Loading...
19770920 Regular City Council Meeting - Minutes MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD SEPTEMBER 20, 1977, AT TWO O'CLOCK P.M. IN THE LUNCH ROOM OF THE PUBLIC WORKS FACILITY LOCATED AT 4305 SANTA FE AVENUE. VERNON. CALIFORNIA I I COUNCIL PRESENT: COUNCIL ABSENT: Gonzales, Kaeser, Malburg, McCormick, Ybarra. None The meeting was called to order by Mayor Leonis C. Malburg. It was moved by Kaeser, seconded by McCormick, that the minutes of the meeting of September 6, 1977, be approved as written and submitted. Motion carried. Communication from S. E. Hogan, Police Chief, dated September 6, 1977i requesting that Officer Robert D. Finerty be advanced to Patro man Grade 1, effective October 1, 1977, was presented. I It was moved by Kaeser, seconded by Ybarra, that the re- quest of the Police Chief, dated September 6, 1977, be approved. Motion carried. Communication from S. E. Hogan, Police Chief, dated September 8, 1977, presenting a report as requested by the City Council at its meeting September 6, 1977, in regard to a communi- cation from the Los Angeles Police C01lD1lission, dated August 29, 1977, transmitting a policy with respect to issuance of gun permit~ was presented. (Copy to each member of the City Council) It was moved by Ybarra, seconded by Kaeser, that the re- port and communication from the Police Chief, dated September 8, 1977, be received and filed. Motion carried. Communication from Vernon Meat1and, Inc., dated September 8, 1977, requesting a continuance of their coach permit #42044, was presented. (Copy to each member of the City Council) It was moved by Kaeser, seconded by Gonzales that the request of Vernon Meat1and, Inc., dated September 8, 1977, be denied. Motion carried. Communication from A. E. Nelson, Jr. , Director of Public Works/Building! dated September 12, 1977, advising that the bids received for 2~th and 37th Street Slurry Sealing Alameda Street to Santa Fe Avenue, according to Contract No. 412, have been re- viewed; and, recommending that the contract be awarded to Roy Allan Slurry Seal Contractor on the basis of his bid of $5011.88, was presented. I I Resolution No. 4500 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Roy Allan Slurry Seal Contractor, for 25th and 37th Street Slurry Sealing, Alameda Street to Santa Fe Avenue, in Accordance with Contract No. 412 of the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 4500 be approved and adopted. Motion carried. Ayes: Gonzales, Kaeser, Malburg, McCOrmick, Ybarra Noes: None Absent: None n24. -2- 9-20-77 I Communication from S. E. Hogan, Police Chief, dated September 12, 1977, recommending that permission be granted for Sergeant R. L. Anderson to attend a Second Annual National Homi- cide Symposium in North Holl~ood from October 25 to 29, 1977, with an expense allowance of $195.00 for registration and $37.50 to cover food and travel, was presented. It was moved by McCormick, seconded by Ybarra, that the recommendation of the Police Chief, dated September 12, 1977, be approved and authority granted to issue warrants in the amount of $195.00 for registration and $37.50 to cover food and travel. Motion carried. Communication from F. H. Colvin, Fire Chief, dated September 12, 1977, advising that John R. Kriste has received orders from the U.S. Coast Guard Reserve, 11th District, to report for one week military active duty training commencing September 11, 1977; and recommending that Kriste be granted said leave, with pay, was presented. It was moved by Kaeser, seconded by Ybarra, that the rec- ommendation of the Fire Chief, dated September 12, 1977, be approv- ed. Motion carried. Communication from S. E. Hogan, Police Chief, dated September 14, 1977, requesting that Sgt.J. W. Triplett be reim- bursed from the City's Education and Training Budget appropria- tion in the amount of $100.00 for Police Science courses in which he is enrolled at Cal State University/Fullerton, was presented. It was moved by Kaeser, seconded by Ybarra, that the request of the Police Chief, dated September 14, 1977, be approved and that authority be granted to issue warrant in the sum of $100.00 to J. W. Triplett. Motion carried. Summons & Complaint for Compensatory and Punitive Damages for False Imprisonment, Los Angeles Superior Court Case No. SEC 23240, filed by Francisco Roa against the City of Vernon, et al, by his attorney, Ralph M. Monkarsh on September 12, 1977, and re- ceived by the City Clerk's office on September 14, 1977, was presented. I I I It was moved by Ybarra, seconded by Gonzales, that Summons & Complaint for Compensatory and Punitive Damages for False Imprisonment, Los Angeles Superior Court Case No. SEC 23240, filed by Francisco Roa against the City of Vernon, et al., be referred to the City's insurance carrier for necessary action and response on behalf of the City, and to the City Attorney. Motion carried. Communication from L. S. Hauger, Director of Environmental Health, dated September 16, 1977, regarding the Nejedly-Z'berg-Dills Solid Waste Management and Resource Recovery Act; advising that the plan, as submitted to the State Solid Waste Management Board, was deemed to require certain amendments, amplification and clarifica- tion; and recommending that the City Council adopt City of Vernon Resolution No. 4501, concurring with said amendments to the Los Angeles County Solid Waste Management Plan, was presented. Resolution No. 4501 - A Resolution of the City Council of the City of Vernon Concurring with Amendments to the Los Angeles County Solid Waste Management Plan, was presented. It was moved by Ybarra, seconded by Kaeser, that Resolu- 4501 be approved and adopted. Motion carried. Ayes: Gonzales, Kaeser, Malburg, McCormick, Ybarra Noes: None Absent: None tion No. I 09.t; -3- 9-20-77 Communication from A. E. Nelson, Jr., Director of Public Works/Building, dated September 16, 1977, requesting authority for Lewis R. Adams to attend the 26th Annual National Conference, United States Civil Defense Conference in Long Beach, California, from October 3 to 6, 1977, with an expense allowance of $94.00, was presented. I I It was moved by Ybarra, seconded by Kaeser, that the re- quest of the Director of Public Works/Building, dated September 16, 1977, be approved and authority granted to issue warrant in th~ amount of ~94.00 to Lewis R. Adams. Motion carried. Communication from A. E. Nelson, Jr., Director dPublic Works/Building, dated September 15, 1977, requesting authority for Lewis R. Adams to attend the Fall Conference, California-Nevada Section, American Water Works Association in San Jose, California from October 18 to 21, 1977, with an expense allowance of $310.00, was presented. It was moved by McCormick, seconded by Kaeser, that the request of the Director of Public Works/Building, dated September 15, 1977, be approved and authority granted to issue warrant in the amount of $310.00, to Lewis R. Adams. Motion carried. Application for Leave to Present Late Claim by Motor Transportation Service Systems Leasing, Claimant, and Claim for Damages, dated September 8 and 9, 1977, respectively, filed on behalf of MTSS Leasing, a C01poration, against the City of Vemon by their attorneys, Roper & Folino and received by the City Clerk's office September 15, 1977, was presented. It was moved by Ybarra, seconded by Gonzales, that the Application for Leave to Present Late Claim by Motor Transportation Service Systems Leasing, Claimant, and Claim for Damages, dated September 8 and 9, 1977, respectively, be referred to the City's insurance carrier and the City Attorney. Motion carried. Communication from S. E. Hogan, Police Chief, dated September 16, 1977, re,uesting that Officer T. R. Igyarto be re- imbursed from the City s Education and Training Budget appropria- tion in the sum of $16.10 to cover the cost of tuition and books for Police Science courses in which he is enrolled at Cerritos College, was presented. It was moved by Kaeser, seconded by Ybarra, that the request of the Police Chief, dated September 16, 1977, be approved and authority granted to issue warrant in the amount of $16.10 to T. R. Igyarto. Motion carried. Activity Log of the Police Department for the period September 1 - 15, 1977, inclusive, was presented. . It was moved by Ybarra, seconded by Gonzales, that the Activity Log of the Police Department be received and filed. Motion carried. Report of HealtlJl Department Activities for the month of August, 1977, was presented. (Copy to each member of the City Council) I I I It was moved by Ybarra, seconded by Gonzales, that the Report of Health Department Activities for the month of August, 1977, be received and filed. Motion carried. Communication from Councilman William M. McCormick, dated September 16, 1977, requesting authority to attend the Annual Meeting of the Independent Cities of Los Angeles County in Coronado, California, from November 18 to 20, 1977, with an expense allowance of $269.00, was presented. 026 I I I I I -4- 9-20-77 It was moved by Kaeser, seconded by Ybarra, that the request of Councilman William M. McCormick, dated September 16, 1977, be approved and authority granted to issue warrant in the amount of ,269.00 to William M. McCormick. Motion carried. ''Warrant Register No. 485" covering claims and demands presented during the period September 1 to 15, which includes Demands Nos. 7-2058 to 7-2219 (both inclusive) drawn on the United California Bank, totaling $96,183.46 (Light and Power Warrants $2,047.90) (Accounting Period September 1977), was examined and audited. It was moved by Ybarra, seconded by McCormick, that "Warrant Register No. 485" be approved and payment authorized for Demands Nos. 7-2058 to 7-2219 (both inclusive), with no exceptions. Motion carried. Ayes: Noes: Absent: Gonzales, Kaeser, Malburg, McCormick, Ybarra None None "Payroll Warrant Register No. 243" covering claims and demands presented during the period August 1 to 31, which includes Demands Nos. 2537 to 2548 (both inclusive), drawn on the Crocker National Bank, totaling $538,439.80 (Accounting Period August 1977), was examined and audited. It was moved by Ybarra, seconded by McCormick, that "Payroll Warrant Register No. 243" be approved and payment author- ized for Demands Nos. 2537 to 2548 (both inclusive) with no excep- tions. Motion carried. Ayes: Gonzales, Kaeser, Malburg, McCormick, Ybarra Noes: None Absent: None Communication from the Finance Committee, dated Septem- ber 19, 1977, advising that they have reviewed a request presented by Paul P. Hendricks, City of Vernon Consulting Electrical Engineer, that an Energy Cost Adjustment Billing Factor of 1.6644, net, be adopted; recommending that the City Council approve such Energy Cost Adjustment Billing Factor of 1.6644, effective as of September 30, 1977, was presented. Resolution No. 4502 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Supplied to its Electrical Consumers, was presented. It was moved by Ybarra, seconded by Gonzales, that Reso- lution No. 4502 be approved and adopted. Motion carried. Ayes: Gonzales, Kaeser, Malburg, McCormick, Ybarra Noes: None Absent: None Communication was presented from the Finance Committee, dated September 19, 1977, recommending that the City Council approve the request of the Police Chief, dated August 18, 1977, to employ two new officers and two new cadets, subject to the following conditions: 1. That all new officers and cadets receive their formal training at the Los Angeles County Sheriffs Academy; 2. That all applicants for Police Safety positions re- ceive pre-employment physical and psychiatric exami- nations commensurate with the duties of the position; and that the request relating to the establishment of a table of operations for the Police Department, be deferred. It was moved by Ybarra, seconded by McCormick, that the recommendations of the Finance Committee as outlined in the communi- cation, dated September 19, 1977, be approved. Motion carried. 027 -5- 9-20-77 I David B. Brearley, City Attorney, appeared and reported on Workers' Compensation Petition for Findings of Fact under Sec- tion 21363, Government Code, filed on behalf of the Public Employ- ees' Retirement System, Applicant v. Barbara A.Baker, Defendant, requesting a Finding of Fact under said Section as to whether the death of Bobby G. Baker was industrial; and Notice of Hearing in Workers' Compensation Appeals Board Case No. 77 ANA 71125, Barbara Baker, Applicant vs. City of Vernon, et al., to be held October 24, 1977. I No formal action taken. Paul P. Hendricks, Consulting Electrical Engineer for the City of Vernon, appeared and reported per his i~structions from the City Council at its meeting held September 6, 1977, re- garding San Diego City Council Resolution No. 219043, relative to Assembly Bill 1852, an act to repeal Section 25524.1 of the Public Resources Code relating to Nuclear Powerp1ants. It was moved by Ybarra, seconded by Gonzales, that the communication from the City of San Diego, dated August 26, 1977, along with transmittals relative to AB 1852, be received and filed. Motion carried. At this time, 2:45 o'clock p.m., it was moved by Ybarra, seconded by Gonzales, that the City Council go into Executive Ses- sion in accordance with the attorney/client privilege to discuss the status of Vernon Fire Fighters' Association, Local 2312, et a1. and Donald Pod1as vs. the City of Vernon, et a1., Superior Court Case No. C 196 116, filed in the County of Los Angeles, State of California. Motion carried. Ayes: Gonzales, Kaeser, Malburg, MCCormick, Ybarra Noes: None Absent: None I I I All persons, with the exception of the City Clerk and the City Attorne~were excluded from the Executive Session. Mayor Malburg ordered that all communications to and from the Executive Session be deemed private. At this time, 3:10 o'clock p.m., it was moved by Ybarra, seconded by Gonzales, that tbe City Council go out of Executive Session. Motion carried. It was moved by Gonzales, seconded by McCormick, that the City Attorney be authorized to file an appeal on behalf of the City of Vernon in Los Angeles Superior Court Case No. C 196 116. Motion carried. At this time, 3:12 o'clock p.m., Harry J. Keaton, City of Vernon Municipal Employee Relations Representative, arrived. At this time, 3:12 0'c10ck p.m., it was moved by Gonzales, seconded by Ybarra, that the City Council go into Executive Session in accordance with Government Code Section 54957. Motion carried. Ayes: Gonzales, Kaeser, Malburg, McCormick, Ybarra Noes: None Abs ent : None All persons, with the exception of the City Clerk, the City Attorney and the City's Municipal Employee Relations Representa- tive, were excluded from the Executive Session. Mayor Malburg ordered that all communications to and from the Executive Session were deemed private. At this time, 5:55 o'clock p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go out of Executive Session. Motion carried. 028 I I I I I -6- 9-20-77 Communication from David B. Brearley, City AttorneYt dated September 13, 1977t transmitting letter from Silbert Benezra & Tas1itzt Attorneys for Vernon Fire Fighters' Associationt Local 2312, dated September 9t 1977, regarding the 1977 negotiations, was presented. (Copy to each member of the City Council) The City Attorney advised the City Council that the Association proposal, as stated in the Association letter of September 9, 1977, page two "in response to the aforementioned City proposal, Local 2312 proposed that the entire City Fire Department operation be contracted out and consolidated with the Los Angeles County Fire Protection District", was clearly outside the scope of negotiation and was not a proper mandatory subject of sUbh negotiations. After discussion thereon, it was moved by McCormickt seconded by Ybarra, that Mr. Keato~the Municipal Employee Rela- tions Representative, be instructed to continue to refuse to dis- cuss or enter into negotiations with the Association regarding said matter, and that the City Attorney be instructed to respond to said letter on behalf of the City. MOtion carried. There being no further business to come before the meet- ing, it was moved by Ybarra, seconded by McCormick, that the meet- ing be adjourned until ThursdaYt September 22, 1977, at 4:30 p.m. in the Lunch Room of the Public Works Facility located at 4305 Santa Fe Avenuet Vernont California. MOtion carried. A . ) ~. ATTEST: ,6?~~ff/0~/~~ BRUCE V. MALKE ORST, City C1erk- Director of Finance 029 , .' AFFIDAVIT OF POSTING State of California ) County of Los Angeles) SS City of Vernon ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that I did, on the 21st day of Septembe. at 11:30 a.m., post Order of Adjournment of Meeting of the City-Council of the City of Vernon, copy' attached hereto, at a conspicuous place on or near the door of the place at which said meeting of September 20. 1977 Signed this J.!L :"l " i . Subscribed and sworn to before me this 21st day of September ,19 77. , was held. ~J 1 ~A'A J /f1t · ~r~q~~ City C1erk- Director of Finance 1 i OFFICIAL SEAL TOMALYN C. BURES NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY MyCommission Expires Dee. 10, 1977