HomeMy WebLinkAboutMinutes - 11-14-95 - Regular Meeting M IN UTES OF THE C IT Y C OUNC IL
OF TI-E CITY OF DOW ICE Y
NOVEMBER 14, 1995
T A B L E O F M I N U T E A C T I O N S
SUBJECT ACTION PAGE NO.
Presentation of Red Ribbons signed by Downey & Warren
High School students No one present 1
Presentation by Dolly Atany, Pres., Sister Cities
Assn., of a picture of Guadal aj ara in the early years 1
Removal of Items from Consent Calendar 1
Council Minutes: Adjourned & Regular Meetings,
October 24, 1995 Approv ed 2
Cash Contract #SS -4 59/4 60A - Brookshire Av. & Rives
Av. Resurfacing: Award a unit price contract Approv ed 2
Warrants Issued: #115263 - 115886 Approved 2
Code Pmenanent #95 -57, re C -M (Comercial-Mfg.) Zone Set hearing 11/28 2
Redevelopment Advance: Operative Agreement #23 with
Community D ev . Comm . to advance funds to be repaid
with property tax increment Approved 2
Increase in Allocation for Base Radios: Increase
scheduled replacement allocation for four base
station radios Approv ed 2
Res. #5914, Approving Final Subdivision Map of
Parcel Map #24063 (8500 Muller St .) Adopted 2
i
Labor Negotiations - Impasse with Downey Maintenance Set 6:00 p .m . , 11/28
Employee Assn. for oral presentations 2
DowneyLINK Special Holiday Service: Expand service
to operate on Saturdays during holiday season &
appropriate funding from Prop C monies Approved 2
Expansion of DowneyLINK Weekday Service: Appropriation
from Prop C monies to add an afternoon tripper service
to accommodate increased ridership on the NE route Approv e d 3
Res. #5913, rescinding Res. #5843 & estab i sh i ng a
Policy for Destruction of Certain Obsolete Records
(Pol ice Dept .) Adopted 3
Res. #5914, in Support of the LA County Coordinated
Tr an si t P1 an Adopted 3
Page 1 of 2
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COUNCIL MINIM-ES, NOVEMBER 14, 1995
TABLE OF MINUTE ACTIONS (CONTINUED
SUBJECT ACTION PAGE NO.
Charter Anenctnent Ballot Measure: Bring back language
approved by Charter Review Committee at next meeting
for possible inclusion on March 1996 ballot & authorize
City Clerk to bring back cost estimates Approved 4
Proposed Term Limits Charter Amendment providing for
an interval of four years before Council Members can
seek term of office after serving two terms Approved 5 Cn. Brazel ton requested review of wording in Charter
Sec. 503(c) relating to conducting an election to fill
vacancy occurring less than 60 days before the n ex t
municipal election 5
Cn. Boggs re info in League of Calif. Cities bulletin
on di fference bet. Uniform Housing Code & decision of
Courts on habitable housing & over - occupancy Staff to monitor 5
Cn. Boggs re info in League of Calif. Cities bulletin
that Federal Govt. requires mandatory medical care for
State & local employees & encouraged sending letters
in opposition Ref. to staff 5
Cn. Lawrence re involvement of City staff in recent
community events 5
Cn. Lawrence acknowledged letters from constituents
complimenting smoother RR crossings in City 5
Mayor McCaughan mentioned activities City is involved
with 5
Meeting adjourned in Memory of Foy Risley, husband
of Myrtle Ri sl ey, member of Emergency Preparedness
Comm. - Di st . 2 5
Meeting adjourned to 6:00 p .m., Nov ember 28, 1995 5
Page 2 of 2
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MINUTES OF THE CITY COUNCIL
OF DE CITY OF DOWItY
NOVEMBER 14, 1995
The City Council of the City of Downey held a regul ar meeting at 7:30
p.m.° November 14, 1995, in the Council Chamber of t he Downey Ci ty Hal l , Mayo
Gary P. McCaughan presiding.
PRESENT: Council Members:
Gary P. Mc Ca ughan, M.D. Mayor
Joyce L. Lawrence Mayor Pro-Tem
Diane P. Boggs
Robert S. Braze' ton
Barbara J. Riley
ALSO PRESENT: Gerald M. Ceton City Manag
Cheryl J. Kane, Ci ty Attorney
Judith McDonnell, City Clerk-Treasurer
Lee Powell , Assistant City Manager
Greg Caldwell, Police Chief
Ronald Irwin, F i r e Chief
• James Jarrett, Director of Community Services
Art Rang el , Director of Economic & Community Oevelopment
Richard Redmayne, Director of Publ ic Works
Robert Brace, City Engineer
Bob Gallagher, Building Official
Christine Roberto, Purchasing Manager
Ron Yoshi ki , Asst. Director of Community Dev ./City Pl anner
June Yotsuya , Assistant to the Ci ty Manager
Joyce Doyl e, Deputy City Clerk
PRESENTATIONS
No one appeared to make the presentation of Red Ribbons signed b« Downey
and Warren High School Students. by
Dolly Attahay, President of the Sister Cities Association, presented to
Mayor McCaughan a picture of Guadalajara in the earlJ, years, which was a
proposed plan of the City in the 1800' s. She al so introduced her husband ,
Manny, and Vice-President, Yol and Areol a.
HEARINGS: None
COICENT CALENDAR - ITEMS FOR REMOVAL
At the request of Council Member Boggs, Agenda Item VI -F-1, RESOLUTION
/APPROV{NG DESTR UCTIO N OF CENTAIN OBSOLETE R ECORDS was removed from the Consent
Calendar. '
At the request of Council Member Lawrence, Agenda Items VI-E'3, DOWNEvLINK
SPECIAL HOLIDAY SERVICE; VI~E~S, EXPANSION OF ~ IEYLINK WEEKDAY SERVICE; and
VT~F-2, RES OL UT 10 N APPROVING LOS ANGELES COUNTY COORDINATED TRANSIT FLAN, Wc.r8
removed from the Consent Calendar.
Council Minutes, II/14/95 -l-
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Mr . Gallagher spoke regarding height requirements for fencing and p o i n t e d
out that the Pl anning Department requires seven feet, whereas the Building Code
requires six . He w i l l propose a procedure of not requiring permits for fencing
under seven feet to coincide with the Planning Department's requirements .
However, in the case of block or masonry walls, he wi 11 be proposing a
requirement of permits for walls more than 48 inches high .
During discussion regarding fencing, Council Member /Commissioner Lawrence
referenced the proposed amendment requiring a permit for any fence more than
42" in height in the front yard setback of a view obstructing material" and
expressed concern that a seven foot wrought iron fence, which i s not v iew
obstructing, would not be permitted in the front setback area.
Staff will review the 1 anguage to make sure there i s no ambiguity on the
fencing issue .
Di sc ussi on was al so held regard ing chain' ink fence requirements .
At the concl usion of his presentation, Council Member /Commissioner Boggs
compl invented Mr. Gallagher regarding his attitude in 1 ooking out for pub, is
safety and al so regarding streaml in i ng the permit process .
The meeting recessed at 5:30 p .m. and reconverted at 6:30 p .m.
APPROVAL OF CLOSED SESSION MINUTES - OCTOBER 24 1995
It wa s m ov ed by Co un c i 1 Member/ Comm i s s i o n e r Bog g s , sec ond ed by Co un c i 1
Member / Comm isssi over Lawrence, and unanimously carried to approve the Closed
Session Minutes of October 24, 1995.
CLOSED SESSION
Mayor /Chairman McCaughan announced the Council /Commission is recessing to
Closed Session (6:32 p .m .) to d i sc us s the fo 11 owing Sections o f the Gov er rim en t
Code :
A. SECTION 54956.9, Subdivision (a) - Conference with Legal Counsel -
Exi sting Litigation: Garcia vs. City of Downey (Claim #93051) .
B. SECTION 54957.6 - Conference with Labor Negotiator Lee Powel l re
direction for 1 abor negotiations with Downey City Employees Association -
Maintenance.
C. SECTION 54957.6 - Conference with Labor Negotiator Lee Powel l re
direction for 1 abor negotiations with Downey City Employees Association -
Mi sc el 1 an eo us .
The meeting reconvened in open session at 7:29 p .m. with all Council
Members / Commi ssioners present .
Mayor/Chairman McCaughan announced that in cl osed session, the City
Council by unanimous vote author zed settlement of Garcia vs. City of Downey
( Cl aim #93051) for $35,000, which case involved physical injury to Garcia .
The meeting recessed at 7:30 p .m
City Council /Comm. Dev. Minutes (Adj.) 11/14/95 -2-
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It was mov ed by Co unc i 1 Member La wr en c e , sec o nd ed by Co unc i 1 Member Bogg s ,
and unanimously carried to approve expansion of the DowneyLINK service to
operate on Saturdays during the holiday season and that funding in the am o un t
of $9,135 be appropriated from Prop C monies.
EXPANSION OF DOW!'EYLINK WEEKDAY SERVICE
Council Member Lawrence referred to the portion of the staff report that
mentions assessing whether to purchase 1 arger vehicl es when the current buses
are reps aced and suggested at that time consideration be given to lower
emission or possibly el ectric vehicl es.
It wa s mov ed by Co unc i 1 Member La wr en c e , sec and ed by Co unc i 1 Member Bogg s ,
and unanimously carried to approve appropriation of funds in the anoint of
$12, 500 from Prop C monies to add an afternoon tripper sery ice to co mod ate
increased ridership on the Northeast route of DowneyLINK.
Prior to voting , Council Member Riley requested a study of the southwest
portion of the City due to the possibil ity of 1 ow ridershi p in the area where
the bus route travel s we sterl y onto Firestone at Old River School Road .
RESOLUTION W. 5913 (AIJOPT)
A RESOLUTION OF TFE CITY COUNCIL OF TFE CITY OF DOW I E Y
RESCINDING RESOLUTION NO. 5843 AND ESTABLISHING A POLICY
FOR DESTRUCTION OF CERTAIN OBSOLETE RECCRDS (POLICE DEPT.)
Council Member Boggs questioned the destruction of payroll stats and
whether permanent records are maintained in another department.
Mr. Powell re p1 ied monetary and payroll records are kept on computer tape
in the Finance Division and are accessible if needed .
The Resol ution was read by ti tl e only. It was mov ed by Co unc it Member
Boggs, seconded by Council Member Lawrence, and unanimously carried to waive
further reading and adopt.
RESOLUTION NO. 5914 (ADOPT)
A RESOLUTION OF TFE CITY OF DOW i[ Y IN SUPPORT OF TI-E
LOS ANGELES COUNTY COORDINATED TRANS IT PLAN
Council Member Lawrence inquired who would be the designated the City's
representative to Access Services Incorporated (ASI) to conduct the review and
comment on the ADA Annual P1 an Update. She was informed that staff member Al to
Duke would serve as Downey' s representative.
The Re s of ut ion was read by ti tl e only. It was mov ed by Council Member
Lawrence, seconded by Council Member Boggs, and unanimously carried to waive
further reading and adopt.
OTFER BUSINESS - Council Members
CHARTER AMENDMENT BALLOT MEASURE
Council Member Boggs commented on the extensive review of the Charter
Rev iew Committee , which included clean-up language on the Charter that
Council Minutes, 11/14/95 -3-
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has never been submitted to the voters. She suggested having the appropriate
resolutions prepared and made available for Council approval at the n ex t
meeting in order to meet the deadline for setting this on the ballot for the
Primary Election in March. Council Member Boggs then asked that if the Council
approves placing the Charter Amendments on the March ballot to also consider
submitting two changes to the term limits, pointing out she felt there were two
items contained in language for the term limits that were punitive with regard
to making it retroactive and for life. She mentioned she is not proposing this
for herself because she has no plans to run for elective office again and noted
in other cities having term limits that there is a two -year lay -off period
befo e a Council Member may run again; al so, there is no retroactivity. She
asked for the Council's consideration of this matter.
Council Member Lawrence mentioned the Charter Review Committee was formed
for the purpose of reviewing Council vacancies created by recall , and during
her comments she stressed the importance of clarifying the process for
conducting an election to fill a vacancy created by recall. She indicated
other Charter language is clean -up and basically non - controversial . As to
term l imits , she supported reviewing the lifetime provision and retroactivity.
Council Member Brazel ton indicated he would not be willing to conduct a
special election but preferred placing any proposed Charter Amencinents with the
City's regul ar el ection date in November. Al so , he wo uld like to see some
costs estimates. Regarding the term limits provision, he said he would
consider a review of the lifetime prohibition and suggested a four -year waiting
period instead of two. If a decision is made to place this on the ballot, then
he would prefer that it be placed as a separate measure.
Council Member Riley concurred with Council Member Brazelton with placing
this on the November ballot. The clean -up items should be a separate issue.
Mayor McCaughan preferred the March election date and directing staff to
prepare the necessary resolutions.
Council Member Boggs also favored addressing the method of replacing
Council Members that are recalled, noting that if the people voted to recall,
then they should be voting for the replacement.
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Eleanor Lindenfeld, 8856 Manzanar, co- president of the League of Women
Voters of Downey, mentioned the League's study many years ago of the Downey
Charter. She then presented the League's position regarding various sections
of the Charter, including confict of interest, limitation of campaign expendi-
tures, selection of board and commission members, requirements for City
Manager, and the posting and publication of ordinances. She then responded to
questions regarding the study by the League.
It was m ov ed by C o u n c i l Member Boggs, seconded by Council Member Lawrence,
and unanimously carried that the language approved by the Charter Review
Committee, which was subsequently reviewed and approved, be brought back at the
next meeting for possible inclusion on the March 1996 ballot, and authorize the
City Clerk to bring back an estimate of the costs involved.
With regard to Term Limits, it was moved by Council Member Boggs and
seconded by Council Member Lawrence for a Charter Amendment deleting reference
to "retroactive" and requiring a two -year interval before a Council Member may
run for Council office again.
Council Minutes, 11/14/95 -4-
54 0 :wr
Council Member Ri 1 ey voiced concern, noting the eo l e voted
1 emits p p ted for term
Council Member Br a ze l ton found no problem wit h the retroactivity but
stated his opposition to a two-year waiting period. He indicated he would
consider pl acing on the ballot the question of a four-year
el ec t ion i s not too costly.
y interval 7 f the
Council Member Boggs amended the m o t i o n , which was seconded
Member Lawrence to rov i d by Council
p e a four-year interval before a Council Member may again . y
Foll owing discussion, the motion was amended by Council
seconded by Co unc � l Member L y Member Boggs,
Lawrence and unanimously carried to delete
c o n s i d e r a t i o n of retroactivity and propose a four-year interval 1
to run again in f r y a between the
ab i 1 i t
y g o Council it o ff ice .
Council Member Brazel ton expressed concern about the wording Ong of Charter
Section 503
(c) relating to vacancies , which prov ides for l acing
p g on the ballot
of the next general municipal
election the filling of a vacancy that occurs
within 60 days of such election. He questioned whether there would be suffi-
cient time to accommodate thi s process and asked that the wording be reviewed .
ORAL COMMUNICATIONS: None
OT F[R BUSINESS - Council Members (cont.
Council Member Boggs referenced information in a recent League of
Cal ifornia Ci ties bulletin
regarding the difference between the Uniform Housing
Code and what the courts accept as habitable housing as it -
g t pertains to over-
occupancy. She asked that t thi s be monitored .
Council . Member Boggs al so noted in the League Bull eti n
requirement 9 information about a
Federal re
q that State and local government provide mandatory medical
cal
care for e m p1 oyee s , and s a i d she
feels t hi s i n f r i n g e s on local control . She
encouraged sending letters in opposition.
Council Member Lawrence commented on the involvement
recent community events and of City staff in
y d expressed her appreciation for their help in makin
Downey a better community . g
Co unc i 1 Member La wr enc e al so ac know] edg ed 1 etters
comp] imentin smoother r g from constituents
9 ail road crossings in the City.
Mayor McCaughan mentioned although the Council Meetings have
a 9 been brief ,
the City is involved in many activities, which he enumerated
OT F[R BUSINESS - Staff Members: None
Council Minutes, 11/14/95 -5-
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ADJOUR RENT: 8:3O p.m.
The meeting was adjourned in memory of Foy Ri si ey, husband of Myrtle
Risley, member of Emergency Preparedness Committee - District 2; to 6: 00 p.m
November 28, I995, in the Council Chamber of Downey City Hall , 11111 Brookshire
Axenme, Oowney,
` ID
i� E . ���n�l, City �� Tary P. McCaughan, Mayor
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