19770802 Regular City Council Meeting - Minutes
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MINUTES OF A REGUlAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF VERNON HELD AUGUST 2,
1977, AT TWO O'CLOCK P.M. IN
THE LUNCH ROOM OF THE PUBLIC
WORKS FACILITY LOCATED AT
4305 SANTA FE AVENUE, VERNON,
CALIFORNIA
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COUNCIL PRESENT:
COUNCIL ABSENT:
Kaeser, Malburg, McCormick, Ybarra
Gonzales
Malburg.
The meeting was called to order by Mayor Leonis C.
It was moved by Ybarra, seconded by Kaeser, that
minutes of the meeting of July 19, 1977, be approved as writ-
ten and submitted. Motion carried.
The Clerk announced that this was the time and place
for opening of bids for Traffic Signal Maintenance 1977-80 in
Accordance with Contract No. 411.
It was moved by McCormick, seconded by Ybarra, that
the Clerk be instructed to open and read the bids submitted.
Motion carried.
The Clerk opened and read the following bids:
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Superior Signal Service Corporation
Signal Maintenance, Inc.
$ 9,538.68
8,136.24
It was moved by McCormick, seconded by Ybarra, that
the bids received for Traffic Signal Maintenance in accordance
with Contract No. 411 be referred to the Director of Public
Works/Building and the City Attorney for checking and report.
Motion carried.
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Communication from A. E. Nelson, Jr., Director of
Public Works/Building, dated July 25, 1977, recommending that
authority be granted for Francis W. Sumner to attend the 55th
Annual Business Meeting of the International Conference of
Building Officials to be held in the City of Coronado (San
Diego), California from September 12 to 16, 1977, with an ex-
pense allowance of $450.00, was presented.
It was moved by Kaeser, seconded by Ybarra, that
the recommendation of the Director of Public Works/Building,
dated July 25, 1977, be approved and authority granted to
issue warrant in the sum of $450.00 to Francis W. Sumner.
Motion carried.
Communication from A. E. Nelson, Jr., Director of
Public Works/Building, dated July 26, 1977, recommending that
authority be granted for Fred A. Tachovsky to attend the
Southwestern Section Annual Business Meeting of the Internation-
al Association of Electrical Inspectors to be held in Carson
City, Nevada, from September 18 to 22, 1977, with an expense
allowance of $440.00, was presented.
It was moved by Ybarra, seconded by Kaeser, that the
recommendation of the Director of Public Works/Building, dated
July 26, 1977, be approved, and authority granted to issue war-
rant in the sum of ~440.00 to Fred A. Tachovsky. Motion carried.
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Communication from F. H. Colvin, Fire Chief, dated
July 26, 1977, transmitting requests for pay from Firemen K.
Slifka and D. Wiskus, with a Subpoena requesting their presence
in Court; recommending that the City Council take this under
advisement to provide some means of compensation in situations
arising of persons being subpoenaed as members of the Fire
Department, was presented.
It was moved by McCormick, seconded by Kaeser, that
the recommendation of the Fire Chief, dated July 26, 1977, be
referred to the Finance Committee for study and report. MOtion
carried.
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Communication from Gerald Gees of Gee Gee Liquor
Store, dated July 21, 1977, requesting to be granted a Permit
to have a pool table on the premises of a new beer bar he is
planning to open at 4505 South Downey Road, was presented.
It was moved by Ybarra, seconded by Kaeser, that the
request of Gerald Gees of Gee Gee Liquor Store, dated July 21,
1977, be approved. Motion carried.
Communication from the City of Carson, dated July 20,
1977, advising that the City Council of the City of Carson has
adopted a position of opposition to the proposed South Bay
Peninsula Counties formation, was presented. (Copy to each mem-
ber of the City Council)
It was moved by Kaeser, seconded by Ybarra, that com-
munication from the City of Carson, dated July 20, 1977, be
received and filed. MOtion carried.
Communication from F. H. Colvin, Fire Chief, dated
July 27, 1977, recommending that the City of Vernon enter into
an interim agreement with the Los Angeles County Fire Depart-
ment to provide paramedic services, was presented. (Copy to
each member of the City Council)
It was moved by Kaeser, seconded by Ybarra, that the
recommendation of the Fire Chief, dated July 27, 1977, be re-
ferred to the Finance Committee for study and report. MOtion
carried.
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Communication from S. E. Hogan, Police Chief, dated
July 28, 1977, advising that the California Peace Officers
Association is sponsoring a substantial number of bills this
year in the California Legislature and urging the Council to
lend its support to these bills if called upon, was presented.
(Copy to each member of the City Council)
It was moved by Kaeser, seconded by Ybarra, that
communication from the Police Chief, dated July 28, 1977, be
received and filed. MOtion carried.
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Communication from F. H. Colvin, Fire Chief, dated
July 28, 1977, regarding a leave of absence granted to Sheldon
Bardin August 16, 1976; requesting authorization to 'require a
physical examination, at City expense, to insure Mr. Bardin's
satisfactory condition for the performance of his duties, was
presented. (Copy to each member of the City Council)
It was moved by McCormick, seconded by Ybarra, that
the request of the Fire Chief, dated July 28, 1977, be approved
and that Sheldon Bardin be reinstated provided he reports back
to work on or before August 16, 1977 and has satisfactorily com-
pleted a physical examination. MOtion carried.
Activity Log of the Police Department for the period
July 16 - 31, 1977, inclusive, was presented.
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It was moved by McCormick, seconded by Kaeser, that
Activity Log of the Police Department be received and filed.
Motion carried.
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Communication from William H. Horton, dated July
29, 1977, submitting his resignation as police officer from
the City of Vernon, effective the close of business, August
17, 1977, was presented.
It was moved by Kaeser, seconded by McCormick, that
the resignation of William H. Horton, dated July 29, 1977, be
accepted. Motion carried.
Communication from A. E. Nelson, Jr., Director of
Public Works/Building, dated July 28, 1977, regarding a Re-
quest for Variance submitted by Mr. Harold Roach, owner of
the property at 5820 Alameda Street; recommending that the
request for variance be approved, subject to the conditions
as outlined in said communication, was presented. (Copy to
each member of the City Council)
It was moved by Kaeser, seconded by Ybarra, that the
recommendation of the Director of Public Works/Building, dated
July 28, 1977, be approved, subject to the conditions as out-
lined in said communication. Motion carried.
Communication from the City of Stanton, transmitting
a copy of Resolution No. 77-31 Urging the State Legislature
to Amend Penal Code 5311 Relating to the Definition of Obscene
Material, which was adopted by the City Council of the City of
Stanton on June 27, 1977, was presented. (Copy to each member
of the City Council)
It was moved by McCormick, seconded by Kaeser, that
communication from the City of Stanton, transmitting Resolu-
tion No. 77-31, be received and filed. Motion carried.
Communication from A. E. Nelson, Jr., Director of
Public Works/Building, dated July 29, 1977, recommending that
Robert G. Hill, Utility Man II Step 2 be advanced to Utility
Man II Step 1, effective September 1, 1977, was presented.
It was moved by Ybarra, seconded by Kaeser, that
the recommendation of the Director of Public Works/Building,
dated July 29, 1977, be approved. Motion carried.
Communication from A. E. Nelson, Jr., Director of
Public Works/Building, dated July 29, 1977, transmitting a
letter from Kenneth E. Fieler of Fieler and Associates with
regard to screening, testing, interviewin& selection and train-
ing of communication operators for the new communications
center; recommending that an additional twenty days services
from Fieler and Associates be authorized at a cost of $2400.00,
was presented. (Copy to each member of the City Council)
It was moved by Ybarra, seconded by Kaeser, that
the communication from A. E. Nelson, Jr., Director of Public
Works/BuildiQg, dated July 29, 1977, be referred to the
Finance Committee for study and recommendation. Motion
carried.
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Communication from F. H. Colvin, Fire Chief, dated
July 29, 1977, recommending that Fireman Larry J. Weaver be
granted a military leave-of-absence with pay from August 13 -
27, 1977, was presented.
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It was moved by McCormick, seconded by Ybarra, that
the recommendation of the Fire Chief, dated July 29, 1977, be
approved. MOtion carried.
"Warrant Register No. 482" covering claims and demands
presented during the period July 16 to 31, which includes
Demands Nos. 7-1688 to 7-1734 (both inclusive) drawn on the
United California Bank, totaling $3,772,167.71 (Light and Power
Warrants $3,729,131.46) (Accounting Period August 1977), was
examined and audited.
It was moved by Ybarra, seconded by McCormick, that
"Warrant Register No. 482" be approved and payment authorized
for Demands Nos. 7-1688 to 7-1734 (both inclusive), with no
exceptions. MOtion carried.
Ayes: Kaeser, Malburg, McCormick, Ybarra
Noes: None
Absent: Gonzales
Communication from Bruce V. Ma1kenhorst, City C1erk-
Director of Finance, dated August 2, 1977, recommending that
the City Attorney's office located at 4305 Santa Fe Avenue,
Vernon, California, be leased to David B. Brearley, City
Attorney, on a full time basis at the rate of $235.20 per month
until such time as he is able to relocate in other permanent
quarters.
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It was moved by Kaeser, seconded by Ybarra, that the
recommendation of the City Clerk-Director of Finance, dated
August 2, 1977, be approved. MOtion carried.
Ordinance No. 882 - An Ordinance of the City of
Vernon Adopting the County of Los Angeles Checking Fee Schedule
for Parcel Maps and Subdivision Tract Maps and Repealing Ordi-
nance No. 762 and Resolution No. 2985 and All Ordinances and
Resolutions in Conflict Therewith, was read by title for a 1st
reading.
Ordinance
It was moved by Kaeser, seconded by Ybarra, that
No. 882 receive and pass a 1st reading. MOtion carried.
Ayes: Kaeser, Malburg, McCormick, Ybarra
Noes: None
Absent: Gonzales
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Resolution No. 4492 - A Resolution of the City Council
of the City of Vernon Commending Thomas H. Garner for his Many
Years of Service to the City of Vernon, was presented.
It was moved by Kaeser, seconded by McCormick, that
Resolution No. 4492 be approved and adopted. MOtion carried.
Ayes: Kaeser, Malburg, McCormick, Ybarra
Noes: None
Absent: Gonzales
The City Attorney presented a report explaining the
decision in the case of John Corby, et a1. vs. City of West
Covina, et a1.
It was moved by Ybarra, seconded by Kaeser, that the
report presented by the City Attorney be received and filed.
MOtion carried.
The City Attorney reported that he had received a
notice of Pacific Telephone and Telegraph Company's Application
for an increase in directory advertising rates.
It was moved by McCormick, seconded by Ybarra,that
the report submitted by the City Attorney, be received and filed.
MOtion carried.
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The City Attorney reported, as requested by the City
Council at its meeting held June 21, 1977, that Harbor Insurance
Company, after investigation, had recommended that the applica-
tion to file a late claim submitted by Mink and Neiman, Inc., on
behalf of Nestor Baluja and Israel Baluja, against the City of
Vernon, be rejected.
It was moved by McCormick, seconded by Kaeser, that
the recommendation of Harbor Insurance Company be approved and
the application to file late claim on behalf of Nestor and
Israel Baluja, received from Mink and Neiman, Inc., be rejected.
Motion carried.
Communication from Robert W. Adams, Manager - Vernon
Chamber of Commerce, dated July 28, 1977, requesting a place on
the City Council Agenda for the meeting to be held August 2,
1977, was presented. (Copy to each member of the City Council)
Howard Banzett, Chairman of the Chamber City Liaison
Committee, appeared to discuss the Paramedic situation.
No action was taken.
It was moved by Ybarra, seconded by Kaeser, that the
City Council go into Executive Session in accordance with Gov.
C. 54957. Motion carried.
Ayes: Kaeser, Malburg, McCormick, Ybarra
Noes: None
Absent: Gonzales
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All persons, with the exception of the City Clerk-
Director of Finance and the City Attorney, were excluded from
the Executive Session.
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Mayor Malburg ordered that all communications to and
from the Executive Session were deemed private.
The Executive Session ended at 3:27 o'clock p.m.
The City Clerk-Director of Finance, Bruce V.
Malkenhorst, reported on a meeting he had with Fire Captain
George E. Foster during which Captain Foster indicated his de-
sire to effectuate his retirement, beginning August 1, 1977,
with a lump-sum payment for vacation benefits in order to re-
ceive both payments at the same time.
The City Attorney, David B. Brearley, advised the
Council that Section 9 of Resolution No. 4115 of the City of
Vernon, precluded payment of vacation benefits on an accrual
basis and that the City Council would have to change its policy
in order to comply with Captain Foster's requests.
After discussion, it was moved by Kaeser, seconded by
Ybarra, that the Order of the City Council at its meeting held
July 19, 1977, relative to Captain George E. Foster's retire-
ment, be rescinded and that Captain Foster's retirement be
accepted, effective August 1, 1977, and that his claim for a
lump-sum payment of vacation benefits, is hereby denied.
Motion carried.
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Communication from Silber, Benezra & Taslitz,
Attorneys for Vernon Fire Fighters, Local 2312, dated July 29,
1977, relative to the Court's minute order dated June 30, 1977,
and other related correspondence, requesting notification by
the City of any intended proposals regarding the forthcoming
negotiations, was presented.
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It was moved by McCormick, seconded by Kaeser, that
the City Attorney be instructed to reply to the communication
from Silber, Benezra & Tas1itz, dated July 29, 1977, in accord-
ance with instruction from the City Council. MOtion carried.
There being no further business to come before the
meeting, it was moved by Kaeser, seconded by McCormick, that
the meeting adjourn. MOtion carried.
The meeting adjourned at 3:45 p.m.
ATTEST:
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BRU~V. MALKENHORST, City C1erk-
Director of Finance
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