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HomeMy WebLinkAboutMinutes-12-28-71-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 28, 1971 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Employee Five and Ten Year Awards Minutes, December 13, 1971 Minutes, December 14, 1971 Extension of time to make improvements, 9041 & 9049 E. Imperial Hwy. (D.I.P. #522) Comm. from L.A. County Federation of Labor re Protest, Downey Fire Dept. Employee Report of Legal Claims Received: Ref. #035, Bonnie C. LaFavor Ref. #036, Barry Liebrich & Thomas Gomez Ref. #037, Eleanor Emmi Ref. #038, Guy Ray Ibanez Ordinance Adding Sec. 2104 to DMC relating to Council Meeting Procedures Resolution #2636, Approving Reappointment of Gano Culwell to Personnel Advisory Board Resolution #2637, Approving Reappointment of Douglas Morrow to Downey City Hospital Comm. Resolution #2638, Designating January First Appreciate America Day Resolution 46WS-769 (Payroll) Resolution #WS-770 (Payroll) Resolution #WS-771 (B Warrants) Approved Approved Approved, subject to review Referred to City Manager for investigation and report No action Failed Adopted Adopted Adopted Adopted Adopted Adopted CC #294, Pomering Road, Ciro Street - plans & specifications & authority to advertise for bids Approved CC #SS-265, Gardendale St. & Lakewood Blvd. - Award of contract Approved CC #259, 2411 Water Main Construction - Award of contract Approved CC #300, Golden Park Snack Bar - Plans & specs & authority to advertise for bids Approved Paving Matching Funds Approved Sidewalk Matching Funds Approved Downey Private Contract #87, Brookmill Rd. W/o Paramount Blvd. - Acceptance of dedication & improvements Assessment District #117-P, Adoree St., et al - Authorize Dept. ,Public Works to initiate Stump Grinder -Root Pruner Sale of Stewart & Gray Property Request. for Waiving of Parking Requirements, Russell's Bike Shop Page 1 of 2 Approved Approved No action Held over Approved subject to recommended conditions PAGE NO. 1 1 1 2 2 2 2 2 2 3 3 3 3 4 4 4 4 4 5 5 5 5 5 6 TABLE OF MINUTE ACTIONS COUNCII. MINUTES 12/28/71 SUBJECT: ACTION: PAGE NO. Report on Engineering Costs, Public Works Projects No action 6 Personnel Reclassifications Approved 7, 8, 9 Recommendations, Golf Course Driving Range Approved 7 Authorize City Attorney to prepare Legal Memo on Downey's position re Assembly District & Senate District; funds for legal fees Approved 8 Resolution #2639, Making Certain Adjustments Effective January 1, 1972 Adopted 9 Job Re -Evaluations submitted by Employee Associations - Requirement of 5-months lead time Approved 9 Page 2 of 2 - 611>7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 28, 1971 The City Council of the City of Downey held a regular meeting at 8:00 a.m., December 28, 1971, in the Council Chamber of the Downey City Hall, Mayor Joseph G. Ferris presiding. PRESENT: Councilmen: Morton, Winton, Jennings, Hollis, Ferris ABSENT: Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Carl Newton, City Attorney Ervin Spindel, Director of Public Works Robert L. Shand, Director of Finance William A. Goggin, Director of Planning James D. Ruth, Director of Parks & Recreation Ray Lake, Director of Building & Safety Loren D. Morgan, Police Chief Robert W. Gain, Fire Chief Harald J. Henriksen, City Engineer Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Councilman Morton delivered the invocation, followed by the Flag Salute led by Councilman Winton. With the assistance of Councilman Winton and City Manager Charles W. Thompson, Mayor Ferris presented five and ten year awards to City Employees and extended the appreciation of the City Council to the following for their service to the City: Five Year Award DeIlla Ferguson, Parks & Recreation William Harper, Parks & Recreation Robert Wheeler, Fire Jack Harbor, Fire Stephen Knight, Fire Ronald McDearmon, Fire Kenneth Myers, Fire William Rosie, Fire Robert DeMangus, Police Edward Walker, Police John Abbey, Police Jerry Davidson, Police James Gillispie, Police Robert Larsen, Public Works Angel Acosta, Public Works Ten Year Award Inice Durham, Mayor & Council Secretary Charlotte Crocker, Library Betty Davis, Library Maxine Groher, Library Leo Maxwell, Fire Al Lapp, Parks & Recreation William Arguello, Public Works With the assistance of the Director of Public Works Ervin Spindel, Mayor Ferris pre- sented In -Service Training Certificates to Richard Hilton and Ronald Hughes, Junior Engineering Aides, for completion of a course for Public Works Construction Inspectors at California State College at Los Angeles. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to approve the Minutes of the City Council Meeting of December 13, 1971. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to approve the Minutes of the Adjourned City Council Meeting of December 14, 1971. Councilman Winton requested the record show that he would abstain on voting on the Minutes of December 13th, inasmuch as he was not present at the Meeting. Communication from Chris Parr, 12532 S. Lakewood Blvd., regarding Extension of time to make improvements at 9041 and 9049 E. Imperial Hwy. (D.I.P. #522). Director of Public Works Spindel reported the construction of concrete driveways was required under Chapter 27 Action in 1964 and Mr. Parr has received extensions of time periodically since that date. He said the existing driveways are asphaltic concrete and show no signs of deterioration. In response to a question by the Mayor, Mr. Spindel stated Council Minutes 12/28/71 -1- his recommendation would be to approve the extension with a time limit to be set for construction. Mr. Chris Parr, 12532 S. Lakewood Blvd., Downey, explained the driveways were approved by the County. Councilman Winton stated he has inspected the property each time an extension has been requested, and there have been no signs of deterioration. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to approve the request for an Extension of time to make Improvements at 9041 and 9049 E. Imperial Hwy. (D.I.P. #522), subject to review by the City Council within a year. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from Los Angeles County Federation of Labor protesting against Downey Fire Department Employee. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to refer the matter to the City Manager for investigation and re- port back to City Council. REPORT OF LEGAL CLAIMS RECEIVED Ref. #035, Bonnie C. LaFavor, c/o Julius Weled, Attorney, 6055 E. Washington, Suite 117, Los Angeles Ref. #036, Barry Liebrich and Thomas Gomez, c/o Tredway, Brandmeyer & Ward, Attorneys at Law, 11510 South Downey Avenue, Downey Ref. #037, Eleanor Errhi, 12342 Brock Avenue, Downey Ref. #038, Guy Ray Ibanez, 7556 Irwingrove Drive, Downey ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 2104 TO THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO COUNCIL MEETING PROCEDURES The Ordinance was read by title only. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Winton to introduce the Ordinance. Motion failed for lack of a second. RESOLUTION NO. 2636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF GANO CULWELL TO THE PERSONNEL ADVISORY BOARD The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2636. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2637 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF DOUGLAS MORROW AS A MEMBER OF THE DOWNEY CITY HOSPITAL COMMISSION The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2637. Council 'Minutes 12/28/71 -2- AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2638 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING JANUARY FIRST AS APPRECIATE AMERICA DAY The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2638. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 1 Councilmen: Jennings ABSENT: 0 Councilmen: None Clarifying his "no" vote, Councilman Jennings stated he knows nothing about the organization promoting the resolution. RESOLUTION NO. WS-769 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 44701 - 45199, $239,342.45 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. WS-769. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-770 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 45200 - 45699, $204,850.46 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. WS-770. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 17225 - 17429, $118,270.91) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. WS-771. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 12/28/71 -3- It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #294, Pomering Road Ciro Street. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to award Cash Contract #SS-265, Gardendale Street and Lakewood Boulevard, to Crowell & Larson of Baldwin Park, the lowest and best bidder, in the amount of the unit prices bid, and waive the bid bond irregularity. Mayor Ferris requested the record show that there were seven bidders, and the low bidder was approximately $1200 below the estimated cost of the project. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to award Cash Contract #259, 24" Water Main Construction, to Pacific Coast Pipeline, Inc. of Santa Ana, the lowest and best bidder, in the amount of the unit prices bid. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Cash Contract #300 Golden Park Snack Bar. Director of Parks & Recreation James Ruth reported that a re-evaluation was made of the property and the snack bar building was redesigned to allow for the possible future construction of restroom facilities. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to approve plans and specifications and grant a-uthority to advertise for bids on Cash Contract #300, Golden Park Snack Bar. In response to a question by Councilman Jennings regarding the use of filled concrete blocks as opposed to brick, Director of Public Works Spindel stated the build- ing would be more structurally sound. He said, however, the matter would be reviewed further before it goes to final bid. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to approve Paving Matching Funds at the following locations: P.M.F. No. Address 137 7734 Yankey Street 138 8151 Cheyenne Avenue & 12943 Gneiss Street 139 12944 Gneiss Street Total Estimated City Cost AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Estimated City Cost $ 450.00 200.00 155.00 $ 805.00 It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to approve Sidewalk Matching Funds for sidewalk construction at the following locations: Council Minutes 12/28/71 -4- Estimated M.F. No. Address City Cost 91 12203 Rives Avenue $ 373.00 92 8029-8033 Cheyenne Avenue 128.00 93 11637 Patton Road 390.00 94 7219 Pellet Street 81.00 Total Estimated City Cost $ 972.00 AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris _ NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to accept dedication and improvements completed under Downey Private Contract #87, Brookmill Road West of Paramount Boulevard, and the, responsibility for maintenance thereof. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Assessment District No. 117-P Adoree Street et al Director of Public Works Spindel reported the area for the proposed assessment district is bounded by Adoree Street on the north, Gardendale Street on the south, Paramount Boulevard on the west, and Downey Avenue on the east, and would involve the installation of curbs and gutters and paving of streets and alleys. He said the total estimated cost is $174,200 and the City's contribution $78,300. Mr. Spindel stated approximately $74,700 would be budgeted from 1972-73 Gas Tax Funds, and the balance of $3600 would be financed from General Funds. He requested City Council authorization to set up meetings with property owners to determine their interest. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to authorize the Department of Public Works to initiate Assessment District No. 117-P, Adoree Street, et al. Councilman Winton stated this could be the first stage in the rehabilitation of the area and certain sections need complete reappraisal. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Director of Public Works Spindel reported on an analysis of the proposed uses for a Stump Grinder -Root Pruner. He said the actual operation would save the City approximately $3600 in operating expenses. Mr. Spindel stated the stump grinder would not only save in operation cost but would also result in a long-range financial saving in preventing some replacement of curbs and gutters by enabling the roots to be pruned before the displace- ment of curbs occurs. He said no additional personnel will be needed. Councilman Jennings requested that if the Stump Grinder -Root Pruner is approved, City Council be furnished with a report in twelve months on whether or not the equipment is being used advantageously without additional personnel. No action. City Manager Charles Thompson reported there were two bids received on the Sale of Stewart and Gray Property, which was authorized by the City Council. He said the high bidder is Mr. Alan Satterlee in the total amount of $4,010, and the bid is in line with the appraised value of the property. Mr. Thompson stated Mr. Satterlee's bid was subject to being able to move a building onto the property. Councilman Winton stated that, inasmuch as the zoning is M-1 the building to be moved onto the property could be anything from a cafe to a factory, and should it increase the flow of traffic in that area it would create a hazardous condition. At the request of Councilman Winton, the matter was held over. Mayor Ferris introduced his wife, Josephine; daughters, Chrinstine and Elaine; and son, George. The Mayor introduced Mrs. Thomas Morton, Mrs. Charles Thompson, and Mrs. Donald Winton. Council Minutes 12/28/71 -5- A recess was declared at 9:02 a.m. The Meeting resumed at 9:25 a.m., with all Councilmen present. Councilman Jose Guadalupe Mata of Guadalajara addressed the City Council which was translated by Lic. Jorge Moreno Martinez. Sr. Martinez introduced Senora Mats; Miss Guadalajara, Gilma Lisset Ibarra; and Miss Jalisco, Ana Maria Flores Marques. Sr. Martinez stated Councilman Mata extended greetings from the Municipality of Guadalajara to the City of Downey and said the feelings of friendship between Guadalajara and Downey are stronger every day. Sr. Rafael La Madrid, President of the Sister City Committee, said it has been an honor to serve on the Guadalajara Sister City Committee. A recess was declared at 9:50 a.m. The Meeting resumed at 9:58 a.m., with all Councilmen present. CITY MANAGER'S REPORT City Manager Thompson reported on a Request for Waiving of Parking Requirements, Russell's Bike Shop. He said a reply has been received from the property owner agreeing to the conditions as set forth by the Parking Place Commission. It was moved by Mayor Ferris and seconded by Councilman Hollis to approve the Request for Waiving of Parking Requirements, Russell's Bike Shop, subject to the recommended conditions. In response to questions by Councilman Jennings, City Attorney Newton stated if the approved conditions are imposed as conditions to a grant of waiver of City requirements, they can be enforced upon subsequent property owners as a covenant setting forth the con- ditions as recorded. He said if it was determined that there was a violation of a condition to the waiver of the parking granted, then the waiver could be revoked and the property owner could be found in violation of the City Ordinance requiring parking; the property owner would then be subject to prosecution. Roll call vote: AYES: 5 Councilmen: NOES: 0 Councilmen: ABSENT: 0 Councilmen: Morton, Winton, Jennings, Hollis, Ferris None None City Manager Thompson submitted a report of Engineering Costs - Public Works Projects, which he said is self-explanatory. No action. City Manager Thompson reported on negotiations with the City Employees' Association for Personnel Reclassifications of 13 classes involving 70 employees. He said the pri- mary criteria is a significant change in duties and the requirements of the classification over the past five years. Mr. Thompson stated only five jobs met the criteria: Library Assistant, Maintenance Leadman, Golf Course Starter, Technical Director, and Maintenance Man. He said there is a recommended change in title for the Golf Course Assistant. Responding to questionsby the City Council, Mr. Thompson explained the reclassifica- tions were negotiated with the City Employees' Association in July 1971, at which time a recommendation for a change in classification could not be made until the jobs could be documented as to daily, weekly and monthly activities. He said the Employees' Association was notified that a recommendation would be made after the first of the year. It was moved by Councilman Jennings to hold the Personnel Reclassifications in abeyance until the end of the fiscal year. Responding to questions by Councilman Morton, City Manager Thompson stated that at the time this matter was brought up for negotiation the budget was being reviewed, and there was not sufficient time to study it in detail. Therefore, he said, a program was set up for the study of each job and to make a recommendation at this time. Referring to the criteria used to determine substantial change in duties, Mr. Thompson explained there had to be a significant change in the employee's duties as compared to the duties when the classification was originally set up. Referring to the classification of Library Assistant, Mr. Thompson stated the duty of handling government documents was originally handled by an individual with a higher Council Minutes 12/28/71 -6- classification. He said the handling of government documents is an involved, Lengthy, and significant workload and not formerly handled by this particular classification. In the case of the Golf Course Starter, Mr. Thompson said the handling and recording of green fees is a significant change, and over and above his duties when the City acquired the Golf Course. Councilman Jennings restated his motion. The motion was seconded by Councilman Morton. Clarifying his second to the motion, Councilman Morton stated the increase in Councilmen's expenses was postponed to Budget session, and any salary increases should be handled at that time as well. Councilman Winton requested the record show he is not in favor of mid -year salary raises, however, the DCEA did ask for a study of 70 employee positions, which is a lengthy procedure, and he felt there were certain positions that deserved increases. Roll call vote: (See later actions, pages 8 and 9) AYES: 3 Councilmen: Morton, Jennings, Ferris NOES: 2 Councilmen: Winton, Hollis ABSENT: 0 Councilmen: None City Manager Thompson stated a Council Committee comprised of Mayor Ferris, Councilman Jennings, and the City Manager has submitted a report on the Golf Course Driving Range, containing three recommendations as follows: (1) That the City proceed with the construction of the Driving Range; (2) That the City design, supervise construction, and manage the Driving Range, and that a consultant be retained to aid in the design of the Driving Range, not to exceed $3,000 in cost; and (3) That the City finance the construction through methods available on a loan basis to be paid or amortized by funds derived solely from the use of the facility. Director of Parks and Recreation James Ruth recommended the architect or consultant be someone who is familiar with the driving range and golf course, and the Council Committee could interview and select someone who is qualified and experienced. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to approve the recommendations for the Golf Course Driving Range and that the Council Committee continue to review this matter and determine the criteria on which the architect is to be selected. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORAL COMMUNICATIONS Mrs. Betty Kenley, 9028 Manzanar, Downey, spoke in opposition to the proposed Ordinance Relating to Council Meeting Procedures. She suggested the City Council adopt Roberts Rules of Orders and submitted copies of a letter she had transmitted to the Attorney General. Mrs. Kenley made reference to the San Diego City Charter regarding Council Meeting Procedures. Responding to comments of Mrs. Kenley, Councilman Winton stated that the highest legislative body of the United States, the U.S. Senate, has a procedural ruling for anyone wishing to speak. He said the Ordinance that was drawn up was compiled of information from neighboring cities, it was reviewed by the City Attorney, and it is in no way an attempt to legislate the right of anyone wishing to speak. In response to an inquiry of Mr. Kenneth Miller, 7336 Cleargrove Drive, Downey, Mayor Ferris stated the Council Meeting Procedures were established 15 years ago, with the intent of leaving the meeting open to allow anyone present the time to speak. Mr. Miller inquired if the established rules would be in violation of Section 510 of the Charter which provides that any rules should be adopted. Mayor Ferris responded that Mr. Miller's question is to be made a matter of record and the answer will be delivered at a later date. It was moved by Councilman Hollis and so ordered to recess the meeting at 10:40 a.m. The Meeting resumed at 12:15 p.m., with all Councilmen present. Council Minutes 12/28/71 -7- Councilman Morton commented relative to the matter of reapportionment, Assembly and Senate Districts. The following is a transcript of his statements and a motion on the matter: "A matter that I believe needs to be considered seriously by the City Council is the matter of reapportionment. At one or two City Council meetings in the past, the matter was brought to our attention, but no definitive action was taken by the City Council, perhaps because we did not have full information on how the reapportionment would affect us as a City. We received communications from Senator Walsh and some remarks by Assemblyman Wakefield, but only in the last week or so have we received some indication of what the proposed lines of reapportionment might take as far as the City of Downey is concerned. It would appear, on the basis of what has been presented to us at the pre- sent time that, in my opinion, the citizens of the City of Downey would end up being disenfranchised with regard to their voice and effective voice before both the Assembly and the Senate. It appears the proposed reapportionment as far as the Assembly is concerned would divide this City into four sections and some of the Assemblymen who would represent the citizens of Downey would not live in or anywhere near Downey. Certainly they would have no understanding of the problems, policies and growth of the City of Downey as compared to wherever they may live. I believe it is incumbent that this City Council now go on record as opposing dividing the City up into four Assembly Districts. We should make a concerted effort to have Downey included in one Assembly District. I say this without regard to partisan politics, but I believe that as a Chartered City our citizens have a right to a unity voice with regard to the problems that affect this particular area. For that reason, I think the City Council should be represented both by a Councilman, if possible, and if necessary by a representative from our City Attorney's Office before the Commission this week, and express vocally and make a matter of record our position on reapportionment, and we should ask for con- sideration that Downey be in one Assembly District. In addition, because this matter could go in a way that would be adverse to the interests of the citizens of the City of Downey, I believe we should be prepared to take such legal action as may be necessary to protect the voting rights of the citizens of the City of Downey, a Charter City. I believe that both Constitutional and political questions are involved and they should be researched and a legal memorandum prepared in depth as to the rights of our City to proceed on behalf of its citizens both as a City and on the basis of a class action. Further, this matter should also be researched from the point of view of new law. The research should include original and new approaches in developing arguments in favor of our right as a City to be in one Assembly District. Further, if definitive action is taken by the Assembly and the Governor's office that is not in the interests of the citizens of our City, then we should be prepared to take action to obtain temporary restraining orders and involve the Courts. Accordingly, I move that the City of Downey go on record as indicating its position on having Downey, as a Charter City, included in one Assembly District and one Senate District, and we authorize the City Attorney's Office to prepare or have prepared by someone knowledgeable in Constitutional Law, a legal memorandum or brief on our rights in this regard, and that we make our voice known to the present Assembly, the Governor and the Commission, and, if necessary, we should be prepared to go to the Courts. I also move that we set aside funds in the approximate amount of $10,000 from Unappropriated Reserves for necessary Legal fees and expenses." The motion was seconded by Councilman Winton, and passed by the following vote. - AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Attorney was requested to schedule a delegation to appear before the Commission, hopefully this week, The City Clerk was requested to make a transcript of the comments and motion of Councilman Morton and to provide the City Attorney and City Manager with a copy. Councilman Morton stated he had received no response to his request of the City Manager regarding the status of the Sign Ordinance, Councilman Morton also commented regarding his request for review and report on the telephone bills, including those paid for Co -sponsored groups. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to reconsider the matter of Personnel Reclassifications. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutesl2/28/71 -8- - RESOLUTION NO. 2639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAKING CERTAIN ADJUSTMENTS EFFECTIVE JANUARY 1, 1972 The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Morton, and ;passed by the following vote to adopt Resolution No. 2639, subject to the condition that the sections contained therein are not in conflict with Phase II of the Wage and Price Freeze. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, .Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It,was moved by Councilman Jennings, seconded by Councilman Ho�T.is, and passed by the following vote to require five months' lead time on job re-eataivations submitted b the Employee Associations prior to adopting the budget each year,and that the Employe Associations be so notified. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None There being no further business to come before the City Council, the Meeting was adjourned at 12:30 p.m. ELLEN C. DAVIS, CITY CLERK JGSEPH,�;. FERRIS, MAYOP Council Minutes 12/28/71 -9-