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HomeMy WebLinkAboutMinutes-08-23-83-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 23, 1983 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Res. #4293 presented to Robt. Brazelton commending him for courage in assisting Downey Officer Fogel 1 Appeal, Zone Variance #213, 12103 Downey Av. Staff to bring back resolution denying appeal 3 Minutes: Adj. Reg. Mtg., July 12, 1983; & Reg. Mtg. July 12, 1983 Approved 3 Corres. from PUC re Appl. #82-09-19 of So. Calif. Gas Co. re Auth. to increase Conser- vation Cost Adjustment in Santa Nbnica Filed 3 Rejection of Legal Claim: Ref. #631 Approved 3 General Warrants. #211159 - 211187 #312453 - 312685 Approved 3 Report re Effect of Increasing Motorcycle Squad Filed 3 Mr. Ron Tyni: Requests reconsideration re Zone Variance & last condition for Pizza business on Stewart & Gray Rd. 3 Guadalajara Sister City: Maximimm of $200 — toward dinner at Sambi's for Guadalajara Mayor & contingent of approx. 8 people Approved 3 Mr. Gary McCaughan: Read statement - concern re actions of citizens groups on Hospital issue and Redev. Plan Amndmt. #3 4 Mr. Richard Lambert re Verification of Voter Signatures 4 Ord. #730, Amending DMC re Temporary Outdoor Display & Sales Adopted 4 K-9 Proposal Approved 4 CC #485, Civic Center Proj., Change Order #11: Approve Items 2, 3, 4, & 5 & that Item 41 be incorporated in pending revi- sions to service bldg. Approved 4 CC #491, Library Proj. - Change Order #9: Recomrend apprvl. by Civic Center Corp., subj. to City's possible claim against architect Approved 4 Grant from Calif. Dept. of Forestry: Appropriation Approved 4 Outdoor Sales & Displays: $30 flat fee Approved 5 Res. #4295, Establishing Fee for Temporary Outdoor Display & Sales Permit Adopted 5 Contract for Library Moving & Storage Services: Award on hourly basis to Bddms/Trans-Calif. Moving & Storage Approved 5 Page 1 of 2 DM,Ey CITY COUNCIL MINUIES, AUGUST 23, 1983 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Automation Library Agmt. - Anmdmt. #1, auth. withdrawal of Santa Fe Springs from 5 cooperative cataloging program Approved Funding - Social Service Organizations: Adopt format & place cap of $20,000 on amunt & have staff bring back proportion of $20,000 to be given to each group Approved 6 Verification of Signatures on Referendum Petition: Auth. transfer of funds for enabling City Clerk to contract with L.A. County Registrar of Voters to verify referendum signatures opposing adoption of Ord. #723 Approved 6 Amendment to Proposed Capital Inprovement Program of new Civic Center Drive Proj. budgeted at $120,000 & reallocation of funds Approved 6 Joel Lubin re availability of State & Fed. officials to Downey 6 Closed session re pending litigation & personnel 6 Proposed Administrative Reorganization Plan Approved 6 Pace 2 of 2 �2� MINUTES OF THE CITY COUNCIL OF THE CITY OF DAY AUGUST 23, 1983 The City Council of the City of Downey held a regular meeting at 7:30 p.m., August 23, 1983, in the Council Chamber of the Downey City Hall, Mayor Robert G. Cormack presiding. PRESENT: Council Members: Robert G. Cormack Mayor Theodore H. Jackman Mayor Pro Tern Randall R. Barb Bob Davila James T. Quinn ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney Lee Powell, Director of Administrative Services James R. Jarrett, Acting Director of Community Services Don Davis, Fire Chief Ruth Miller, City Librarian Francis E. Carter, City Planner Harald J. Henriksen, City Engineer Pete Stone, Police Captain William Erickson, Sr. Building Inspector Scot Yotsuya, Assistant to City Manager Jeanne Cook, Deputy City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Jackman. The Flag Salute was led by CouncilmanQuinn. PRESENTATIONI Mayor Cormack presented Resolution No. 4293 to Mr. Robert Brazelton, commendi Rum for his courage in assisting Officer Fogel of the Downey Police Department. HEARINGS Mayor Cormack opened the hearing on Appeal to Zone Variance No. 213, 12103 Downey Avenue. He inquired if the Deputy City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman JacR man and so ordered to receive and file the Proof. Mr. Carter reported that in March 1982, the applicant filed a zone variance re- quest to maintain 70 racing homing pigeons on his property. The application was the result of a zoning violation reported to the Southeast Animal Control office. The Downey Municipal Code limits the n rber of pigeons to not more than five, and he cited the conditions under which the pigeons must be maintained. After the hearing before the Planning Commission, the Commission approved the request and imposed 12 conditions, the first of which is that approval was for a one-year period with pro- vision that additional periods of titre may be granted by Commission action. Mr. Carter stated that on May 4, 1983, when the one year time period was about to expire staff brought the zone variance to the attention of the Commission in that the applicant had not suhmitted a request to extend the variance. However, a petition was received from 23 nearby property owners opposing an extension of time. The Commission then denied a further time extension and the applicant was notified and told to reduce the number of pigeons to five to conform with Code requirement. Mayor Cormack asked if the Deputy City Clerk had received any correspondence. Mrs. Cook replied Mrs. Schnmyer had sent letters from the County Health Department and the American Lung Association. It was moved by Councilman Jackman and so ordered to receive and file the correspondence. Mayor Cormack inquired if anyone wished to speak in favor of the appeal. ('nimnil Min'14-.a R/94 91 —l— Mr. Christian Glueck, 12103 Downey Avenue, said he has obtained a petition with 33 signatures from his immediate neighborhood and other parts of Downey. He would like to keep his pigeons since he has had them for nearly 21 years and he has conformed to the Planning Commission's conditions. Mr. Adam Glueck, 12103 Downey Avenue, commented that when he hangs out his clothes he has not experienced any fly problems. Also, he does not have rats in his yard. Mr. Richard Lambert, 12501 Birchdale, said he has chickens which create a country atmosphere. He would like his name added to Mr. Glueck's petition. Mr. Donald Ball, 10533 Lemoran Avenue, spoke in support of Mr. Glueck keeping his pigeons and mentioned pigeons do not cause flies. Connie Sziebl, 8516 Donovan Street, displayed a 19-day old pigeon and ques- tioned the method Mr. Glueck would have to dispose of his pigeons. She said this is not the season to sell pigeons —the racing season starts in January and February. Also, it is her understanding pigeons do not cause flies. Mrs. Mary Teller, 12102 Gurley Avenue, requested the pigeons not be taken away from Mr. Glueck. She commented regarding the number of birds allowed in other cities and mentioned Mr. Glueck's birds would have to be destroyed because with their homing instincts they will always return to Mr. Glueck's hone. Mr. Adam Glueck, Jr., 7804 Luxor Street, indicated the problems in the neigh- borhood do not pertain only to the pigeons but started when his family moved into their home. Mr. Johnny Craw, residing on Samoline, commented in favor of racing pigeons. There being no one else to speak in favor, Mayor Cormack asked if anyone wished to speak in opposition. Mrs. Midge Warmuth, 12109 Downey Avenue, cited problems of odor and flies created by the pigeons and commented on her contacts with the Health Department and Agriculture Department. She handed a copy of a Health Departmmant report to the Council for perusal. Mrs. Warmuth stated Mr. Glueck's variance has never been valid because he has not conformed to Building Code requirements. Mrs. Kathryn Schroyer, 12071 South Downey Avenue, discussed her converstations with the Gluecks concerning their pigeons and dog. She also commented regarding her efforts to have the pigeons removed. She contacted the Health Department and Lung Association and cited the type of illnesses people can contract when living next to pigeons. Mr. Joe Warmuth, 12109 Downey Avenue, cited problems of flies and odor emanat- ing from Mr. Glueck's property. (inaudible), 7935 Conklin Street, Mr. Glueck's daughter, said there is no odor from the pigeons. Mr. John Simon, 7834 Luxor Street, said Mr. Glueck keeps the pigeon area clean and there is no odor. Mrs. Mary Teller, 12102 Gurley, said she was informed by the Health Department that reports are not available unless by subpoena. She questioned how Mrs. Warmuth obtained a copy of the health report. Mr. Adam Glueck spoke in rebuttal to comments in opposition. It was moved by Councilman Barb, seconded by Councilman Jackman, and so ordered to close the hearing. Councilman Jackman indicated it appears the Council is being asked to make a decision regarding a neighborhood quarrel. However, he said, the Code permits only five pigeons on any property and he feels the only decision the Council can make is to uphold the Cade. Councilman Barb asked questions of Mr. Glueck regarding the Health Department's official notice requesting him to clean his cages and eliminate the flies. He was informed by a member of the audience that Mr. Glueck has never received the notice presented by Mrs. Warmuth. Councilman Barb then raised questions concerning the City's Code and how other cities regulate pigeons. He concurred with Councilman Council Minutes 8/23/83 -2- 2-2� 9 Jackman and said that if this situation creates a fly problem, then he does not see haw the Council can consider a variance. He asked that this matter be followed -up by the City Attorney's office and verify the information presented is accurate. Councilman Davila said he was told the Health Department report is authentic. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to ask staff to bring back the proper resolution to deny the appeal. Mayor Cormack declared a recess frcm 8:39 p.m. to 8:47 p.m. The meeting re- sumed with all Council Ibinbers present. REMOVAL OF ITEMS FROM CONSENT CALENDAR: None • ImplaM•.. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve the Consent Calendar: of July 12, 1983; and Reqular Meeting of Correspondence from Public Utilities Commission regarding Application No. 82-09-19 of Southern California Gas Co, re Authority to increase Conservation Cost Adjustment in tine City of Santa Monica. Rejection of Legal Claim: Pef. #631, Joe and Nancy Luna. General warrants: #211159 - 211187; #312455 - 312685: $2,014,948.21. Report regarding Effect of Increasing Motorcycle Squad. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack ORAL CONANNICATIONS - Items not on Agenda Mr. Ron Tyni, owner of pizza business at 3026 Stewart & Gray Road, indicated he received a zone variance approval subject to conditions, and that when the Resolution of approval was adopted by the Council he was not present at the meeting but later learned a condition was added, which he takes exception to. The condition states that the variance shall terminate upon transfer of ownership of the business by the present Owner unless approval of such transfer is granted by the Planning Commission. Mr. Tyni said he has a large investment in his business and questioned whether anyone would make such an investment knowing at a future date when they wanted to sell their business that the sale would be determined upon decision of the Planning Commission. He requested reconsideration of the variance and the last condition. Mr. Newton explained the decision is final upon action of the resolution unless at the meeting where action is taken, and if interested parties have not left, the Council takes further action to reconsider. Once the meeting is over, however, the Council's action is final, and the Council does not have the power to reconsider at a subsequent meeting. Mr. Newton said nothing can be done without applying for a new zone variance. It was moved by Councilman Davila to waive any fees so that the applicant can re -appeal and start at the beginning if he wishes to take that action. There was no second. Mayor Cormack recalled the condition was added because of the lack for adequate parking and concern about what would happen if the business was successful and forced other businesses out of the commercial center. Mr. Joel Lubin, 7820 Allengrove, said he supports the Redevelopment Amendment and discussed the condition placed on the zone variance approval for Mr. Tyni's business. Mrs. Connie Sziebl, 8516 Donovan Street, stated as coordinator between Downey and Guadalajara, she has received communication from the Mayor's office in Guadalajara that a large contingent of people will be coming to Long Beach from September 1st to 5th. The Mayor of Guadalajara would like to visit Downey, and she has arranged for Downey to host a dinner at Samba s. Mrs. Sziebl Invited all of Council Minutes 8/23/83 -3- the City Council and City Manager to attend the dinner and to pay for their own meal, but she requested an allocation of funds toward the dinners for the Guadalajara contingent of approximately eight people. it was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by unanimous vote to approve a maximum of $200 toward the dinner at Sambi's. Mr. Gary McCaughan, 9911 Pomering Road, read a statement he has submitted to the local paper which expresses concern regarding actions of the Concerned Citizens to Save the Downey Community Hospital and Concerned Citizens Against Redevelopment Excesses involving the Hospital issue and Redevelopment Plan Amendment #3. He submitted a copy to the CityCouncil. Mr. Richard Lambert, 12511 Birchdale, indicated he had a question regarding Verification of Voter Signatures, which is an Agenda item. He was told the matter would be addressed at the tame the Agenda item is considered. ORDINANCES ORDINANCE NO. 730 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE By ADDING SECTION 9136.17 WHICH RELATES TO TEMPORARY OUTDOOR DISPLAY AND SALES The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt Ordinance No. 730. RESOLUTIONS: None ADMINISTRATIVE REPORTS Councilman Jackman prefers using General Revenue Sharing for the K-9 Proposal but does not want to eliminate the possibility of any fund raising proposals. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to approve the K-9 Proposal. Councilman Barb suggested possibly a service club or other organization would be willing to donate $100 a month to maintain one of the dog teams as part of their service to the community. Councilman Davila inquired regarding statistics concerning the City's present dog. Captain Stone said the present dog has not been that effective; that he will be trained for a single handler and will undergo the same training as the two new dogs. However, Downey's experience has been very positive. Further discussion was held regarding the K-9 proposal. Mr. Newton cacmented on the success of the program in Manhattan Beach. Councilman Davila requested some statistics or documentation be made available in the event the taxpayers have questions. Captain Stone mentioned the City has developed a reporting method for its own dog program. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Corasok It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve Item Nos. 2, 3, 4, and 5 and that Item No. 1 be incorpora- ted in the pending revisions to the service building under Cash Contract #485, Civic Center Project - Change Order No. 11. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to rend approval by the Downey Civic Center Corporation of Change Order No. 9 under Cash Contract No. 491 - Library Project, subject to the City s possible claim aaaanst the architect. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve appropriation of the $19,960 Grant received fran the California Department of Forestry, as outlined in the staffs report. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve a thirty dollar ($30.00) flat fee for Outdoor Sales and Displays. RESOLUTION NO. 4295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEy ESTABLISHING A FEE FOR A TEMPORARY OUTDOOR DISPLAY AND SALES PERMIT The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4295. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to award a Contract for Library Movie and Stork e Services on an hourly basis to the low bidder, Beklns/IranS-Callfornla Moving and Storage. Mrs. Miller responded to questions regarding the amount of time the Library will be closed during the move into the new building. She said there will be par- tial Library services during renovation of the old building. Councilman Barb suggested closing the entire Library operation during the renovation period to eliminate having to move things twice. Mrs. Miller responded that things will have to be moved twice anyway unless the carpeting arrives before the move. Mr. Mike Horvath, representing McAlpine & Salyer, the Library contractor, ex- plained it is intended to install the carpeting September 1st. It was planned the Library would close for a two -week period to trove into the new addition, and after the two -week period, they would have 45 days to finish the old Library. He did mention he has seen inconsistencies in some of the items represented in the plans. Councilman Jackman suggested reviewing the costs for storing the items and not operating the Library during that time, as compared to the method of moving every- thing twice. Mr. Horvath was asked if there is any area in the Library where the materials could be stored, and he replied no. He said the ceiling work to be completed will create a mess, and it is estimated the demolition work alone will take two weeks. Councilman Jackman would be willing to leave the decision up to staff to do what it can to minimize the cost. Councilman Barb questioned the need for replacing the ceiling. Mr. Henriksen indicated the intent was to renovate the building to make it look like the new addition. Mr. Horvath mentioned the time period estimated for renovating the existing Library building could be longer than 45 days. Councilman Barb is in favor of new carpeting, a new roof, and painting the ceiling. He said the ceiling is only 23 years old and should last at least 40 years. Mr. Horvath explained the ceiling can be constructed to look like new except where it meets the ceiling of the new building. Mrs. Miller pointed out the existing Library ceiling is badly stained from years of rain water. Mr. Ovron said his understanding of the motion is to approve as recommended but direct staff to see if there is any way to minimize the costs. Councilmen Jackman and Barb will take a look at the condition of the existing Library building. AYES: 5 Council Members: Jack'=, Barb, Davila, Quinn, Cormack It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve the Automation Library Agreement - Amendment No. 1, authorizing the withdrawal of the City of Santa Fe Springs from the cooperative �atalnrrinn ern.,,-�.., % 7d Funding - Social Service Organizations Mr. Ovram recalled at the Budget study session the Council had approved the We Tip and Cerritos Corridor, and $20,000 was interpreted to be in addition to the two groups. It was imved by Councilman Barb and seconded by Councilman Jackman to adopt the Social Service Funding format presented and to limit the amount to what was spent last year in total. (See amended motion.) Councilman Jackman mentioned last year the amount was $11,427. Mr. Jarrett indicated SECIL will be requesting their total rent of $9,500 at Apollo Neighborhood Center. Councilman Barb questioned the amounts contained in the report and indicated the Council contributed approximately $20,000 last year to various organizations. He said there should be a cap placed on the amount to be distributed. It was moved by Councilman Barb, seconded by Councilman Jackman, and passed by unanimous vote to amend the motion to place a cap of $20,000 on the amount and have staff bring back the proportion of the $20,000 to be given to each group. Mrs. Cook explained the verification procedure of the Registrar of Voters office in verifying signatures on referendum petitions. Mr. Lambert questioned whether a random sampling could be done to save coney It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimus vote to authorize the transfer of $3,231.36 from unappropriated General Fund Reserve into Account #10-4-1130.0700 for the purpose of enabling the City Clerk to contract with the Los Angeles County Registrar of Voters to verify referendum signatures opposing the adoption of Ordinance No. 723. It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by. unanimous vote to approve Amendment to the Proposed Capital Improvement Program of the new Civic Center Drive Project budgeted at $120,000 and the reallocation of capital improvenent funds as outlined in the staff's report. The Proposed Reorganization Plan was referred to closed session. ORAL COnvENICATIONS - City Council: None ORAL COTMWICATIONS - Audience Mr. Joel Lubin, 7820 Allengrove, coimiented regarding the availability of State and Federal officials to Downey. CLOSED SESSION The meeting was recessed to closed session from 10:09 p.m. to 11:10 p.m. to discuss pending litigation and personnel. The meting resured with all Council Members present. By unanimous vote, the Council approved the proposed Administrative Reorgani- zation Plan. ADJOURZENT: 11:10 P.M. cl4.v.a CIO1Z itm,Vie Cook, Deputy OLty Clerk -Treasurer Council Minutes 8/23/83 -6-