HomeMy WebLinkAboutMinutes - 02-28-95 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 28, 1995
T A B L E O F MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Slide Presentation of Fire Department's USAR Vehicle 1
Plaques of Appreciation to Council & So. California
Edison Co. re Fire Department's USAR Vehicle 1
Ord. re proposed Code Amendment #94 -41 - Keeping of
Racing /Homing Sport Pigeons on R -1 (Single- Family Hearing continued
Residential) Property to 3/14/95 4
Lennie Whittington re statistics from L.A. County
Sanitation Districts on landfill operation; corrected
his misstatement re discounted utilities for senior
citizens 4
Council Minutes: Adj. & Regular Meetings, 2/14/95 Approved 4
Warrants Issued: #107975 - 108477 Approved 4
Comprehensive Annual Financial Report for FY 1994 Received /Filed 5
Res. #5864, approving Joint Powers Agreement with
Bellflower, Bell Gardens, Gardena, Lakewood, Lawndale
& Montebello for implementation of California Inte-
grated Waste Management Board Sponsored Used Oil
Recycling Opportunity Grant No. 000G -93- 356 -19 Adopted 5
Res. #5865, reducing the AB939 Fee Adopted 5
Cash Contract #589 - Water Valve Replacement (Phase I):
Approve additional funds, waive bid irregularity &
award contract to Williams Supply Co., Inc. for replace-
ment of three defective water valves Approved 5
Cn. Brazelton commented on recent vacation to New Zealand 6
Cn. Brazelton re notifying City Manager if additional
staff is needed for critical Public Works inspections 6
Cn. Boggs mentioned theft of recyclable material from
her DART barrel prior to arrival of refuse truck 6
Cn. Boggs re status of Council reimbursement survey Place on next agenda 6
Cn. Boggs noted her attendance at ICA Conference dealing
with Crime B i l l & J u v e n i l e Justice System 6
Page 1 of 3
COUNCIL MINUTES, FEBRUARY 28, 1995
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Lawrence requested information re in -house
computer survey conducted by staff to prepare
City for on -line operations 6
Cn. Lawrence noted citizen request for reduction
in Metropolitan Transit Authority bus discount fares
& asked staff review current rate schedule, including
subsidies offered in other cities 6
Cn. Lawrence re subscribing to League of California
Cities' City Link Program 6
Cn. Lawrence asked that presentation by Mosquito
Abatement District be placed on future agenda 6
Cn. Lawrence requested City Attorney review parameters
currently used for Closed Session Agenda 6
Cn. McCaughan complimented Fire Dept.'s USAR Vehicle 6
Cn. McCaughan noted he has urged residents to call
Police or Public Works Depts. re theft of recyclables 6
Cn. McCaughan re confusing correspondence received from
"Coalition for Reclaimed Water Policy" 6
Cn. McCaughan requested information on batting cages
and their usage in other communities 6
Cn. McCaughan re attending ICA workshop on Crime Bill
& Federal remuneration to cities based on crime statistics 7
Cn. McCaughan discussed ICA workshop re Juvenile Justice
System, favoring citations for certain Code violations 7
Cn. Boggs noted receipt of letter from "Coalition for
Reclaimed Water Policy", and response of various cities 7
Cn. Boggs expressed well wishes to Sergeant Mike Hadley
on his impending retirement 7
Mr. Caton acknowledged Sergeant Mike Hadl ey' s retirement 7
Mayor Riley commended Fire Dept. on USAR Vehicle 7
Mayor Riley noted dedicated involvement of fellow Council
Members at recent ICA Conference 7
Page 2 of 3
COUNCIL MINUTES, FEBRUARY 28, 1995
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Mayor Riley thanked Mr. Don Duffy, vehicle manufacturer
in Downey, for donating vehicle for use on Gaul d i n School
grounds 7
Mr. Caton commented on recent talk given by California
Attorney General re limitations on government & need to
focus on morality in the family 7
Mr. Caton noted NASA position paper circulating re possible
closures of aerospace facilities in Downey & Palmdale;
stressed importance of retaining Rockwell in Downey 7
Mr. Caton complimented staff on the valuable work they do
to maintain Downey's infrastructure 7
Mr. Caton referenced Fire Dept.'s USAR Vehicle & pride
involved in its operation 7
Adjourned in Memory of Richard Jenkins, father of City
Librarian Victoria Jenkins 7
Adjourned to 6:30 p.m., March 14, 1995 7
Page 3 of 3
a MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNE Y
FEBRUARY 28, 1995
The City Council of the City of Downey held a regular meeting at
8:15 p.m., February 28, 1995, in the Council Chamber of the Downey City Hall,
Mayor Barbara J. Riley presiding.
PRESENT: Council Members:
Barbara J. Riley, Mayor
Gary P. McCaughan, M.D., Mayor Pro Tem
Joyce L. Lawrence
Robert S. Brazelton
Diane P. Boggs
ALSO PRESENT: Gerald M. Caton, City Manager
Cheryl J. Kane, City Attorney
Judith McDonnell, City Clerk
Lee Powell, Assistant City Manager
Greg Caldwell, Police Chief
Ron Irwin, Fire Chief
Jim Jarrett, Director of Community Services
Art Rangel, Di r. of Economic & Community Development
Richard Redmayne, Director of Public Works
Lowell Williams, Director of Finance
Ron Yosh i ki , Asst. Community Dev. Director /City Planner
Robert Brace, City Engineer
Victoria Jenkins, City Librarian
Mark Sauter, Fire Battalion Chief
Franklin De Groot, Principal Planner
Cindi Lee, Executive Secretary
Mayor Riley recognized former Mayor /City Council Member Hazel Scotto in
the audience.
PRESENTATIONS
Battalion Chief Sauter narrated a slide presentation depicting the Fire
Department's Urban Search and Rescue (USAR) Vehicle. He commented on the many
types of rescue endeavors supported by the USAR Vehicle, and the special
training and equipment that are part of rescue preparedness. He explained how
a Southern California Edison vehicle was transformed into the USAR Vehicle, and
thanked the Council for their continued support of the operation.
Chief Irwin presented Plaques of Appreciation to Mayor Riley and the City
Council for its support of the USAR Program, and to Ms. Sylvia Granados of
Southern California Edison Company for providing an Edison Company truck to the
City at a reasonable price for conversion into a USAR Vehicle.
HEARINGS
Mayor Riley opened the public hearing on PROPOSED CODE AMENDMENT NO. 94 -41
RELATING TO THE KEEPING OF RACING /HOMING SPORT PIGEONS ON R -1 (SINGLE FAMILY
RESIDENTIAL) ZONED PROPERTIES.
Council Minutes 2/28/95 -1-
Ms. McDonnell affirmed receipt of the proof of publication. It was moved
by Council Member Lawrence, seconded by Council Member Brazelton, and so
ordered to receive and file.
Mr. Yoshiki explained this matter originated from a Code Enforcement
action regarding the keeping of an excessive number of pigeons at a
residence. The City has since received a request from the California State
Racing Pigeon Organization to modify the Zoning Ordinance and allow the keeping
of up to 100 racing /homing sport pigeons on single family residential
property. The Planning Commission conducted hearings on this issue and based
on testimony received regarding the standards of maintaining this type of bird,
it is recommended the Downey Municipal Code be amended to allow the keeping of
up to 100 pigeons on residential lots subject to an approved Conditional Use
Permit.
There was no correspondence received regarding this matter.
Mayor Riley asked if there was anyone present wishing to speak in favor of
the proposed Ordinance.
Ms. Karen Goldman, 3800 Alameda Ave., Burbank, attorney representing the
California State Racing Pigeon Organization (CSRPO) and Downey resident
Christian Gluck, commented on the findings of the Planning Commission regarding
this request as an acceptable use with certain requirements imposed by the
Conditional Use Permit process. She explained the CSRPO is a self - policing
organization that would address any nuisance problems. Referencing the written
material of support provided on this case, she requested the Downey Municipal
Code be modified as proposed.
Ms. Joann Lane, Director of Development, City of Hope, expressed support
for "The Right To Fly ", citing the many humanitarian programs aided by
donations received from the racing pigeon activity.
Ms. Cheryl Adsit, 13200 Blodgett Ave., commented on her experience with
racing /homing sport pigeons, and the abundance of pigeons in dense regions
throughout the world.
Responding to Council Member Lawrence's questions, Ms. Adsit noted she has
no more than 100 pigeons in three different lofts located at her residence.
Ms. Roberta Gera, 12558 Dolan Ave., spoke in favor of the proposed
Ordinance, noting she is a neighbor of someone who keeps racing /horning pigeons,
and these pigeons are not bothersome or hazardous to the neighborhood in any
way. The self - policing aspect of the Pigeon Organization is very effective in
maintaining the standards of this activity.
Mr. Phil Adsit, 13200 Blodgett Ave., noted he has raised racing /homing
pigeons as a hobby since 1940, and offered his expertise to Council regarding
this matter.
As there was no one else present wishing to speak in favor of the proposed
Ordinance, Mayor Riley asked if anyone wished to speak in opposition, and no
one approached the podium.
It was moved by Council Member Brazelton, seconded by Council Member
Boggs, and so ordered to close the public hearing.
Council Minutes 2/28/95 -2-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
THE CITY'S ZONING CODE, SECTION 9136.18(B) ALLOWING THE KEEPING
OF RACING /HOMING SPORT PIGEONS ON SINGLE FAMILY RESIDENTIALLY
ZONED PROPERTY
The Ordinance was read by title only. It was moved by Council Member
Brazelton and seconded by Council Member Boggs to waive further reading and
introduce. (See later motion to continue.)
Council Member Boggs expressed concern with the proposed density
requirement for the keeping of 100 pigeons. She favored establishing a minimum
lot size greater than 5,000 square feet to accommodate this amount of
pigeons. She questioned the location of the races and whether any gambling is
involved.
Mr. Adsit explained that races occur in the San Joaquin Valley, and the
pigeons are trained to return home. He agreed that gambling probably does
occur in the sport; however, in this area, the racing is done as a hobby
only. He discussed loft conditions, adequate lot sizes, and feedings scheduled
around the time the birds are released for exercise. Because of the dependent
nature on their owner, the pigeons develop a love and need for home, even if
relocated. He commented on the many uses of thoroughbred pigeons, including
assisting the Coast Guard in rescue searches. He further explained the birds
are regularly vaccinated and checked for illness of any kind.
Council Member Boggs requested modifications to the proposed Ordinance
regarding a minimum lot size greater than 5,000 square feet and the ability for
enforcement inspections at any time.
Council Member Brazelton supported the proposed Ordinance with the
suggestions of Council Member Boggs incorporated into the final draft.
Council Member McCaughan clarified Health Department regulations regarding
the proximity of a loft to a residence. He agreed with the requirement of a
Conditional Use Permit which would provide notification to the affected
neighborhood of an impending request, and could be revoked if necessary. --
Council Member Lawrence concurred with the need for a minimum lot size
requirement, but expressed concern with unrestricted inspections.
Mayor Riley expressed support for the proposed Ordinance, noting there was
a petition of 50 signatures submitted at the Planning Commission hearing in
favor of the activity. She mentioned her neighbor also raises sport pigeons,
and she was unaware of this fact until it was brought to her attention.
It was moved by Council Member Boggs and seconded by Council Member
Brazelton to amend the motion to add a minimum lot size requirement of 10,000
square feet and allow official City inspections at any time on the subject
properties.
Council Minutes 2/28/95 -3-
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.. 4..
Ms. Kane noted it would be more reasonable to specify hours or a definite
timeframe for City inspections. Thus, the applicant would be aware of this
condition when applying for a Conditional Use Permit for the activity.
Specifying a minimum lot size would be a reasonable requirement which could be
added to the Ordinance to ensure adquate space to accommodate a loft.
Council Member Boggs clarified her amendment to the motion to specify
inspections from sunup to sundown as a legal time certain. She mentioned,
however, she would not be opposed to returning the matter to staff for further
study relati ng to an appropriate lot size, if the Council so desires.
Council Member Lawrence concurred with allowing staff time to review the
matter and address the concerns expressed regarding minimum lot size and
enforcement procedures.
Mr. Caton recommended continuing this matter to the next meeting when
staff will return with reasonable options.
It was moved by Council Member Boggs, seconded by Council Member
Brazelton, and unanimously carried to continue this matter to the next meeting
to allow staff time to address concerns regarding lot size and inspection
options.
After further discussion, it was moved by Council Member McCaughan,
seconded by Council Member Boggs, and unanimously carried to reopen the public
hearing.
It was moved by Council Member McCaughan, seconded by Council Member
Boggs, and unanimously carried to continue this matter to the next meeting with
the hearing open.
ORAL COMMUNICATIONS
Mr. Lennie Whittington, 8542 Manatee St., referenced discussions he had
with certain individuals at the Los Angeles County Sanitation Districts and
stat re garding the 1 andfi 11 operation, clarifying the fac that landfills
currently do not indemnify commercial haulers, thereby making Downey s
requirement unenforceable. He corrected a misstatement he made at the last
meeting about senior citizens receiving a discount on their water bill, noting
the City provides a discount only on trash rates to seniors who meet specific
age and maximum income requirements, and suggested this discount be expanded to
include disabled people and destitute families.
CONSENT CALENDAR - ITEMS FOR REMOVAL: None.
CONSENT CALENDAR
It was moved by Council Member Boggs, seconded by Council Member
Brazelton, and unanimously carried to waive further reading of the Resolutions
and approve the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, FEBRUARY 14, 1995:
Approve.
WARRANTS ISSUED: W. 107975 - 108477, $1,197,799.22: Approve.
Council Minutes 2/28/95 -4-
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 1994: Receive/File.
RESOLUTION NO. 5864 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING JOINT POWERS AGREEMENT WITH THE CITIES OF BELLFLOWER,
BELL GARDENS, GARDENA, LAKEWOOD, LAWNDALE, AND MONTEBELLO FOR
THE IMPLEMENTATION OF CALIFORNIA INTEGRATED WASTE MANAGEMENT
BOARD SPONSORED USED OIL RECYCLING OPPORTUNITY GRANT
NO. UOOG -93- 356 -19
*' DINANCES NOT SET FORTH ABOVE: None. —
RESOLUTIONS NOT SET FORTH ABOVE
RESOLUTION NO. 5865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
REDUCING THE AB939 FEE
Mr. Lennie Whittington, 8542 Manatee St., spoke in favor of the proposed
Ordinance, but questioned the need to maintain a portion of the AB939 fee since
the recycling program is now established.
Mr. Caton explained the funds collected are directed into a separate
account to meet ongoing expenditures related to AB939 compliance measures, and
mentioned the accounting figures can be reviewed at any time.
The Resolution was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Lawrence, and unanimously carried to waive
further reading and adopt.
ADMINISTRATIVE REPORTS
CASH CONTRACT NO. 589 - WATER VALVE REPLACEMENT (PHASE I)
Mr. Redmayne summarized the staff report, explaining the need to replace —
three defective water valves on an original transmission main. It has become
necessary to replace these valves to facilitate shutting down the entire system
in the event of an emergency. Costs have increased over 50% since the original
estimate was made and funds were budgeted for this improvement. Staff is
requesting appropriation of the additional funds from savings on the Woodruff
Transmission Main Project completed earlier this fiscal year.
Mayor Riley expressed her appreciation to the Public Works Department for
its efforts in maintaining the drains and water mains during the recent storm
activity.
It was moved by Council Member Brazelton, seconded by Council Member
Boggs, and unanimously carried to approve additional funds, waive the bid
irregularity, and award a contract in the amount of $134,250 to Williams Supply
Company, Inc. of Ventura for the replacement of three defective water valves.
OTHER BUSINESS - CONSENT CALENDAR: Items Removed by Council Approval : None.
Council Minutes 2/28/95 -5-
1 ,,'►
OTHER BUSINESS - COUNCIL MEMBERS
Council Member Brazelton commented on his recent vacation to New Zealand.
Council Member Brazelton asked Mr. Redmayne to notify the City Manager if
there is a need for critical Public Works inspection services.
Council Member Boggs referenced the theft of recyclable materials from her
DART barrel just prior to the arrival of the refuse truck.
Council Member Boggs asked about the status of the Council reimbursement
survey, and Mr. Caton advised this matter will be placed on the next agenda.
Council Member Boggs noted her attendance at the recent Independent Cities
Association (ICA) Conference dealing with the Crime Bill and the Juvenile
Justice System.
Council Member Lawrence requested information regarding the in -house
computer survey conducted by staff to predict future funding needs and the
ability to prepare the City for on -line operations.
Council Member Lawrence mentioned receipt of a letter from a resident
requesting reduction in the Metropolitan Transit Authority (MTA) bus discount
fares, and asked staff to review the current rate schedule, including subsidies
offered in other cities.
Council Member Lawrence suggested staff look into subscribing to the
League of California Cities' City Link Program to obtain the latest League
information regarding pending legislation.
Council Member Lawrence requested placing on the agenda in the near future
a presentation by the public information officer of the Mosquito Abatement
District, now called the Greater Los Angeles Area Vector Control District.
Council Member Lawrence asked the City Attorney to review the parameters
currently being used for placement of items on the Closed Session Agenda.
Council Member McCaughan complimented the Fire Department's USAR Vehicle,
as a prime example of a successful private and public joint venture.
Council Member McCaughan noted he has urged residents to contact the
Police or Public Works Departments regarding theft of recycl abl es from DART
barrels, and mentioned receiving a recommendation from a citizen to attach
notices to receptacles stating that recyclable theft is illegal.
Council Member McCaughan commented on recent correspondence from the
"Coalition for Reclaimed Water Policy" that was rather confusing in content,
and the need to correct the water rate structure referenced in the letter.
Council Member McCaughan discussed his recent visit to a batting cage
located in a Santa Fe Springs Park, and requested further data on batting cages
and their usage in other communities, suggesting this as a possible athletic
activity in the Downey area.
Council Minutes 2/28/95 -6-
f 5
XXX Council Member McCaughan spoke regarding his attendance at the recent ICA
Conference and workshops about the Crime Bill where discussions were held
regarding Federal remuneration available to cities based on their crime rate
figures.
Council Member McCaughan referenced the ICA seminar on the Juvenile
Justice System, and favored the issuance of citations for Code violations such
as graffiti, loitering and curfew.
Council Member Boggs mentioned she also received a letter from the
"Coalition for Reclaimed Water Policy", and noted that other cities such as
Vernon and Santa Fe Springs have discussed ways to oppose the rates imposed by
the Central Water Basin.
Council Member Boggs commented on the impending retirement of Police
Sergeant Mike Hadley, wishing him well in his future endeavors.
Mr. Caton echoed these sentiments, noting Sergeant Hadley will be missed
in the City.
Mayor Riley commended the Fire Department on the USAR Vehicle.
Mayor Riley discussed the dedicated involvement of her fellow Council
Members at the ICA Conference, citing their attendance at each session.
Mayor Riley expressed appreciation to Mr. Don Duffy, a vehicle
manufacturer in the City, for his donation of a vehicle for use on the grounds
at Gauldin School.
OTHER BUSINESS - Staff Members
Mr. Caton commented on a recent talk iven by the California Attorney
9 Y Y
General about the limitations of government and the need to focus on morality
in the family.
Mr. Caton noted he had been contacted by the City of Sunnyvale, home of a
large NASA facility, regarding the circulation of a NASA position paper dealing
the possible closure of aerospace facilities in Downey and Palmdale. Because
of the devastating effects that will result from the closure of Northrop in
Pico Rivera and the Long Beach Naval Shipyard, he stressed the importance of
retaining Rockwell in the City of Downey.
Mr. Caton complimented staff for the valuable work they do to maintain
Downey's infrastructure, including critical areas not visible to the public,
such as sewer systems and water mains.
Mr. Caton referenced the Fire Department's USAR Vehicle and the well-
deserved pride of the firemen who will operate the rescue equipment.
ADJOURNMENT: 10:00 p.m.
The meeting was adjourned in memory of Richard Jenkins, father of City
Librarian Victoria Jenkins, to 6:30 p.m., March 14, 1995, in the Council
Chamber of Downey City Hall.
it
j _ y rg f
Judith E. McDonnell, City Clerk Barbara J. Ri ey, Mayor
Council Minutes 2/28/95 -7- -