HomeMy WebLinkAboutMinutes - 11-12-96 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
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NOVEMBER 12, 1996
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentation of newly promoted personnel, recent recruits
and new uniform and patch of the Fire Department p 1
Proclamation to Energy Resource Center as recognition for
being a winner of the 1996 Waste Reduction Awards
Program (WRAP)
1
Appeal, Zone Variance #96 -61 /Conditional Use Permit #96 -62,
10065 Sideview Drive (Applicant /Appellant Charles Kinstler II ) 5
Bob Winningham re establishment of a Hospital Commission 5
John Gonzalez re difficulty in obtaining public records from
the City of Bellflower 6
Lennie Whittington re traffic problems on Patton Road and
complaint about closure of the Library on Saturday, 11/9/96 6
Council Minutes: Adjourned & Regular Meetings, 10/22/96 Approved 6
Warrants Issued: 126144 - 126735 Approved 6
Appeal of Revocation of the Fireside Bar & Grill: Refer to
Hearing Officer Approved 6
Code Amendment No. 96 -78, to amend sections of the Set Hearing
Downey Municipal Code related to Parking 11/26/96 6
Street Closure for Chamber of Commerce Street Faire Approved 6
Ord. #1031, approving Zone Change #96 -66, properties at
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7501, 7515 and 7539 Firestone Bi. from C -1 to C -2 Zone Adopted 6
Res. #5996, recognizing the death of Raul Perez, Councilman,
City of Huntington Park Adopted 7
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Cn. Boggs re complaint on Cable Television service 7
PAGE 1 OF 3
COUNCIL MINUTES, NOVEMBER 12, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Boggs re Hospital Commission Place on next agenda 7
Cn. Boggs re No. 2 on Top Ten List - encouraged Council
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and Staff to do everything possible to recapture taxes
the State has taken from cities 7
Cn. Boggs re final update on. I -105 Freeway 7
Cn. Riley request for City Attorney to research formation
of a Hospital Commission 7
Cn. McCaughan re Halloween programs at the Park 8
Cn. McCaughan re updated report on child care program
at Imperial School and expanding to other schools 8
Cn. McCaughan re Hospital Commission 8
Cn. McCaughan re comments about City Manager 8
Mayor Lawrence re putting Hospital Commission on the
Agenda 8
Mayor Lawrence re Keep Downey Beautiful clean up of
the City and trashing of the City with political signs 8
Mayor Lawrence re Red Ribbon Week 8
Mayor Lawrence request for report on C -3 uses in
downtown area & called for meeting of Blue Ribbon Comm. 8
Mayor Lawrence re decision in case Crawford vs. Lundgren -
dealing with unprotected newsracks of sexually oriented material 8
Mayor Lawrence re seating of new Council Members 12/3/96 8
Mayor Lawrence re use of gavel during oral communications 8
Mr. Caton congratulated Mayor Lawrence and Council
Member McCaughan on reelection and looks forward to
working with Council Member Elect Keith McCarthy 8
PAGE 2 OF 3
COUNCIL MINUTES, NOVEMBER 12, 1996
TABLE OF MINUTE ACTIONS CONTINUED
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SUBJECT ACTION PAGE NO.
Mr. Caton re importance of resolving the Hospital situation 9
Adjourned in memory of Raul Perez, former Councilman
for the City of Huntington Park 9
Meeting adjourned to 6:30 p.m., November 26, 1996 9
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PAGE 3 OF 3
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 12, 1996
The City Council of the City of Downey held a regular meeting at 7:30 p.m., November 12,
1996, in the Council Chamber of the Downey City Hall, Mayor Joyce L. Lawrence presiding.
PRESENT: Council Members:
Joyce L. Lawrence Mayor
Diane P. Boggs Mayor ProTem
Robert S. Brazelton
Gary P. McCaughan
Barbara J. Riley
ALSO PRESENT: Gerald M. Caton, City Manager
Tim McOsker, City Attorney
Judith McDonnell, City Clerk - Treasurer
Lee Powell, Assistant City Manager
Greg Caldwell, Police Chief
Ron Irwin, Fire Chief
James Jarrett, Director of Community Services
Art Rangel, Director of Economic & Community Development
Richard Redmayne, Director of Public Works
Lowell Williams, Director of Finance
Franklin DeGroot, Principal Planner
Robert Gallagher, Building Official
Ron Yoshiki, Asst. Director of Community Dev./City Planner
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June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Chief Irwin introduced newly promoted personnel and recent recruits of the Fire
Department. He also presented the department's new uniforms and patch, explaining they are
made out of a safer, more fire resistant material called Nomex 3. He presented a framed patch to each
Council Member.
Mayor Lawrence presented a proclamation to Diane Morrison of the Energy Resource
Center commending the Center for their recognition by the California Integrated Waste Management
Board as a winner of the 1996 Waste Reduction Awards Program (WRAP) for their efforts to reduce,
reuse, recycle, and to buy recycled.
Council Minutes 11/12/96 -1-
HEARINGS:
Mayor Lawrence opened the public hearing on APPEAL OF ZONE VARIANCE
#96 -61 /CONDITIONAL USE PERMIT #96 -62, 10065 SIDEVIEW DRIVE APPLICANT/ -
APPELLANT CHARLES KINSTLER I1).
Ms. McDonnell affirmed receipt of the proof of publication. It was moved b y Council Member
Boggs, seconded by Council Member Brazelton, and so ordered to receive and file.
Mr. Yoshiki narrated slides explaining staff's concerns with this appeal application, noting it is
the applicant's desire to establish a tennis court with fencing and lighting, through a requested
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variance, on the property line in the front yard setback area. He advised the Planning Commission
denied the variance requested but did approve the Conditional Use Permit, which addresses the
placement of lighting for the tennis court. He noted the applicant executed a Covenant, which tied
the properties as a single parcel but advised this does not remove the fact there are two front yards,
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one on Sideview Drive and one on Downey Sanford Bridge Road. He explained the appeal is really
the consideration of granting a variance that would encroach into the front yard and advised the
Planning Commission could not make the findings necessary to grant it.
Council Member McCaughan inquired if the applicant had accepted the plan staff offered,
whether he would have been able to build a wall without having a variance, as the wall in the front
yard could only be 42 inches. Mr. Yoshiki replied the wall could be moved to the front y and setback,
which would be 20 feet. Council Member McCaughan then asked if there were attachments that were
not reviewed by the Planning Commission and was advised the specific exhibits that are P art of the
appeal were not presented to the Commission but were mentioned.
There was no correspondence received regarding this matter.
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Mayor Lawrence asked the applicant or his representative to come forward and present the
case on Appeal of Zone Variance #96-61/Conditional Use Permit #96 -62.
Timothy Casey, 4921 Birch Street, Newport Beach, 92660, attorney and counsel for
Mr. Kinstler, stated the language of the covenant reads "Lots 1, 2 and 4 of this ma p shall be held as
one parcel and no portion shall be sold separately or developed with any additional main uses." He
noted the Kinstlers advised the City they intended to build a tennis court and the covenant states the
property may be developed with a tennis court, tennis court fencing, and other similar accessories and
uses. • The covenant was unclear as to restrictions and limitations of the uses, and the Planning
Commission interprets it as one parcel of property with two front yards; the Kinstlers propose it is one
parcel of property, with one front yard and one back yard.
Charles Kinstler, 10065 Sideview Drive, presented letters from neighbors indicating their wish
to see the tennis court in the area he proposed to prevent loitering that might take place if a large area
is left open. He presented photographs of similar properties with approved tennis courts and asked for
the same consideration. He urged Council to consider all the circumstances, noting Proposal #1 is his
highest priority, with Proposal #2 satisfying the code.
Council Minutes 11/12/96 -2-
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Council Member Brazelton felt the elements necessary to qualify for a variance were p resent
and questioned why they had not been addressed. Mr. Kinstler explained the Ordinance deals with a
situation regarding a common piece of land that is readily identifiable under the code, but this is not
the situation in this case.
Council Member Boggs noted her concern when people buy two lots making what would
normally be a front yard a back yard and advised it changes the aesthetics of a street.
Referring to the staff report, Council Member McCaughan asked for an explanation of a
through lot and asked staff or the City Attorney to explain Section 9104.162.
Responding to a question, Mr. McOsker offered an explanation of "a through lot" as described
in Downey Municipal Code Section 9104.162 and the interpretation of staff, the City Attorney's
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office, and the Planning Commission as it pertains to this case.
Mr. Yoshiki also explained that a through lot, by Code definition, creates two front y ards and
the two front yards require the landscaping setback.
Mr. Kinstler stated the second alternative is a 20 foot setback. The alternative suggested b
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the Planning Commission was 50 feet, and this created the appeal.
Discussion was held regarding Mr. Kinstler's Proposal #2 for the 20 foot setback.
Mayor Lawrence asked if there was anyone present wishing to speak in favor of Appeal, Zone
Variance #96-61/Conditional pp '
ce #96 -61 /Conditional Use Permit #96 -62.
John Gonzalez, 13 002 Paramount Boulevard, Paramount, asked that an y mail be sent to him at
9712 Compton Boulevard in Bellflower since he has not processed a change of address. He then
made comments about past City officials, past City business and staff and was asked by Mayor
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Lawrence that he stick to the merits of this case or take his seat. When he continued with this line of
discussion, he was ruled out of order and asked to take his seat.
There being no one else wishing to speak in favor of the , ap eal Mayor Lawrence asked if
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there was anyone present who wished to speak in opposition.
David Feur, 10018 Downey Sanford Bridge Road, the property owner immediately north of
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subject property, said the City Clerk's statement that there was no correspondence received is not
correct, that he delivered a letter several months ago to Council Member Brazelton, which was
received by the Clerk. He was later informed by Mr. McOsker that the correspondence referenced
was not for this hearing, so the City Clerk's response was correct. Mr. Feur then expressed concerns
about having the tennis court built so close to his property, which he feels will be an eyesore. He also
concurred that he had not submitted new correspondence for this hearing.
Mary L. Squire, 9546 Metro Street, commended the Kinstlers as lovely people and asked the
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Council to help them and the neighbor next door to get along. She feels when the trees are grown in
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18 months, no one will see the tennis court.
Council Minutes 11/12/96 -3-
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David Feur, indicated he is not adverse to the tennis court, but he does not want it next to his
house.
Mayor Lawrence asked if the applicant would like to speak in rebuttal.
Charles Kinstler recalled there was a letter submitted stating he and Mr. Feur had come to an
agreement on the tennis court being three feet from the property line as long as it was as close to the
front property line as it could be. He has offered to pay for all landscaping trees that would actually be
planted on Mr. Feur's property that would obstruct his view of the tennis court fence.
There being no one else to speak in favor or in opposition to the Appeal, Zone Variance #96-
61 /Conditional Use Permit #96 -62, it was moved by Council Member Boggs, seconded by Council
Member Brazelton, and so ordered to close the hearing.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL OF ZONE VARIANCE #96 -61, TO CONSTRUCT A
TENNIS COURT IN THE FRONT YARD SETBACK, OVER HEIGHT WALLS
AND FENCING ON PROPERTY LOCATED AT 10065 SIDEVIEW DRIVE,
ZONED R1- 10,000 (SINGLE FAMILY RESIDENTIAL)
The Resolution was read by title only.
Council Member Brazelton noted he is interested in the covenant, under which the applicant
can build a tennis court but does not specify exactly where. He felt Mr. Kinstler's Proposal #2 comes
within the general parameters and if Council gave staff general directions on the north property line,
they could come up with the needed findings that the fence on the north could be within three feet of
the north property line. To alleviate the obstruction of the property to the north, he suggested
conditions could be inserted as to the form of lights, the direction and hours of lighting. He suggested
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working off applicant's Proposal #2 and to continue this matter to let the applicant discuss it further
with staff to see if something could be worked out.
Council Member Boggs asked for clarification of Council Member Brazelton's awareness that
the lot abutting Downey Sanford Bridge Road is another front of the property, and that he understood
it is the City Attorney's opinion the property had two frontages, with the applicant required to p rovide
a 20 foot setback. Council Member Brazelton responded yes.
Council '
Member McCaughan voiced concurrence with Council Member Brazelton's
comments. He is willing to work with the applicant and the neighbor to find a location that would
satisfy the Conditional Use Permit and the Zone Variance, and would like to see it somewhere
between Proposals #1. and #2.
Council Member Riley concurred Council co curred with Council Members Brazelton and McCaughan.
Council Minutes 11/12/96 -
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Mr. McOsker suggested it would help the record if just Proposal #2 was considered now. For
Proposal #2, his understanding is there will still be a requirement for a CUP for the lighting and there
will be a requirement for a different type of variance, given the accessory structure being within a
distance of three feet of the side lot. If this was the desire of the Council, one option would be to
continue to a date certain and give direction to staff that based upon this record and the testimony
heard and evidence received, to come up with the appropriate findings for the CUP and the variance
with conditions.
Council Member Boggs felt the Council was addressing two concerns: the setback on Downey
Sanford Bridge Road and the possibility the applicant and the northern neighbor may be able to reach
a concurrence that would meet both their concerns, somewhere between the applicant's suggested
plans 1 and 2. She asked if it is Council Member Brazelton's wish to present a motion where this can
be achieved and the response from Council Member Brazelton was yes.
Council Member Brazelton proposed focusing on applicant's Proposal #2 with possibly
agreeing to go west no further than 10 feet than Proposal #2 and working out the northern treatment
with the neighbor and star.
It was moved by Council Member Brazelton, seconded by Council Member Boggs, and
unanimously carried to continue the decision on this matter to November 26, 1996, with staff directed
to work with the applicant and the neighbor to the north on Proposal #2, with the applicant possibly
considering going no more than 1.0 feet further west, if that would accommodate the neighbor to the
north, and assuming the tennis fence would come within 20 feet of the curb line and still be further east
than the fence of the neighbor to the north, which is a low fence, and come back next meeting with a
definitive authorization and appropriate conditions protecting the neighbor to the north with lights and
an hour limitation, if appropriate.
The applicant, for himself and his representative, noted acceptance of the continuance.
Mr. McOsker noted to make sure the record was clear that the motion includes a continuation
to a date specific, November 26, 1996. Is that continuation acceptable to the applicant? For the
record the applicant said yes through himself and his representative.
ORAL COMMUNICATIONS
Bob Winningham, 8346 Lexington Road, requested Council support the establishment of a
Hospital Commission stating the purpose would be to gather factual information and concerns from
members of the community and report these to the City Council. The Council as Ex-Officio members
of the Hospital Board can relay the concerns of the commission to the Hospital's Board of Directors
and Management. He hoped the Hospital's Board and Management would support this commission
and would work with the citizens of Downey to open a line of communication for both sides. He
advised there would be no financial impact to the City and felt the commissioners could be appointed
volunteers with the meetings being recorded for correctness. He asked that a motion be placed on the
floor and that the Council approve the establishment of a Hospital Commission.
Council Minutes 11/12/96 -5-
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John Gonzalez, 13002 Paramount Boulevard, raised previous complaints re
p p regarding members
of the City Council and City staff. He mentioned having difficulty in obtaining g ty g public records from
the City of Bellflower and requested Downey's City Manager send a letter to the City
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advising he was never prohibited from obtaining ublic records from the City of p y Downey.
Lennie Whittington, 8542 Manatee Street, referred to newly created traffic problems Y p on
Patton Road since the new lights were put in on Firestone Boulevard and Patton Road for h
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new Ralphs Market center. He mentioned it has become a haven for speeders and racers and
suggested the City consider prohibiting parking in that area because it restricts visibility. He also
complained about the Library being closed Saturday, November 9th, and felt there was no reason for
this, since the Library recently received additional funds to increase hours and staff.
CONSENT CALENDAR
It was moved by Council Member Boggs, seconded by Council Member Brazelton, ,n ad
unanimously carried to approve the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS OCTOBER 22,
1996: Approve.
WARRANTS ISSUED: NO. 126144 - 126735, $2,905,015.02: Approve.
APPEAL OF REVOCATION OF THE FIRESIDE BAR & GRILL: Refer to Hearing
Officer Pursuant To Downey Municipal Code Section 6404: Approve
CODE AMENDMENT NO. 96 -78, TO AMEND CERTAIN SECTIONS OF THE
DOWNEY MUNICIPAL CODE RELATED TO PARKING: Set hearing for 7:30
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November 26, 1996, in the Council Chamber of Downey City Hall: Approve.
STREET CLOSURE FOR CHAMBER OF COMMERCE STREET FAIRE: Approve
request to close Downey Avenue from Firestone Boulevard to La Villa Street for a one-day
Downey Chamber of Commerce event on May 3, 1997, and waive City costs associated with
the event in approximate amount of $3,400.00: Approve.
ORDINANCES
ORDINANCE NO. 1031
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DOWNEY
APPROVING ZONE CHANGE NO. 96-66, A CHANGE OF ZONE FOR THE THREE
PROPERTIES AT 7501, 7515 AND 7539 FIRESTONE BOULEVARD FROM THE
NEIGHBORHOOD COMMERCIAL ZONE (C -1) TO THE GENERAL COMMERCIAL ZONE
(C -2), AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF DOWNEY
The Ordinance was read by title only. It was moved by Council Member Boggs, seconded b
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Council Member Brazelton, and unanimously carried to waive further reading and adopt.
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Council Minutes 11/12/96 -6-
RESOLUTIONS: None
ADMINISTRATIVE REPORTS: None
OTHER BUSINESS - Council Members
RESOLUTION NO. 5996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
RECOGNIZING THE DEATH OF RAUL PEREZ, COUNCILMAN, �--
CITY OF HUNTINGTON PARK
Mayor Lawrence advised she requested a special resolution be placed on the Agenda to honor
Mr. Raul Perez, former Councilman for the City of Huntington Park, who passed away October 26,
1996. She noted he was the first Latino Mayor and Council Member for the City of Huntington Park.
Mayor Lawrence requested a copy of the resolution be forwarded to the family of Mr. Perez and also
to his colleagues in the City of Huntington Park.
The Resolution was read by title only. It was moved by Council Member Boggs, seconded by
Council Member Riley, and unanimously carried to waive further reading and adopt.
CABLE TELEVISION SERVICE
Council Member Boggs mentioned receiving an unsatisfactory picture from her cable television
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service and the difficulty she experienced when attempting to reach them to report it. She suggested
staff thoroughly review Continental Cable's service records when they are in the process of extending
the contract.
Council Member Boggs responded to the suggestion for a Hospital Commission and
requested the formation of a Hospital Commission be placed on the next Agenda. She felt this could
possibly resolve the situation at hand and stated the community needs a hospital close by that it is
comfortable with.
Council Member Boggs advised No. 2 on her Top Ten list was to encourage the Council and
City Staff to meet with other cities in the area, in the State, through the League, through ICA, and
through Contract Cities, and do everything possible to help cities recapture taxes the State of
California has taken from cities.
Council Member Boggs requested a follow - up meeting on status of the I - 105 Freeway
problems.
Council Member Riley requested the City Attorney look into the formation of a Hospital
Commission.
Council Minutes 11/12/96 -7-
'5 +te ._ 9
Council Member McCaughan congratulated City departments who participated in the
Halloween programs at the park. He noted positive comments received, and would like to see this
done every year.
Council Member McCaughan requested an updated report on the child care ro ram at
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Imperial School. He would like to see how this can be expanded to other schools by next September
and also what is not offered. He suggested having a presentation by the pre - school coordinator.
Council Member McCaughan supported the City Attorney bringing back a conceptual report
on formation of a Hospital Commission and requested an additional report advising whether he
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would be part of the discussion. He suggested bringing it back in two weeks.
Council Member McCaughan referred to comments made durin g oral communications
about the City Manager and felt they were uncalled for. He commended the City Manager.
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Mayor Lawrence concurred with putting a Hospital Commission on the Agenda.
Mayor Lawrence commended the Keep Downey Beautiful clean up of the City which took
place since the last meeting by at least 500 young people and their parents. She noted other people
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were trashing the City at this same time with their political signs.
Mayor Lawrence noted Red Ribbon Week also took lace in this time span and she
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commended staff's involvement in the efforts to keep the City drug free.
Mayor Lawrence reiterated her request for a report on C - uses in the downtown business
district. She suggested another meeting of the downtown Blue Ribbon Committee be held after the
first of the year to compare their recommendations to what is being considered now for the downtown
area, noting interest in sidewalk use for small f'
g cafes.
Mayor Lawrence mentioned a decision on September 11, 1996, regarding the case of
Crawford vs. Lundgren, dealing with unprotected newsracks of sexually oriented material. She
requested the City Attorney come back with a report on this.
Mayor Lawrence mentioned a memo from the City Clerk stating December 3, 1996, is the
date for declaring official election results and for seatin g new Council Members.
• Mayor Lawrence explained her use of the gavel during oral communications toward a
citizen who was not sticking to the subject.
OTHER BUSINESS - Staff Members
Mr. Caton congratulated Mayor Lawrence and Council Member McCaughan on their
reelection to the Council. He also advised Council Member Boggs would officiate at just on
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more meeting, noting she would be missed tremendous) by City Staff. He also mentioned looking
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forward to working with Council Member Elect Keith McCarthy.
Council Minutes 11/12/96 -8-
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Mr. Caton mentioned a resolution of the Hospital situation is very important to allow the
community to move forward. He felt the problems can be worked out when both sides are willin g to
sit down and talk.
ADJOURNMENT: 9:42 p.m.
The meeting was adjourned in memory of Raul Perez, former Councilman for the City of
Huntington Park, to 6:30 p.m., November 26, 1996, . in the Council Chamber of Downey City Hall.
X vetwAte v t cA..
Judith. E. McDonnell, City Clerk f . Lawrence, Mayor
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Council Minutes 11/12/96 -9-