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HomeMy WebLinkAboutMinutes-05-25-93-Adjourned Regular Meeting MINUTES OF NE CITY COUNCIL OF THE CITY OF DOW NEY ADJOURNED REGULAR MEETING It) ! 4 �- J NAY 25, 1993 The City Council of the City of Downey held an adjourned regular meeting at 4:00 p.m., May 25, 1993, in the Council Chamber of the Downey City Hall, Mayor Diane P. Boggs presiding. PRESENT: Council Members Diane P. Boggs Mayor Barbara J. Riley Gary P. McCaughan, M.D. (arrived at 6:30 p.m.) Joyce L. Lawrence ABSENT: Robert S. Brazelton Mayor Pro Tem (excused) ALSO PRESENT: Gerald Caton, City Manager Peter Thorson, City Attorney Judith McDonnell, City Clerk Priscilla Dunnum, Chairman, Charter Review Committee Jerald Silby, Member, Charter Review Committee June Yotsuya, Assistant to the City Manager CHARTER R EY I M STUDY SESSION The meeting was called to order and immediately recessed for relocating to the Testing /Training Room on the second floor of the Downey City Hall. The meeting reconvened at 4:15 p.m. with Council Members Riley, Lawrence, and Boggs present (Council Members Brazelton and McCaughan absent) . Ms. Priscilla Dunnum, chairperson of the Charter Review Committee, introduced Committee Member Jerry Silby, and explained the Committee's work over the past five years which has culminated in the proposed Charter revisions for Council consideration. She urged the Council to consider the recommenda- tions of the Committee and place the Charter on the ballot. Mayor Boggs mentioned correspondence received from another member of the Committee, W. Joel Lubin, recommending a change in the recall provisions to provide for only one election to recall and replace, rather than conducting two elections; a change of the City's election date from June in even - numbered years to either April or November in odd - numbered years; a change in the Council district boundaries to five equal districts; and provide for an in -house City Attorney. She noted other proposed Charter amendments for consideration include allowing non -sworn personnel to issue citations; provision to not allow a City Council candidate to attack his opponent in the Candidate's Statement of Qualifications that is printed in the ballot; and having Code enforcement done by the local City Prosecutor. Cou nc i l Member Lawrence a l s o cited the need to clean-up the recall procedure, particularly the provision providing for the filling of vacancies. She voiced her support of having two elections for the recall process, one to recall and the other to replace, since only one election could become a popularity contest rather than focusing on the reason for recall. Council Minutes (Adj.) 5/25/93 -1- .--. f.. 7 6 Prior to commencing with the Charter review at this time , Ms . Dunnum mentioned it was the Committee's recommendation that all portions of the Charter containing only clean -up language be presented in one section of the ballot for "yes" or "no" vote; other portions of the Charter containing substantive changes should be voted on individually. Mr. Thorson then led the Council through a review of the Charter at this time. Section 500 - Terms (City Council) Mayor Boggs commented on the benefits and disadvantages of consolidating the City's election with the June Primary election. Council Member Lawrence favored retaining the established election date, noting the practical and economical benefits derived from conducting an election in conjunction with Los Angeles County. Council Member Riley concurred, noting the voters previously defeated a proposed measure to move the election date back to April. As there was no substantive change indicated by Council , it was determined this Section could be placed in the clarifying language portion of the ballot. Section 501 - Eligibility (City Council) Council agreed with W. Thorson ' s advice to modify this Section to conform with State requirements for domicility. Section 502 - Compensation (City Council) It was the consensus of Council to maintain this Section as written, noting the need for clarifying language only. Section 503 - Vacancies (City Council) Ms. Dunnum noted the majority opinion of the Charter Committee concerned the economics of conducting two elections to recall and replace. Cou nc i 1 Member Lawrence again favo red two elections to recall and replace since one election could result in a popularity contest between the Council Member being recalled and his or her replacement. Mayor Boggs concurred with the need for two elections to insure a fair process for replacing a recalled Council Member. It was indicated that subsections (a) through (h) will be submitted for language clarification only. The portion relating to vacancies resulting from recall will be placed in the substantive portion of the ballot. Section 509 - Quorum. Proceedings (City Council) Council agreed with W. Thorson's suggestion to retain the authority to compel the attendance of witnesses in proceedings. This section will be placed in the clarifying language portion of the ballot. Council Minutes (Adj.) 5/25/93 -2- Section 510 - Citiien Participation (City Council) - To be placed in the clarifying language section of the ballot. 13 / 1 7 Section 515 - Ordinances. Violation. Penalty (City Council) - It was the consensus of Council to support language that would allow Cou nc i 1 to determine whether violation of an ordinance is an infraction or misdemeanor. This would be considered substantive and placed in that section of the ballot. Any amendments to Sections 516 - 519 and 560 are clarifying language only. Section 601 - Residence (City Manager) w. Thorson advised that State law does not allow a City Charter to require a City Manager or any other employee to reside within the City; but there is authority to require employees to live within a certain distance so that they are available in the event of an emergency. It would be a policy decision of the Council. The Council concurred with proposed language to allow the establishment of a reasonable distance for residency. This section will be placed in the clarifying section of the ballot. Section 607 - Removal (City Manager) Mr. Thorson noted the Charter affords the City Ma nager a public hearing in the case of removal, which makes it appear that justification is necessary although the City Manager serves at the pleasure of Council. Mr. . Caton mentioned a City Manager does have recourse in a removal situation, without the public hearing outlined in the Charter. To be placed in the clarifying section of the ballot. Section 703 - City Attorney. Powers anti Duties (Officers and bap loyees) It was indicated the Charter language allows for the hiring of an in -house attorney. Also, wording has been included to provide for prosecution of Charter or Ordinance infractions by the District Attorney. To be placed in the clarifying section of the ballot. Section 710 - Nepotism (Officers and Employees) - No changes proposed. Section 900 - In General (Appointive Boards and Commissions) - To be placed in the clarifying portion of the ballot. Section 902 - Appointments. Terms (Appointive Boards and Commissions) It was the consensus of Council to modify language that would reflect appointed terms coinciding with the Council Member's term. This section will be placed in the clarifying section. Section 1209 - Bonded Debt Limit (Fiscal Administration) - To be placed in the clarifying section. Section 1210 - Revenue Bonds (Fiscal Administration) - To be reworded to comply with State requirements and placed in the clarifying section. Council Minutes (Adj.) 5/25 /93 -3- 97 18 Sections 1212, 1213 and 1214 will be deleted and the subsequent sections renumbered accordingly. Section 1306 - Amending District Boundaries (Elections) Mr. Thorson stated that changes would be made to conform with the Elections Code and Federal law regarding redistricting. Discussion ensued regarding fir. Lubin 's recommendations about redistricting the City into five equal areas for representation. It was the consensus . of Council , however, to retain this Section as it is currently written. Mayor Boggs asked for a consensus on proposed Section 1307 regarding Candidates' Statements, which appears in the sample ballot. She requested the Statement reflect the candidate's qualifications and not be used to attack the opponent. It was noted this was successfully litigated in a County Supervisor's race and that the same requirement applies to judicial offices, which has been upheld by the Court. The Council agreed with Mayor Boggs' request. There being no further information to discuss on the proposed Charter Amendments, the meeting was recessed at 6:23 p.m. to reconvene in the Council Chamber for 6:30 p.m. joint meeting with the Community Development Commission and 7:30 p.m. regular City Council Meeting. Council Member McCaughan was present for the 6:30 p.m. and 7:30 p.m. meetings. ORAL COMMUNICATIONS: See Minutes of Regular City Council Meeting. ADJOURNMENT: 9:30 p .m . a . , . _,... y-. ,hrAti,L, JA___ A,,,,,.,,,P- if dith E. McDonne , City C erk Diane P. Boggs, Ma Council Minutes (Ad,j.) 5/25/93 -4- 1 • . . I I �' tr 1