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19711116 Regular City Council Meeting - Minutes I I MINUTES OF A REGUIAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD NOVEMBER 16, 1971 AT TWO O'CLOCK P . M. IN THE COUNC IL CHAf-mER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE 9 VERNON. CALIFORNIA. COUNCIL PRESENT: Anderson, Furlong, Malburg, Ybarra COUNCIL ABSENT: Mailliard The meeting was called to order by Mayor R. J. Furlong. It was moved by Anderson, seconded by Ybarra, that minutes of the meeting of November 2, 1971 be approved as written and submitted. Motion carried. It was moved by Malburg, seconded by Anderson, that Ordinance No. 831 receive a second reading by title. Motion carried. Ordinance No. 831 - An Ordinance of the City of Vernon adopting Section 16.18-2 of Chapter 16 of the Code of the City of Vernon, California, 1959, was read for a second reading by title. It was moved by Ybarra, seconded by Anderson, that Ordinance No. 831 receive and pass a second reading. Motion carried. Ayes: Anderson, Furlong, Malburg, Ybarra Noe s : None Absent: Mai11iard It was moved by Malburg, seconded by Anderson, that in accordance with Government Code Section 36934, the reading of Ordinance No. 831 in full be waived; and that Ordinance No. 831 receive a third and final reading by title. Motion unanimously carried. Ayes: Anderson, Furlong, Malburg, Ybarra Noe s : None Absent: Mai11iard Ordinance No. 831 - An Or~inance of the City of Vernon adopting Section 16.18-2 of Chapter 16 of the Code of the City of Vernon, California, 1959, was read by title for a third and final reading. It was moved by Anderson, seconded by Ybarra, that Ordinance No. 831 receive and pass a third reading and be adopted. Hation carried. Ayes: Anderson, Furlong, Malburg, Ybarra Noe s : None Absent: Mailliard Communication from F. A. Ziemer, City Clerk-Director of Finance, dated November 5, 1971, requesting authority to reclassify Lois Zaltosky from Deputy City Clerk-Payroll, Grade 2, to Deputy City Clerk-Accountant, Grade 4, effective December 1, 1971; and requesting authority to employ Sheila H. McKenna as Deputy City Clerk-Payroll, Grade 4, effective as soon as she is available for employment, was presented. It was moved by Ybarra, seconded by Anderson, that the requests of the City Clerk-Director of Finance, dated November 5, 1971, be approved. Motion carried. I I -2- 11 16 71 Communication from the State of California, Department of Public Health, dated October 29, 1971, transmitting four copies of Contract No. 284 relating to the Radiation Control Program for the fiscal year July 1, 1971 through June 30, 1972, was presented. It was moved by Malburg, seconded by Ybarra, that the Mayor and the City Clerk be authorized to execute Contract No. 284 with the State of California, Department of Public Health, relating to the Radiation Control progrma for the fiscal year July 1, 1971 through June 30, 1972. Motion carried. Communication from Henry S. Grossman Company, dated November 2, 1971, with reference to water billing dated October 21, 1971, requesting the City Council to consider an equitable settle- ment, was presented. (Copy to each member of the City Council) It was moved by Malburg, seconded by Ybarra, that the water bill dated October 21, 1971, addressed to Henry S. Grossman Company, be settled for the sum of $50.00. Motion carried. Communication from Paul P. Hendricks, Consulting Electrical Engineer, dated November 3, 1971, transmitting a License Agreement between the City of Vernon and The Atchison, Topeka and Santa Fe Railway Company covering electric supply line crossing the Harbor District Main track; and recommending that the License Agreement be executed by the City of Vernon and that one-time license fee of $150.00 be paid by Vernon, was presented. It was moved by Anderson, seconded by Ybarra, that the Mayor and the City Clerk be authorized to execute License Agreement between the City of Vernon and The Atchison, Topeka and Santa Fe Railway Company covering electric supply line crossing the Harbor District Main track (Print LT-3-3393); and that authority be granted to issue warrant in the amount of $150.00 to The Atchison, Topeka and Santa Fe Railway Company as a one-time license fee. Motion carried. Communication was presented from R. H. Bockhacker, Police Chief, dated November 1, 1971, recommending that the "Lease of Personal Property" agreements between the City of Vernon and the following personnel be renewed effective as of November 1, 1971: E. G. Smith B. M. Waller R. D. Tisdale Harley-Davidson Moto Guzzi Harley-Davidson FLH1l195 15190 lA14209HO It was moved by Anderson, seconded by Malburg, that the recommendation of the Police Chief, dated November 1, 1971, be approved; and that the Mayor and the City Clerk be authorized to execute new lease agreements with E. G. Smith, B. M. Waller and R. D. Tisdale, effective November 1, 1971. Motion carried. Communication from Anchor Hocking Glass Corporation, dated October 19, 1971, requesting that the street lights on District Boulevard adjacent to their plant be upgraded, was presented. (Copy to @ach member of the City Council) I ~I -3- 11 16 71 Communication from R. H. King, Director of Public Works, dated November 9, 1971, with reference to request of Anchor Hocking Glass Corporation for additional street lighting on District Boulevard adjacent to their property, recommending that the request for special lighting be denied and that an overall lighting improve- ment on District Boulevard between Atlantic and Alamo be favorably considered by the Finance Committee and the City Council for inclusion in the 1972-73 fiscal budget, was presented. (Copy to each member of the City Council) It was moved by Malburg, seconded by Anderson, that the request of Anchor Hocking Glass Corporation for special street lighting on District Boulevard adjacent to their property be denied; that it be recommended to Anchor Hocking Glass Corporation that they contact the Vernon office of the Southern California Edison Company'relative to obtaining outdoor area lighting service to improve security at their plant; and that an overall lighting improve- ment on District Boulevard between Atlantic and Alamo be considered by the Finance Committee during the 1972..73 budget sessions. Motion carried. Communication from V. R. Bush, Superintendent of Building, dated November 8, 1971, requesting authority to advance F. A. Tachovsky from Senior Electrical Inspector, Grade 4 to Grade 3, effective December 1, 1971, was presented. It was moved by Malburg, seconded by Ybarra, that F. A. Tachovsky be advanced from Senior Electrical Inspector, Grade 4 to Grade 3, effective December 1, 1971; and that the minutes show this is a merit raise given in accordance with prior practice and subject to its effect by virtue of any governmental order. Motion carried. Communication from C. E. Nemethi, M.D., Health Officer, dated November 2, 1971, requesting authority for Louis Hauger, Richard Hilton and Fred Thornburgh to attend a Short Course on Occupational Safety and Health Act at Long Beach, California on November 19, 1971, with an expense allowance of $20.00 each, was presented. It was moved by Anderson, seconded by Ybarra, that the request of the Health Officer, dated November 2, 1971, be approved and authority granted to issue warrant in the amount of $60.00 to the Long Beach Safety Council, Inc. Motion carried. Activity Log of the Police Department for the period November 1 - 15, 1971 inclusive, was presented. It was moved by Malburg, seconded by Ybarra, that Activity Log of the Police Department be received and filed. Motion carried. Communication from R. H. King, Director of Public Works, dated November 9, 1971, with reference to bids received for 44th Street Improvement, Alcoa Avenue to Downey Road, and Heater Planing at various Street Intersections, in accordance with Contract No. 365, recommending that the contract be awarded to Progressive Paving Company on the basis of their bid of $15,668.90. was presented. I I -4- 11 16 71 Resolution No. 4076 - A Resolution of the City Council of the City of Vernon, accepting the bid of Progressive Paving Company for 44th Street Improvement, Alcoa Avenue to Downey Road, and Heater Planing at various Street Intersections, in accordance with Contract No. 365 of the City of Vernon, was presented. It was moved by Malburg, seconded by Anderson, that Resolution No. 4076 be approved and adopted. Motion carried. Ayes: Anderson, Furlong, Malburg, Ybarra Noes: None Absent: Mail1iard Communication from R. H. King, Director of Public Works, dated November 9, 1971, transmitting a proposed Encroachment License Agreement between the City of Vernon and Mobil Oil Corporation covering the construction and operation of one 3", six 811 and one 10" line in 37th Street; and recommending that the Agreement be approved; that the Mayor and the City Clerk be authorized to execute on behalf of the City of Vernon and that the performance bond requirement be waived for the life of the Agreement, was presented. It was moved by Malburg, seconded by Anderson, that the recommendations of the Director of Public Works, dated November 9, 1971, be approved; that the Mayor and the City Clerk be authorized to execute Encroachment License Agreement between the City of Vernon and Mobil Oil Corporation covering construction and operation of eight lines in 37th Street; and that the performance bond require- ment be waived for the life of the Agreement. Motion carried. Communication from R. H. King, Director of Public Works, dated November 10, 1971, with reference to a class action lawsuit on behalf of purchasers of cast iron pipe and fittings, recommending that the Mayor and the City Clerk be authorized to execute Form No.1, Election to be Excluded on behalf of the City, was presented. (Copy to each member of the City Council) It was moved by Malburg, seconded by Ybarra, that the Mayor and the City Clerk be authorized to execute Form No.1, Electi.on to be Excluded from Metropolitan Government of Nashville and Davidson County vs. American Cast Iron Pipe Co., et al., C.A. No. 71-289 pending in the Northern District of Alabama (Southern Division). Motion carried. Report of Health Department Activities for the month of October, 1971, was presented. (Copy to each member of the City Council) It was moved by Anderson, seconded by Ybarra, that Report of Health Department Activities be received and filed. Motion carried. Communication from R. H. Bockhacker, Police Chief, dated November 9, 1971, requesting permission to employ Dennis Joseph Tavernelli as Policeman, Grade 4, effective November 16, 1971, was presented. It was moved by Malburg, seconded by Ybarra, that the request of the Police Chief, dated November 9, 1971, be approved. Hotion carried. I I -5- 11 16 71 "Payroll Warrant Register No. 172" covering claims and demands presented during the period October 1 to October 31, which includes Demands Nos. 1840 to 1848 (both inclusive), drawn on the Crocker Bank, totaling $334,126.18 (Accounting Period October 1971), was examined and audited. It was moved by Anderson, seconded by Ybarra, that "Payroll Tt1arrant Register No. 172" be approved and payment authorized for Demands Nos. 1840 to 1848 (both inclusive), with no exceptions. Motion carried. Ayes: Anderson, Furlong, Malburg, Ybarra Noe s : None Absent: Mailliard "Warrant Register No. 345" covering claims and demands presented during the period November 1 to November 15, which includes Demands Nos. 1-2758 to 1-2889 (both inclusive), drawn on the United California Bank, totaling $1,135,054.52 (Light and Power Warrants $995,899.70) (Accounting Period November 1971), was examined and audited. It was moved by Anderson, seconded by Ybarra, that "Warrant Register No. 345" be approved and payment authorized for Demands Nos. 1-2758 to 1-2889 (both inclusive), with no exceptions. Motion carried. Ayes: Anderson, Furlong, Malburg, Ybarra Noe s : None Absent: Mailliard. Communication from The Atchison, Topeka and Santa Fe Railway Company, dated November 11, 1971, with reference to East- West Truck Terminal vs. Santa Fe, et al., transmitting a copy of Summons and Complaint in connection with Case Number C13470 which was served on The Atchison, Topeka and Santa Fe.Railway Company; and demanding that the City of Vernon undertake the defense of The Atchison, Topeka and Santa Fe Railway Company in this matter and that the City of Vernon indemnify it and save it harmless from any and all judgments, costs, expenses, interest and attorney's fees arising from said work and labor done and said litigation, was presented. (Copy to each member of the City Council) It was moved by Malburg, seconded by Ybarra, that communi- cation from The Atchison, Topeka and Santa Fe Railway Company, with reference to East-West Truck Terminal vs. Santa Fe, et al.,together with copy of Summons and Complaint in connection with Case Number C13470, be referred to the City Attorney and the City's insurance carrier for necessary action. Motion carried. Communication from R. H. Bockhacker, Police Chief, dated November 12, 1971, requesting that R. F. n'Alessandro be reimbursed the sum of $51.55 and J. E. Mason the sum of $29.21 from the Education and Training Budget appropriation for Police Science Courses, was presented. It was moved by Anderson, seconded by Ybarra, that the request of the Police Chief, dated November 12, 1971, be approved; and authority granted to issue warrants in the amount of $51.55 to R. F. n'Alessandro and in the amount of $29.21 to J. E. Mason. Motion carried. I I ..6- 11 16 71 Communication from R. H. King, Director of Public Works, dated November 11, 1971, advising that Vernon Paving Company has completed the Pacific Boulevard Improvement from Santa Fe Avenue to the South City Boundary in accordance with Contract No. 361; and recommending that the work be accepted and that authority be granted to pay the contractor in accordance with the agreement, was presented. Resolution No. 4077 - A Resolution of the City Council of the City of Vernon, accepting the work of Pacific Boulevard Improvement from Santa Fe Avenue to the South City Boundary, pursuant to Contract No. 361 of the City of Vernon, was presented. It was moved by Malburg, seconded by Ybarra, that Resolution No. 4077 be approved and adopted. Motion carried. Ayes: Anderson, Furlong, Malburg, Ybarra Noes: None Absent: Mailliard Communication was presented from R. H. Bockhacker, Police Chief, dated November 12, 1971, requesting that the following personnel be advanced to their next pay grades effective December 1, 1971: R. D. Adams to Policeman, Grade 1 L. W. Brown to Policeman, Grade 1 L. C. Eldridge to Policeman, Grade 3 It was moved by Anderson, seconded by Ybarra, that certain Police Department personnel as outlined in communication from the Police Chief, dated November 12, 1971, be advanced to the grades as indicated, effective December 1, 1971; and that the minutes show that these are merit raises given in accordance with prior practice and subject to their effect by virtue of any governmental order. Notion carried. Communication from County Sanitation Districts of Los Angeles County, dated November 11, 1971, addressed to all Directors of the County Sanitation Districts of Los Angeles County, transmit- ting a copy of Resolution No. 7557 of the City Council of the City of Newport Beach; and requesting that all city councils adopt a similar resolution, was presented. (Copy to each member of the City Council) Resolution No. 4078 - A Resolution of the City Council of the City of Vernon, requesting the State Water Resources Control Board to postpone action on the implementation of stricter require- ments on discharge of municipal and industrial waste waters to the ocean until the conclusion of the Southern California Coastal Water Research Project studies, was presented. It was moved by Anderson, seconded by Ybarra, that Resolution No. 4078 be approved and adopted. Motion carried. Ayes: Anderson, Furlong, Malburg, Ybarra Noes: None Absent: Mailliard I ) -7- 11 16 71 Claim from The Pacific Telephone and Telegraph Company, dated November 10, 1971, in the approximate amount of $170.00, for damage to their 100-pair cable and 4-inch transite duct conduit at the intersection of Soto and 50th Street, was presented. (Copy to each member of the City Council) It was moved by Malburg, seconded by Anderson, that Claim from The Pacific Telephone and Telegraph Company, dated November 10, 1971, in the approximate amount of $170.00, for damage to their lOO-pair cable and 4-inch transite duct conduit at the intersection of Soto and 50th Streets, be denied and referred to the City Attorney and the City's insurance carrier for necessary action. Motion carried. Discussion was held with reference to communication from R. H. Bockhacker, Police Chief, dated August 9, 1971, in which he requested authority to advance R. D. Gott to Policeman, Grade 2, and E. W. Roady to Policeman, Grade 1, effective September 1, 1971. (At its meeting held August 17, 1971, the City Council deferred the request pursuant to the Presidential order freezing wages.) It was moved by Anderson, seconded by Ybarra, that R. D. Gott be advanced to Policeman, Grade 2, and E. W. Roady be advanced to Policeman, Grade 1, effective December 1, 1971; and that the minutes show that these are merit raises given in accordance with prior practice and subject to their effect by virtue of any govern- mental order. Motion carried. Discussion was held with reference to communication from R. M. Eatherly, Fire Chief, dated October 13, 1971, in which he requested authority to advance certain Fire Department personnel as indicated effective November 1, 1971. (At its meeting held October 19, 1971, the City Council deferred the request pursuant to the Presidential order freezing wages.) It was moved by Malburg, seconded by Anderson, that certain Fire Department personnel as outlined in communication from the Fire Chief, dated October 13, 1971, be advanced to the grades as indicated, effective December 1, 1971; and that the minutes show that these are merit raises given in accordance with prior practice and subject to their effect by virtue of any governmental order. Motion carried. At this time, 2:55 o'clock p.m., Mayor Furlong called the City Council into executive session pursuant to Section 54957.6 for the purpose of meeting with Mr. Harry J. Keaton, Municipal Employee Relations Representative, in order to review the City's position relative to the meeting and conferring process between the Vernon Firemen's Association and the Municipal Employee Relations Representative and for the purpose of instructing the City's designated representatives relative to the matters discussed by the Municipal Employee Relations Representative and the Vernon Firemen's Association. All persons, with the exception of the City Attorney, the City Clerk, the Municipal Employee Relations Repre- sentative, the Fire Chief and the Assistant Fire Chief, were excluded from the executive session. Mr. Harry J. Keaton, Municipal Employee Relations Repre- sentative, reviewed the results of various meeting with repre- sentatives of the Vernon Firemen's Association; and presented a settlement proposal submitted by the Law Offices of Kurlander, Solomon & Hart in LASC No. 996128. I J -8- 11 16 71 After discussion, it was moved by Malburg, seconded by Ybarra, that the meeting adjourn. Motion carried. l) //~) .;"/ /--- Maycri: -:/'City Attest: , '\ / \ ,- ..',,...../ ~ F. A. Ziemer, City Clerk- Director of Finance :195