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19701006 Regular City Council Meeting - Minutes I I MINUTES OF A REGUlAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD OCTOBER 6, 1970 AT TWO O'CLOCK P.M. IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFOR.NIA. COUNCIL PRESENT: Anderson, Furlong, Mailliard, Malburg, Ybarra COUNCIL ABSENT: None The meeting t"as called to order by Mayor R. J. Furlong. It was moved by Mailliard, seconded by Ybarra, that minutes of the meeting of September 15, 1970 be approved as written and submitted. Motion carried. The Clerk announced that this was the time and place for opening bids received for Improvement of 49t~ and 52nd Streets between Santa Fe Avenue and Alameda Street, in accordance with Contract No. 351. It was moved by Malburg, seconded by Anderson, that the Clerk be instructed to open and read the bids submitted. Motion carried. The Clerk opened and read the following bids: Charles T. Brown Company M. P. Mitrovich Griffith Company Sully-Miller Contracting Co. Strecker Construction Co. Vernon Paving Co. $ 314,427.50 237,598.30 267,062.25 222,818.70 262,997.60 239,181.30 It was moved by Malburg, seconded by Ybarra, that bids received for Improvement of 49th and 52nd Streets between Santa Fe Avenue and Alameda Street, in accordance with Contract No. 351, be referred to the Director of Public Works and the City Attorney for checking and report. Motion carried. It was moved by Ybarra, seconded by Anderson, that Ordinance No. 816 receive a second reading by title. Motion carried. Ordinance No. 816 - An Ordinance of the City of Vernon, fixing certain rates to be charged for electrical energy distributed and supplied by said City of Vernon, within its boundaries, was read for a second reading by title. It was moved by Anderson, seconded by Ybarra, that Ordinance No. 816 receive and pass a second reading. Motion carried. Ayes: Anderson, Furlong, Mailliard, Malburg, Ybarra Noes: None Absent: None It was moved by Malburg, seconded by Ybarra, that in accordance with Government Code Section 36934, the reading of Ordinance No. 816 in full be waived; and that Ordinance No. 816 receive a third and final reading by title. Motion unanimously carried. Ayes: Anderson, Furlong, Mailliard, Malburg. Ybarra Noes: None Absent: None I I -2- 10 6 70 Ordinance No. 816 - An Ordinance of the City of Vernon, fixing certain rates to be charged for electrical energy distributed and supplied by said City of Vernon, within its boundaries, was read for a third and final reading. It was moved by Anderson, seconded by Ybarra, that Ordinance No. 816 receive and pass a third reading and be adopted. Motion carried. Ayes: Anderson, Furlong, Mai11iard, Malburg, Ybarra Noe s : None Absent: None Communication from Charles H. McGovern, City Attorney, dated September 24, 1970, with reference to retention of special counsel on labor matters, transmitting a copy of a letter from Mr. Harry J. Keaton of Rutan & Tucker, Attorneys at Law, dated September 23, 1970; and recommending that Mr. Keaton and his firm be retained under the conditions set forth in paragraphs 1 and 2 of his letter dated September 23, 1970, retroactive to September 24, 1970, was presented. (Copy to each member of the City Council) It was moved by Anderson, seconded by Malburg, that the recommendation of the City Attorney be approved as outlined in his communication dated September 24, 1970. Motion carried. Summons in Case Number 985541 filed by Vernon Firemen's Association, an employee organization; Dean White, and Van M. Barr, vs. L. C. Husted, Fire Chief, City of Vernon; City of Vernon, State of California; and Does I through X, inclusive, in the Superior Court of the State of California for the County of Los Angeles, complaint for preliminary injunction, permanent injunction, and damages, was presented. (Copy to each member of the City Council) It was moved by Malburg, seconded by Mai1liard, that Summons in Case Number 985541 filed by Vernon Firemen's Association, an employee organization; Dean White and Van M. Barr, vs. L. C. Husted, Fire Chief, City of Vernon; City of Vernon, State of California; and Does I through X, inclusive, in the Superior Court of the State of California for the County of Los Angeles, be referred to the City Attorney and Special Counsel for necessary action. Motion carried. Communication from Mr. C. Davis Serena of Cadoo, Tretheway, McGinn & Morgan, Attorneys at Law, dated September 24, 1970, demanding on behalf of Fireman Lester M. Husted that the City of Vernon pay over to h~ the equivalent of one half year's salary for his rate and time and grade or in the alternative reinstate him to the payroll of the City of Vernon up to and through October 30, 1970. was presented. (Copy to each member of the City Council) It was moved by Anderson, seconded by Ybarra, that the demand filed on behalf of Fireman Lester M. Husted by Mr. C. David Serena of Cadoo, Tretheway, McGinn & Morgan, Attorneys at Law, dated September 24, 1970, be referred to the City Attorney. Motion carr ied. At this time, the City Attorney made an oral recommendation that the demand on behalf of Fireman Lester M. Husted, dated September 24, 1970, be denied. I I -3- 10 6 70 It was moved by Malburg, seconded by Ybarra, that the ,. demand filed on behalf of Fireman Lester M. Husted by Mr. C. David Serena of Cadoo, Tretheway, McGinn & Morgan, Attorneys at Law, dated September 24, 1970, be denied. Motion carried. Communication from Mand Carpet Mills, dated September 14, 1970, requesting renewal of the permission granted for the temporary use of a trailer by California Weavers as temporary office facility at 2310 E. 52nd Street until their remodeling program for the building at 5201 Santa Fe Avenue is completed, was presented. Communication from V. R. Bush, Superintendent of Building, dated September 21, 1970, advising that the Building, Fire and Health Departments recommend approval of a one-year extension for California Weavers, Inc. (Mand Carpet Mills) to use an office trailer subject to the usual conditions, was presented. Mayor Furlong disclosed that he is one of the owners of the property at 2310 E. 52nd Street. It was moved by Anderson, seconded by Ybarra, that California Weavers, Inc. be authorized to use a trailer for office facilities on a temporary basis for an additional period of one year, maximum time limit shall be October 1, 1971, subject to all other conditions established by the City Council at its meeting held October 7, 1969. Motion carried. Communication from California Protein Products Co., dated September 16, 1970, requesting permission to use two small buildings, one to store spare small machinery parts and the other as an office facility, at 3300 Bandini Boulevard until such time as they would require more space, was presented. (Copy to each member of the City Council) It was moved by Malburg, seconded by Ybarra, that California Protein Products Company be authorized to use two small buildings on the property at 3300 Bandini Boulevard, provided that said buildings are used only for the purposes as outlined in their letter dated September 16, 1970; provided that said buildings are not used for sleeping and/or cooking purposes; provided that the requirements of all City departments are complied with and that all necessary City permits are obtained; and with a stipulation that the maximum time limit said buildings may be used shall be October 1, 1971. Motion carried. Copy of Resolution No. 3055 of the City Council of South Gate expressing appreciation to the cities of Bell, Compton, Downey, Huntington Park, Lynwood, Santa Fe Springs, Vernon, Montebe1lo, La Habra, and Whittier for reaffirming their intention to honor their Mutual Aid Agreements with South Gate by rendering assistance when needed, was presented. It was moved by Anderson, seconded by Ybarra, that copy of Resolution No. 3055 of the City Council of South Gate be received and filed. Motion carried. Communication from Martin I. Jackson, Attorney at Law, dated September 21, 1970, transmitting a sample "Share the Burden" welfare resolution, and requesting that the City Council adopt a similar resolution, was presented. (Copy to each member of the City Council) I I -4- 10 6 70 It was moved by Mai11iard, seconded by Malburg, that cOITmunication from Martin I. Jackson, Attorney at Law, dated September 21, 1970, together with transmittal, be received and filed. Motion carried. Notice fram the Local Agency Formation Commission, dated September 25, 1970, that hearing has been set for October 29, 1970 on application to annex all of the City of Huntington Park to the Consolidated Fire Protection District of Los Angeles County (Annexation No. 23-70), was presented. It was moved by Anderson, seconded by Ybarra, that Notice from the Local Agency Formation Commission, dated September 25, 1970, be received and filed. Motion carried. Communication from Fred L. Morgan, dated September 16, 1970, requesting that he be reimbursed the sum of $42.50 from the Education and Training Budget appropriation for an American Public Works Association's In-Service training course for public works construc- tion inspectors at California State College from September 18 to December 11, 1970, together with recommendation for approval by the Director of Public Works, was presented. It was moved by Malburg, seconded by Anderson, that the recommendation of the Director of Public Works, dated September 16, 1970, be approved and authority granted to issue warrant in the amount of $42.50 to Fred L. Morgan. Motion carried. Communication from G1enwood Ashby, dated September 21, 1970, requesting that he be reimbursed the sum of. $42.50 from the Education and Training Budget appropriation for an American Public Works Association's In-Service training course for public works construction inspectors at California State College from September 18 to December 11, 1970, together with recommendation for approval by the City Engineer, was presented. It was moved by Malburg, seconded by Anderson, that the recommendation of the City Engineer, dated September 21, 1970, be approved and authority granted to issue warrant in the amount of $42.50 to G1enwood Ashby. Motion carried. Communication from the Finance Committee, dated September 21, 1970, recommending that the first paragraph of Sub-Section A of Section V of the Water Department Rules and Regulations be amended as outlined, was presented. (Copy to each member of the City Council) It was moved by Ybarra, seconded by Mai11iard, that the first paragraph of Sub-Section A of Section V of the Water Department Rules and Regulations be amended as recommended in communication from the Finance Committee, dated September 21, 1970. Motion carried. Communication from A. E. Nelson, Jr., City Engineer, dated September 23, 1970, transmitting Contract No. 355 for Water Main Lining - Phase IV; and recommending that the contract be approved and that authority be granted to advertise for bids, was presented. I I -5- 10 6 70 Resolution No. 4013 - A Resolution of the City Council of the City of Vernon, approving Contract No. 355 for T,.vater Main Lining- Phase IV, and giving notice inviting sealed proposals or bids in accordance with Contract No. 355 of the City of Vernon, was presented. It was moved by Mailliard, seconded by Anderson, that Resolution No. 4013 be approved and adopted. Motion carried. Ayes: Anderson, Furlong, Mailliard, Malburg, Ybarra Noe s : None Absent: None Communication from A. E. Nelson, Jr., City Engineer, dated September 25, 1970, recommending that the City request the Board of Supervisors through the County Road Commissioner to have the City included in ,the traffic corridor study program that is being conducted by the Los Angeles County Road Department, was presented. It was moved by Mailliard, seconded by Ybarra, that the recommendation of the City Engineer, dated September 25, 1970, be approved. Motion carried. Communication from A. E. Nelson, Jr., City Engineer, dated September 24, 1970, requesting authority to purchase three new storage units for tracings at an approximate cost of $1,400.00, was presented. It was moved by Anderson, seconded by Malburg, that the request of the City Engineer, dated September 24, 1970, be approved. Motion carried. Communication from A. E. Nelson, Jr., City Engineer, dated September 30, 1970, requesting authority to replace eleven 6000 lumen and eighty-four 10,000 lumen incandescent street lighting fixtures with ninety-fille 20,000 lumen mercury vapor fixtures on various streets throughout the City, was presented. (Copy to each member of the City Council) It was moved by Mail1iard, seconded by Ybarra, that the request of the City Engineer, dated September 30, 1970, be approved. Motion carried. Communication from L. C. Husted, Fire Chief, dated September 29, 1970, advising that Fireman Sheldon Bromberg has submitted a letter of resignation to be effective at the close of the business day September 30, 1970; and recommending that his resignation be accepted, was presented. It was moved by Anderson, seconded by Mailliard, that the resignation of Fireman Sheldon Bromberg be accepted effective at the close of the business day September 30, 1970. Motion carried. Communication from fifty-two (52) employees of. the City of Vernon, dated September 28, 1970, expressing appreciation and gratitude to the City Council for the consideration and generosity extended to them through the many years in the area of compensa.t:ion, benefits and working conditions, was presented. (Copy to each member of the City Council) It was moved by Mailliard, seconded by Ybarra, that communication from fifty-two (52) employees of the City of Vernon, dated September 28, 1970, be received and filed. Motion carried I I -6- 10 6 70 Communication from C. E. Nemethi, M.D., Health Officer, dated October 1, 1970, requesting authority for Louis Hauger to attend a meeting of the Technical Committee and Reviewers, Committee V, Environmental Health (Occupational Health and Safety), State Health Department, at Berkeley on October 9, 1970, with an expense allowance of $47.90, was presented. It was moved by Mailliard, seconded by Anderson, that the request of the Health Officer, dated October 1, 1970, be approved and authority granted to issue warrant in the amount of $47.90 to Louis Hauger. Motion carried. Communication from R. H. Bockhacker, Police Chief, dated September 15, 1970, requesting that Officer C. W. Frank be re~bursed the sum of $26.05 from the Education and Training Budget appropri- ation for Police Science courses at Cerritos College, was presented. It was moved by Mailliard, seconded by Malburg, that the request of the Police Chief, dated September 15, 1970, be approved and authority granted to issue warrant in the amount of $26.05 to C. W. Frank. Motion carried. Communication from R. H. Bockhacker, Police Chief, dated September 23, 1970, recommending that Officer D. R. Haehn be re~bursed the sum of $91.67 from the Education and Training Budget appropriation for Police Science courses at Mt. San Antonio College, was presented. It was moved by Mai1liard, seconded by Ybarra, that the recommendation of the Police Chief, dated September 23, 1970, be approved and authority granted to issue warrant in the amount of $91.67 to D. R. Haehn. Motion carried. Communication from R. H. Bockhacker, Police Chief, dated September 21, 1970, requesting authority for Sgt. Frank E. Sweeney to attend the Annual Narcotics Training Seminar & Conference of the California Narcotics Officers Association at Palm Springs from October 28 to October 30, 1970, with an expense allowance of $140.00, was presented. It was moved by Anderson, seconded by Ybarra, that the request of the Police Chief, dated September 21, 1970, be approved and authority granted to issue warrant in the amount of $140.00 to Frank E. Sweeney. Motion carried. Activity Log of the Police Department for the period September 15 to September 30, 1970 inclusive, was presented. It was moved by Malburg, seconded by Mail1iard, that Activity Log of the Police Department be received and filed. Motion carried. Communication from C. E. Nemethi, M.D., Health Officer, dated October 1, 1970, requesting authority for Louis Hauger to attend the Executive Committee Meeting, California Conference Directors of Environmental Health, at Fresno, California on October 15 & 16, 1970, with an expense allowance of $132.38, was presented. I I -7- 10 6 70 It was moved by Mai11iard, seconded by Anderson, that the request of the Health Officer, dated October 1, 1970, be approved and authority granted to issue warrant in the amount of $132.38 to Louis Hauger. Motion carried. Communication from R. H. Bockhacker, Police Chief, dated October 1, 1970, requesting authority for Lt. J. L. Morrison to attend the Law Enforcement Intelligence Conference at San Francisco from October 7 to 9, 1970, inclusive, with an expense allowance of $188.12, was presented. It was moved by Malburg, seconded by Mai11iard, that the request of the Police Chief, dated October 1, 1970, be approved and authority granted to issue warrant in the amount of $188.12 to J. L. Morrison. Motion carried. Communication was presented from R. H. Bockhacker, Police Chief, dated October 1, 1970, requesting that the following officers be reimbursed the amounts as listed from the Education and Training Budget appropriation: G. G. Skalsky F. E. Sweeney $ 32.58 12.50 It was moved by Ybarra, seconded by Anderson, that the request of the Police Chief, dated October 1, 1970, be approved and authority granted to issue warrants in the amounts as listed to G. G. Skalsky and F. E. Sweeney. Motion carried. Communication from Haskins & Sells, Certified Public Accountants, dated October 1, 1970, transmitting financial state- ments and supplemental schedules of the City of Vernon for the year ended June 30, 1970 and their opinion dated August 21, 1970, was presented. (Copy of report to each member of the City Council) It was moved by Ybarra, seconded by Mai11iard, that communication from Haskins & Sells, Certified Public Accountants, dated October 1, 1970, together with transmittal~ be received for study. Motion carried. Communication from R. H. Bockhacker, Police Chief, dated October 6, 1970, advising that he has suspended Officer Lindsey for four days without pay and has suspended Officer Haehn for eight days without pay for violation of the Police Department's Manual of Policy and Ethics, to be effective on the days as outlined, was presented. It was moved by Malburg, seconded by Ybarra, that the action taken by the Police Chief be approved. Motion carried. Ordinance No. 817 - An Ordinance of the City of Vernon regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equip- ment, use, height, area, and maintenance of buildings or structures in the City of Vernon, State of California, and providing for the issuance of permits and collection of fees therefor; declaring and establishing fire districts; providing penalties for the violation thereof and adopting, in part, the Uniform Building Code, 1970 Edition, promulgated by the International Conference of Building Officials, and repealing all ordinances and parts of ordinances in conflict therewith, was read by title for a first reading. I I -8- 10 6 70 It was moved by Anderson, seconded by Ybarra, that Ordinance No. 817 receive and pass a first reading. Motion carried. Ayes: Anderson, Furlong, Mai11iard, Malburg, Ybarra Noes: None Absent: None Ordinance No. 818 - An Ordinance of the City of Vernon regulating the design, construction, installation, quality of materials, location, operation, and maintenance of heating, venti- lating, comfort cooling, refrigeration systems, incinerators, and miscellaneous heat-producing appliances, on premises within the City of Vernon, and adopting by reference the Uniform Building Code, Volume II, Uniform Mechanical Code, 1970 Edition, was read by title for a first reading. It was moved by Mai11iard, seconded by Malburg, that Ordinance No. 818 receive and pass a first reading. Motion carried. Ayes: Anderson, Furlong, Mai11iard, Malburg, Ybarra Noe s : None Absent: None Ordinance No. 820 - An Ordinance of the City of Vernon regulating the installation, arrangement, alteration, repair, use and operation of plumbing and drainage systems o.n p~ises within the City of Vernon, and adopting the Uniform Plumhirl~Code, 1970 Edition, by reference, was read by title for a first reading. It was moved by Anderson, seconded by Ybarra, that Ordinance No. 820 receive and pass a first reading. Motion carried. Ayes: Anderson, Furlong, Mai11iard, Malburg, Ybarra Noe s : None Absent: None Ordinance No. 821 - An Ordinance of the City of Vernon amending Ordinance 791, and adopting by reference the National Electrical Code, 1968 Edition, as approved by the United States of America Standard Institute, was read by title for a first reading. It was moved by Ybarra, seconded by Malburg, that Ordinance No. 821 receive and pass a first reading. Motion carried. Ayes: Anderson, Furlong, Mailliard, Malburg, Ybarra Noes: None Absent: None Resolution No. 4014 - A Resolution of the City Council of the City of Vernon, determining a newspaper of general circulation, authorizing a publication of notice of public hearing in the same, and scheduling a public hearing for the adoption of Ordinances Nos. 817, 818, 820, and 821, was presented. It was moved by Anderson, seconded by Ybarra, that Resolution No. 4014 be approved and adopted. Motion carried. Ayes: Anderson, Furlong, Mai11iard, Malburg, Ybarra Noes: None Absent: None Ordinance No. 819 - An Ordinance of the City of Vernon regulating the location, use, occupancy, and maintenance of commercial coaches located within the City of Vernon, for a temporary period of one year, was read by title for a first reading. I I -9- 10 6 70 It was moved by Mai11iard, seconded by Ybarra, that Ordinance No. 819 receive and pass a first reading. Motion carried. Ayes: Anderson, Furlong, Mai11iard, Malburg, Ybarra Noes: None Absent: None ''Warrant Register No. 318" covering claims and demands presented during the period September 16 to 30, which includes Demands Nos. 70-2362 to 70-2491 (both inclusive) drawn on the United California Bank, totaling $411,267.02 (Light and Power Warrants $176,336.62) (Accounting Period October, 1970), was examined and audited. It was moved by Mai11iard, seconded by Ybarra, that ''Warrant Register No. 318" be approved and payment authorized for Demands Nos. 70-2362 to 70-2491 (both inclusive), with no exceptions. Motion carried. Ayes: Anderson, Furlong, Mai11iard, Malburg, Ybarra Noes: None Absent: None There being no further business to come before the meeting, it was moved by Ybarra, seconded by Malburg, that the meeting adjourn. Motion carried. ~~-7 Attest: Ma ~ F. A. Ziemer, City C1erk- Director of Finance 38