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Home My WebLink AboutMinutes - 01-04-95 - Special Meeting 1 ` t , ; MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SPECIAL CALLED MEETING JANUARY 4, 1995 The City Council of the City of Downey held a Special Called Meeting at 3:00 p.m., January 4, 1995, in the Council Chamber of the Downey City Hall, Mayor Barbara J. Riley presiding. PRESENT: Council Members Barbara J. Riley Mayor Joyce L. Lawrence Diane P. Boggs Robert S. Brazelton ABSENT: Gary P. McCaughan, M.D Mayor Pro Tem (Excused) ALSO PRESENT: Gerald M. Caton, City Manager Judith McDonnell, City Clerk Lee Powell, Assistant City Manager Ron Irwin, Fire Chief CLOSED SESSION The meeting recessed to Closed Session at 3:01 p.m. to discuss Government Code Section 54957.6 - Conference with Labor Negotiator Lee Powell regarding direction for labor negotiations with Downey Firemen's Association. The meeting reconvened at 3:45 p.m. with Council Members Lawrence, Brazelton, Boggs, and Riley present; Council Member McCaughan absent. There were no Closed Session actions to report. ORAL COMMUNICATIONS: None. ADJOURNMENT: 3:45 p.m. c 2 � sit . 'donne , 1 y Clerk arbara J . ey, ►- :yor Council Minutes (Special Called Mtg.) 1/4/95 1 — PROPOSED CHARTER AMENDMENTS AND SETTING OF SPECIAL MUNICIPAL ELECTION Ms. McDonnell commented on the County's estimate of $42,000 for Downey to place two Charter Measures on the ballot March 26, 1996, Primary Election, which does not include printing the full text of the Charter in the sample ballot because it is too lengthy--the City would have to seek other means for mailing the Charter language to the voters. She mentioned contacting Martin & Chapman, who has assisted Downey with its elections in the past, and their estimate is $22,500 to mail the full text of the Charter in a supplemental sample ballot to the voters, excluding postage. Ms. Yotsuya mentioned securing an estimate of $5,000-$7,500 �o mail the Charter information to voter households or individual voters; that it would not be in the fonn of a supplemental sample ballot but simply a mailer of the Charter infonmation to the voters. Ms. McDonnell also pointed out that if the text of the Charter Amendment is not printed in the sample ballot, the City Attorney's Impartial Analysis will include a statement that voters may contact the election official's office and request a copy be mailed at no cost to the voter. Council Member Lawrence indicated her preference that voters receive the text of the Charter through the mail so that they are informed about the issue. When asked about the effectiveness of the Charter as it presently reads, Ms. Kane commented on the areas where changes are proposed, such as editorial , to make the Charter gender neutral; providing for a second election to fill a Council vacancy created by recall; other changes that conform to current practices in the City; and changes that comply with the Brown Act. Council Member Lawrence stated her recollection that the Charter Review Committee was established to address the issue of vacancies created by recall , noting the Charter currently provides that all vacancies, for whatever reason, are to be filled by Council appointment-- voters would not have the opportunity to vote for a candidate to fill the vacancy created by recall. During further discussior about the filling of vacancies and the recall ~~� provision, Council Member Boggs favored the two election process for a recall , one election on the valid merits of the recall and a second election to vote on the replacement. This procedure would be accomplished through the proposed amendments to the Charter, and she supported submitting the Charter amendments to the voters. Council Member Lawrence approved of the proposed change in Section 702 - Administrative Departments, which would allow more financial flexibility for providing services. Ms. Kane explained the proposed wording of Section 702, which recognizes the current operation of the City and allows more flexibility in terms of organization. Council Member Brazelton indicated he does not feel the present Charter hampers government, and that there is flexibility to allow the City to contract out if it so desires. Due to budget constraints, he indicated the expenditure for an election is not warranted at this time. Council Minutes 12/I2/95 -7- ._� 102 Council Member Lawrence expressed her views in support of submitting the proposed Charter amencinent to the voters at this time. Mr. Caton was asked if there are any uncommitted General Fund moneys that could be available for an election, and he commented on recent Council actions that freed certain funds that could be used. Council Member Boggs supported placing the Charter Amenchients on the March 26th ballot. Council Member Riley said she would be willing to consider placing Charter —.� Amencrnent No. 10, the full text of the Charter, on the ballot for November. Mayor McCaughan stated his accord with both sides of the issue and indi- cated he does not feel that spending $50,000 for an election will seriously impact the finances of the City. There is the responsibility to update the Charter, and he supported placing Charter Amenctnent #10 on the ballot, although he acknowledged receiving calls of concern about Charter Amendment #11 relating to term limits and the way it is proposed. Council Member Boggs reiterated a previous statement that she will not run for Council office in the future, and she favored placing the issue of term limits on the ballot to let the voters determine whether the intent of their vote in favor of term limits meant for life. She also feels the work of the Charter Review Committee should be submitted to the voters. After further discussion, Council Members Boggs and Lawrence and Mayor McCaughan concurred with eliminating Charter Amendment No. 11 relating to the issue of term limits from consideration at this time. The following Resol utions were then adopted rel ating to Charter knendment No. 10 only. RESOLUTION NO. 5918 RESOLUTION OF THE CITY COUNCIL OF TIE CITY OF DOW fE Y, CALIFORNIA, CALLING AND GIVING NOTICE OF TIE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR TI-E SUBMISSION OF A PROPOSED AMENDMENT TO THE DOW hE Y CITY CHARTER The Resolution was read by title only. It was moved by Council Member Lawrence, seconded by Mayor McCaughan, and carried by the following vote to waive further reading and adopt. AYES: 4 Council Members: Boggs, Lawrence, Braze' ton, McCaughan NOES: 1 Council Members: Riley RESOLUTION NO. 5919 IA RESOLUTION OF TUE CITY COUNCIL OF THE CITY OF DOWNY, CALIFORNIA, REQUESTING TF£ BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE TFE CITY OF DOWNY SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE DIRECT PRIMARY ELECTION TO BE FELD ON MARCH 26, 1996, PURSUANT TO SECTION 10400 ET SEQ. OF TIE CALIFORNIA ELECTIONS CODE Council Minutes 12/12/95 -8- 0 2' 6 la The Resolution was read by ti tl e only. It was moved by Council Me!iber Lawrence, seconded by Council Member Boggs, and carried by the following vote to waive further reading and adopt. AYES: 4 Council Members: Boggs, Lawrence, Brazel ton, McCaughan NOES: 1 Council Members: Riley RESOLUTION NO. 5920 I \ RESOLUTION OF TIE CITY COUNCIL OF Tit CITY OF DOPEY, CALIFORNIA, SETTING PR IOR IT IES FCC FILING A WRITTEN ARGUMENT REGARDING A PROPOSED CITY CHARTER MEASURE AND DIRECTING TFE CITY ATTORN Y TO PREPARE AN IMPARTIAL ANALYSIS Council Member Boggs was a ut hori zed to file the written arg went in favor of Charter Amendment No . 10. The Resolution was read by title only. It was moved by Council Member Lawrence, seconded by Council Member Boggs , and carried by the fol lowing vote to waive further reading and adopt. AYES: 4 Council Members: Boggs, Lawrence, Braze] ton, McCaughan NOES: 1 Council Members: Riley RESOLUTION ND. 5 921 A\ RESOLUTION OF TIE CITY COUNCIL OF THE CITY OF DOWNY, CALIFORNIA, PROVIDING FOR TIE FILING OF REBUTTAL ARWMENTS F JR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS The Re s of u t 1 on wa s read by ti t l e only. It wa s m ov ed by Co u nc i t M em b er Boggs , seconded by Mayor McCaughan , and carried by the fol 1 owing vote to waive further reading and adopt. AYES: 4 Council Members: Boggs , Lawrence, Braze' ton, McCaughan NOES: 1 Co unc i l Members: Riley OTHER BUSINESS - C ONS E NT CALENDAR - Items removed b Co unc l ro v al : C R R ES P O NDE NC E FROM DOWNY MAINTENANCE EMPLOYEES' ASSOCIATION r e q u e s t i n g time to address the Council . Mr. Gerald Taylor, DMEA representative, commented on the composition of the Association and requested the Council enjoy the hol idays , give the impasse i ssue some thought , and then allow the Association some time after the first of the year to make a presentation to the Council . OTHER BUSINESS - Council Members: Council Member Riley acknowledged seeing Mr . Ken Bec kn er in the audience during the presentation to Mr . Temple and welcomed Myrtle Risley, who was al so present in the audience. Council Member Boggs extended her condolences to Myrtle Risley on the oss of her husband. Council Minutes 12/12/95 -9.- 1 0 2 G Council Member Lawrence mentioned special events that have occurred in the City since the l ast Council Meeting , which she en unerated . She then inquired about the procedure for changing her abstention to a s vote on the Resolution sol ution submitting the Section 108 Loan Application to HUD that was adopted p d at. the November 28th meeting and involved buildings at Apollo Park Neighborhood Center, but not the south park building as she originally thought. y Mayor McCaughan referrred to the Child Care Program at Imperial i al School and .d suggested formulating a policy with regard to future child care in the City. He encouraged establishing discussions at a later ter date with representatives of the School District and other child care services on the topic of mfford able chi ld care at a school si to . Mayor McCaughan then requested staff prepare a report on what has been acccmpl fished in the pa st thr ee year s wi th reg ard to neig hborhood dev el o fill en t and preservation and al so asked staff to check other cities to see if they hire specific personnel to handle neighborhood issues. Mayor McCaughan mentioned attending SEMA sponsored footbal 1 championships in Santa Fe ionshi ran s whe Downey p p SP 9 y teams participated and competed to the end. Mayor McCaughan i n q u i r e d about the s l i g h t variation in elevation of the railroad tracks on Brookshire Avenue and was informed it will be corrected during the street resurfacing project. OTHER BUSINESS - Staff Members: Mr . Ca ton ac know] edg ed the Maintenance Association en l o y ee s in the P audience and complimented the work they do. He thanked the Council for another good year and wi shed everyone a happy holiday. ADJO lit WENT: 9 : 42 p.m. ( S 4 % Mc Donne 1 , City Clerk Gary P. Ca u han Jo r g � Ma Council Minutes 12/12/95 -10-