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HomeMy WebLinkAboutMinutes-12-10-73-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 10, 1973 T A B L E O F M I N U T E A C T I O N S SUBJECT: DIP #644, S/s Benares St., Mitla Ave. to Ryerson Ave. - Auth. Dept. Comm. Dev. to proceed with construction DIP #645, S/s Benares St., Ryerson Ave. to Old River School Rd. - Auth. Dept. Comm. Dev. to proceed with construction DIP #646, Stewart & Gray Rd. bet Old River School Rd. & Susan Ave. - Auth. Dept. Comm. Dev, to proceed with construction County Lighting Maintenance District Reorganization Resolution #2880, Withdrawing that Portion of County 'Lighting Maint. Dist. Nos. 1400, 1456, 1565, 1741 incl. within Territorial Limits of Downey Minutes, November 27, 1973 Resolution #2881, Auth. Use of Certain Access Rights Dedicated to City on Brookshire Ave. Resolution #2882, Adopting ERNE of General Plan. Zone Exception Case #1000, 10808-10828 Studebaker Rd. - Use of Property - Grant retail use to General Electric Credit Corp. Use of Martin & Chapman as Election Sujplier fpr Municipal Election April 9, 1974 Legal Claims (for Council Action) Ref. #121, Mrs. Kenneth A. Lewis Ref. #123, Shirley Bouldin Ref. #124, Tracy Bouldin, a minor Ref, #125, Beatrice Hart Ref, #126, Judean Bouldin Ref.. #117, Karen M. Wolf Ref. #120, Beverly Boand Jones Ref. #1229 Marilyn Malloy Ref. #1289 William B. Duthie Ref. #129, Allstate Ins. for John Schlindwein ACTION: Approved Approved Approved Hearing continued to 12/26/73 Adopted Approved Adopted Adopted Approved Approved Denied Denied Denied Denied Denied Approved Referred back to carriex Approved Approved No action; reqest information from carrier Ordinance Amending Sec. 8400, 8405, 8410, 8411, 8415, 84197 8421 & 8430 DMC Adding Sec. 8406.1 & Adopting by Ref. 1971 Nat'l Electrical Code Introduced Uniform Electrical Code Changes Ordinance Amending Sec. 6258 DMC re Business Licenses Resolution #2883, Restricting Stopping at Anytime W/s Studebaker Rd. from 605 Fwy. Off -Ramp to Approx. 230 Ft. S/o Benfield Ave Page i.of 2 Hearing set for 1/14/74 Introduced Adopted PAGE NO. 1 2 2 2 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 4 5 5 5 5 TABLE OF MINUTE ACTIONS DECEMBER 10, 1973 SUBJECT: Resolution 'k2884, Ordering Extension of Downey County Lighting District Resolution #2885, Approving Appointment of Larry L. Davis to Board of Building Appeals Resolution #2886, to Recognize Los Angeles Regional Criminal Justice Planning Board as County Regional Criminal Justice Planning d Coordinating Body for Criminal Justice General Warrants #28327 - 28400 and #28401 - 28505 CC #338, Benares St. - Plans, specs d authority to advertise Grant of Easement for Utility Purposes Across Portion of Golden Park - Authorize Mayor to sign Sidewalk Matching Funds Energy Conservation Street Sweeping Solid Waste Management Plan - Designate Director of Public Works as Member of County Committee d assignment of study areas to Health d Sanitation Comm, Discussions re Rapid Transit District, Mass Transit System. Reports on EPA Transportation Control Plan Street Sweeping Problems on LaReina Avenue Conservation of Energy Report on Status of 105 Freeway Vehicle Abatement Program Sales Tax Revenue - Effect on City Conservation of Energy Lighted Baseball Diamonds at Rio San Gabriel Park Report on Ordinance re Conservation of Energy Discussion re Open Space and Sale of School Property Page 2 of 2 ACTION: Adopted Adopted Adopted Approved Approved Approved Approved Taken under submission Approved City Manager to review PAGE NO. 6 6 Suggestions by Councilman Temple Request for Staff Report Referred to City Manager Suggestions by Mayor Morton Referred to Director of Parks & Recreation 6 6 6 7 7 8 8 8 8 9 9 9 9 9 9 9 10 10 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 10, 1973 The City Council of the City of Downey held a regular meeting at 7:30 p.m., December 10, 1973, in the Council Chambers of the Downey City Hall, Mayor Thomas H. Morton presiding. PRESENT: Councilmen: Joseph E. DiLoreto, Walter S. Temple, Donald H. Winton, Thomas H. Morton ABSENT: Councilmen: Richard M. Jennings ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Richard D. Patton, Director of Finance James D. Ruth, Director of Parks d Recreation William A. Goggin, City Planner Ray Lake, Building Official F. D. Shade, Captain, Police Department Ronald S. Irwin, Battallian Chief, Fire Department Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman Walter Temple, followed by the Flag Salute led by Finance Director Richard Patton. Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey Improvement Project No, 644, South side Benares Street, Mitla Avenue to Ryerson Avenue. He inquired if the City Clerk had the Affidavit of Posting of Notice and Mailing, to which'the City Clerk responded in the affirmative. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to receive and file the Affidavit. Mayor Morton inquired if the City Clerk had received any written protests or objec- tions, and the City Clerk replied he had not. City Engineer Harald Henriksen reported the improvements consist of paveouts on the edge of the street, and curbs and gutters have already been installed. He said the property owners have been notified several times, and the last mailing was by registered mail. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to accept the report of the City Engineer. Mayor Morton inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. Ic was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to close the hearing on Downey Improvement Project No. 644. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to grant authority to the Department of Community Development to proceed with the construction on Downey Improvement Project No. 644, South side Benares Street, Mitla Avenue to Ryerson Avenue. AYES: 4 Councilmen: DiLoreto, Temple, Win.ton, Morton ABSENT: 1 Councilmen: Jennings Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey Improvement Proiect No. 645. South side Benares Street. Rverson Avenue to Old River School Road. He inquired if the City Clerk had the Affidavit of Posting of Notice and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and so ordered to receive and file the Affidavit. Mayor Morton inquired if the City Clerk had received any written protests or objec- tions, and the City Clerk replied he had not, Council Minutes 12/10/73 -1- City Engineer Harald Henriksen reported the improvements consist of curb and gutter in front of three properties and paveouts in front of ten properties. He said the pro- perty owners have been notified, and the last mailing was by registered mail. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and so ordered to accept the report of the City Engineer. Mayor Morton inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to close the hearing on Downey Improvement Project No. 645. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to grant authority to the Department of Community Develop- ment to proceed with the construction on Downey Improvement Project No. 645, South side Benares Street, Ryerson Avenue to Old River School Road. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey Improvement Project No. 646, Stewart and Gray Road between Old River School Road and Susan Avenue, He inquired if the City Clerk had the Affidavit of Posting of Notice and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and so ordered to receive and file the Affidavit. Mayor Morton inquired if the City Clerk had received any written protests or objec- tions, and the City Clerk replied he had not. City Engineer Harald Henriksen reported the improvements consist of construction of curb, gutter, and driveway aprons. He said the property owners have been duly notified, and the last mailing was by registered mail. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and so ordered to accept the report of the City Engineer. Mayor Morton inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and so ordered to close the hearing on Downey Improvement Project No, 646. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to grant authority to the Department of Community Development to proceed with the construction on Downey Improvement Project No. 646, Stewart and Gray Road between Old River School Road and Susan Avenue. APES: 4 Councilmen: 'DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings Mayor Thomas Morton declared that this is the time and place for the public hearing on County Lighting Maintenance District Reorganization. He inquired if the City Clerk had th.e Affidavit_ of Posting of Notice and Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive and file the Affidavits. Mayor Morton inquired if the City Clerk had received any written protests or objec- tions, and the City Clerk replied he had not. Mayor Morton inquired if there was anyone present who wished to speak in protest to the Reorganization, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to continue the public hearing on County Lighting Maintenance District Reorganization to 8:00 a.m., December 26, 1973, in the Council Chambers of the Downey City Hall. Council Minutes 12/10/73 -2- . 779 RESOLUTION NO. 2880 A RESOLUTION OF THE COUNCIL OF THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, WITHDRAWING THAT PORTION OF COUNTY LIGHTING MAINTENANCE DISTRICT NOS. 1400, 1456, 1565 AND 1741 WHICH IS INCLUDED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF DOWNEY The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2880. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and so ordered to approve the Minutes of the City Council Meeting of November 27, 1973. Communication from City of South Gate regarding Reaffirming Position on 105 Freeway Funds. Ordered filed. Communication from City of E1 Segundo regarding Reaffirming Position on 105 Freeway Funds. Ordered filed. Communication from City of Lynwood regarding Reaffirming Position on 105 Freeway Funds. Ordered filed. Communication from Congressman Del Clawson regarding Downey Centennial Plate. Ordered filed. It was noted the Downey Centennial Plate has now been added officially to the collection of the American Ceramics in the Smithsonian Institution. Councilman Joseph DiLoreto added that he had contacted Supervisor Schabarum and has submitted the Downey Centennial Plate to be placed in the County Museum in Los Angeles. Communication from Mr. and Mrs. T. E. McCart expressing Appreciation to the Public Works Physical Services Division. Ordered filed. Communication from Mr. Charles E. Frey regarding Request to Re -open ERME Public Hearing. Ordered filed. Communication from Property Owner, Northwest corner Brookshire and Quinn, regarding Access Rights on. Brookshire Avenue. City Engineer Harald Henriksen pointed out that the red and blue designations on the map have been reversed and should be the other way around. He said the property requesting the access rights is the southerly one of the two. RESOLUTION NO. 2881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE USE OF CERTAIN ACCESS RIGHTS DEDICATED TO THE CITY OF DOWNEY ON BROOKSHIRE AVENUE The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed;bY'the following vote to adopt Resolution No. 2881. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings Mayor Thomas Morton mentioned a letter had been received from Mrs. Scotto, and he inquired if each Councilman had received a copy. The Council responded affirmatively. Communication from the Planning Commission regarding Revisions to the Environmental Resources Management Element Report and Communication from Mr. William Goggin, City Planner, regarding Proposed Changes to the ERME Report. Ordered filed. Council Minutes 12/10/73 -3- .480 RESOLUTION NO. 2882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE ENVIRONMENTAL RESOURCES MANAGEMENT ELEMENT (ERNE) OF THE GENERAL PLAN. SAID ELEMENT MEETS THE REQUIREMENTS OF THE CONSERVATION, OPEN SPACE, AND SCENIC HIGHWAYS ELEMENTS The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2882. For clarification, Councilman Joseph DiLoreto pointed out the ERNE Report does not change the zoning; that the Council will consider at a later date an overall zoning ordinance which will implement the changes and recommendations of this Report. He said the Report does not set the policy of the City of Downey as far as changing zoning or implementing a zoning ordinance, but is a procedure whereby the City is not in compliance with State Law. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings Communication from the Planning Commission regarding Zone Exception Case No. 1000, 10808-10828 Studebaker Road -- Use of Property. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to grant retail use to the General Electric Credit Corporation, operating as a retail sales agency, on Zone Exception Case No. 1000. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings Communication from Robert L. Shand, City Clerk, requesting Approval of Martin & Chapman as Election Supplier for the Municipal Election of April 9 1974. City Attorney Royal Sorensen informed the Council that his firm represents Martin & Chapman. It was moved by Councilman. Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve the Use of the Services of Martin & Chapman as Election Supplier. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings LEGAL CLAIMS (for Council action) It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to deny the legal claim of Mrs. Kenneth A. Lewis, Ref. #121. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to deny the legal claims of Shirley Bouldin, Ref. #123; Tracy Bouldin,.a minor, Ref. #124; Beatrice Hart,__Ref. #125; and Judean.Bouldin, Ref. #126. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and so ordered to approve the legal claim of Karen M. Wolf, Ref. #117. At the request of the City Clerk, it was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to refer the legal claim of Beverly Boand Jones, Ref. #120, back to the insurance carrier. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and so ordered to approve the Legal claim of Marilyn Malloy, Ref. #122. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to approve the legal claim of William B. Duthie, Ref. #128. No action was taken on the legal claim of Allstate Insurance Co. for John Schlindwein, Ref. #129. The City Clerk indicated he will request more information on this claim from the insurance carrier. Council Minutes 12/10/73 -4- low ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8400, 8405, 8410, 8411, 8415, 8419, 8421 and 8430 OF THE DOWNEY MUNICIPAL CODE, ADDING SECTION 8406.1 AND ADOPTING BY REFERENCE THE 1971 NATIONAL ELECTRICAL CODE The Ordinance was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to introduce the Ordinance. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings Mayor Thomas Morton stated he may have additional comments to make on the Ordinance at the time of the public hearing. He requested each Councilman to carefully study the Ordinance to determine the cost effect to the homeowner. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Templer and so ordered to set a public hearing on Changes in the Uniform Electrical Code to 7:30 p.m., January 14, 1974, in the Council Chambers of the Downey City Hall. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6258 OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTION RELATES TO BUSINESS LICENSES The Ordinance was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to introduce the Ordinance. Councilman Joseph DiLoreto indicated he has discussed this matter with the City Attorney, and their understanding of the Ordinance is the same. He said it is his understanding that any employee of a professional corporation or association who is employed as an employee and has no pecuniary interest in the stock of the association or partnership, is not covered by this Ordinance and is not required to get a business license. The City Attorney concurred. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings RESOLUTION NO. 2883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESTRICTING STOPPING AT ANYTIME ALONG THE WEST SIDE OF STUDEBAKER ROAD FROM THE 605 FREEWAY OFF -RAMP TO APPROXIMATELY 230 FEET SOUTH OF BENFIELD AVENUE The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2883. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings RESOLUTION NO. 2884 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE EXTENSION OF THE DOWNEY COUNTY LIGHTING DISTRICT Council Minutes 12/10/73 -5- The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2884. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings RESOLUTION NO. 2885 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF LARRY L. DAVIS TO THE BOARD OF BUILDING APPEALS The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to adopt -Resolution No. 2885. RESOLUTION NO. 2886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OF LOS ANGELES COUNTY TO RECOGNIZE THE LOS ANGELES REGIONAL CRIMINAL JUSTICE PLANNING BOARD AS THE COUNTY REGIONAL CRIMINAL JUSTICE PLANNING AND COORDINATING BODY FOR CRIMINAL JUSTICE The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to adopt Resolution No. 2886. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve General Warrants #28327 - #28400 $43 767.10 and #28401 - #28505, $358,493.81. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #338 Benares Street. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings Grant of Easement for Utility Purposes across a Portion of Golden Park City Manager Charles Thompson mentioned this matter was taken under submission at a previous Council Meeting, and since that time a provision has been added in the lease that upon 90 days written notice by the City the utility company would remove the ease- ment at their expense. It was moved by Councilman Joseph DiLoreto to authorize the Mayor to sign a Grant of Easement for Utility Purposes Across a Portion of Golden Park in favor of the General Telephone Company. Mayor Thomas Morton referred to the Grant of Easement, wherein it says, "Upon 90 days written notice by Grantor, Grantee agrees to relocate........", and he asked if that means the telephone company will relocate the facilities within the confines of the established easement or remove them elsewhere. Mr. Thompson replied the intent was that the only way to relocate on City property would be by a further grant of easement. City Attorney Royal Sorensen suggested the word "relocate" be changed to "remove". There being no objections, the motion was amended to include the change as suggested. Council Minutes 12/10/73 -6- Discussion followed regarding the width and depth of the easement. The motion was seconded by Councilman Donald Winton. Mr. Guy Tree of the Pacific Telephone and Telegraph Company indicated the depth of the easement will be a minimum of 42 inches. Roll call vote: AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve Sidewalk Matching Funds at the following locations: Estimated M.F. No. Address City Cost 247 8338 Imperial Highway $ 92.00 248 8131 Cole Street 705.00 Total Estimated City Cost $ 797.00 AYES: 4 Cocincitmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to accept the public improvements constructed under Tract No. 24092 Sarabeth Street and Julius Avenue, and the maintenance thereof. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings Energy Conservation Street Sweeping City Manager Charles Thompson explained in addition to the fuel savings that would accrue from a bi-weekly street sweeping program, the crew time would be utilized in an expanded slot gutter cleaning program, as well as some additional concrete work. Councilman Joseph DiLoreto inquired if this would establish a concrete crew, and Mr. Thompson replied it would not. Councilman Donald Winton pointed out that there is a significant number of vehicles parking on the streets overnight and there are areas which are not swept on the weekly schedule because of those vehicles. He suggested consideration be given to an ordinance prohibiting overnight parking on the streets. Discussion ensued. Councilman Walter Temple spoke in favor of the bi-weekly street sweeping and said if it does not work out, the City could revert back to a weekly basis. Councilman Winton cautioned the Council that the City has not had an allocation of diesel fuel for the past two months because the City did not purchase any diesel fuel during the same two months last year. He pointed out that if the City conserves the 600 gallons this month this year, next year there may not be an allocation of 600 gallons., Mayor Thomas Morton commented he has mixed emotions regarding reverting back to the status of years ago regarding bi-weekly street sweeping. He said it is up to the City to maintain the quality level of residential areas, and cleanliness has a lot to do with the morale of the community. Councilman DiLoreto referred to the need for regular sweeping of the downtown area and said it is as. important to maintain that area as it is to maintain the residential areas. Councilman Winton questioned the need to sweep the downtown area daily. Mr. Thompson stated maybe three times a week would be sufficient. Councilman DiLoreto pointed out that the business section of Paramount Boulevard is not swept daily. Mr. Thompson said it is on the daily schedule. Council Minutes 12/10/73 -7- There being no objections, the matter was taken under submission to consider street sweeping in the downtown area on the basis of three times a week and to bring the matter back at the next meeting. Mr, Scott Temple, Chairman of the Downey Sister City Committee, introduced to the Council visiting students from Downey''s Sister City of Guadalajara. He discussed their itinerary of the next three days. Mr. Temple introduced two chaperones who assisted Mayor Thomas Morton in presenting Honorary Citizenship Cards to each member of the delegation. Mayor Morton declared a recess at 8;34 p.m. The meeting resumed at 8:48 p.m. with Councilmen DiLoreto, Temple, Winton, Morton presen.t9 Councilman Jennings absent. CITY MANAGER'S REPORT City Manager Charles Thompson reported on the Solid Waste Management Plan, which is the result of the requirements of the Solid Waste Management Resource and Recovery Act of 1972. He said this particular law requires the County to submit a Solid Waste Manage- ment Plan to the State Board by January, 1976, and the County Board of Supervisors has named the County Engineer as the project director in order to formulate the plan. Mr. Thompson stated the plan must be ratified by 51 percent of the cities within the County in order to be effective. He recommended the 'Director of Public Works be designated to serve on the County Solid Waste Management Committee and further recommended the Citizens Health. and Sanitation Committee be assigned the responsibility of studying and recommend- ing local minimum standards for policies and practices in regard to various items of a Solid Waste Management Plan. Mr. Thompson. stated as work progresses he will keep the Council advised as to any issues that may arise. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to designate Director of Public Works Ervin Spindel as a member of the County Solid Waste Management Committee and the assignment of study areas to the Citizens Health and Sanitation. Committee. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSENT: 1 Councilmen: Jennings Mr. Thompson explained that on. Tuesday evening, December 11th, he will be attending a. hearing of the Rapid Transit District regarding proposals and a plan for this area on the Mass Transit System.. He said if there are any comments at this time, he will be glad to present them at the hearing. Mr. Thompson stated he has attended two of the hearings, and there are a number of interesting and impacting possibilities under the plan. wb.ich, if passed, would have some general consequences for the City of Downey. Commenting or. the EPA Transportation Control Plan, City Attorney Royal Sorensen indicated he has submitted a seven -page report to the City Manager on some of the general purposes of the Clean Air Act. He said the provision for surcharge and its effective date have beeai. delayed. Mr. Sorensen commented the State is still working on an alternate plan' and although the surcharge provision ;has been extended and delayed, there are still other matters that apply to various activities such as gasoline ration- ing as of May 31, 1977; vehicle inspection standards; a prohibition against the operation of motorcycles between the hours of 6.00 a.m. and 8:00 p.m.. from May through September; a retrofit program for automobiles; providing employees who use mass transit facilities With reimbursements of their expenses up to $200; and, providing parking spaces closest to the facilities to those employees who drive in car pools. Mr. Sorensen stated another meeting of the City Attorneys" group has been scheduled to bring the group up to date. He said there have been many questions and opposition statements, but very few solutions suggested. Mayor Thomas Morton commented on his attendance at the public hearing in San Francisco, and he urged each Councilman to read the proposed EPA regulations. He said a State Attorney representing the State appeared at the public hearing in opposition to the proposed regulations on the basis the regulations are in violation of the Constitu- tion with the EPA attempting to regulate matters dealing with real property at the local level. Mayor Morton explain.ed the indirect source proposed regulation would deal with zoning situations and would have the authority to override or overrule local City governments and local Planning Commissions with regard to zoning matters. Mayor Morton stated wires have been sent to the State and representatives of Congress expressing Downey's opposition to the proposed regulations. He mentioned that although California has not submitted a plan to the EPA, other States have done so, and all were disapproved. Council Minutes 12/10/73 8- Mr. Sorensen informed the Council that a petition has been filed with the Circuit Court of Appeals to preserve Downey's right as a City to have the EPA -rules and regula- tions reviewed. He said if there is any significant litigation involving the rules, the burden would be carried by the larger cities. Mr. Sorensen further indicated that in order to build a parking facility of more than 50 spaces it would be necessary to obtain a permit from the EPA after meeting certain requirements, however, the wording of the regulation is such that there are many uncertainties as to how this would be applicable. ORAL COMMUNICATIONS Councilman Walter Temple reported on complaints received from residents on LaReina ----- Avenue regarding Street Sweeping Problems. He said there are a number of apartments on LaReina and the street sweeper cannot sweep because of all the parked automobiles. He stated residents were informed by Staff that it would be necessary to obtain a petition signed by all the residents to restrict parking on LaReina during street sweeping hours. City Manager Charles Thompson said he would look into the matter. City Engineer Harald Henriksen indicated it has been normal procedure to request a petition be circulated among the property owners because there could be a conflict of interest. Also, he stated, in the older apartments there is a one-to-one ratio of park- ing, and it may be difficult to find parking for those automobiles. Referring to the matter of Conservation of Energy, Councilman Temple suggested the Minutes of the Council Meetings, and particularly the Planning Commission Meetings, be printed on both sides of the paper to save the cost of printing and mailing. Responding to a request by Councilman Donald Winton regarding the current status on the 105 Freeway, City Attorney Royal Sorensen stated the Circuit Court of Appeal overruled the District Court's decision, wherein it required further hearings on the corridor, and all that is left for the State to do is to prepare and submit an EIR (Environmental Im- pact Report). He commented the State is still enjoined from acquiring homes or properties except where property owners request it and from demolishing or removing structures absent specific authorization by the Trial Court; the re -rental matter was remanded back to the Trial Court for further study and review. Mr. Sorensen mentioned that on behalf of the City he argued the motion requesting authorization requiring the State to remove or demolish all of the structures in accordance with the Performance Agreement between the City and State, however, the Court has not ruled on that motion. Councilman Donald Winton referred to the November 12th Council Meeting, wherein he requested information from the Police Chief regarding the new abatement procedures for the removal of abandoned and inoperative vehicles from private property under the Vehicle Abatement Program. He submitted copies of a report covering Phase A, which is an inspec- tion of approximately one-third of District 1, and requested a staff report back from the various departments under the supervision of the City Manager. Mayor Thomas Morton spoke regarding the fuel shortage and apparent changing trends of the buying public that may seriously effect the Sales Tax Revenue that comes into the City and upon which the City bases most of its revenue for its operation. He suggested the City Manager be directed to keep the Council advised monthly of the Sales Tax Revenue experienced in the City as against what has been expected, and if it appears to show a down -trend, studies should be initiated by the City Manager with each of the departments as to what can be done to offset the lack of revenue. Mayor Morton indicated if the revenue is not coming into the City from Sales Tax, then the City Council must look to an alternate source of revenue or begin tightening the budget. City Manager Charles Thompson mentioned that he and the Director of Finance have discussed this matter, and reports will be made available to the City Council. Mayor Morton commented on the Conservation of Energy and stated it appears there has been hardly any cutback by the business side of the community with regard to turning off lights and conserving energy --billboards and display rooms are still well lighted. He suggested the Chamber of Commerce be requested to urge the business community to begin voluntarily cutting back on the use of billboard signs and bright lights. Mayor Morton reported he had received calls from residents on Lesterford Avenue in- quiring about the Lighted Baseball Diamonds at Rio San Gabriel Park and whether the.City would consider eliminating use of the baseball diamond lights and rescheduling games for play during the afternoon. He referred this matter to the Director of Parks & Recreation for study. Council Minutes 12/10/73 -9- 4 786 City Atmrney Royal Sorensen stated to the best of his knowledge the cities which have adopted ordinances or regulations on the Conservation of Zbergy,Are cities which have their own power system and can do it as a means of controlling the distribution of power and imposing regulations upon the users of their power. He said the question of whether a city such as Downey that does not have its own power system has the legal power to enact an ordinance regulating the use of lights for the purpose of conserving energy supplied by a public utility is a question to which he cannot. find an answer. Mayor Morton mentioned giving some thought to the use of the term "quasi public" and as to whether or not it has any relevancy to the matter. Mr. Charles Frey, 7727 Finevale Drive, Downey, addressed the City Council regarding his concern for Open Space and the Sale of the Roger Casier Elementary School Property. He proposed that an initiative be placed before the voters asking for their opinion and whether they would provide the necessary financing to acquire all surplus school sites through Downey. Mr. Frey urged the Council to consider the concept of such an initiative, and if the Council is favorably inclined to make immediate contact with the School District and ask them to postpone their potential sale until such time as the people can express their views. Mayor Morton asked if Mr. Frey°s financing calculations included ongoing maintenance costs. Mr. Frey replied approximately 7� cents per $100 added to the present City tax rate would generate funds in excess of one million dollars in six years to acquire land, prepare the land for ideal park spaces, and thereafter the same initiative could include a penny or two for continued maintenance. Discussion followed. Councilman Walter Temple said he is in full agreement with such a plan and that he believes the people would approve a tax increase for the purpose of acquiring open space and more recreational land. Councilman Donald Winton pointed out that an initiative may be a good thing, however., the areas where the schools are being declared surplus are areas in which they are not needed. Further, he said, there are areas where there is no consideration given to the closure of schools because they are in dire need of schools due to the high enrollment. Councilman Winton stated he could hardly believe the City would be justified in expending funds to bring one area within a national standard when another area is 100 to 200 percent below that in the City, and funds should be distributed evenly„ He said if the initiative would include the thought of equalizing recreational facilities throughout the City, he would be in favor of it. Councilman Joseph DiLoreto:r mmiented that one of the problems is the City of Downey basically is.not in a position to control what the School District considers to be excess land. Councilman Winton suggested the initiative would have to include moneys to purchase properties in areas where there are not schools that are going to be declared surplus, where the schools are going to be in full use, and where there are a great number of children, with the schools desperately needed. He said he would oppose any measure that would create an inequity of parks in one section of town because certain schools were no longer needed in another part of the City. Mrs. Frances Saurenmann, 7621 Shadyoak Drive, Downey, inquired if the Council is aware of bills pending in the State legislature and Federal legislature for sums of money to be given to cities for just purchasing open space. She said open space should be considered for all of Downey, not certain sections, and open space is needed for senior citizens as well as children. Mr. Ed Kelly, 10521 Lakewood Boulevard, Downey, expressed his concern for open space. Mrs. Hazel Scotto, 9203 Cord Avenue, Downey, indicated it is her understanding the school properties could be leased for $1.00 a year; the school grounds would not be lost; and should they be needed again, the School Board could take them back and use them for schools. She suggested the Council work with the School Board on this matter. Councilman Winton said he would be willing to meet with the School Board at any time to consider a dollar -a -year land leasing plan. There being no further business to come before the City Council, the meeting was adjou ed at 9:40 P.M. y Robert L. Shand, City Clerk -Treasurer Thomas H. Morton, Mayor Council Minutes 12/10/73 -10-