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HomeMy WebLinkAboutMinutes-08-06-75-Adjourned Regular MeetingaZ1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 6, 1975 The adjourned regular meeting of the City Council of the City of Downey held 5:00 p.m., August 6, 1975, was adjourned due to lack of a quorum by the Deputy City Clerk to 6:00 p.m., August 6, 1975, in the Council Chambers of the Downey City Hall The City Council of the City of Downey held an adjourned regular meeting at 6:00 p.m., August 6, 1975, in the Council Chambers of the Downey City Hall, Mayor Joseph E. DiLoreto presiding. PRESENT: Council Members: Hazel N. Scotto, Richard M. Jennings, Joseph E. DiLoreto ABSENT: Council Member: Donald H. Winton (excused) ALSO PRESENT: Charles W. Thompson, City Manager Edwin H. Wood, Fire Chief Lt. Ronald Foster, Police Department Jeanne Cook, Deputy City Clerk -Treasurer The Invocation was delivered by Councilman Jennings, followed by the Flag Salute led by Councilwoman Scotto. Mayor DiLoreto announced that the first matter to be considered on the Agenda is the Memorandum of Understanding for the Downey Firemen®s Association. City Manager Thompson reported the Resolution as constituted at this time provides for 5.50 percent increase July 1, 1975, and an additional 5.50 percent next April 19, 1976. He said the amount of money actually is less in this agreement than in the Memo submitted previously for this fiscal year, although it would be 2.75 percent greater in fiscal year 1976-77. Mr. Thompson stated the Memorandum would bring the Firemen within. a near equity situation: to the patrolmen in the Police Department, and the provisions such as the designation of any understanding as to the area of middle management and the area of comparison as far as other cities are concerned should be helpful in future negotiations. He explained other items concerning the option which the Firemen would have on the sick leave provision and vacation are identical to those approved by the Council for the Police Association and the Downey City Employees' Association. It was moved by Councilwoman Scotto, seconded by Councilman Jennings, and passed by the following vote to repeal the Memorandum of Understanding amendment for the Downey Firemen's Association as adopted by the City Council on July 14, 1975. AYES: 3 Council Members: Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton RESOLUTION NO. 3155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING SWORN FIRE ADJUSTMENTS The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt. Resolution No. 3155. AYES: 3 Council Members: Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton Councilman Jennings commented that he disagreed with the idea of setting up specific cities to study as salary guides and then trying to achieve parity with that group, preferring to select a group of cities each year. He commended the Fire Depart- ment, City Manager, and Fire Chief for their efforts in arriving at a solution under difficult circumstances. Mayor DiLoreto said initially when those cities were selected the Council did insist that although they will look to those cities as a guide, they will not be bound by any of the rates set by those cities. Council Minutes 8/6/75 -1- Mayor DiLoreto announced he had requested the item of California Animal Control be placed on the Agenda because of the large amount of concern expressed to him personally, through telephone calls, and through the amount of concern expressed by people in the community who have come before the City Council and indicated their displeasure with the service now being received through the California Animal Control. He said he and Mrs. Betty Rupp of the Health & Environmental Sanitation Committee personally inspected the facilities, and there are serious shortcomings with the amount and kind of service the City is receiving. Mayor DiLoreto stated it is inconceivable based on the amount of pens at the facility to house the dogs that California Animal Control can service the three cities (Downey, Norwalk, and Pico Rivera) that they have contracted to serve. Secondly, he said, the actual pens themselves are about 3' feet wide by five or six feet long and house as many as seven or eight dogs, and 25 percent of the individual stalls or pens had no water for the dogs. He commented it appeared that because of the heat generated the sides were collapsing and at least one of the dogs appeared to be on the verge of dying of starvation. Mayor DiLoreto indicated the facilities appeared to be grossly inadequate for the type of service that the City was asking for and expectedtoreceive. He said be was contacted by Mr. Hy R. Joseph of the California State Humane Office, who outlined a series of violations, specifically Section 597 of the Penal Code, which the organization may or may not be guilty of. Mayor DiLoreto stated Mr. Joseph presented photographs taken of the facility and was asked to address the City Council regarding the cond tions that existed. He also stated arrangements have been made for the owners of the animal control facility to address the Council so that their side can be heard with respect to any of the complaints, Mr. Hy R. Joseph, P. 0. Box 3265, Van Nuys, California 91407, stated he is a State - appointed Humane Officer sponsored by Mercy Crusade, Inc., which is a state and nationwide humane organization and is charged in California with the prevention of cruelty to animals and children. Councilman Jennings asked if Mr. Joseph makes regular reports to a State organiza- tion, and Mr. Joseph replied he does report to the State Attorney General's office. Mr,, Joseph submitted copies of an official investigation for the Council's perusal, He said due to the many complaints received and based upon investigation, he is asking — for closure of the California Animal Control facility until such time as either the City has renegotiated the contract or re-evaluated it so that California Animal Control does come up to standards and can act as a viable control element and shelter for animals. Mr. Joseph asserted that the facility is in violation of various sections of the .State Penal Code, the Civil Code, and the Agricultural Code as based upon investi- gations, eye witness reports, and photographic evidence, Mr. Joseph commented the plastic enclosures being used as pens for the dogs and cats are pre-fab fiberglass or plastic material with a clear plastic front screen providing no cross -ventilation, only an opening at the top, and the temperatures sometime exceed 100 degrees. Mr. Joseph noted a large portion of the 75 pens counted at one time contained notices marked "warped beyond repair", "overcured", and "cracked", and the stoops provided for the animals are collapsing. At the Mayors request, Mr. Joseph commented on his training and experience in this field. The City Manager was asked to call the Police Chief to the meeting, inasmuch as this matter is under the jurisdiction of the Police Department. Lieutenant Ronald Foster arrived at the meeting at approximately 6.45 p.m. to represent the Chief. Mr. Joseph mentioned that his organization inspects animal shelters only when complaint are received. Mr. Thompson asked Mr. Joseph who appointed him to his present position. Mr. Joseph replied the Superior Court of the State of California. During discussion, Mr. Joseph answered further questions of the City Council and stated the first official investigation was made on July 17th. He cited conditions existing at the animal control facility. Mr. Joseph said the County Health Department. is always called in when an investigation of this type is made. Councilman Jennings asked Mr. Joseph what authority he has in this matter, Mr. Joseph replied he has the authority to recommend. Mr. Thompson stated his only indication of this matter was by the Mayor when he was contacted by Mr. Joseph. He said, however, to his knowledge, Mr. Joseph has never contacted him nor has he ever contacted the Chief of Police, Council Minutes 8/6/75 -2- 521 Mayor DiLoreto asked if Mr. Joseph has the power to issue citations. Mr. Joseph replied yes. He said if the Notice to Comply has not been taken care of, then the next procedure is to go forward and present the case to the City Attorney or District Attorney Mr. Joseph indicated in this particular case he waited until he had enough documentary proof to present to the City. Mayor DiLoreto pointed out he will make sure the Chief of Police receives this information in order to start an investigation, .and he will ask the Police Department to act in conjunction with Mr. Joseph, Mrs. Betty Rupp of the Health & Environmental Sanitation Committee reported she observed the operation at the County Pound facility and the S.P.C.A. shelter; that she then went to the California Animal Control facilities in Downey, Huntington Beach, and Manhattan Beach. She said she personally feels there has been a lack of communication, a lack of cooperation, and an animal control facility is definitely needed in Downey. Mrs. Rupp stated she has returned to the California Animal Control facility on many occasions, and the personnel treated her courteously and her questions were answered freely. She mentioned she visited the facility one day when the City Manager and Police Chief were there, and that day the facility was clean. However, she said, she returned several times, and the water bins she objected to had been replaced with an automatic watering facility. Mrs. Rupp noted there are other changes and improvements being made each day. She commented on her experience as an observer while riding in the field with one of the Animal Control Officers. She said she was impressed with the way the officer conducted his duties-. In conclusion, Mrs. Rupp indicated that if this is a good project, the City should support and understand it; if it is a poor project and the facility does not meet the standards set by the City, then the City will have to work with other means. Mrs. Rupp further informed the Council that when she visited the facility it was contracting with the Cities of Norwalk, Pico Rivera, and Downey, however, she has learned that the City of El Monte has been included. Mr. Dennis Smith, President of the California Animal Control, said animals are quite an emotional issue, and one of the problems causing this is that the area of animal control has been neglected for many years; it is ;an area very few people have any knowledge about. He commented on the harassment by the agents of Mercy Crusade during their investigation and said at the same time officers from the County Administration and Animal Control, Humane Society, also made an investigation and spoke favorably of the animal runs. He described the runs and mentioned those marked "unfit", "cracked", etc,, were marked to indicate they did not meet Animal Control°s quality standards, but it does not mean they are unfit for use or are a detriment to the animals. Mr. Smith further commented on the time and money spent in the last 30 days to get this facility in operation. Also, he said this area was overrun with stray animals --they picked up 378 animals the first 30 days and answered 552calls for service, He noted the air conditioning system will be installed within a few days, and he men- tioned there is no excessive barking in the kennels and there is very Little odor. Mr. Smith stated the material used in the kennels is of non-porus polyethylene with. one of the advantages being that diseases and viruses cannot enter the pores of the material and can be eliminated. Further, he said because of the open air and >unlight. the proton rays are allowed to destroy the distemper viruses while at the same time the material is highly reflective to light and functions as a thermos -type environment that is cooler inside than it is outside. Mr Smith mentioned the temperature of the ;runs were tested by Councilman Jennings and a photographer from Channel 7 News and found to be comfortable. Mr. Smith itated for 90 days it will not be determined exactly the number of runs to be installed, and negotiations are presently under way for the large piece of property on Stewart & Gray and Regentview for future expansionof the shelter area, Mr. Smith advised that California Animal Control i, servicing E1. Monte on an emergency basis and has plans to construct a facility in that area. Therefore, he �,aad it :.snot: anticipated that the a.^...a?c frc^ EL Monte will cont:nu.e to be :housed in the Downey facility. Mr. Smith stated the cleaning of the shelter is done daily; each mornr:.tag the runs. >re washed out; and after that they are disinfected the second time. Councilman Jennings asked if the pens are washed out with the animals inside, Mr; Smith replied yes, however, i,tis done wi.t.hgreat care, and the run iz designed so the water does not stick to it; it immediately runs to the side and out; and con:=equently, the animals are not in a wet condition. He further explained the clean- ing process of the runs. Responding to further questions, Mr, Smith pointed out that the County does not1,ave an exercise area, the Humane Society does not provide an exercise area, nor does any public shelter he bas ever seen,„ Council Minutes 8/6/75 -3- Mayor DiLoreto asked how long the animals are kept before they are destroyed. Mr. Smith replied they follow the City Ordinance in that unlicensed animals are kept five days and licensed animals up to ten days. He said on the unlicensed animals they are not necessarily destroyed on the fifth day but depending on the animal may be placed in a new home. Also, only the owner can claim an animal during the five-day period. Mr. Smith indicated the State average for placing animals in about 12 percent, The Huntington Beach facility, he said, encourages the cooperation of local, interested citizens, and with this program 50 percent of the animals are placed in homes. Mr. Smith explained the procedure for contacting owners of licensed animals. He noted in the history of the Huntington Beach facility only one licensed animal had been destroyed Mayor DiLoreto inquired about animals needing medical attention and veterinarian services. Mr. Smith said they have been bringing the animals to the emergency clinic on Stewart & Gray Road or the veterinary hospital right next to the California Animal Control. Mr. Smith said in the next few days they should have literature and signs explain- ing the new runs so that people can have their questions answered as to exactly how they work; that it is a better material and a better environment for animals. He mentioned the animals are not behind glass as stated, the material is lexan, which is a space-age material the police department uses for bullet proof shields, etc. He further stated that during the time before the automatic watering system was installed they had a full-time employee to do nothing but take bowls out of the cages, wash them, fill them with water, put them back, and this has been done all day, full time; the dogs are not left without water. Also,he said cleaning is being done constantly. Councilman Jennings commented on the poor training of Animal Control employees who have contact with the public. He asked for immediate improvement in that area and that Mr. Smith report back to the City Manager as to what will be done about people who customarily pay their licenses in January. Mr. Smith said this will be done. - Mrs, Rita Bernier, 615 West Mantino, Altadena, spoke regarding her attendance at the Council Meeting in El Monte. Mayor DiLoreto stated the reports will be forwarded to the Police Department for investigation. At 7:58 p.m., Mayor DiLoreto recessed the meeting to executive session to consider applications regarding appointment to fill the vacancy in Councilmanic District No. 3, At 8:58 p.m, the meeting was recessed to 5:00 p.m., August 7, 1975, in the Council Chambers of the Downey City Hall. The City Council of the City of Downey held a recessed City Council meeting at 5:00 p.m., August 7, 1975, in the Council Chambers of the Downey City Hall, Mayor Joseph E. DiLoreto presiding. PRESENT: Council Members: Hazel N. Scotto, Richard M. Jennings, Joseph E. DiLoreto ABSENT: Council Member: Donald H. Winton (excused) ALSO PRESENT: Robert L. Shand, City Clerk -Treasurer Mayor DiLoreto stated for the record that at 8:58 pm., August 6, 1975, the City - Council recessed to this time and place to go back into executive session to conduct interviews in the consideration of candidates to fill the vacancy existing in Councilmanic District No. 3. i It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to recess to executive session. The following candidates were interviewed separately by the City Council in executive session: Harry Abajian William L. Greene Kenneth Miller Norman Waller Henry Allensworth Dr. John Sims Mrs. Patricia Myrick Council Minutes 8/6/75, 8/7/75 -4- At 7:05 p.m., Mayor DiLoreto announced the City Council will recess this meeting to 5:00 p.m., Friday, August 8, 1975, in the Council Chambers of the Downey City Hall to go into executive session to continue interviews of candidates to fill the vacancy existing in Councilmanic District No. 3. The City Council of the City of Downey held a recessed City Council m.eetin? at 5:00 p.m., August 8, 1975, in the Council Chambers of the Downey City Hall, Mayor Joseph E. DiLoreto presiding. PRESENT. Council Members: Hazel N. Scotto, Richard M. Jennings, Joseph E. DiLoreto ABSENT: Council Member: Donald H. Winton (excused) ALSO PRESENT: Robert L. Shand, City Clerk -Treasurer Mayor DiLoreto announced the City Council will recess into executive session to continue the consideration of the balance of candidate interviews for vacancy in Councilmanic District No. 3. The City Clerk was excused from the meeting, The Council continued in regular adjourned meeting executive session until 7:30 p.m. At that time the meeting was adjourned. o.V_\�Q co Jeabrok, Deputy City Clerk -Treasurer Joseep E.TDUoreto, Mayor Council Minutes 8/8/75 -5-