HomeMy WebLinkAboutMinutes - 11-23-99 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 23, 1999
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Res. #6304, denying the appeal & approv. Conditional Use
Permit #99-57, for property at 9851 Imperial Hwy. Adopted 2
Res. #6305, denying the appeal & approv. Zone Variance
#99 -56, on property at 9851 Imperial Hwy. Adopted 3
Res. #6306, Resolution of Application requesting detachment
from the Water Replenishment District of Southern Calif. Adopted 5
Council Minutes: Adj. & Reg. Mtgs. 11/9/99 Approved 7
Warrants Issued: 3501 -- 3572, $598,013.05 Approved 7
Mobile Data Terminal Joint Agreement between the
cities of Montebello, Whittier & Downey Fire Dept.
Communication Center Approved 7
Appropriation of funds for agreement wRichard
Robinson & Assoc. to include general advocacy services
in Sacramento Approved 7
Furman Park roof replacement approp. of funds: Award
contract to Millennium. Building Service Approved 8
Approval of the By -laws of the Downey City Hospital
Commission Approved 8
Red curb adjustments on Brookshire Av. adjacent to the
Gallatin Elementary School driveways Approved 8
Aerial photography & mapping consultant contract: Award
a contract to Digital Mapping Assoc. for aerial photography
& mapping services for use in the City's Geographic Info.
System Approved 8
Res. #6307, providing for the implementation of the
Citizen's Option for Public Safety (COPS) program Adopted 8
PAGE 1 OF 3
COUNCIL MINUTES, NOVEMBER 23, 1 999
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #6308, approv. the reappointment of Herb Stevens
to the Water Advisory Board, Dist. 5 Adopted 8
Res. #6309, approv. the reappointment of Matthew Pizzo
to the Parking Place Commission, Dist. 5 Adopted 8
Res. #6310, approv. the transfer of the pipeline franchise
granted to ARCO under Ord. #1007, to Pacific Pipeline
System LLC Adopted 8
City Council Term Limits: Adj. mtg. to 7:30 p.m.,
12/6/99, to consider placing a Charter Measure on the
3/7/2000, Ballot Approved 10
Cn. McCaughan req. info. on the Library Construction
Bond Act & the Gates Library Initiative Grants Ref. to staff 10
Cn. McCaughan expressed the need for neighborhood
improvement in certain areas of Gardendale St. & along
the Santa Ana Frwy. 10
Cn. Perkins wished everyone a Happy Thanksgiving 10
Cn. Perkins commented on things to be thankful for in
the City 10
Cn. Perkins noted the amount for a parking ticket given
on street sweeping day 10
Cn. Lawrence mentioned visiting the downtown areas of
the cities of Claremont and San Juan Capistrano 11
Cn. Lawrence commented on attending a meeting of the
Advocates of Multi - Cultural Harmony 11
Cn. Lawrence noted attending a dinner honoring long -term
City employees & thanked them for their service to the City of Downey 11
Cn. Lawrence wished everyone a Happy Thanksgiving 11
Cn. Winningham thanked the different service groups who
help those less fortunate during the holidays 11
PAGE 2 OF 3
COUNCIL MINUTES, NOVEMBER 23, 1999
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Winningham mentioned looking forward to the upcoming
Miss Downey Pageant & Downey Holiday Lane Parade 11
Mayor McCarthy mentioned the Miss Downey Pageant will
be held on 12/4/99 & the Holiday Lane Parade on 12/5/99 11
Mayor McCarthy commented on conversations with the
Neighborhood Preservation Coordinator re flyers to remind
citizens of fundamental issues re taking care of their homes 11
Mayor McCarthy mentioned attending a meeting of the
Library Commission & adv. that the front of the Library
is being refurbished 11
Mayor McCarthy mentioned approval tonight of the
Citizens Option for Public Safety (COPS) program, which .
was part of the recent Federal Budget approval 11
Mayor McCarthy noted there would be 19 ballot initiatives
on the March 7 Ballot, which includes a Library Bond 11
Mayor McCarthy commented on the action taken re the
Water Replenishment District 11
Mr. Caton mentioned the Council used restraint concerning
the Water Replenishment District issue 12
Mr. Caton mentioned paying a Library fine last week 12
Mr. Caton thanked Congressman Horn and his staff for
obtaining funds that allowed the City to become the owner
of a full -size shuttle mock -up 12
Mr. Caton read a press release concerning a Summary
Judgement against the Water Replenishment District 12
Adj. in memory of Celene (Sally) McFarland, mother of
Dennis McFarland, Streets Supervisor, & Mable Hare,
mother of Laura Wilson, Code Enforcement Officer 12
Meeting adjourned to 7 :30 p.m., December 6, 1999 12
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PAGE 3 OF 3
13326
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 23, 1999
The City Council of the City of Downey held a regular meeting at 7:40 p.m., November 23,
1999, in the Council Chamber of the Downey City Hall, Mayor Keith McCarthy presiding.
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PRESENT: Council Members:
Keith McCarthy Mayor
Joyce L. Lawrence Mayor Pro Tem
Robert C. Winningham
Meredith H. Perkins
Gary P. McCaughan, M.D.
ALSO PRESENT: Gerald M. Caton, City Manager
Charles Vose, City Attorney
Judith McDonnell, City Clerk- Treasurer
Lee Powell, Assistant City Manager
Desi Alvarez, Director of Public Works
Greg Caldwell, Police Chief
Darrell George, Director of Community/Economic Development
Ron Irwin, Fire Chief
James Jarrett, Director of Community Services
Lowell Williams, Director of Finance
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS: None
HEARINGS
Mayor McCarthy opened the public hearing on APPEAL OF CONDITIONAL USE
PERMIT NO. 99 -57 AND ZONE VARIANCE NO. 99 -56 FOR PROPERTY LOCATED AT
9851 IMPERIAL HIGHWAY -- A REQUEST TO CONSTRUCT A CONVENIENCE
MARKET WITH OFFICE SPACE COMBINED WITH AN EXISTING SERVICE STATION,
WHICH WAS CONTINUED FROM THE COUNCIL MEETING OF NOVEMBER 9, 1999,
IN ORDER TO GIVE THE APPLICANT'S ATTORNEY AN OPPORTUNITY TO BE
PRESENT.
There was no further staff report.
Ms. McDonnell advised that a letter in opposition to the project was received from Jo
Johnston, Manager of the apartments at 12417 Benedict Avenue.
It was moved by Council Member McCaughan, seconded by Council Member Lawrence, and
so ordered to receive and file.
Council Minutes 11/23/99 -1-
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Mayor McCarthy asked the applicant's attorney to come forward and present his rebuttal.
Max Ahmadi, land use consultant representing the applicant, explained he was retained by
Mr. Tabbaa to address concerns expressed by the attorney representing the appellant, Mr. Song,
noting he listened to the cassette tape from the previous meeting. He referred to Downey Municipal
Code Section 9146.20, which regulates combined service stations and convenience markets, and stated
the Ordinance adopted in 1984 amending this section was without reason as to why it was required.
He questioned the required distance of 1,000 feet from a school when the land use is combined for a
service station/mini- market, noting this distance is not required when the land use is solely for a gas
station, a grocery store, or a liquor store, and felt the Ordinance fails to explain the rational for the
difference in requirements. He stated none of the items to be sold at the mini- market are regulated
items and felt the Council should not g et involved in the profitability or competition between
businesses. He commented that the school across the street from the project is not a usual school but
i s a part-time, adult oriented and noted City's Planning g
d school d d the Cit ' Plin Division staff thoroughly evaluated
p art
the application, noting any implications as to negative impacts were addressed in the Negative
Declaration forms and California Environmental Quality Act forms. He pointed out the nearby liquor
store is within 600 feet of an elementary school and sells alcohol.
In reference to Mr. Ahmadi's comment that Columbus School was not a typical school,
Council Member Perkins stated he considered both schools on the corners of Firestone and Woodruff
Avenue to be typical schools.
Mayor McCarthy expressed his concern with the fact there are technically four schools in the
area of the required 1,000 foot radius: Calvary Chapel, Columbus High School, Downey Adult
School on the Columbus School campus, and Gauldin Elementary School.
There being no one else to speak, it was moved by Council Member Lawrence, seconded by
Council Member Winningham, and so ordered to close the hearing.
RESOLUTION NO. 6304
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT
99 -57 TO CONSTRUCT A CONVENIENCE MARKET WITH OFFICE SPACE
COMBINED WITH AN EXISTING SERVICE STATION ON PROPERTY AT
9851 IMPERIAL HIGHWAY ZONE!) C2 (GENERAL COMMERCIAL)
The Resolution was read by title only. It was moved by Council Member Lawrence,
seconded by Council Member McCaughan and unanimously carried to waive further reading and
adopt.
Council Member Lawrence referred to the Ordinance adopted in 1984, and explained the
reasoning behind it was to discourage the proliferation of mini -marts selling alcohol. She said she
would support the Conditional Use Permit, noting the zoning and property are suitable for this type
of J ro'ect. She mentioned a word omitted from Section 2, No. 3, Line 2, which should read
of project.
"development of the proposed use in a manner which is not detrimental to the."
Council Minutes 11/23/99 -
1332
Council Member Perkins expressed support, explaining that a similar project was approved
by the Planning Commission and City Council when the School District was attempting to sell the
property at Columbus School.
Council Member McCaughan mentioned previous projects with zero setbacks and stated he
was in favor of this project.
Mayor McCarthy was in favor of the CUP, stating he did not want to see cities or other
governmental bodies limiting competition.
RESOLUTION NO. 6305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL AND APPROVING ZONE VARIANCE 99 -56 TO
CONSTRUCT A CONVENIENCE MARKET WITH OFFICE SPACE
COMBINED WITH AN EXISTING SERVICE STATION WITHIN 1,000 FEET
OF A SCHOOL AND TO MODIFY SETBACK REQUIREMENTS ON
PROPERTY AT 9851 IMPERIAL HIGIIWAY ZONED C2 (GENERAL
COMMERCIAL)
The Resolution was read by title only. It was moved by Council Member McCaughan,
seconded by Council Member Lawrence, and carried by the following vote to waive further
reading and adopt.
AYES: 3 Council Members: Lawrence, McCaughan, Perkins
NOES: 2 Council Members: Winningham, McCarthy
It was noted the "NO" votes were to the adoption of the Resolution and not to the waiver
of further reading.
Prior to the vote, Mr. Yoshiki responded to questions and concerns from Council Members
Winningham and Perkins.
Mayor McCarthy expressed concern with the project's proximity to several schools and
was not in support of the zone variance.
Mayor McCarthy mentioned it has become evident that the Water Replenishment District
(WRD) is failing to serve the interest of the citizens of Downey and the City must move forward
to determine whether or not it makes sense to be a part of this District. He stated groundwater
replenishment is successfully administered without the need for a separate stand -alone district
throughout California and Los Angeles County, advising that other cities have joined with
Downey in initiating detachment procedures from the WRD to protect the interest of their
citizens.
Mayor McCarthy opened the public hearing to CONSIDER THE RESOLUTION OF
APPLICATION FOR DETACHMENT FROM THE WATER REPLENISHMENT
DISTRICT (WRD) OF SOUTHERN CALIFORNIA.
Council Minutes 11/23/99 -3-
13329
Ms. McDonnell affirmed receipt of the Proof that Notice was timely mailed. It was moved
by Council Member Lawrence, seconded by Council Member McCaughan, and so ordered to
receive and file.
Mr. Vose explained the staff request for the Council to adopt a Resolution of Application
to the Local Agency Formation Commission ( LAFCO) for detachment from the Water
Replenishment District of Southern California, noting the City Council approved and adopted a
Resolution Ma y 11 , 1999, giving ivin notice of its intent to initiate detachment proceedings and
exclusion from the WRD. This action was taken on the basis of a determination by the City that
the assessments levied by the WRD for the 1999 -2000 fiscal year and in prior years were
unlawful, unnecessary, overly -burdensome, overl - burdensome, exceeded the statutory authority of the District and
unconstitutionally taxed Downey's water rights. He noted the WRD has increased its
replenishment assessment to the City in the amount of approximately 300 percent since 1991.
The agency has grown to more than 29 employees with five added within the last six months and
has p
engaged dozens of expensive technical, legal and legislative consultants and has proceeded in
a manner in which it is duplicating the efforts of many public agencies. He mentioned issues
raised in the staff report submitted, such as duplication of efforts; unauthorized co- mingling of
funds, unauthorized activities of the WRD; excessive reserves; and constitutional violations. He
noted the ro osed Resolution is a mechanism to challenge the WRD in order to initiate the
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LAFCO review process, whereby the City will then file a formal application with LAFCO. He
advised other cities will also request detachment and the City will file a joint application to
LAFCO with those cities.
Mayor McCarthy asked if there was anyone present to speak on this matter.
Arnaldo Beltran, District Counsel to the Water Replenishment District of Southern
California, objected to the Mayor's introductory remarks, stating they were highly prejudicial to
the nature of this p rocess. He reminded the Council that the climate of a predetermined outcome
does not allow due process required under the Government Code and requested this be noted for
the record. He referred to the City Clerk's response that Proof of Notice was given but
questioned whether there was a Proof of Publication, which he noted as a procedural issue and a
-- flaw in the process. He mentioned very limited notice was given to interested agencies, noting the
pumpers and the City of Bell Gardens were not noticed. He then challenged issues raised in the
staff report. He stated the City's application fails to address the issue of clean water and the issue
of the numerous wells in the City that are contaminated because of a quirk in the law. He felt the
language of the Resolution is not clear, questioning whether the City is planning to annex territory
or is pursuing detachment.
Council Member Perkins asked about the mission of the Water Replenishment District.
Mr. Beltran responded the WRD is responsible and charged with the replenishment of the
groundwater basin and has clean water responsibilities.
Council Member Perkins asked questions of Mr. Beltran, which he said were in response
to issues raised by Mr. Beltran during his comments.
Council Member McCaughan stated, after hearing Mr. Beltran's comments, he is now
convinced to go forward with the City's action.
Council Minutes 11/23/99 -4-
i 333
Mr. Beltran expressed concern about the willingness of the Council to reveal that it has
already made up its mind about a particular course of action before the conclusion of the hearing.
Council Member Lawrence explained some of the Council Members have not spoken Y et
and that their motives and decisions should not be prejudged.
Mayor McCarthy asked Mr. Beltran if he represented any other agency tonight that he
claimed did not receive notice of the City's application and the response was no.
Lennie Whittington, 8542 Manatee Street, commented on the way the WRD conducts its '^
meetings, noting he requested information on behalf of former Mayor and Council Member Diane
Boggs and the documents requested were not furnished, which was in violation of the Public
Records Act. Also, the WRD does not allow the public to speak at their meetings, which is in
violation of the Government Code. He stated the WRD has used public funds for breakfast
meetings and to assist members of their board who are up for reelection, which is a misuse of
public funds.
David Bowers, 10620 Dolan Avenue, commented on receiving recent mailings from the
WRD boasting about their efforts. He felt it was very important that the City's water is clean.
Chris Helm, Consultant with P. B. S. & J., advised he was present at the request of the
Water Replenishment District's general counsel to address technical aspects of the proposal to
de -annex from the WRD and to deal with what would happen if the City is successful in this
endeavor. He noted this action may jeopardize the City's water rights and lead to increases for
the City and its residents. He commented on deficiencies in the application and how the
de- annexation could impact the city.
Richard B. Pridham, 10402 Bellman Avenue, commented on his meeting with the General
Manager and his staff at the Water Replenishment District and referred to a process planned at
that time for processing water from the Los Angeles River, which he felt was impractical, noting
the WRD spent $600,000 and nothnn came of it. He noted he was in a reement with the Council
p nothing g
but suggested the City know for certain that it can operate wells and make provisions for
replenishment or it will have problems.
There being no one else to speak, it was moved by Council Member Lawrence, seconded
by Council Member McCaughan, and so ordered to close the hearing.
RESOLUTION NO. 6306
RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY
OF DOWNEY REQUESTING THE LOCAL AGENCY FORMATION
COMMISSION TO INITIATE PROCEEDINGS FOR TIIE
REORGANIZATION OF TERRITORY
The Resolution was read by title only. It was moved by Council Member Lawrence,
seconded by Council Member Winningham, and unanimously carried to waive further reading
and adopt.
Council Minutes 11/23/99 -
1333
Prior to the vote, Council Member Lawrence requested information regarding the City's
water rights, as she understood the WRD did not have water rights, that it was the pumpers who
have these rights.
Mr. Alvarez advised that the water rights and the management of the groundwater basin
are controlled by the courts and the courts in the early 1960's issued an agreement which
adjudicated the water rights in the basin, explaining that Downey, as well as other pumpers in the
basin, own the water rights by virtue of that court decision. The allegation that the City's water
rights would be put at risk are unfounded; the WRD has no water rights within the district.
Council Member Lawrence mentioned attending WRD meetings and being denied the
right ht to speak. She felt the governance of the WRD could run the operation more frugally by
bidding projects out when appropriate. Also, the amount paid by Downey citizens and other
cities is a substantial amount and she felt that public assets should not be used for private gain,
such as to assist in someone's election bid. She mentioned the WRD has hired several public
relations and legal firms because there are big stakes involved in this issue, noting if the City must
withdraw to turn things around, it in no way negates the City's interest in clean healthy water for
its citizens.
Council Member Winningham asked if a Joint Powers Authority (JPA) would buy their
water from the same place as the WRD or from other sources.
Mr. Alvarez responded that a JPA, if formed, would have access to the same sources of
water as the WRD. The WRD was formed as a tax collector for the purpose of collecting the
monies necessary to purchase water for replenishment purposes. It does not own or operate
replenishment facilities. He went on to explain how the WRD operates, how the water is
purchased, and how the cities that withdraw from the district would still continue to operate the
water replenishment process.
Council Member Winningham expressed concern with the WRD's lack of accountability,
stating they have not done a good job of management. He felt a JPA could do better and
supported the Resolution.
Council Member Perkins pointed out that the WRD has a fund equity of over $50 million;
has increased their rates by 33 percent each year; has gone from a small work force to almost 29
employees; and questioned why they proposed a $34 million bond with $50 million in reserve. He
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did not make his decision before this hearing but felt the WRD is an agency that is totally out of
control and cities need to find a way to check it.
Council Member McCaughan asked if the hearing notice and publication went through the
standard procedure and the response was yes. He referred to the allegation of a predetermined
decision and stated he has never seen a predetermined decision of the Council Members during his
eight years on the Council. He asked what the attorney and consultant representing the WRD are
being paid, and referred to courses he has taken and his knowledge of water and referred to a
remark that '�
Downey 's water is contaminated, requesting a reply from staff. He was reassured the
City provides excellent quality water and none of it is contaminated. It meets and exceeds the
requirements for potable drinking water.
Council Minutes 11/23/99 -
13 332
Council Member McCaughan then commented on the water contamination that is moving
from the upper basin across the Whittier Narrows and entering the Central Basin. He advised that
by virtue of the powers vested in charter cities by the State Constitution, the City of Downey and
. � y y
other charter cities have control over their own groundwater and control of the basin and can do
cleanup activities, noting Downey is involved in this process on the I -105 Freeway, without the
participation of the WRD.
Mr. Alvarez responded to questions of Council Member McCaughan regarding the Water
Master, the City's ability to pump water, and also explained there is no other replenishment
district in the State besides the WRD.
Mayor McCarthy noted this issue was introduced six months ago and expressed
disappointment that none of the board members of the Water Replenishment District were in
attendance. He and Council Member Lawrence have met with the board members to address the
City's concerns and have been frustrated in making any progress, which has brought the Council
to the issue being heard tonight.
ORAL COMMUNICATIONS: None
The meeting recessed at 9:27 p.m. and reconvened at 9:35 p.m. with all Council Members
present.
CONSENT CALENDAR - ITEMS FOR REMOVAL: None
CONSENT CALENDAR
It was moved by Council Member Winningham, seconded by Council Member Perkins, and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, NOVEMBER 9,
1999: Approve.
WARRANTS ISSUED: NO. 3501 — 3572, $598,013.05: Approve.
MOBILE DATA TERMINAL JOINT AGREEMENT BETWEEN THE CITIES OF
MONTEBELLO, WHITTIER, AND THE DOWNEY FIRE DEPARTMENT
COMMUNICATION CENTER: Approve.
APPROPRIATION OF FUNDS FOR AGREEMENT WITH RICHARD ROBINSON &
ASSOCIATES TO INCLUDE GENERAL ADVOCACY SERVICES IN
SACRAMENTO: Authorize the appropriation of funds in the amount of $40,500 to augment
the current agreement with Richard Robinson & Associates to include general advocacy
services in Sacramento: Approve.
Council Minutes 11/23/99 -7-
13333
FURMAN PARK ROOF REPLACEMENT APPROPRIATION OF FUNDS: Award a
contract to Millennium Building Service in the amount of $11,470 for replacing the roof on
Activity Room #2 at Furman Park and appropriate funds in the amount of $11,470 for the
work: Approve.
APPROVAL OF THE BY -LAWS OF THE DOWNEY CITY HOSPITAL
COMMISSION: Approve.
RED CURB ADJUSTMENTS ON BROOK SHIRE AVENUE ADJACENT TO THE
GALLATIN ELEMENTARY SCHOOL DRIVEWAYS: Approve red curb adjustments
on the west side of Brookshire Avenue as follows: Remove 20 feet of red curb from the
existing 30 feet located immediately south of the southerly driveway; and install 10 feet of red
curb immediately south of the northerly driveway: Approve.
AERIAL PHOTOGRAPHY AND MAPPING CONSULTANT CONTRACT: Award a
contract to Digital Mapping Associates in the amount of $97,750 to provide citywide aerial
photography and mapping services for use in the City's Geographic Information System (GIS),
and to appropriate $48,875 from the Water Fund and $48,875 from the Sewer Fund:
Approve.
RESOLUTION NO. 6307 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROVIDING FOR THE IMPLEMENTATION OF THE CITIZEN'S OPTION
FOR PUBLIC SAFETY (COPS) PROGRAM, ESTABLISHING THE CITY'S
SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND (SLESF), AND
MAKING THE ALLOCATION OF FUNDS WITHIN THE CITY'S SLESF
RESOLUTION NO. 6308 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF HERB STEVENS TO THE
WATER ADVISORY BOARD, COUNCIL DISTRICT 5
RESOLUTION NO. 6309 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF MATTHEW PIZZO TO THE
PARKING PLACE COMMISSION, COUNCIL DISTRICT 5
RESOLUTION NO. 6310 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE TRANSFER OF THE PIPELINE FRANCHISE GRANTED
TO ARCO UNDER ORDINANCE NO. 1007 TO PACIFIC PIPELINE SYSTEM
LLC
ORDINANCES: None
Council Minutes 11/23/99 -8-
i3334
RESOLUTIONS: None
ADMINISTRATIVE REPORTS: None
OTHER BUSINESS - Consent Calendar - Items remo by Council Approval: None
OTHER BUSINESS - Council Members
CITY COUNCIL TERM LIMITS
Council Member McCaughan referred to the memorandum from the City Attorney regarding
term limits and appealed to the Council to give the public a chance to revisit the term limits initiative,
especially the lifetime ban, which he felt was a detriment to the community. He advised that no other
city in Southern California has the lifetime ban. He stated the proposed change would not eliminate
candidates from running again after being out of office a full term or longer. He read the current
charter wording, stating he felt many of the voters did not realize that they were voting for a lifetime
ban and read the proposed language change to City Charter Section 500.1, No (1).
David Bowers, 10620 Dolan Avenue, mentioned having concerns with the way term limits are
sometimes imposed but understood that the voters decided they want term limits in place. He urged
the City not to spend any money on a special election to present this to the voters.
Lennie Whittington, 8542 Manatee Street, mentioned there were many discussions and debates
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on this issue and the public overwhelmingly said they wanted the lifetime ban.
Council Member Lawrence referred to a letter she wrote to the editor regarding term limits,
statin g she would change what she had written based on the recent Downey Unified School District's
Board election where the community reelected four people, three of whom have served over 20 years,
stating if the theory of good government is fresh people, why did the community reelect the long -term
incumbents. She was in support of asking the voters what they really want on term limits and
suggested the time between a third term be two years, if someone wants to come back in the at -large
position in District 5.
Council Member Winningham inquired if this issue could be included with the Statewide
Primary Election in March and was advised that the Council would have to make its decision by
10 December 14
December 10 . It was pointed out the next Council Meeting is scheduled for Dece 14
b ,
therefore, tonight's meeting would have to be adjourned to an earlier date. He also requested the cost
of the last citywide election and was informed it was approximately $22,000 and that this election
would cost more. Ms. McDonnell advised that she contacted the County and was informed that a
measure can be added to the March 2000 Ballot.
Mayor McCarthy stated that one disadvantage of replacing people every eight years is in the
City's relationship with other agencies, wherein the City loses authority. He noted the term limit issue
was initiated by the citizens and felt if it is to be changed or removed, it should be initiated by the
citizens.
Council Minutes 11/23/99 -9-
1333
Council Member McCaughan felt the cost was not high in terms of other decisions made by the
City and did not feel the prior term limit initiative was straight from the people, noting the circulators
were not citizens but were paid people. He suggested placing the issue on the March Ballot to keep it
away from the Council Election in November.
It was moved by Council Member McCaughan, seconded by Council Member Lawrence, and
carried by the following vote to adjourn tonight's Council Meeting to 7:30 p.m., December 6,
1999, to consider placing a Charter Measure on the issue of City Council Term Limits on the
March 7, 2000, Ballot.
AYES: 3 Council Members: Winningham, Lawrence, McCaughan
NOES: 2 Council Members: Perkins, McCarthy
David Bowers, 10620 Dolan Avenue, stated he would not complain if the Council voted to
place this on the ballot in March.
Lennie Whittington, 8 542 Manatee Street, mentioned he was not involved in the last election
on this issue but felt it would be very divisive for the community.
Council Member Winningham stated he felt the public should decide and felt that the
implications of a lifetime ban should be explained to the citizenry, as he did not feel a lot of people
understood the impact it could have on City government.
Lennie Whittington, 8542 Manatee Street, requested clarification on what the Council was
voting on and was informed the vote was to set a special meeting to consider placing the Charter
Measure on the March 7, 2000, Ballot.
David Bowers, 10620 Dolan Avenue, asked if this will be the only item on the December 6,
1999, Agenda, and was advised this will be up to the Council. It was noted the Agenda will be posted
72 hours prior to the meeting.
Council Member McCaughan requested information on the Library Construction Bond Act
and what it means to the City's Library and also the Gates Library Initiative Grants.
Council Member McCaughan expressed the need for neighborhood improvement in certain
areas of Gardendale Street, giving examples of code infractions and poor maintenance. He
suggested talking to Code Enforcement and the Neighborhood Preservation Coordinator to review
these concerns. He also noted the same conditions exist along the Santa Ana Freeway.
Council Member Perkins wished everyone a Happy Thanksgiving.
Council Member Perkins commented on things to be thankful for in the City, such as the
Police Department; preparations for potential Y2K. problems; and Community Development Block
Grant funds used to assist people on low incomes with home improvements.
Council Member Perkins noted the amount for a. parking ticket given on street sweeping day,
p g g
which he learned first -hand.
Council Minutes 11/23/99 - 10
I 3 3 36
Council Member Lawrence mentioned visiting the downtown areas of the cities of Claremont
and San Juan Capistrano, noting their charm and improvements made. She hoped the City would have
a downtown project in the new millennium that it would be proud of.
Council Member Lawrence commented on attending a meeting of the Advocates of Multi -
Cultural Harmony to discuss how to get more people involved in being aware and inclusive of other
people and their cultures.
Council Member Lawrence noted attending a dinner honoring long - term City employees
and thanked them for their service to the City, mentioning 30 -year and 25 -year employees in �^
attendance.
Council Member Lawrence wished everyone a Happy Thanksgiving.
Council Member Winningham thanked the different service groups that help those less
fortunate during the holidays, such as PTA Helps.
Council Member Winningham mentioned looking forward to the upcoming Miss Downey
Pageant and the Downey Holiday Lane Parade and hoped for a good turnout for both.
Mayor McCarthy mentioned the Miss Downey Pageant will be held on December 4 at the
Downey Civic Theatre and the Holiday Lane Parade will be on Sunday, December 5`
Mayor McCarthy commented on conversations he has had with the Neighborhood
Preservation Coordinator regarding sending out flyers in various mailings to remind citizens of the
fundamental issues regarding taking care of their homes. He noted that new people moving into
the City are not familiar with the City's Codes and felt fliers would serve as reminders.
Mayor McCarthy mentioned attending a meeting of the Library Commission and advised that
the front exterior of the Library is being refurbished. He encouraged staff to include an amount in
the budget to have the Library open on Sundays, which is one of the free services the City can offer
and would be particularly helpful to students.
Mayor McCarthy mentioned approval of an item on the Consent Calendar regarding funding
for the Citizens Option for Public Safety (COPS) program, noting this was part of the recent
Federal Budget approval. The City will receive almost $225,000 and suggested some of the funds be
used for the Citizen's Academy.
Mayor McCarthy noted there will be 19 ballot initiatives on the March 7 111 Ballot, one of
which will be a Library Bond.
Mayor McCarthy commented on the action taken regarding the Water Replenishment
District (WRD), stating he felt the Council was left with no alternative. He noted the WRD is a
publicly elected body and has been unresponsive. He asked for the public's support, noting other
cities are following suite, and he felt it was the right thing to do.
Council Minutes 11/23/99 -11-
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OTHER BUSINESS - Staff Members
Mr. Caton mentioned the Council used restraint concerning the Water Replenishment
District issue, noting the WRD has launched an investigation of the City, whereby the City has
produced over 12,000 pages of documents for the WRD's attorneys, which the citizens of Downey,
through their water rates, are paying for.
Mr. Caton mentioned paying a Library fine last week.
Mr. Caton thanked Congressman Horn and his staff for obtaining funds, which allowed the
City to become the proud owner of a full - size shuttle mock - up.
Mr. Caton read a ress release concerning a Summary Judgement against the Water
p g rY � g
Replenishment District. The Court found the WRD's proposed bond financing measure was
unlawful and if the City had not challenged the bond issue and it had been approved, Downey's share
on a year -by -year basis would have been approximately $700,000, which its citizens would have paid.
ADJOURNMENT: 10:28 p.m.
The meeting was adjourned in memory of Celene (Sally*) McFarland, mother of Dennis
McFarland, Streets Supervisor, Public Works Department; and Mable Hare, mother of Laura
Wilson, Code Enforcement Officer, Police Department, to 7:30 p.m., December 6, 1999, in the
Council Chamber of Downey City Hall.
lb
ith E. McDonnell, City Clerk eith McCarthy, Mayor
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Council Minutes 11/23/99 -12-