF THE CITY COUNCIL AND REPEALING ORDINANCE NO. 529 Council Minutes 10/28/80 -4- The Ordinance 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 Ordinance No. 634. The Ordinance establishing the Cultural Arts Fund was withdrawn from the Agenda to be introduced at a later date. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROVIDING FOR THE GRANTING OF FRANCHISES FOR CABLE TELEVISION SYSTEMS The Ordinance 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 introduce the Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 9166.05, WHICH SAID SECTION RELATES TO CONDITIONAL USE PERMITS The Ordinance was read by title only. At the request of Mayor Jackman, adoption of the Ordinance was postponed and will be taken up in study session. Mayor Jackman would like to have some answers from staff. RESOLUTIONS RESOLUTION NO. 3882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ACCEPTING A TWENTY-THREE FOOT WIDE PORTION OF THE OFFER OF DEDICATION OF THAT CERTAIN THIRTY-FOOT WIDE FUTURE STREET LYING SOUTHERLY OF ORANGE STREET AND DESIGNATED AS ORIZABA AVENUE The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3882. RESOLUTION NO. 3883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ATTACHED PROPOSAL FOR ADDITIONAL POLICE SECURITY PATROL IN THE I-105 FUTURE FREEWAY AREA WITH THE STATE DEPARTMENT OF TRANSPORTATION The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Cormack to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to adopt Resolution No. 3883. Mayor Jackman indicated he will be recessing the meeting to executive session to discuss the Resolution regarding Tape Recordings of Council Meetings, inasmuch as it involves possible litigation. RESOLUTION NO. 3884 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MR. HARRY TAORMINA AS A MEMBER OF THE PARKING PLACE COMMISSION OF COUNCILMANIC DISTRICT FOUR The Resolution was read by title only. Council Minutes 10/28/80 -5- J ' X Councilman Mackaig gave some background data regarding his appointee. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to adopt Resolution No. 3884. CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by the following vote to reject the bids received for Cash Contract #460A, Roof Repair at City Hall and Parks, and authorize the expenditure of $2,000 for repair of Civic Center Buildings (A/C #21-17131, 21-13919 & 40-17143). Mr. Thompson commented staff hopes to examine the possibility of doing the work by force account. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman MISCELLANEOUS ACTIONS Code Section 7101.47 - Obstruction in Otto Street It was noted Mr. Ron Hansen of 8549 Otto Street has requested permission to appear before the City Council. Mr. Mayer, City Prosecutor, explained a neighbor of Mr. Hansen complained about a concrete block wall being built and extending out to the curb in a perpendicular manner. A Building Inspector issued a stop work order, although the work had already been completed. Mr. Hansen was informed it could not be done without appropriate permits, and he then applied for an encroachment permit, which was denied. Mr. Hansen was then informed he would have to remove the wall from the public right-of- way, which he did not do. A second complaint was received by the City and a second letter was sent to Mr. Hansen again informing him to remove the fence, which he did not do. The matter was then referred to Mr. Mayor as the City's Prosecutor. Mr. Mayor commented on a conference held with Mr. Hansen, wherein he was informed by My Hansen that thousands of individuals in the City have similarly constructed fences or walls and that it would be unfair to single him out. He pointed out that Mr. Hansen is a licensed building contractor in the City of Downey and was aware of Municipal Code requirements. Mr. Mayer stated a violation of the Code has occurred, and the fact that other people may also be violating the Code does not reduce the liability of an individual who has violated the Code. Mr. Ron Hansen, 8549 Otto Street, explained that when he received the stop order he was told to get an encroachment permit, and when he applied for the permit he was told he had two alternatives: One was to remove the wall; the other was to obtain a $100,000 insurance policy. He did obtain the insurance policy, but was told he would have to remove the wall. Mr. Hansen said he built the fence to keep the neighbor's grass seed from blowing onto his dichondra. Mr. Henriksen stated it has been estimated there are between 3,000 and 4,000 obstructions in the public right-of-way throughout the City, most of which are on residential streets. He explained that several years ago the Council authorized staff to proceed with removal of obstructions in the public right-of-way, but due to cutbacks in personnel, staff has not been able to pursue the program. "Staff has a policy of enforcing "upon complaint," and two complaints have been received re- garding Mr. Hansen's wall. Mr. Thompson commented many of the right-of-way obstructions were inherited when the City was incorporated; and also, many of the encroachments are in the natu; of shrubbery. He pointed out this involves priorities and the question of what should be done. Although this is not the most pressing matter on the City's agenda, the City cannot ignore a citizen who has a complaint about a violation. Once a violation is called to the City's attention, it then presents a question of liability. Mr. Mayer stated if a waiver is granted on this violation, the City could have a line of people wanting the same thing. Many of the problems he deals with con- cern property maintenance. Mr. Thompson mentioned there are many older obstructions built prior to the City's restrictions, which have been allowed to continue, but have also been Council Minutes 10/28/80 -6- required to provide liability coverage so the taxpayer would not be saddled with a lawsuit in the event someone is injured. Mr. Sorensen cautioned the Council against changing the Code to allow obstruc- tions in the public right-of-way. Mr. Henriksen stated it would be a problem for staff to monitor insurance policies on all violations of obstructions in the City. He pointed out that not one encroachment permit has been issued for walls or fences perpendicular to the curb. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to grant an encroachment permit at 8549 Otto Street. AYES: 2 Council Members: Swearingen, Mackaig NOES: 3 Council Members: Quinn, Cormack, Jackman Failed. Mr. Mayer stated for the record that the agreement between himself and Mr. Hansen is that if the Council did not uphold the application for encroachment, Mr. Hansen would remove the encroachment within 48 hours. It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by unanimous vote to authorize the City Manager to execute the Lease Agreement fo. the "Old Fire Station Number 1" at 11435 South Downev Avenue with the Southeast Problems, Inc It was moved by Councilman Mackaig and seconded by Councilman Swearingen to approve the Appointments of Pat Hooten, of the Downey Civic Light Opera, and James Hess, of the Downey Unified School District, to the Downey Theatre Association. Mayor Jackman requested the Council receive some background information con- cerning the two appointees. The motion and second were withdrawn. Mr. Dale Hardiman addressed the Council and gave background data concerning Pat Hooten and James Hess. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to approve the Appointments of Pat Hooten and James Hess to the Downey Theatre Association. CITY MANAGER'S REPORT Mr. Thompson explained the first phase of the study regarding City Telecommu- nication Equipment has been completed through Communications Resources Company, and it is anticipated the City can save a substantial amount of money by placing its equipment out to bid. Staff would like to look at the possibility and make a decision based on competitive bids. He requested authorization to contract for the preparation of specifications for bid. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to authorize contracting with Communications Resources Company for developing specifications and plans for a competitive bidding process for Phase II of the project to upgrade and consolidate the City's Telecommunication System. STAFF REPORTS - None ORAL COMMUNICATIONS - City Council It was moved by Councilman Mackaig, seconded by Councilman Quinn, and so ordered to present a Resolution on November 22nd to Judge Richard Cumming, who will be enrobed as a Downey Municipal Judge. Councilman Cormack commented on a problem confronting the State of California concerning the Master Plan for Services to Youth, which he said would do away with public schools as they are now known. He feels it is incumbent on the City Council to back the School District by preparing a resolution stating the Council is con- cerned about the youth. Council Minutes 10/28/80 -7- It was then moved by Councilman Cormack, seconded by Councilman Mackaig, and so ordered to prepare a Resolution for the next meeting. Councilman Mackaig referred to literature from the "No on 8 Committee." Catherine Walker, 10270 Branscomb, raised a question regarding whether it is proper for the Council to go into executive session on matters which may involve litigation, when it is her understanding executive sessions are for matters already in litigation. Mr. Sorensen explained it has been his opinion and practice that on matters involving pending or threatened litigation, wherein the disclosure of comments or information may aid the opposing side, the Council then has an attorney -client priviledge and may meet in executive session. Mayor Jackman recessed the meeting from 9:58 p.m. to 11:03 p.m. for a joint -- executive session with the Community Development Commission concerning a matter of litigation and also a matter of possible litigation. The meeting resumed with all Council Members present. RESOLUTION NO. 3885 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING REGULATIONS GOVERNING TAPE RECORDINGS OF COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 3874 The Resolution was read by title only. It was moved by Councilman Cormack and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3885. RESOLUTION NO. 3886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING DESTRUCTION OF CERTAIN PUBLIC RECORDS The Resolution was read by title only. It was moved by Councilman Cormack and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3886. Mr. Sorensen explained the Resolution provides for destruction of tape record- ings of Council Meetings up through September 30, 1978. As an alternative, the City Clerk may offer the tape to the Downey Historical Society if they desire them. There being no further business to come before the City Council, the meeting was adjourned at 11:08 p.m. to 4:30 p.m., November 5, 1980, in the Council Chamber of the Downey City Hall. Robert L. Shand, City Clerk -Treasurer Council Minutes 10/28/80 -8-