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HomeMy WebLinkAboutMinutes-01-14-74-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 14, 1974 T A B L E O F M I N U T E A C T I O N S SUBJECT: Resolution #2892, Ordering Vacation of a Portion of Nada St. known as Future & Private Resolution #2893, Confirming Assmt. for Chapter 27 for DIP #638-A, W/s Brookshire S/o Otto St. Adoption of National Electrical Code, 1971_ Edition - Public Hearing closed Minutes, December 26, 1973 Chamber of Commerce Quarterly Report for 10/1 - 12/31/73 & Request for Funds per Agmt. Fees to Election Officials for General Municipal Election, April 9, 1974 Petition re Street Barricading bounded by Paramount & Downey, Adoree & Gardendale Appointment of Mrs. Donna Engle to Rose Float Assn. Comm. from Downey Firemen's Assn. Legal Claims (for Council action) Ref. #139, Thomas James Hansen Ref, #141, Joe Goldstein Legal Claims (for information only) Ref. #142, United Pacific Reliance Co. for Albert Patchell, et a1 Ordinance #447, Granting Determinate Franchise to Atlantic Richfield Co. for Flammable Liquid Pipelines Within City Ordinance, Amending DMC Adding Sec. 4103.1 re Alcoholic Beverages Resolution #2895, Calling & Giving Notice of General Municipal Election on Tuesday, April 9, 1974 Resolution #2896, Requesting Bd. Sprvsrs. to Permit Registrar of Voters to Render Specified Services to City re Conduct of General Municipal Election April 9, 1974 Resolution #2897, Urging Calif. Coastal Zone _ Comm. to Rescind Previous Decision to Deny Expansion of San Onofre Nuclear Generating Plant & Grant Approval for further dev. General Warrants #28798 - 28893, 28894 - 29007, & #29008 - 29151 CC #338, Benares St. CC #SS-272, Stewart & Gray Rd. - Acceptance of improvements and extra work Page 1 of 2 ACTION• Adopted Adopted Approved Approved as provided in Budget Approved Ordered filed; citizens spoke in opposition Approved Referred to City Manager Denied No action Adopted Introduced Adopted Adopted Adopted Approved PAGE NO. Taken under submission to 2/11/74 Approved 1 3 3, 8 3 3 4 4 5 5 5 5 5 6 6 6 7 7 7 VA COUNCIL MINUTES JANUARY 14, 1974 TABLE OF MINUTE ACTIONS --- SUBJECT: ACTION: PAGE NO. DIP #650, N/s Stewart & Gray Rd. between Old River School Rd. & Pomering Rd. - Auth. Chapter 27 proceedings & Sidewalk Match. Funds Approved 7 Weed Abatement Schedule for 1974 Ordered filed 7 Fuel Shortage & Energy Crisis Report by City Manager 7 Bi-Weekly Street Sweeping Program - Report back every 60 days; sweeper employees to clean slots in cross gutters Approved 8 Transfer of funds to meet fuel needs of City Approved 8 Use of Prisoners on City Projects City Manager to check into program further 8 Ordinance Amending Sections of thesDMC, Adding Sec. 8406.1 & Adopting by Reference the 1971 National Electrical Code Re -Introduced 9 Resolution #2894, Adopting Express Findings' Regarding Modification of National Electrical Code Adopted 9 Resignation and Vacation of Mayor's position 10 Mayor Pro Tem Richard Jennings Elected Mayor of the City of Downey 10 Councilman Joseph DiLoreto Elected as Mayor Pro Tempore of the City of Downey 10 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 14, 1974 The City Council of the City of Downey held a regular meeting at 7:30 p.m., January 14, 1974, in the Council Chambers of the Downey City Hall, Mayor Thomas H. Morton presiding. PRESENT: Councilmen: Joseph E. DiLoreto, Richard M. Jennings, Walter S. Temple, Donald H. Winton, Thomas H. Morton Absent: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen,City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance James D. Ruth, Director of Parks d Recreation William A. Goggin, City Planner Ray Lake, Building Official Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Percival Henkelman, Moravian Church of Downey, followed by the Flag Salute led by Councilman Richard Jennings. Mayor Thomas Morton recognized former Mayor and Councilman, Joseph Ferris, Mayor Thomas Morton declared that this is the time and place for the public hearing on Vacation of a Portion of Nada Street known as Future and Private. He inquired if the City Clerk had the Affidavit of Publication and Affidavit of Posting of Notice, 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. Community 'Development Director Ervin Spindel reported this was designated as a future and private street when the subdivision was accepted for the future extension of Nada Street, He said, however, because of the development of the property to the west, Nada Street will never be extended through and the ,property owner has requested this be vacated; Mayor Morton inquired if the City Clerk had received any written correspondence, and the City Clerk replied he had not. Mayor Morton inquired if there was anyone present who wished to speak in opposition to the Vacation, and there was no response. He inquired if there was anyone present who wished to speak in favor, and there was no response. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton., and so ordered to close the hearing. RESOLUTION NO. 2892 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF A PORTION OF NADA STREET KNOWN AS FUTURE AND PRIVATE The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2892. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey Improvement Project No. 638-A, West side Brookshire Avenue South of Otto Street. Council Minutes 1/14/74 -1- P 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 Donald Winton, seconded by Councilman Walter Temple, and so ordered to receiveandfile the Affidavit. Mayor Morton inquired if the City Clerk had received any written protests or objec- tions to the improvements, and the City Clerk replied he had not. Community Development Director Ervin Spindel reported on the improvements. He said the total cash assessment is $1,342.43; total interest commencing February 1, 1974 to November 1, 1974, is $66.94; and the total amount to be collected is $1,409.37. Mr, Spindel stated ordinarily at the option of the Council the property owner is given the opportunity to pay off in ten installments. However, in this case, since there was a condemnation action. and the value of the Land exceeds the amount of the assessment, it is recommended the amount be paid in one lump sum. 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, Mr. Jim Callahan, 10025 Brookshire Avenue, the property owner, protested the amount of money and said he did not request the sidewalks. He stated he is agreeable to the curb but is protesting the sidewalks. Mr. Callahan commented there is a sidewalk to the south of his property, but there are no sidewalks to the north. Mr. Spindel explained Mr. Callahan was notified of the improvements and of the public hearing of July 9, 1973. He said it was pointed out at the hearing that there would be sidewalks on more than 50% of the block and, therefore, provisions of Chapter 27 would apply. Mr. Spindel indicated at the Council Meeting of March 12, 1973, condemnation pro- ceedings were authorized by the Council for sufficient right-of-way for sidewalk construction. Mr. Callahan remarked he was notified of the curbs to be installed, but not the - sidewalks. It was noted Mr. Callahan was notified of the improvements by letter dated June 12, 1973, Which .specifically called out PCC curbs and gutters, sidewalks, driveway apron, and appurtenant work thereto. A notice of improvement was posted on the property and specifically called out the improvements. Copies of the letter and notice are on file in the office of the City Clerk. City Attorney Royal Sorensen referred to discussions he had with Mr. Callahan"s attorney, which, were related to the condemnation action and not the Chapter 27 proceed- ings. He said a complaint was filed with the Court and an Order of Immediate Possession was obtained for the acquisition of a certain width strip of land; that an amendment was made to the complaint to take a wider strip for sidewalk purposes. Mr. Callahan pointed out that the sidewalk area is less than 10 feet from his front window, which will make it impossible to carry on normal living conditions, Mr. Sorensen mentioned this was taken into account in the condemnation matter, and the element of damages was based in part upon that. He said moneys are on deposit with the Court. Councilman Joseph DiLoreto inquired if Mr. Callahan would be eligible for sidewalk matching funds, The City Manager replied matching funds have been allocated as an incentive for property owners to go ahead with sidewalk improvements where there is existing right-of-way. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to close the hearing. It was moved by Councilman Joseph DiLoreto and seconded by Councilman Walter Temple to approve Downey Improvement Project No. 638-A West side Brookshire Avenue South of Otto Street, with the exception that the portion which represents the sidewalks be allocated and the total amount be reduced proportionately in accordance with the sidewalk. matching fund policy. Council Minutes 1/14/74 -2- Mayor Morton noted this property owner has been requested many times to voluntarily cooperate in improving the area because of a serious water problem, and a number of citizens from that area had appeared before the City Council requesting action. AYES: 1 Councilmen: DiLoreto NOES: 4 Councilmen: Jennings, Temple, Winton, Morton Motion failed. RESOLUTION NO. 2893 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 638-A, WEST SIDE OF BROOKSHIRE AVENUE, SOUTH OF OTTO STREET The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2893, AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton Mayor Thomas Morton declared that this is the time and place for the public hearing on Adoption of National Electrical Code 1971 Edition. He inquired if the City Clerk had the 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 Affidavit. 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 opposition to the National Electrical Code, 1971 Edition, and there was no response. He inquired if there was anyone present who wished .to speak in favors and there was no response, It was moved by Councilman Donald Winton, seconded by Councilman Walter 'Temple, and so ordered to close the hearing. For clarification, Councilman Temple inquired if a new position will be created because of this, and the City Manager replied there will not. The Council raised questions regarding Paragraph 2.1 Page 4. It was pointed out a person could not place more than one electrical fixture on the same wall. Building Official Ray Lake said it means electrical fixtures of the same type. Following discussion, the matter was taken under submission. (See later action Page 9 ), It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to approve the Minutes of the City Council Meeting of December 26, 1973.. Communication from Mrs. Charles E. Beasley extending Appreciation to the Department. of Community Development. Ordered filed, Communication from Downey Chamber of Commerce regarding Quarterly Report for October 1 - December 31, 1973 and Request for Funds per Agreement. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto' and passed by the following vote to approve the quarterly allocation as provided in the budget. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton Communication from City of Covina regarding Expansion of San Onofre Nuclear Generating Station. Ordered filed, Council Minutes 1/14/74 -3- Communication from the Los Angeles County Board of Supervisors regarding Senior Citizen Social Service Program. Ordered filed. Mayor Thomas Morton suggested the City Council may want to study this matter and refer it to Councilman Jennings, Communication from Public Utilities Commission regarding Application #53974 of General 'Telephone Company for Authority to Increase Certain Rates and Charges in Sc Cal. P.U.C. 4A-24, Telephone Answerin¢ Service.. Ordered filed. Communication from City Clerk -Treasurer requesting Council approval of the following Fees to Election Officials for the General Municipal Election of April 9, 1974. Inspector $21.00 Judge 18.00 Clerk. 18.00 Clerk $18.00 Polling Place Rent 18.00 School Custodian 8.00 It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to approve Fees to Election Officials for the General Municipal Election of April 9, 1974. AYES, 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton Communication from Walter J. Pasner regarding Commendation to Library Staff. Ordered filed. Communication from Lee J. York regarding Appreciation to Police Department. Ordered filed. Comrrmu.ni.cation from Public Utilities Commission regarding Energy and Fuel Require- ments and Supplies. Ordered filed. Communication from Mrs. Ruth Cooley regarding Petition protesting Street Barricading bounded by Paramount Boulevard and Downey Avenue, Adoree Street. and Gardendale Street. Ordered filed. For the benefit of the citizens present concerning the petition, Mayor Thomas Morton asked. Councilman Jennings to give a status report on this program. Councilman Richard. Jennings explained in the process of preparing as assessment district, it was decided to experiment to see if any method could be devised to keep through traffic out of that area and restrict it to residential use only. He said a public meeting was advertised and held and the City presented several different plans for temporary barricading in that district to attempt to determine whether any of the plans would work and whether any were wanted by the citizens in the area; that it. was the concensus of the people who attended the meeting to try the barricades on a 30-day basis. Councilman Jennings indicated the City went ahead on that basis, with maps sent to the residents showing where the barricades would be placed, and the first plan was in conformance with the wishes of the majority of those attending the meeting. Councilman Jennings said over 30 days has elapsed, the barricades have been moved, and letters and maps have been sent out to the residents in that area informing them of the second phase of.' the barricading. Councilman Jennings- commented further that at the end of the next 30®day period another public meeting will be held, and it is hoped there will be a large turn -out so that the City can find out what the people in that district think of the different methods of: barricading, or no barricades at all. He asked for citizen cooperation both during the barricading and after and said a decision cannot be made without citizen opinion, and he will abide by the majority. Mayor Morton indicated he has received calls from citizens concerning the barri- cades and stated this is strictly a temporary situation for experimental purposes to keep out commercial vehicles. He said this has been attempted by the Councilman of that district to not only solve a problem but to upgrade the level of the residential area. Mayor Morton. inquired if there was anyone present who wished to speak to the matter. He reminded those present that this is not a public hearing and no determination will be made this evening. The following people spoke in opposition to the barricades, Walter C. Larson, 8119 Devenir Avenue Joan Whitman Council Minutes 1/14J74 -4- Enna Morrison, 8134 Comolette Avenue Jack Mitcham., 8120 Comolette Avenue Responding to a statement regarding the lack of street lights on Comolette, Mayor Morton said every corner in the City is programmed for safety lights. He stated lights up and down the street is a matter of local assessment, and every street where there are lights has been done by local assessment district, with the exception of safety lights at intersections. Communication from Councilman Joseph DiLoreto regarding Appointment of Mrs. Donna Engle to the Rose Float Association. It was moved by Councilman Donald Winton, seconded by Councilman Richard Jennings, and so ordered to approve the appointment. Mayor Thomas Morton commented on a letter received this day from the Downey Firemen's Association, There being no objections, this matter was referred to the City Manager to report back at the next meeting. LEGAL CLAIMS (for Council action) Ref. #139, Thomas James Hansen Ref. #141, Joe Goldstein It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to deny the legal claims of Thomas James Hansen and Joe Goldstein. LEGAL CLAIMS (for information only) Ref. #142, United Pacific Reliance Co. for Albert Patchell, et al ORDINANCE NO. 447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A DETERMINATE FRANCHISE TO THE ATLANTIC RICHFIELD COMPANY FOR FLAMMABLE LIQUID PIPELINES WITHIN THE CITY. The Ordinance was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to adopt Ordinance No. 447. AYES; 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton ORDINANCE NO. AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 4103,1 RELATING TO ALCOHOLIC BEVERAGES The Ordinance was read by title only, Councilman .Joseph DiLoreto asked if this Ordinance would allow the use of the Green Room at the Downey Theatre for activities such as wedding receptions and also allow alcoholic beverages to be served. City Manager Charles Thompson replied yes. He inquired if it was the Council's intent to provide this for the Civic Center, including the Green Room at the Theatre, and the Rio Hondo Country Club. Councilman Walter Temple indicated this Ordinance is too broad-, that it would en- compass everything under the discretion of the City, and alcohol could be served at any of the public places. He said although he does agree there should be an Ordinance to cover the Golf Course, and he is in favor of serving champagne punch or something of that nature at the Downey Theatre for private parties, he is very much against serving mixed drinks at the Theatre, He stated he would like to see the Ordinance amended or rewritten, City Attorney Royal Sorensen indicated there would have to be a licensee or a person authorized to cater a particular function. such as a special function. at the civic auditorium. Mayor Thomas Morton. agreed the language is too broad, He said the way the Ordinance is worded it could even permit catering at the Downey Museum or Wilderness Park, and he Council Minutes 1/14/74 -5- would oppose catering of any type of alcohol at any park or in any other public building other than the Golf Course. Discussion followed regarding what would be permitted under the Ordinance, Councilman Richard Jennings remarked he would not want to introduce an Ordinance until he saw rules and regulations by which the City would abide, Mayor Morton pointed out that there is a problem with the Golf Course and techni- cally the City is operating in violation. He said the Council should proceed to have the wording of the Ordinance changed to permit the Golf Course to continue in operation and then, bring back a later amendment which can be done at a subsequent time. Section 4103.1, line 4, after the word "beverages" was changed to read: .,,,s'at the Rio Hondo Golf Course when alcoholic beverages are dispensed thereon,,.,,," The Ordinance was re -read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to introduce the Ordinance, AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton Councilman Jennings asked the Park & Recreation Director through the Commission to come back with a set of rules and regulations that the Council can approve or disapprove before going into that part of a new Ordinance. RESOLUTION N0, 2895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 9TH DAY OF APRIL, 1974, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF DOWNEY The Resolution was read by title only. It was moved by Councilman Donald Winton., seconded by Councilman Richard Jennings, and so ordered to wa.ive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the fcllowing vote to adopt Resolution. No, 2895, AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Wanton, Morton. RESOLUTION NO, 2896 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF DOWNEY, RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 9, 1974 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, 2896, AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton. RESOLUTION N0, 2897 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY' URGING THE CALIFORNIA COASTAL ZONE COMMISSION TO RESCIND ITS PREVIOUS DECISION TO DENY EXPANSION OF THE SAN ONOFRE NUCLEAR GENERATING PLANT AND GRANT IMMEDIATE APPROVAL FOR THE FURTHER DEVELOPMENT OF THIS GENERATING STATION, Council Minutes 1/14/74 -6- The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2897. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to approve General Warrants #28798 - 28893, $187,569.80; #28894 - 29007, $256,909.81; and #29008 - 29151, $115,450.54. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton Councilman Jennings commented to the Finance Director that he highly approves of the new method of presenting the warrants. It was moved by Councilman Donald Winton, seconded by Councilman Richard Jennings, and passed by the following vote to take Cash Contract #338, Benares Street, under submission until the regular meeting of February 11, 1974. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton It was moved by Councilman Donald Winton, seconded by Councilman Richard Jennings, and passed by the following vote to accept the improvements completed under Cash Contract #SS-272, Stewart and Gray Road, approve extra work in the amount of $280.70,.and accept the responsibility for maintenance thereof. AYES- 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton It was moved by Councilman Richard Jennings, and passed by the following vote to authorize the for the construction of sidewalks on Downey Impro Stewart and Gray Road between Old River School Ro seconded by Councilman Walter Temple, initiation of Chapter 27 proceedings ement Project No. 650, North side of AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton approve The Weed Abatement Schedule for the calendar year 1974 was ordered filed. Mayor Thomas Morton declared a recess at 8:40 p.m. The meeting resumed at 8:55 p.m. with all Councilmen present. Mayor Morton mentioned following the City ManagerBs Report, the City Attorney has indicated he would like to meet with the Council concerning a legal matter. CITY MANAGER'S REPORT City Manager Charles Thompson reported on the Fuel Shortage and Energy Crisis as it effects the municipal operations. He called the Council°s attention. to the fact that the allocation made to the City in July and August of this fiscal year were 15,500 gallons. In January the City received 11,092 gallons, and the same is expected February, which is 4400 gallons per month reduction. Mr. Thompson referred to the previous recommendation for Bi-Weekly Street Sweeping Program, which the Council took under advisement, and stated the program would save approximately 800 gallons of fuel per month. He said this would not curtail the value of the service, the program would be kept under close surveillance, and should it occur that additional sweepings are necessary, it could be undertaken. Emphasizing the increase in gasoline prices, Mr. Thompson noted that the last fiscal year the City was paying approximately 15C per gallon, with indications the City may be paying more shortly. He said as a result of this, he is requesting a $15,000 increase in the supplemental appropriation in order to provide funds necessary to meet the fuel needs for the City. Responding to questions, Mr. Thompson explained propane is also paid for out of this account, and propane was not utilized by the City last year. He stated the use of propane has gone up considerably. Discussion followed. Council Minutes 1/14/74 -7- Mr, Thompson further explained if there is an overage in. the account it will lapse as an unexpended balance. He stated fuel is the only expenditure for that account. Councilman Richard Jennings requested the two actions in the City Manager's Report be divided into separate motions. He indicated he is not against reducing street sweep- ing to a bi-weekly schedule providing it is brought back to the Council every 60 days, and if the gas shortage eases, it be brought back to a weekly basis in residential areas. Councilman Jennings also requested that the people who are idled by the lack of street sweeping be used to clean slots in cross gutters exclusively until every slot in the City has been cleaned. Public Works Director Ervin Spindel replied the City would need more manpower than it presently has to make sure every slot in the City is cleaned on a regular basis, however, it is the City's intention to use an equivalent amount of manpower to clean the slots. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to approve Bi-Weekly Street Sweeping Program; that it be brought back to the Council every 60 days; and, that the employees idled by the lack of street sweeping be used to clean slots in cross gutters exclusively. Councilman Temple requested the City Manager to report to the Council on the fuel savings accomplished, particularly with regard to City vehicles. Mr. Thompson said a close check is being kept on this, and there is some indication of future difficulty with the fuel situation. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to approve the following transfer of funds as a result of gasoline price increases: Amount From To $15,000 General Fund Balance 10 171 Equipment Fund 62 572 Mr. Thompson was asked by Councilman DiLoreto if $15,000 was a realistic figure., He said it is probably a little more than will be used unless there are two increases, however, it was felt by doing this there wouldn't be the need to come back for an addi- tional supplemental appropriation. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton Mr. Thompson stated as requested he has investigated the Use of Sentenced Prisoners on City Projects and the problems are two -fold: (1) The location of the South Gate jail, which is the nearest jail where prisoners could be held for any extended period of time and additional expense in the transportation and supervision requirements; and (2) Prisoners are usually bailed out so that they are not incarcerated for any extended period of time. Mr. Thompson said this program would not prove to be feasible under the City's situation. Councilman Joseph DiLoreto commented he had seen a program work in several Cities, whereby in lieu of serving four or five weekends in the County Jail for an offense, a person would be assigned to a City on a Friday or Saturday, during the daytime only, to work eight or nine hours, then go home, and report back the -next day, and no incarcera- tion or transportation would be involved. He said if the person did not show up, it would be reported to the Court. He mentioned this program has proved effective, people are accepting it, and there is very little supervision involved. Mr. Thompson indicated he would check into the program further. Referring to questions raised earlier in the meeting regarding the National Electrical Code, 1971 Edition, Building Official Ray Lake indicated the section in ques- tion applies specifically to existing installations, and any electric code requires in residential buildings that each room be wired with a certain number of electrical outlets or receptacles and that they be separated a minimum number of feet. He said, therefore, any particular room may have three or more electrical outlets, and anything in these structures that has been inspected over the years and found safe can be left the way it is. However, Mr. Lake mentioned, in any existing residential building where repairs are required due to some deficiency or Fire Department or Building b Safety Department survey, then all zip cords put in where there aren's enough electrical outlets applied have to Council Minutes 1/14/74 -8- be removed and replaced with the required number of outlets according to the table that is specified to provide a minimum of service. Mayor Thomas Morton inquired if a person could put more receptacles on one wall than what was actually required. Mr. Lake replied yes, as Long as the minimum number was placed around the room. Following discussion, Paragraph 2, on Page 4 of the Ordinance was amended by inserting the words "minimum required" after the word "such". 0 City Attorney Royal Sorensen suggested if agreeable, the Council could re -introduce the Ordinance and adopt it at the next meeting. 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 Richard Jennings, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to re -introduce the Ordinance. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton RESOLUTION NO. 2894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING EXPRESS FINDINGS REGARDING MODIFICATION OF THE NATIONAL ELECTRICAL CODE 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. 2894. AYES; 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton Mayor Thomas Morton recessed the meeting to executive session at 9:20 p.m. to discuss a Legal matter with the City Attorney. The meeting resumed at 9:25 p.m. with. all Councilmen present. ORAL COMMUNICATIONS Mayor Thomas Morton spoke regarding his term as Mayor this past year, and he ex- tended his appreciation to the City Manager, Department Heads, and Staff for their help. He remarked on the accomplishments of this past year and indicated it was a thrill to serve as Downey's Mayor during its Centennial year. Mayor Morton said Downey is pre- dominately a residential City, and it is hoped that the thrust of the City Council, the City Council in the future, and future City Councils will be in the direction of maintaining the quality level of the residential areas, the protection of the homeowner, the protection of a man°s investment in his home, the upholding of the family status, and maintaining the moral fibre of this City so that Downey continues to be a City and it can be proud of its achievement and at the same time provide a climate in which people can raise a family and know the City Council is not only concerned about govern- ment and expenditures, but at the same time is concerned about the residential areas and the protection of those areas from encroachment by commercial businesses, by overbearing apartments, making sure the alcohol problem is kept away from residential areas, and to maintain the strength of the moral fibre for this community. Mayor Morton expressed his appreciation to members of the Press for giving the Council excellent coverage during the past year. He noted much of the reporting was on the thoughtful and constructive side and assisted in providing citizens with a measure of knowledge and understanding of City problems. Council Minutes 1/14/74 -9- To the citizens who attend Council meetings regularly, Mayor Morton extended his appreciation and thanked them for taking the time to attend the meetings and watch government in action. Mayor Morton commented on his hopes for the City of Downey in the future. He stated each Councilman can take pride in the fact that the Council worked together to get some things done. Mayor Morton indicated he hopes this coming year the Council will continue to set the same type of constructive pace that has been set by each of the preceding Councils, and this Council, the foundation it lays, will be the foundation upon which future Councils will grow. Mayor Morton announced his resignation and vacation of the position of Mayor of the City of Downey. Councilman Donald Winton made in the form of a nomination a motion to elect Mayor Pro Tem. Richard M. Jennings as Mayor of the City of Downey for the term of next year. City Clerk Robert Shand assumed the roll as Chairman of the City Council meeting and declared the office of Mayor open. He inquired if there were any further nominations, and there was no response. It was moved by Councilman Walter Temple and seconded by Councilman Joseph DiLoreto to close the nominations for Mayor. Roll call vote: AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton ABSTAIN: I Councilmen:- Jennings Councilman Morton presented the gavel of office to Mayor Jennings. Mayor Richard Jennings asked Mrs. Morton to come forward. He said Councilman Morton is leaving a legacy with this Council and future Councils of the City of Downey, and he is sure this legacy will become history. He said Councilman Morton has had the ability to pierce the camouflage of municipal government and get to the real problem without hesitation; he has taught the Council decorum and correct procedure for which this Council offers its thanks. Mayor Jennings presented a plaque to Councilman Morton, commending him for serving this past year as Mayor, and to Mrs. Morton he presented a bouquet of roses and thanked her for the efforts she has expended on behalf of her husband. Mayor Jennings declared the office of Mayor Pro Tempore open. Councilman Walter Temple nominated Councilman Joseph E. DiLoreto for the office of Mayor Pro Tempore of the City of Downey. Councilman Donald Winton seconded the nomination. The City Clerk inquired if there were any further nominations, and there was no response. It was moved by Councilman Donald Winton and seconded by Councilman Walter Temple to close the nominations. Roll call vote: AYES: 4 Councilmen: Temple, Winton, Morton, Jennings ABSTAIN: 1 Councilmen: DiLoreto Mr. Joseph Ferris, former Mayor and Councilman, 10331 Pangborn Street, Downey. extended his regards to the City Council, City Manager, Department Heads, City Clerk, City Attorney, and their Staffs. He congratulated Mayor Jennings and his wife, Mildred, on his ascendency to the position of Mayor of the City of Downey, and he offered his support. To Councilman Morton, Mc. Ferris said he knows he speaks for a great many people in the City and outside the City in paying tribute and expressing appreciation to a man and a family that has given many years of dedicated service to the community. Mr. Wendell Wiser, 7816 Seventh Street, Downey, wished Mayor Jennings and Councilman Morton the best of luck. He voiced opposition to the Councilmen serving without pay and said he would Like to see something done about it. Councilman Joseph DiLoreto noted that Councilman Morton has been a very erudite and articulate statesman and spokesman for the City of Downey, and he has executed the Council Minutes 1/14/74 -10- duties of his office with the highest punctilio of honor. He said the repository of trust that is enshrined in the Mayorship of the City of Downey is now intact and pre- served and transferred to Mayor Jennings. Councilman Walter.Temple thanked Councilman Morton for the opportunity to have worked with him when he served as Mayor. He said he not only enjoyed it very much but learned a lot from the experience, and he thanked Councilman Morton for that opportunity, Councilman Temple wished Mayor Jennings the best of luck in the coming year and offered his help. Councilman Donald Winton said being a former Mayor he can appreciate the job Councilman Morton has done as Mayor. He commented on his first year as a Councilman when Councilman Morton was Mayor and expressed his appreciation and dedication to him. Councilman Winton offered his help and experience as Mayor to Mayor Jennings and congratulated him on his new assignment as Mayor of the City of Downey, Mayor Richard Jennings introduced his wife, Mildred. He mentioned when elected to the City Council he followed Scott Temple, who served three terms as Councilman and four terms as Mayor, and now he is following Councilman Morton who has served three terms as Councilman and three terms as Mayor. He said he is not getting any easy assignment. Mayor Jennings stated it has been a privilege to serve on the City Council on behalf of the citizens of the community, and he is looking forward to serving in an even greater capacity as Mayor. He noted he has only three objectives to achieve during the coming 12 months, and they are to continue the tradition of pay-as-you-go, home rule, and teamwork. Mayor Jennings said he is also equally confident that the same teamwork which binds Councilman to Councilman, City Council to management, and City government to citizens will prevail this year and in the future years to come. There being no further business to come before the City Council, the meeting was adjourned at 9:48 p.m. Robert L. Shand, City Clerk -Treasurer Council Minutes 1/14/74 -11-