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19491115 Regular City Council Meeting - Minutes MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD NOVEMBER 15, 1949, AT 2 O'CLOCK P.M. IN THE COUNCIL CHA}ffiERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE. VERNON. CALIFORNIA COUNCIlMEN PRESENT: Anderson, Furlong, Mailliard, Trowbridge COUNCILMEN ABSENT : Leonis The meeting was called to order by Mayor R. J. Furlong; It was moved by Trowbridge, seconded by Anderson that the minutes of the previous meeting be approved. Motion carried. Communication from Francis Bates, City Engineer, submitting drawing No. A3-1094 () sheets) Paving Plan and Profile for the improvement of 44th Street from Boyle Avenue to Soto Street, was read. It was moved by Anderson, seconded by Trowbridge that the communication from Francis Bates, City Engineer, be received and filed. Motion carried. Resolution No. 1456, approving City Engineer's Drawing No. ,> A3-l094 (3sheets) Paving Plan and Profile for 44th Street from Boyle Avenue to Soto Street, was read. It was moved by Anderson, seconded by Trowbridge that 1456 be adopted. Motion carried. Ayes: Anderson, Furlong, Mailliard, Trowbridge Noes: None Absent: Leonis Resolution No. Communication from Francis Bates, City Engineer, requesting authority to employ Mr. Francis David Schultz as Field Engineer, effective November 7, 1949 at salary of $325.00 per month to January 1, 1950, then $350.00 per month thereafter, was read. It was moved by Anderson, seconded by Trowbridge that the request of Francis Bates, City Engineer be approved. Motion carried. Communication from Francis Bates, City Engineer, requesting authority to employ Mr. James R. Coughlin as semi-skilled laborer in Street Department at rate of $8.00 per day effective November 16, 1949, was read. It was moved by Trowbridge, seconded by Mailliard that the request of Francis Bates, City Engineer be approved. Motion carried. Communication from Francis Bates, City Engineer, requesting authority to employ Mr. Rober; L. Marble as Chainman at. salary rate of $225.00 per month, effective November 14, 1949, was read. It was moved by Trowbridge, seconded by Mailliard that the request of Francis Bates, City Engineer be approved. Motion carried. Report of Carl A. Heinze, Consulting Engineer on operation of electrical system by the Southern California Edison Company for the month of September, 19~9 was read. It was moved by Anderson, seconded by Trowbridge that the report of the Consulting Engineer be received and filed. Motion carried. Communication from Container Corporation of America, request- ing curb painting at 2001 E. 57th Street, was read. It was moved by Mailliard, seconded by Trowbridge that the communication of the Containers Corporation be filed and the matter referred to the Police Department. Motion carried. 1. 35,1 11/15/49 Communication from General Petroleum Corporation request- ing curb painting on 37th street east of Santa Fe Avenue, was read. It was moved by Mailliard, seconded by Trowbridge that the communication of the General_.P.etro.1.eUIIl.Cbrp. be filed and the matter referred to the Police Department. Motion carried. Communication from Diamond W Supply Company, requesting a permit to conduct a bUilding material business at 2335 E. 48th Street, was read. It was moved by Trowbridge, seconded by Mailliard that the request of the Diamond W Supply Company be referred to the Fire Department for investigation and report. Motion carried. Communication from Ross Carrier Company of California, requesting a permit to conduct and operate an industrial equipment business at 2700 Santa Fe Avenue, was read. It was moved by Trowbridge, seconded by Mailliard that the request of Ross Carrier Company of California be granted. Motion carried. Communication from the Peterson Manufacturing Company, request ing a city license to operate a tallow, jankage, meat and bone scrap business on property in rear of 2626 East 25th Street, was read. It was moved by Trowbridge, seconded by Mailliard thft the request of the Peterson Manufacturing Company be denied. Motion carried. Telegram from Governor Earl Warren advising that he is postponing decision on decontrol Resolutions of cities in the Los Angeles J.letropoli tan area until after November 21, 1949, was read. It was moved by Trowbridge, seconded by Anderson that the telegram from Governor Earl Warren be filed. Motion carried. Communication from Tiny Piper requesting a permit to operate food and soft drink concessions at the Los Angeles Union Stock Yards Live Stock Show from November 23rd to December 1, 1949, was read. It was moved by Trowbridge, seconded by Mailliard that the request of Tiny Piper be granted, subject to the approval of the Los Angeles Union Stock Yards Live Stock Show. Motion carried. The following applications, all having the approval of the City Engineer were read. Application 14858 - Southern California Water Company to repair water main at 2001 E. 25th Street. Approved by City Engineer. Application 14859 - Southern California Water Company to repair water main at 2029 E. 46th Street. Application 14860 - Southern California Gas Company to install gas service at 5710 Santa Fe Avenue. Application 14861 - Southern California Gas Company to install gas service at 2615 Leonis Blvd. Application 14862 - Southern California Gas Company to install one inch gas service lateral to serve 2335 E. 48th Street. Application 14863 - Southern California Edison Company to install 1 pole in S/S 51st Street, 260 ft. W/O Santa Fe Avenue. Application 14864 - W. H. Kinney to construct sidewalk in parking area and install 2 - 4 in. C.l. roof drains under sidewalk and through curb at 2615 Leonis Blvd. ry'-S ~, .;:) 2. 11/15/49 ~" Application 14865 - Central Manufacturing District, Inc. to construct 7 in. A.C. pavement in 44th Street, between Boyle Avenue and Soto Street. Application 14866 - Los Angeles Junction Railway Company to construct spur track across 44th Street under Ordinance No. 620. Application 14867 - Southern California Edison Company to instal~ 1 pole and 2 anchors in east and west side of Soto Street, 475 ft. S/O 37th Street. It was moved by Anderson, seconded by Trowbridge that applications 14858 to 14867 inclusive be filed and permits granted. Motion carried. Resolution No. 1457, granting permission to City Councilman J. B. Leonis to absent himself an additional 90 days from regular meetings of said City Council commencing November 15, 1949 , was read. It was moved by Trowbridge, seconded by Mailliard 1457 be adopted. Motion carried. Ayes: Anderson, Furlong, Mailliard, Trowbridge Noas: None Absent: Leonis Ordinance No. 627, amending License Ordinance No. 598 by adding thereto Section 25.11 Regulating Lawful Games Within the City of Vernon, was read by title for the first reading. that Resolution No. It was moved by Mailliard, seconded by Trowbridge that Ordinance No. 627 be passedffor first reading. Motion carried. Ordinance No. 628, ~ending License Ordinance No. 598 by adding thereto Section 25.12 Regulating Lawful Games of Skill and Science Within the City of Vernon, was read by title for the first reading. It was moved by Mailliard, seconded by Trowbridge that Ordinance No. 628 be passed for first reading. Motion carried. Special Counsel, Edward R. Young, for the City of Vernon, appeared before the City Council and reported on the matter of a demand by the City of Los Angeles for $1,814,952.60 as the City of Vernon's alleged proportionate share of the New Treatment Plant and Submarine Outfall a~ Hyperion. After lenghty discussion ther~ollowing Resolution was adopted. Resolution No. 1~58, A Resolution of the City Council of the City of Vernon replying to a Demand made by The City of Los Angeles for $1,814,952.60, as The City of Vernon's alleged proportionate share of the New Treatment Plant and Submarine Outfall at Hyperion. WHEREAS, tile City of Vernon, on Oc to ber 27, 1949, received a certified copy of a Resolution of the City Council of the City of Los Angeles demanding the amount of $1,814 952.60, as the City of Vernon's alleged proportionate share of the cosi of construction of the new treatment plant and submarine outfall at Hyperion; and WHEREAS, The City of Vernon agrees that the Su:p~rior Court of Los Angeles County rendered a_judgement on January 31 1946 No. 489890, wherein it was adjudged th~t the nuisance created In Santa Monica Bay be abated, that the defendants be permanently enjoined from maintaining said public nuisance, that the City of Los Angeles proceed with the construction of a new treatment plant and submarine outfall as soon as pOSSible, and that as to each defendant electing to sewer through Hyperion it should, within ninety days from the entry of the decree, to-wit, January 31, 1946, file an application with the State Department of Public Health for a permit to so do and complete all arrangements necessary for the financing of its proportionate share of the said new 3. "-"5~ J '0 11/15149 treatment plant according to the gallonage allocated; and WHEREAS, subsequent to the rendition of said judgement and within the time allowed therefor, The City of Vernon appealed said judgement to the Supreme Court of California, which transferred the cause to the District Court of Appeal of the State of California Second Appellate District, for hearing and determination, which court, on February 11, 1949, affirmed the judgement of the Superior Court and there- after denied a petition for rehearing, and that thereafter a Petition for Hearing in the Supreme Court of California was denied by the court; and WHEREAS, rollowing the order of denial of said . petition for hearing, The City of Vernon obtained an Order for Stay of Proceedings from the District Court of Appeal, dated April 131 1948, whereby the execution and enforcement of the judgement in Act on No. 489890 was stayed pending the final determination of a Petition for CertioJrar1 in the Supreme Court of the United States, and that said Petition for Certiorari was not finally determined until the 25th day of October 1948 and the mandate of the Supreme Court was not received by the District ~ourt of Appeal until the 3rd day of November, 1948; and WHEREAS, The City of Vernon thereafter, on Augus't 23, 1949, filed with the State Department of Public Health an application for a permit to discharge sewage through the Los Angeles sewer system, in conformity with the provisions of the judgement relating thereto, which said application was nOD considered by said State Department of Public Health, said Department stating as the reasons therefor that (1) engineering data giving the quantity and character of sewage to be handled, together with plans showing the physical features of the system, were not presented, and (2) that said application showed that the treat- ment and discharge of sewage will be in a sewer system owned and operated by the City of Los Angeles, but that the City of Los Angeles had not joined in the application, nor was there any showing that the City of Los Angeles had consented to such discharge; that the City of Vernon was advised of the foregoing by letter dated September 1, 1949, from the State Department of Public Health, and that thereafter, on October 26, 1949, after consultation between the City Engineer of the City of Vernon and the Senior Sanitary Engine~r of the Bureau of Sanitation of the Department of Public Health of California, said City Engineer forwarded to said Department of Public Health the engineering data required by said Department of Public Health giving the quantity and character of sewage to be handled, together with plans showing the physical features of the Vernon Sewage System and the areas which contribute to the discharge points to the City of Los Angeles Outfalls, and no further action has been taken by said Department of Public Health; and WHEREAS, one of the requirements of the State ~epartment of Public Health was the inclusion in the Application for said permit of the joinder by the City of Los Angeles in said application or the consent of the City of Los Angeles to the granting of said Permit, as set forth in said letter dated September 1, 1949, hereinabove referred to; and WHEREAS, there is no assurance from the City of Los Angeles to The City of Vernon that should the amount of money demanded by the City of Los Angeles be paid by the City of Vernon that the City of Los Angeles would join in or consent to the granting of a permit to the City of Vernon by the State Department of Public Health to dispose of its sewage in the Los Angeles Sewage System, and there is no assurance on the part of the State Department of Public Health that a permit would be granted to The City of Vernon even though the City of Los Angeles consented to the granting of such a permit, the payment of the Demand to the City of Los Angeles without a permit to dispose of sewage in the Los Angeles sewer system from the State Department of Public Health, or the assurance by said Department that said permit would be granted upon obtaining the consent of the City of Los Angeles, would be an unlawful expenditure of public funds by the City of Vernon; and WHEREAS, the City of Vernon has had no previOUS knowl- edge pf the placing in operation of the sterilization plant and sub- marine outfall by the City of Los Angeles, nor has it had any lmowledge whatsoever of the portions of the treatment plant that have been comp- leted, the cost thereof, or the amount of the liability incurred there- ror by the City of Los Angeles for said work; and 4. 357 11/15/49 '" WHEREAS, the City of Vernon denies that since the date of entry of judgement in said Case No. 489890, there have been attempts by the City of Los Angeles to negotiate and work out arrangements with the City of Vernon for the payment by it of its proportionate share of the cost of construction of the new treatment plant and submarine outfall; and WHEREAS, The City of Vernon has at all times since the entry of the aforementioned judgement and for approximately thirty-six (36) years prior to said judgement used the facilities of the Los Angeles Sewer System by virtue of contracts executed by the City of Los Angeles and the City of Vernon dated respectively, March 18, 19091 'June 8, 1925, August 11, 1925, June 29, 1931, and August 10, 193ti; and the City of Los Angeles has used and is now using joint sewers constructed in the City of Vernon by virtue of the contract of March 18, 1909, as amended and modified by the contract of August 10, 1938, and is discharging sewage originating within the City of Los Angeles through sewers located within the City of Vernon in greater quantities than the sewage discharged by the City of Vernon into the Los Angeles Sewer System; and WHEREAS, TIle City of Vernon has contended and still contends that by virtue of said contract of August 10, ,1938, TIle City of Vernon has the right to discharge sewage into the Los Angeles System up to 11.7 cubic feet per second without the payment of anything other than that already paid to Los Angeles by virtue of the terms of 'the said agreements, and further contends that it has the right to discharge up to 16 cubic feet per second of sewage into the Los Angeles system by the payment of a proportionate share of the amounts actually expended by the City of Los Angeles for operation, maint- enanee, repair, replacement, construction and reconstruction of the Los Angeles Outfall S,ewers and Treatment Plant, said proportionate share to be determined by the ratio that the yearly flow in excess of 11.7 cubic feet per second from the City of Vernon bears to the yearly total flow of sewage through the Los Angeles Outfall Sewers and Trea tmen t Plant; and WHEREAS, the judgement of the Superior Court here- inabove referred to contained a provision that each corporate defen- dant which did not adopt some method of disposing of. its sewage other than through Hyperion, should complete all necessary plans for the fina~Cing of its proportionate share of said new treatment plant or works according to the gallonage allotted to said corporation so that said share will be available as required, and that the gall- onage allotted to the City of Vernon was 10,3001000 gallons per day based upon a total capacity of said treatment p ant of 240,000,000 gallons perday and a total cost of $21,000,000.00, and that upon such proportion the cost to The City of Vernon of its alleged proportionate share was $90~,250.00, all as shown by Exhibit 1123ft in Action No. 489890, and that no proceedings have been taken of which the City of Vernon has any knowledge to modify or amend said judgement which now requires the payment by TIle City of Vernon of 'i, $901,250.001 and which gives no legal basis for the demand of or the payment of :jlil,8l4,952.60; and WHEREAS, TIle City of Vernon has not had any notice whatsoever that the share of the costs allotted by said judgement has been or is required, nor does it now appear that said share is required; and \tlliEREAS, TIle City of Los Angeles has purportedly allocated to the City of Vernon a share of 4.22082% of the designed capacity of said new plant and works at Hyperion, which is allocating to TIle City of Vernon a flow of 10,129,968 gallons per day instead of 10,300,000 gallons per day as allotted by said judgement; and WHEREAS, the judgement of the District Court of Appeal in Case No. 489890 stated that the contractual rights of the several defendants in that action have been preserved to those defendants; and 5. '}r-a .,~:) l!~ I 11/15/49 WHEREAS, an action has been filed by the Oi ty of Vernon against the City of Los Angeles in the Superior Court of the State of Califor~, in and for the County of Los Angeles, seeking a determination of its rights in and to the contracts hereinabove referred to, the oitcame of which will materially affect the demands and rights of the respective parties, and that The City of Vernon believes that said court will decree that The City of Vernon has contract rights which permit it to flow 11.7 cubic feet per second of sewage without charge into the sewage system of the City of Los Angeles under and by virtue of the provisions of the contract of August 10, 1938, and that at no time since August 10, 1938, has The City of Vernon discharged more that 9.30 cubic feet per second of sewage into the outfall sewer system of the City of Los Angeles; and WHEREAS, there is an irreconcilable conflict in the terms of the judgement of the Superior Court in Action No. 489890, and the demand made by the City of Los Angeles as contained in its resolution dated October 261_1949, heretofore referred to; NOW, TH.l:!ittEFORE, BE IT RESOLVED: 1. That due to the conflict between the terms of the Demand presented by the City of Los Angeles and the terms of the Judgement in Action No. 489890, and due to the belief and contention of the City of Vernon that by reason of the existing contracts between The City of Vernon and the City of Los Angeles there is no liability to the City of Los Angeles because of sewage discharge into the outfall sewer system unless and until the sewage flow from the City of Vernon exceeds 11.7 cubic feet per second, the validity of which contentions will be determined by thr decision in the pending action, No. ~58l32, between the City of Vernon and the City of Los Angeles, further action on said Demand be deferred until the rendition of final judgement in said Action No. 558132, and that if in said judgement it be determined that the City of Vernon is indebted to the City of Los Angeles, -the necessary proceedings by the City of Vernon to pay whatever is found to be due the City of Los Angeles will then be immediately taken. 2. That the City Clerk deliver a copy of this Resolution by registered mail, return receipt requested, to the City of LosnAngeles. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Vernon onnthe 15th day of November, 1949 It was moved by Mailliard, seconded by Trowbridge 1458 be adopted. Motion carried. Ayes: Anderson, Furlong, Mailliard, Trowbridge Noes: None Absent: Leonis that Resolution No. Report of the Committee on Street Maintenance, Water, Building, Library and Purchasing for November 1, 1949 was received. It was moved by Trowbridge, seconded by Anderson that the report be approved and filed. Motion carried. The Demands on the General Fund in the amount of $37,972.59 and consisting of the following items were read. Payroll Fire Department Police Department City Engineer Street & Water City Clerk City Treasurer City Court Light & Power City Attorney ~uilding Department janitor Health Department 6,202.00 3,338.15 m2,448.7, 3,251.00 181.25 97.50 156.25 393.75 175.00 250.00 rn100.00 ~O.OO 16,6 3.65 6. .r"}'g ,.1!1., _ .]1.. Expenses Police Department H. F. Looney T. E. Alexander R. N. Baker R. H. Bockhacker J. N. Braden A. E. Chrisman R. D. Harrison R. D. Linke G. A. Mendenhall J. M. McMurray T. F. Murray H. Showalter H. E. Smith T. J. Tretheway L. T. Walorny M. R. Williams W. K. Wilson E. Giles E. Giles Industrial Stationery Co. Pacific Telephone Co. Pacific Telephone Co. Fire Department lIfniversal Tech. Products So. Calif. Gas Co. Red Shop Towel Service Mine Safety Appliance Co. Klines Multisuds Ideal Hardware & Supply Ideal Hardware & Supply Gamewell Co. W. P. Fuller & Co. Empire Chemical Co. Chief Paint & Lacquer Co. Broadway Dept. Store F. H. Donnelly Tidewater Assoc. Oil Aluminum Body Corp. Industrial Stationery Co. GMC Truck & Coach Mine Safety Appliance So. Califl Edison Co. Pacific Telephone Co. Care of Prisoners Boulevard Cafe Q.are of Building & Grounds So. Calif. Gas Co. Employees ftetirement System State Empl~ Retire. System State Empl. Retire. System Street Lightin1?: So. Califl Edison Co. City En1?:ineering So. Calif. Stationers Frederick Post Co. Modern Office Appliance Vernon Blue Print Co. Griswold & Winters 7. 11/1?/49 18.33 27.?0 27.50 27.50 27.50 27.?0 27.?0 27.50 27.?0 27.?0 27.?0 27.50 27.?0 27.50 27.50 27.?0 27.?0 37.0' 29.87 4.84 1.00 2.35 14.46 3.29 4.00 236.60 4.60 3.55 6.46 . 4.95 43.47 16.58 22.64 99.?? 4.72 ?3 .95 24.65 6.39 9.03 36.36 7.45 ?OO 9.72 15.05 372.00 2,933.45 ?73.34 14.01 7.21 13.64 23 .54 2.94 ~so Street Department So. Calif. Edison Co. General Petroleum Corp. Consolidated Rock Products Vernon Paving Co. Parkhouse Bros. Consolidated Rock Products Vernon Paving Co. So. Calif. Disenfecting Co. L. A. Brush Manufg. Co. City Clerk Eastside Printers Pacific Telephone Co. Petty Cash Street Maintenance I. Ybarra Auditin~ Haskins & Sells Traffic Si~nals K. C. Mahan Sewers Rodding-Cleaning Co. Rodding-Cleaning Co. Street Li~hts So. Calif. Edison Co. Trus t Refund s Hill Bros. & Co. Light & Power Dept. Eastside Printers Water Department Bandini Fertilizer Col J. E. Bauer Co. Chapman Valve Manufg. Co. City Concrete Brick Co. Consolidated Rock Products Consolidated Rock Products Crook Company Ducommun Metals & Supply Ducommun Metals & Supply Ducommun Metals & Supply Ducommun Metals & Supply Gilmore Steel Co. Koppers Co. Koppers Co. Layne & Bowler Corp. Littlejohn Reuland Co. Mueller Co. National Cylinder Gas National Cylinder Gas Pacific Telephone Co. So. Calif. Edison Co. So. Calif. Edison Co. Southern Pipe & Casing Co. U.S. Electrical Motors Carl Wilson Zenith Supply Co. Total 8. 11/15/49 31.49 9.4-2 21.95 70.73 2.36 19.85 70.73 12.28 10.03 45.32 1.00 35.23 89.89 3,500.00 12.00 191.25 1,867.50 42.65 20.80 3.40 17.30 4-2.03 355.05 14-9.39 65.30 65.30 1.98 47.45 1.14- 2.35 17.51 20.60 27-.04 8.25 60.00 28.02 375.97 3.06 1.80 10.17 3,242.45 2.95 172.05 282.74 50.00 6.18 21,328.94- 37,972.59 3Gt 11/15/49 It was moved by Mai11iard, sedonded by Trowbridge that the demands in the sum of $37,972.59 be a11bwed and warrants drawn for the same. Motion carried. There being no further business to come before the meeting, it was moved by Anderson, seconded by Trowbridge that the meeting adjourn. Motion carried.. 382 9.