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HomeMy WebLinkAboutMinutes-12-17-91-Adjourned Meeting 9 4 1 0 i MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING DECEMBER 17, 1991 The City Council of the City of Downey held an adjourned regular meeting 4:30 p.m., December 17, 1991, in the Council Chamber of the Downey City Hall, Mayor Barbara J. Hayden presiding. PRESENT: Council Members: Barbara J. Hayden Mayor Diane P. Boggs Mayor Pro -Tem Robert G. Cormack Robert S. Brazelton Richard D. Carter ALSO PRESENT: Gerald M. Caton, City Manager Peter Thorson, City Attorney Judith McDonnell, City Clerk- Treasurer Lee Powell, Assistant City Manager Ronald Irwin, Fire Chief James Jarrett, Director of Community Services Clayton Mayes, Police Chief Art Rangel, Director of Community Development Richard Redmayne, Acting Director of Public Works June Yotsuya, Assistant to the City Manager The Invocation was delivered by Council Member Cormack. The Flag Salute was led by Council Member Brazelton. • PRESENTATIONS Mayor Hayden presented a Proclamation regarding National Drunk and Drugged Driving Awareness and S.A. D. D. Week to representatives of Downey and Warren High Schools. Mr. Bob Blair, Assistant Administrator of the Kaiser Permanente Medical Group, presented a $1,000 check to representatives of Downey and Warren High Schools to assist with the telephone bill for the 'Teen Safe Ride Program.' CONSENT CALENDAR Agenda Item V -B -1, RESOLUTION SUPPORTING THE LOS ANGELES COUNTY PARK, BEACH AND RECREATION ACT OF 1992, was removed at the request of Council Member Boggs. She asked for assurance that the recommended Downey project is the Community- Senior Center and was informed it is the project submitted. It was moved by Council Member Carter, seconded by Council Member Brazelton, and unanimously carried to waive further reading of the Resolutions and approve the Consent Calendar as recommended: City Council Minutes - 12/17/91 (Adj.) -1- AUTHORIZATION TO ACQUIRE DEFAULTED TAX PROPERTY IN THE GATEWAY PROJECT AREA: Approve. ft RESOLUTION NO. 5521 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA SUPPORTING THE LOS ANGELES COUNTY PARK, BEACH AND RECREATION ACT OF 1992 ORDINANCE: ORDINANCE NO. 940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, AMENDING DOWNEY MUNICIPAL CODE SECTION 2103 TO REDEFINE THE ► BOUNDARIES OF THE COUNCILMANIC DISTRICTS PURSUANT TO DOWNEY CITY CHARTER SECTION 1306 Mr. Caton referenced a letter received from Dr. Gary McCaughan requesting modification of the boundary lines between Districts Three and Four. Mr. Thorson indicated he has reviewed Dr. McCaughan's letter and case law on matters where boundary changes occurred. In almost all cases where redistricting has occurred, there are situations where people in a realigned district were unable to vote in a subsequent election due to the change in district boundaries, and no court as of this date has invalidated a redistricting based on that issue. When asked if the boundaries can be amended effective June 30th after the next election, he cited the Charter requirement for redistricting every ten years and mentioned that since the census data has been accumulated, the City would risk legal challenge if this matter is delayed and the districts were not in compliance when an election is held. Mayor Hayden stated that as a member of the Redistricting Subcommittee, every effort was made to draw the lines as cleanly as possible, and she feels this has been done with some minor exceptions. Also, the proposed boundaries are well under the ten percent requirements in the balance that must be achieved. Council Member Boggs mentioned her District is the most impacted by the in y t e boundary change and that five of her committee appointees live n the area being removed from District One. She asked the City Attorney for his opinion y op n o as to whether the appointees can complete their terms which are scheduled to expire in June, 1992. Mr. Thorson advised they can stay in office until expiration of their term. Mr. Joel Lubin, 7820 Allengrove St., complimented the Council on coming up with a good redistricting plan and recommended going forward with the plan as proposed. City Council Minutes - 12/17/91 (Adj.) -2- 9 412 Gary McCaughan, 9 Dr. Gar McCau han, 7918 Eighth Street, raised concern about the redistricting plan being considered without public notice and the hearing process when it affects voters who are being shifted from one district to another. He noted the voters affected will be disenfranchised and prevented from voting in the next election; they w i l l have to wait six years before having n the opportunity to vote for their Council Member. Dr. McCaughan also a g questioned oned the westerly jog in the northern boundaries between Districts Three and Four and feels the dividing boundary could have been left as is and still meet the legal population requirements. Discussion ensued regarding the redistricting requirements. by .. The Ordinance was read b title only. I t was moved by Council Member Carter, seconded by Council Member Brazelton, and unanimously carried to waive further reading and adopt. Prior to the vote, Mr. Lennie Whittington, 8542 Manatee St., mentioned the . area north of Cl eta Street, east of Brookshire Avenue has been placed into Four which includes Downey Community Hospital. He questioned why this District ou Y area was placed into District Four since there are no voters at the Hospital. Mayor Hayden replied the plan was designed around the best possible division in the City as far as population is concerned, in order to accommodate the Court mandate. Council Member Brazelton mentioned he did not participate in drawing the boundary lines, and even though some people were taken out of Districts One and Three and will not have the opportunity to vote for their District Council Member in June, he will represent those people in his District to the best of his ability. Ms. Joyce Lawrence, 9627 Cheddar St., mentioned that today is the official date of the City's 35th birthday, which is an appropriate date for this action. ORAL COMMUNICATIONS: None. OTHER BUSINESS Mayor Hayden announced the need to consider an APPOINTMENT TO THE SOUTHEAST MOSQUITO ABATEMENT DISTRICT. Mr. Thorson outlined the guidelines whereby Council can consider an item not on the Agenda if it approves a motion determining the need to take action on a matter that arose subsequent to the posting of the Agenda. This action requires a two thirds vote of the Council. Mayor Hayden mentioned Council Member Boggs has consented to serve as the City's appointee to the Mosquito Abatement District. It was moved by Council Member Brazelton, seconded by Council Member Carter, and unanimously carried to make the determination that the need to take action on appointment to the Southeast Mosquito Abatement District arose subsequent to posting of the Agenda, and it is necessary to act prior to the next regular meeting because the appointment has become vacant and the Board will meet on January 9, 1992, prior to the next meeting of the City Council. City Council Minutes - 12/17/91 (Adj.) -3- RJ SN Prior to the vote, . ote, Council Member Cormack questioned the Council's s acts on on a matter that is not an emergency. He was assured by • ' n does meet y Mr. Thorson that this s action eet the legal requirement that the need arose after os t i n o f the Agenda. P g t o 9 RESOLUTION NO. 5522 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING A REPRESENTATIVE TO THE BOARD OF TRUSTEES OF THE SOUTHEAST MOSQUITO ABATEMENT DISTRICT The Resolution was read by title only. It was moved by Council Member y r e e Cormack, seconded by Council Member Brazelton, and unanimously carried to waive further reading and adopt. Mr. Caton announced the FINALIZATION OF AN AGREEMENT BETWEEN THE DOWNEY POLICE OFFICERS' ASSOCIATION AND THE POLICE CHIEF. He read the contents of the agreement, which was signed by five members of the Association, the Chief, and witnessed by the City Manager and Mayor. He commended all those involved for their hard work on this matter. ADJOU RNMENT : 5:20 p.m. The meeting was adjourned in memory of Jack D. Keen. 71- e/2,2 Aoe i - d i th E. McDonnell, City Clerk Barbara J. . • yden, ayor 1 1 :AdjMin City Council Minutes - 12/17/91 (Adj.) -4-