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19780502 Regular City Council Meeting - Minutes MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD MAY 2, 1978, AT TWO O'CLOCKp. m., IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. COUNCIL PRESENT: Gonzales, Kaeser, Malburg, McCormick, Ybarra I I COUNCIL ABSENT : None The meeting was called to order by Mayor Leonis C. Malburg. It was moved by Ybarra, seconded by Kaeser, that the minutes of April 14, 20 and 25, 1978 be approved as submitted. Motion carried. Communication from S. E. Hogan, Police Chief, dated April 18, 1978 requesting authority to hire five applicants to fill existing vacancies in the Police Department, pending completion of psychological and physical evaluation. It was moved by Ybarra, seconded by Kaeser, that the communication received from S. E. Hogan, Police Chief, dated April 18, 1978, be deferred to executive session. Motion carried. Communication from S. E. Hogan, Police Chief, dated April 14, 1978, requesting that Officer F. C. Grant be advanced to Patrolman Grade 1, effective as of May 1, 1978. It was moved by Gonzales, seconded by Ybarra, that the communication received from S. E. Hogan, Police Chief, dated April 14, 1978, be tabled. I Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated April 20, 1978, transmitting a letter signed by John J. Kelley, Utility Man II, advising of his intention to re tire effective at the close of business April 30, 1978. It was moved by Ybarra, seconded by Kaeser, that the communication received from John J. Kelley, advising of his intention to retire, be accepted. Motion carried. Resolution No. 4565...A Resolution of the City Council of the City of Vernon, commending John J. Kelley, on his many years of service to the City . of Vernon, was presented. I It was moved byYbarra, seconded by Kaeser, that the resignation of John J. Kelley be accepted, and that Resolution No. 4565 be approved and adopted. Motion carried. AYES: Gonzales, Kaeser, Malburg, McCormick, Ybarra NOES: None I Communication from Lewis R. Adams, Assistant Director of Civil Defense, dated April 19, 1978, advising that the Fire Department has requested replacement of two Civil Defense portable radios, at an estimated cost of $2,250.00, and that there are sufficient funds in the Civil Defense Budget to cover this purchase. It was moved by Ybarra, seconded by Gonzales, that the communication received from Lewis R. Adams, Assistant Director of Civil Defense, dated April 19, 1978, advising that the Fire Department has requested replacement of two Civil Defense portable radios, at an estimated cost of $2,250.00, be approved. Motion carried. 123 -2- 5/2/78 Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated April 25, 1978, transmitting a letter signed by LaVerne W. Cole, Utility Man II, advising of his intention to retire effective at the close of business July 14, 1978. It was moved by Ybarra, seconded by Kaeser, that the communication received from LaVerne W. Cole, advising of his intention to retire, be accepted. Motion carried. I I Communication from F. H. Colvin, Fire Chief, dated April 21, 1978, transmitting a request received from PVO International, Inc., for a variance from Section 7.63 of the Vernon City Code, recommending that this request for variance be approved. It was moved by McCormick, seconded by Gonzales, that the recom- mendation of F. H. Colvin, Fire Chief, dated April 21, 1978, be approved. Motion carried. Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated April 24, 1978, advising that the bids received for Bickett Street Storm Drain, in accordance with Contract No. 414 of the City of Vernon have been reviewed; recommending that the Contract be awarded to George Miller Construction Company, on the basis of their bid of $19,674.00. It was moved by McCormick, seconded by Kaeser, that the bid of George Miller Construction Company for Bickett Street Storm Drain be accepted and that the contract therefor be awarded to George Miller Construction Company. Motion carried. I Resolution No. 4566 -A Resolution of the City Council of the City of Vernon accepting the bid of George Miller Construction Company in accordance with Contra ct No. 414 of the City of Vernon. It was moved by McCormick, seconded by Kaeser, that Resolution No. 4566 be approved and adopted. Motion carried. AYES: McCormick, Kaeser, Ybarra, Gonzales, Malburg NOES: None Communication from F. H. Colvin, Fire Chief, dated April 27 , 1978, requesting authority for Robert L. Gramer to attend the California Fire Chiefs Conference at Anaheim, California, from May 21 - 26, 1978, with an expense allowance of $156. 00. I The request of F. H. Colvin, Fire Chief, dated April 27, 1978, that Robert L. Gramer b e authorized to attend the California Fire Chiefs Conference at Anaheim, California, was disallowed. Communication from F. H. Colvin, Fire Chief, dated April 27, 1978, requesting authority to attend the California Fire Chiefs Conference at Anaheim, California, from May 21 - 26, 1978, with an expense allowance of $156.00. I It was moved by McCormick, seconded by Kaeser, that the request of F. H. Colvin, Fire Chief, dated April 27, 1978, be approved and authority granted to issue warrant in the amount of $156.00 to F. H. Colvin, Fire Chief. Motion carried. F. H. Colvin, Fire Chief requested that Capt. Muldown be authorized to attend the Executive Session of the California Fire Chiefs Conference at Anahei m, California, while on duty May 21, 1978. ." It was moved by McCormick, seconded by Kaeser, that Capt. Muldown be allowed to attend the California Fire Chiefs Conference at Anaheim, California, May 21, 1978, while on duty. Motion carried. . 124 -3- 5/2/78 Communication from S. E. Hogan, Police Chief dated March 15, 1978, requesting authority for Robert L. Anderson to attend the International Associa- tion of Arson Investigators Seminar at Anaheim, California, April 23, to April 28, 1978, with an expen~e allowance of $142.50. I I It was moved by McCormick, seconded by Ybarra, that the request of S. E. Hogan, Police Chief, dated March 15, 1978, be approved and authority granted to issue warrant in the sum of $1&2.50. Motion carried. Communication from F. H. Colvin, Fire Chief, dated March 19, 1978, requesting authority for Capt. J. E. Muldown to attend the International Associa- tion of Arson Investigators Seminar, at Anaheim, California, April 23 to April 28, 1978, with an expense allowance of $224.00. It was moved by McCormick, seconded by Ybarra, that the request of F. H. Colvin, Fire Chief, dated March 19, 1978, be approved and authority granted to issue warrant in the amount of $142.50 only. Communication from the Finance Committee, dated April 12, 1978, transmitting copy of the minutes of the Finance Committee meeting held April 10, 1978, recommending that the items outlined therein be approved by the City Council. (Deferred at Council meeting of April 18, 1978). It was moved by McCormick, seconded byKaeser, that the items outlined in the minutes of the Finance Committee morning and afternoon sessions, held April 10, 1978, and the minutes of the meeting of April 13, 1978, be approved. Motion carried. I Communication from Southern California Gas Company, dated April 24, 1978, addressed to the Public Utilities Commission regarding Case No. 9988 - Phase II, Petition for Rehearing and/or Reconsideration of Decision No. 8865L It was moved by McCormick, seconded by Ybarra, that the communication received from Southern California Gas Company, dated April 24, 1978, be received and filed. Motion carried. Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated April 26, 1978, regarding a request which was received by the City Council from the Law Offices of Burke, Williams & Sorensen, dated April 11, 1978, to contract with the City of Vernon, for water service to be provided to their client, Clougherty Packing Company on a portion of their property which is located in an unincorporated area surrounded by the City of Vernon; recommending that the City Attorney be instructed to draft a contract for consideration contain- ing the conditions outlined in an attachment to this communication. I Arthur E. Nelson, Jr., further indicated that the City Council on March 7, 1978 had previously approved his recommendation that water servi'ce, be restricted to properties within City of Vernon boundaries. It was moved by Gonzales, seconded by Ybarra, that the previous recommendation restricting water service, by Arthur E. Nelson, Jr., Director of Public Works/Building, on March 7, 1978, be affirmed. Motion carried. I Communication from Arthur E. Nelson, Jr., Director of PublicWorks/ Building, dated Mare:h 13, 1978, regarding twelve listed crossings that require repair or maintenance on the part of Union Pacific Railroad Company, recom- mending that the City Coonc il schedule a hearing to consider forfeiture of the franchises involved. This item has been deferred by the Council at its meetings held March 21, April 4, 18, 20 and 25, 1978. ,., 1.25 :126 -4- 5/2/78 It was moved by McCormick, seconded by Kaeser, that the communication received from Arthur E. Nelson, Jr., Director of Public Works/Building, dated March 13, 1978, be deferred to the next regularly scheduled council meeting. Motion carried. I Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated April 27, 1978, advising that Baker Commodities, Inc., wishes to make application for permit for trailer for offices; that the company has pre- viously been granted permit for the one-year period beginning May 25, 1977, and recommending that authority be granted to issue this permit for the period com- mencing May 25, 1978, until their new office building is completed, which is estimated to be sometime in September, 1978. I It was moved by Kaeser, seconded by McCormick, that the communication from Arthur E. Nelson, Jr., Director of Public Works/Building, dated April 27, 1978, be approved. Motion carried. Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated April 27, 1978, regarding enforcement of Section 602, Penal Code; recommending that the Director of Public Works/Building, or a Civil Engineer ~n his absence, be designated to represent the City in connection with the enforcement of said Section. It was moved by Ybarra, seconded by Gonzales, that the communication received from Arthur E. Nelson, Jr., Director of Public Works/Building, dated April 27, 1978, be referred to the City Attorney for preparation of a resolution in conformance thereto. Motion carried. I Summons & Complaint, dated April 14, 1978, receiJed by the City Clerk's Office on April 21, 1978, filed by Pomposo O. Garcia against the City of Vernon, et al., in the Central District Superior Court of Los Angeles County, California, Case No. C237175. It was moved by Ybarra, seconded by McCormick that the Summons & Complaint dated April 14, 1978, be deferred to the Executive Session. Motion carried. "Warrant Register No. 500" covering claims and demands presented during the period April 16 to 30, which includes Demands Nos. 8-894 to 8-957 (both inclusive) drawn on the United California Bank, totaling $3,632,367.44 (Light and Power Warrants $3, 523,669. 48) (Accounting Period May 1978), was examined and audited. I It was:movedby Ybarra, seconded by McCormick that "Warrant Register No. 500" be approved and payment authorized for Demands Nos. 8-894 to g-.;..957 (both inclusive) with no exceptions. Motion carried. A YES: Kaeser, McCormick, Ybarra, Gonzales, Malburg NOES: None Activity Log of the Police Department for the period April 16-30, 1978, (both inclusive). I It was moved by Kaeser, seconded by McCormick, that the Activity Log of the Police Department, be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk-Director of Finance, dated April 28, 1978, regarding the necessity for adopting a Resolution Establishing Fees for Reproduction for the Public Records in accordance with State Statutes. Resolution No. 4547 - A Resolution of the City Council of the City of Vernon Establishing a Fee for the Inspection and Reproduction of Public Records of the City of Vernon. -5- 5/2/78 It was moved by Kaeser, seconded by Ybarra, that Resolution No. 4547 be approved and adopted. Motion carried. A YES: Gonzales, Kaeser, Malburg, McCormick, Ybarra NOES: None I Communication from F. H. Colvin, Fire Chief, dated April 28, 1978, requesting reimbursement for Education and Training to be paid to Ronald L. Hedlund, in the sum of $100.00 for courses satisfactorily completed at California State University Long Beach and Sacramento. It was moved by Kaeser, seconded by Ybarra, thas the communication received from F. H. Colvin, Fire Chief, dated April 28, 1978, be approved. Motion carried. I Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated April 28, 1978, transmitting an Addendum No. 1 to Contract No. 419, Mobile Radio Service; recommending that the Addendum be approved and made a part of Contract No. 419. It was moved by McCormick, seconded by Gonzales, that the request of the Director of Public Works/Building, dated April 28, 1978, be approved. Motion carried. Communication from D. B. Brearley, City Attorney, dated April 28, 1978, regarding several claims which have been filed against the City of Vernon by private individuals; making certain recommendations as outlined in said com- munication, was presented. I It was moved by Ybarra, seconded by Gonzales, that the certain recom- mendations from the City Attorney, dated April 28, 1978, be deferred to the Executive Session. Motion carried. Communication from D. B. Brearley, City Attorney, dated April 27, 1978, regarding Amendmentsto the State Guidelines Required by Assembly Bill No. 884, was presented. Resolution No. 4568 = A Resolution of the City Council of the City of Vernon Amending Resolution No. 4150 in Order to Incorporate Amendments to the State Environmental Impact Report Guidelines through and including March 4, 1978. It was moved by Kaeser, seconded by Ybarra, that Resolution No. 4568 be approved and adopted. Motion carried. AYES: Gonzales, Kaeser, Malburg, McCormick, Ybarra NOES: None I Resolution No. 4569 - A Resolution of the City Council of the City of Vernon Expressing Its Grief at tba Untimely Passing of Arthur E. Nelson, Sr. father of Arthur E. Nelson, Jr., the Director of Public Works/Building. I It was moved by McCormick, seconded by Ybarra, that Resolution No. 4569 be approved and adopted. Motion carried. AYES: Gonzales, Kaeser, Malburg, McCormick, Ybarra NOES: None A proposed resolution of the City Council of the City of Vernon entitled Establishing Layoff Procedures Applicable to the Fire Department, was presented. It was moved by Kaeser, seconded by McCormick, that the proposed resolution be deferred until the next regUlarly scheduled meeting. ".. A discussion was held regarding the. maintenance of the municipally- owned houses. No further action was taken on this matter. 127 -6- 5/2/78 At this time, 3 :35 o'clock p. m., a short recess was called by Mayor Malburg. The meeting was reconvened by Mayor Malburg at 4:10 o'clock p. m. I At this time, 4:10 o'clock p. m., it was moved by Ybarra, sero nded by Kaes~r, that the City Council go into Executive Session, in accordance with Attorney/Client Privilege. Motion carried. A YES: Gonzales, McCormick, Ybarra, Malburg, Kaeser NOES: None I All persons, with the exception of." the City Clerk, and the City Attorney were excluded from the Executive Session. Mayor Malburg ordered all communications to and from the Executive Session were deemed private. At this time, 4:30 o'clock p. m., it was moved by McCormick, seconded by Ybarra, that the City Council go out of executive session and reconvene regular session. Motion carried. It was moved by McCormick and seconded by Gonzales that the City Attorney's recommendations in his communication dated April 28, 1978, be approved, regarding the claims of Pomposo O. Garcia; Steven Karl Karsh, Anthony R. Lopez and Motors Insurance Corporation, against the City of Vernon, and that The City Attorney be authorized to defend the City of Vernon in the case of Garcia vs. City, Case #C237175, and that I David B. Brearley, City Attorney, be substituted in the place of Harry Keaton in the Tortoriello case, and further That the Municipal Employees Relations Representative be instructed to communicate with Harry Keaton concerning the status of the Don Fisher case. At this time, 4:40 o'clock p. m., it was moved by McCormick, seconded by Ybarra, that the Council go into Executive Session under the provisions of Government Code 54957. Motion carried. AYES: McCormick, Ybarra, Gonzales, Kaeser, Malburg NOES: None All persons, with the exception of tm City Clerk and the City Attorney were excluded from the Executive Session. I Mayor Malburg ordered all communications to and from the Executive Session were deemed private. At this time, 5:10 o'clock p. m., it was moved by Gonzales, seconded by Ybarra, that the City Council go out of Executive Session and reconvene regular session. Motion carried. I It' was moved by Gonzales and seconded by Kaeser that the recommend- ation of the Finance Committee in the afternoon meeting; of April 10, 1978, to terminate the employment of Tomalyn Tavernelli, as Deputy City Clerk, effective May 3, 1978, be approved. Motion carried. Aftet"' discussion, it was moved by Kaeser, seconded by Ybarra, that the City Clerk be authorized to fill the vacant position of Deputy City Clerk, on a temporary basis. Motion carried. The City Clerk discussed the retention of Eugene Helsley as Financial Consultant, and submitted a proposed contract. 128 -7- 5/2/78 After discussion, it was moved by Ybarra, seconded by Kaeser that Eugene Helsley be retained as the Financial Consultant, pursuant to the terms of the proposed contract, to be under the direction of the City Clerk-Director of Finance. Motion carried. At 5 :18 o'clock p. m., Councilman McCormick requested to be excused. I At this time, 5 :20 o'clock p. m., it was moved by Gonzales, seconded by Kaeser, that the City Council go into EXecutive Session under the provisions of Government Code 54957.6. I All persons, with the exception of the CityClerk, the City Attorney, were excluded from the Executive Session. Mayor Malburg ordered all communications to and from the Executive Session were deemed private. At this time, 6:45 o'clock p. m., it was moved by Kaeser, seconded by Gonzales, that the City Council go out of Executive Session and reconvene regular meeting. Motion carried. The City Clerk was instructed to -summon Police Chief Hogan. The Chief of Police appeared and discussed his communication of April 18, 1978. After discussion, it was moved by Kaeser and seconded by Gonzales, that the Police Chief recruit additional candidates so that he may submit a list of ten candidates who have been completely tested and examined as to their qualification. I There being no further business to come before the meeting, it was moved by Kaeser and seconded by Ybarra, that the meeting be adjourned. (if~'i. ~it~;~',;.;'J/' ATTEST: g.~4/4~ BRUCE V. MALKENHORST, City Clerk- Director of Finance I I 129