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
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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)
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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.
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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.
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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.
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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;
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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.
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"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
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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.
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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.
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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.
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Ayes:
Noes:
Absent:
Gonzales, Malburg, McCormick, Ybarra
None
Kaeser
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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.
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A roll call
Gonzales:
Kaeser:
Malburg:
McCormick:
Ybarra:
as follows:
vote was taken
Aye
Absent
Aye
No
Aye
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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
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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.
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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
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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.
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LEONI C. . B , Mayor
ATTEST:
dMuC/~
BRUCE V. MALKENHORST, City
Director of Finance
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