HomeMy WebLinkAboutMinutes - 12-06-99 - Adjourned w CDC 13339
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
DECEMBER 6, 1999
The City Council of the City of Downey held an adjourned regular meeting at 7:32 p.m.,
December 6, 1999, in the Council Chamber of the Downey City Hall, Mayor Keith McCarthy
presiding.
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
Shirley Conte, Executive Secretary
ADMINISTRATIVE REPORTS
CONSIDERATION OF PROPOSED CHARTER MEASURE AMENDING SECTION
500.1 OF THE DOWNEY CITY CHARTER RELATING TO CITY COUNCIL TERM
LIMITATIONS
Council Member McCaughan stated he would concur with the majority of the Council, noting
if there has been a shift in position, he did not wish a lengthy discussion.
Ms. McDonnell read the titles of the Resolutions, noting the Council will need to decide which
Council Member will file the arguments in favor of the proposed Charter Measure in the second
Resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 7, 2000, FOR
THE SUBMISSION OF PROPOSED AMENDMENT NO. 13 TO THE
DOWNEY CITY CHARTER RELATING TO CITY COUNCIL TERM
LIMITATIONS
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN
ARGUMENT REGARDING PROPOSED CITY CHARTER AMENDMENT
NO. 13 RELATING TO CITY COUNCIL TERM LIMITATIONS AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL
ELECTIONS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF DOWNEY
SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE PRIMARY
ELECTION TO BE HELD ON MARCH 7, 2000, PURSUANT TO SECTIONS
10401 AND 10403 OF THE CALIFORNIA ELECTIONS CODE
Ed Di Loreto, 12405 Woodruff Avenue, spoke in opposition of the proposed amendment
to the current term limits and submitted copies of a letter he had sent to the Mayor dated
December 2, 1999, which he also read. He felt the public spoke loud and clear on this issue and
that it was a waste of money to test them again.
David Bowers, 10620 Dolan Avenue, mentioned concern with the way the Resolution is
written and how the proposed Charter Measure will appear on the March 2000 Ballot. He felt
people would not realize, unless they read the ballot information, what they were voting for. He
referred to Section 2, (a), stating he felt it offered the opportunity for a write -in candidate.
Mr. Vose advised this portion of the Resolution contains the same language currently in
the City's Charter, which does offer the opportunity for a write -in candidate or the appointment
of a Council Member to fill an unexpired term.
Lennie Whittington, 8542 Manatee Street, referred to the discussion of this issue at the
previous Council Meeting and felt the first Resolution presented was misleading, stating it reads
the same as the Charter is now written. He mentioned the schedule for filing arguments was not
in the public packet until prior to the meeting. He felt the incumbent has an advantage in any
election and stated he was in favor of term limits.
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13341
Terry Lambrose, 9715 Brookshire Avenue, spoke in favor of term limits and read an
article from the Press Telegram quoting statements from the Council Members on this topic. She
referred to the recent Board of Education election, stating it was easy for the incumbents to be
reelected because of the endorsements they received. She was opposed to spending City funds to
place a charter measure on the ballot.
Frank Perez, 9104 Gainford Street, spoke in favor of term limits.
Jeff Bell, 12838 Barlin Avenue, thanked Mayor McCarthy and Council Member Perkins
for being advocates for the people. He suggested the Council Members in favor of amending the
present term limits, to draft a petition and obtain the required signatures, as was done during the
1993 initiative. He was opposed to anyone serving more than two terms in office.
Doris Paterson, 10524 Lesterford Avenue, complimented the City Council but stated she
believes in term limits. She urged the Council not to revisit the issue, stating there are other ways
to serve the community.
Mike Prokop, 10444 Julius Avenue, said a hue and cry from the public is missing and that
the people spoke loud and clear in 1993 in favor of term limits. He felt eight years in office was
enough but would like to see a hiatus of two or four years before returning to office.
Dennis Carroll, 2037 Conquista, Long Beach, explained he wrote the term limits initiative
for the City of Long Beach, which passed in 1992. He agreed that certain things are lost with
term limits, noting it is not a perfect remedy but felt it was premature to revisit this issue again.
He mentioned he included a write -in possibility in his term limit initiative and people felt more at
ease with this option.
Council Member McCaughan pointed out that none of the surrounding cities have a
lifetime ban, mentioning a city loses its power in the various organizations it belongs to with no
long -term Council Members. He disagreed that the 1993 term limit initiative was the will of the
_._, people, noting many people are still of the understanding that present Council Members could run
again if they desired.
Mr. Caroll pointed out the required number of signatures was obtained in 1993 and felt
the present argument would be stronger if signatures had been obtained to show the present
proposal was the will of the people.
Joseph Di Loreto, 8607 East Imperial Highway, spoke in favor of term limits and felt
Council Members were using their position in violation of the will of the people. He gave a brief
history of the term limits issue dating back to a proposal of former Mayor Barbara Hayden, noting
he solicited signatures for petitions on an initiative, which was then placed on the ballot. He felt
Council Member McCaughan should do the same if he wants to place this before the voters and
urged the Council not to waste money to put this on the ballot. (**see amended wording, Page 5)
Joseph Polselli, 9330 Gallatin Road, supported Council Member McCaughan on this
matter and felt a erson should be allowed to wait four years and then run again, if they so
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desired. He also supported a high standard of pay for Council Members and urged Council
Member Winningham to support the term limit proposal.
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Council Member Perkins stated he felt the term limit issue was brought up due to the
results of the recent school board election and mentioned concerns he has heard from constituents
about school related issues. He referred to the history of the City since 1956, noting there have
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been 38 City Council Members, six of whom have served three terms; ten have served two terms;
and seventeen have served one term. He indicated no one has served more than 12 years and
there are people serving on the City Council for as long as 28 years in other cities. He felt the
people voted on term limits and that the will of the eo le should stand.
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Council Member McCaughan pointed out that from 1957 to 1993 there were no term
limits in the City and explained that the issue is not term limits, but is term limits without the
lifetime ban. The survey of other cities shows that none have a lifetime ban and man y have no
term limits at all. He referred to a prior comment about the wording of the proposed measure
being misleading to the public, noting only ten words would be changed, with the rest remaining
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as originally written.
Council Member Lawrence felt the voters in the City are apathetic, since there was only a
ten percent turnout at the most recent election. She has encouraged public participation and
voted to discuss this issue tonight to encourage dialogue. She stated the Council is concerned
that the City's government is the best it can be for the citizens of Downey and explained that
attending Council Meetings to discuss business is only a small portion of what the Council's job
involves. She noted her support of Council Member cCaughan in his bid to place this issue
before the voters. (* *see amended wording, Page 5
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Mayor McCarthy concurred with Council Member Perkins in that he felt this is not the
time to revisit the issue of term limits. He referred to the ballot measure p aased in 1993 and felt
the issue was still fresh in the voters' memories.
Council Member Winningham read a prepared statement, stating he wished people would
have contacted him with their opinions but it did not happen. He noted a major portion of the
Council's job is to listen to public input, study the issue, and make a decision based on what is in
the best interest of the City and its future. He believes in term limits at the National and State
level but not at the local level. He felt the Council is the ultimate act of community volunteerism
and its members really care about the City. He expressed concern that in the future, the City may
be faced with unqualified candidates. He offered his support in gathering signatures to place this
item before the voters, in the way it was done in 1993.
It was moved by Council Member Winningham, seconded by Council Member Lawrence,
and unanimously carried to receive and file.
ORAL COMMUNICATIONS
Jeff Bell, 1283 Barlin Avenue, mentioned attending the meeting was a good learning
experience and complimented Council Member McCaughan.
Terri Lambrose, 9715 Brookshire Avenue, commended each Council Member, noting she
was proud to sit in the audience and listen to their comments.
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Ed Di Loreto, 12405 Woodruff Avenue, commended the final judgement of the Council
and thanked them for giving the present law a chance. He offered his assistance to help change the
law, if it does not work within the next ten or fifteen years.
Lennie Whittington, 8542 Manatee Street, mentioned his appreciation for the work Council
Members do for the City.
ADJOURNMENT: 9:18 p.m.
The meeting was adjourned to 6:30 p.m., December 14, 1999, in the Council Chamber of
Downey City Hall.
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w ith E. McDonnell, City Clerk Keith McCarthy, Ma o
H:\CCLERKISCONTE\MINUTE3\ccmn l 206
**At the Meeting of January 11, 2000, the Minutes were amended as follows: On Page 3, Paragrap k
9, Line 1, after the word "Highway," insert the words "a Superior Court Judge who stated he was
speaking as a private citizen and not a Judge," and on Page 4, Paragraph 3, adding the words "She
felt the return of four longtime incumbents to the Downey Unified School District Board showed an
inconsistency in public attitude regarding terra limits and what makes up good government and that
is why she wanted to have the dialogue."
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