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19771101 Regular City Council Meeting - Minutes MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD NOVEMBER 1, 1977, AT TWO 0' 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, Malburg, MCCormick, Ybarra Kaeser The meeting was called to order by Mayor Leonis C. Malburg. It was moved by McCormick, seconded by Gonzales that minutes of the meeting of October 18, 1977, be approv- ed as written and submitted. MOtion carried. Communication from the City of Huntington Park, dated October 19, 1977, transmitting Resolution No. 184NS Amending Articles 2 and 3 of Chapter 1 of Title 3 of the Huntington Park Municipal Code to Impose an Additional Business License Tax to Raise Funds for Publicity and Pro- motional Purposes, which was adopted by the City Council October 11, 1977, was presented. (Copies to each member of the City Council) I It was moved by McCormick, seconded by Ybarra, that the communication and transmittal, dated October 19, 1977, received from the City of Huntington Park, be received and filed. Motion carried. I Communication from A. E. Nelson, Jr., Director of Public Works/Building, dated October 25, 1977, transmitting a copy of the Agreement, dated February 18, 1977, between Fie1er and Associates and the City of Vernon; recommending that said Agreement be amended no authorize Phase II activit~ was presented. (Copy to each member of the City Council) It was moved by Ybarra, seconded by Gonzales, that the recommendation of the Director of Public Works/Building, dated October 25, 1977, be referred to the Finance Committee for study and report. Motion carried. Communication from S. E. Hogan, Police Chief, dated October 25, 1977, requesting authority for B. G. Emrick to attend the California Law Enforcement Warrant Officers Associa- tion Staee, (Fall) Training Seminar, at Carmel, California, from November 17 to 18, 1977, with an expense allowance of $201.90, was presented. It was moved by McCormick, seconded by Ybarra, that the request of the Police Chief, dated October 25, 1977, be approved and authority granted to issue warrant in the sum of $201.90 to B. G. Emrick. MOtion carried. I Communication from S. E. Hogan, Police Chief, dated October 26, 1977, requesting authority for Police Lieutenants Espinoza, Miller & Taylor to attend the Hostage Negotiations Course to be held at Rio Hondo College from November 8 - 10, 1977, with an expense allowance of $10.00 each for registra- tion and $22.50 each for food and travel expenses, was presented. Itwas...moved by Mc Cormick, seconded by Ybarra, that the request of the Police Chief, dated October 26, 1977, be approved and authority granted to issue warrants in the sum of $10.00 for registration and in the sum of $22.50 each to Lieu- tenants Espinoza, Miller and Taylor. MOtion carried. MO -2- 11-1-77 I I Communication from S. E. Hogan, Police Chief, dated October 26, 1977, advising that he has received a re- quest from P. A. Taylor for reimbursement from the City's Education and Training Budget appropriation in the sum of $100.00 for Police Science courses in which he is enrolled at California State University/Los Angeles, was presented. It was moved by Gonzales, seconded by McCormick, that the request from P. A. Taylor via communication from the Police Chief, dated October 26, 1977, be approved and authority granted to issue warrant in the sum of $100.00 to P. A. Taylor. Motion carried. Communication from A. E. Nelson, Jr., Director of Public Works/Building, dated October 28, 1977, advising that: 1. Dean Distributors, Inc., 2099 East 27th Street has submitted a plot plan and request for variance for this address in accordance with Chapter 7, Article 4, Section 7.35 of The Code of the City of Vernon; 2. The Department of Public Works/Building, has investigated the parking requirements and has determined that: a. The location of the tank will not inter- fere with the Fire Department access or pedestrian street traffic; b. the tank and piping will be installed in accordance with the Uniform Building Code and the Uniform Mechanical Code, adopted by the City and therefore will meet safety standards; I c. the tank and piping will be a closed system so there will be no health problems; d. the company presently has seven employees. With twenty-six remaining parking spaces, there will be adequate employee and service parking for this type of operation; however, in the event the company employs over twenty employees, the variance should cease. 3. Recommending that the variance be granted pro- vided that the company employ no more than twenty employees and provided the company agrees to remove the tank and restore the parking spaces upon expiration of the lease. It was moved by McCormick, seconded by Ybarra, that based upon the results of the investigation of the Department of Public Works/Building, the City Council determine that the expedient, safe and economical movement of vehicular and pedes- trian traffic over the public street system of the City will not be adversely affected and that the recommendation of the Director of Public Works/Building, dated October 28, 1977, be approved. Motion carried. Activity Log of the Police Department for the per- iod October 16 - 31, 1977, inclusive, was presented. It was moved by Ybarra, seconded by McCormick, that Activity Log of the Police Department be received and filed. MOtion carried. I I 04~ -3- 11-1-77 I "Warrant Register No. 488" covering claims and demands presented during the period October 16 - 31, 1977, which includes Demands Nos. 7-2427 to 7-2495 (both inclusive) drawn on the United California Bank, totaling $3,282,112.78 (Light and Power Warrants $3,220,491.39) (Accounting Period November 1977), was examined and audited. It was moved by Ybarra, seconded by McCormick, that "Warrant Register No. 488" be approved and payment authorized for Demands Nos. 7-2427 to 7-2495 (both inclusive), with no ex- ceptions. MOtion carried. Ayes: Gonzales, Malburg, McCormick, Ybarra Noes: None Absent: Kaeser I Communication from Bruce V. Ma1kenhorst, City C1erk- Director of Finance, dated October 27, 1977, requesting author- ity to employ the following named persons, pending satisfactory completion of all necessary physical examinations, to the posi- tion of Dispatcher, Grade 5, effective November 15, 1977: Cheryl Ann Stover Linda J. Poh1 Joanne K. Carkhuff Betty Ann MOser James W. McCune It was moved by McCormick, seconded by Ybarra, that the request of the City Clerk-Director of Finance, dated October 27, 1977, be approved and that the City Clerk be authorized to establish and maintain an eligible list of persons who have quali- fied through successful completion of all examinations for the position of Dispatcher, for recruitment purposes in the future. Motion carried. I The City Attorney, David B. Brearley, appeared and addressed the City Council regarding ratification of an exten- sion of Contract No. 384 - Traffic Signal Maintenance 1974-1977 for the month of September and the authority granted by the City Council to further extend said Contract until such time that the new Traffic Signal Maintenance 1977-1980 Contract No. 411, is executed, which was approved at the City Council meeting held on October 4, 1977. It was moved by McCormick, seconded by Gonzales, that Contract No. 411 - Traffic Signal Maintenance 1977-80, awarded to Signal Maintenance, Inc., by Resolution No. 4493 on August 16, 1977, be effective as of November 1, 1977, provided that the in- surance certificates are approved by the City Attorney; and that Contract No. 384 - Traffic Signal Maintenance 1974-77, be termi- nated, effective October 31, 1977. MOtion carried. Communication from Bruce V. Ma1kenhorst, City C1erk- Director of Finance, dated October 20, 1977, requesting that the City Council approve the recommendation of the Finance Committee made at its meeting held October 17, 1977, that Fire Department Battalion Chief, Warren P. Musgrave, be retired because of his industrial disability, was presented. Communication from Fire Department Battalion Chief, Warren P. Musgrave, dated October 27, 1977, requesting that he be granted a formal hearing before the City Council at its meet- ing November 1, 1977, concerning his pending disability retire- ment, was presented. I I At this time, 2:30 p.m., it was moved by McCormick, seconded by Gonzales, that the City Council grant Mr. Musgrave a closed hearing in accordance with Government Code Section 54957, to consider the recommendation of the Finance Committee requiring Mr. Musgrave to retire with a disability retirement. Motion carried. 042 -4- 11-1-77 Ayes: Noes: Absent: Gonzales, Malburg, McCormick, Ybarra None Kaeser I All persons, with the exception of the City Clerk, the City Attorney and Warren P. Musgrave, were excluded from the hearing, with the stipulation that Fire Chief, Fred C. Colvin was to remain available to be called into the closed hearing for his comments and recommendations. Mayor Malburg ordered that all communications to and from the hearing were deemed private. The closed hearing was ended at 4:30 o'clock p.m. It was moved by McCormick, to adopt Resolution No. 4504, granting Mr. Musgrave a disability retirement effective as of December 31, 1977, provided that the Fire Chief assign him to an 8 hour, non-suppression work shift to perform admini- strative duties in a non-stress capacity from November 1, 1977 to December 31, 1977. After due deliberation, the Mayor asked for a second from the Council to approve the above motion. There being no second, the Mayor declared that the motion died for lack of a second. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 4504 be adopted with an effective retirement date of November 1, 1977. MOtion carried. Resolution No. 4504 - A Resolution of the City Council of the City of Vernon Determining the Disability of Warren P. Musgrave, a Local Safety Member Employed by the City of Vernon (121024 & 21025 Government Code), was presented. I I A roll call Gonzales: Kaeser: Malburg: McCormick: Ybarra: as follows: vote was taken Aye Absent Aye No Aye I At this time, 4:40 o'clock p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go into Executive Session in accordance with the attorney/client priv- ilege, to discuss the status of Vernon Fire Fighters' Associa- tion, Local 2312, et a1., and Donald Pod1as vs. the City of Vernon, et a1., Superior Court Case No. 196 116, filed in the Superior Court of the County of Los Angeles, State of Califor- nia. MOtion carried. Ayes: Noes: Absent: Gonzales, Malburg, McCormick, Ybarra None Kaeser I All persons, with the exception of the City Clerk and the City Attorney, were excluded from the Executive Session. Mayor Malburg ordered that all communications to and from the Executive Session be deemed private. At this time, 5:20 o'clock p.m., it was moved by Gonzales, seconded by Ybarra, that the City Council go out of Executive Session. MOtion carried. It was moved by McCormick, seconded by Ybarra, that the City Attorney be instructed and authorized to file a Notice of Appeal on behalf of the City of Vernon in Los Angeles Super- ior Court Case No. 196 116. MOtion carried. 043 -5- 11-1-77 I Resolution No. 4506 - A Resolution of the City Council of the City of Vernon Commending George E. Foster on His Many Years of Service to the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 4506 be approved and adopted. MOtion carried. Ayes: Gonzales, Malburg, MCCormick, Ybarra Noes: None Absent: Kaeser I Resolution No. 4507 - A Resolution of the City Council of the City of Vernon Commending Manuel T. Mello on His Many Years of Service to the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 4507 be approved and adopted. MOtion carried. Ayes: Gonzales, Malburg, McCormick, Ybarra Noes: None Absent: Kaeser There being no further business to come before the meeting, it was moved by McCormick, seconded by Gonzales, that the meeting be adjourned. MOtion carried. I ~' LEONI C. . B , Mayor ATTEST: dMuC/~ BRUCE V. MALKENHORST, City Director of Finance I I 044