19780620 Regular City Council Meeting - Minutes
MINUTES OF A REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF
VERNON HELD JUNE 20, 1978 AT TWO
O'CLOCK P. M., IN THE COUNCIL CHAMBER
OF THE CITY HALL, LOCATED AT 4305
SANTA FE AVENUE VERNON CALIFORNIA
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COUNCIL PRESENT:
McCormick, Malburg, Ybarra
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COUNCIL ABSENT :
Kaeser, Gonzales
The meeting was called to order by Mayor Leonis C. Malburg.
It was moved by McCormick, seconded by Ybarra, that the minutes of
the meeting held June 6, 1978 be approved as submitted. Motion carried.
The Clerk announced that this was the time and place for opening of bids
for Water Meter and Pressure Regulating Facility, Fruitland Avenue at Downey
Road, in accordance with Contract No. 421 of the City of Vernon.
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:
Doty Bros. Equipment Co.
Tennyson Pipeline Co.
Barron & Eckhart Engr'g. Contractors
Robert G. Castongia
$ 49,984.00
38,845.00
50,163.00
46,580.00
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It was moved by McCormick, seconded by Ybarra, that the bids received
for Water Meter and Pressure Regulating Facility, in accordance with Contract
No. 421, be referred to the Director of Public Works and the City Attorney for
study and recommendation. Motion carried.
Resolution No. 4563 - A proposed draft Establishing Layoff Procedures
Applicable to 1he-Fire Departme nt, was p-esented.
It was moved by Ybarra, seconded by McCormick, that the proposed draft
above mentioned be deferred to the executive se ssion scheduled later in the day.
Motion carried.
Ordinance No. 886 - An Ordinance of the City Council of the City of
Vernon AmendiiigChaPter8 of the Vernon Municipal Code and Repealing Ordinance
No. 798, was presented.
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It was moved by McCormick, seconded by Ybarra, that in accordance with
Government Code Section 36934, the reading of Ordinance No. 886 in full be waived
and that Ordinance No. 886 receive a second and final reading by ti tle. (Copy to
each member of the City Council) Motion carried.
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A YES : McCormick, Ybarra, Malburg
NOES : None
Absent: Kaeser, Gonzales
Ordinance No. 886 - An Ordinance of the City Council of the City of
Vernon Amendfrig Cliapter 8 of the Vernon Municipal Code and Repealing Ordinance
No. 798, was read by title for a second and final reading.
It was moved by McCormick, seconded by Ybarra, that Ordinance No.
886 receive and pass a second reading and be adopted. Motion carried.
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Communication from Arthur E. Nelson, Jr., Director of Public Works/
Building, dated March 13, 1978, regarding twelve listed crossings that require
repair or maintenance on the part of Union Pacific Railroad Company, recommend-
ing that the City Council schedule a hearing to consider forfeiture of the franchises
involved, was presented.
It was moved by McCormick, seconded by Ybarra, that this item, which
had been deferred by the City Council at previous meetings, be deferred to the
next regularly scheduled meeting of the council. Motion carried.
Communication from Paul P. Hendricks, Consulting Electrical Engineer,
advising that Soo thern California Edison Company has increased the annual license
fee for the ten-year license agreement (Pole line License Agreement #9195,
between the City of Vernon and the Union Pacific Railroad) from $275.00 to $740.00
per year, for the remaining five years, recommending that since the relocation of
the pole line would cost several thousand dollars, that the increased annual fee be
agreed to for the remaining five years of the license agreement, was presented.
It was moved by McCormick, seconded by Ybarra, that the increase in the
annual license fee referred to above, be approved. Motion carried.
Communication from S. E. Hogan, Chief of Police, requesting authority
for Lieutenant L. S. Rosenkrantz to attend California Association of Labor
Relations Officers' Work Shop in San Francisco, California, July 6 to July 7,
1978, with an expense allowance of $186. 52, was presented.
It was moved by McCormick, seconded by Ybarra, that the request of
S. E. Hogan be approved, and authority granted to issue warrant in the sum of
$186. 52 to Lieutenant L. S. Rosenkrantz. Motion carried.
Communication from Arthur E. Nelson, Jr., Director of Public Works/
Building, recommending that Ron Anderson _Luke Salerno be advanced one
step, to Utility Man IV, Step 1, effective July 1, 1978, as they have both been
in grade one year, and on the basis of merit, was presented. (Proposed person-
nel actions were submitted to and reviewed with the City Clerk/Director of Finance)
It was moved by Ybarra, seconded by McCormick that the request of the
Director of Public Works/Building, dated June 8, 1978 concerning above personnel
action be approved. Motion carried.
Communication from Arthur E. Nelson, Jr., Director of Public Works/
Building, that Yellow Freight System, Inc., 2030 East 38th Street, Vernon, has
advised that the company wishes to make application for permit for temporary
trailer for office for the period July 7, 1978 through July 7, 1979, having pre-
viously been granted temporary permit for such purpose for the previous year
was presented.
It was moved by McCormick, seconded by Ybarra, that the recommendation
to issue permit for temporary trailer to Yellow Freight System, Inc., for the
period July 7, 1978 through July 7, 1979, be approved. Motion carried.
Communication from S. E. Hogan, Chief of Police, requesting that
Officer M. W. Dixon be reimbursed $36.00 from the City's Training and Education
Fund to cover the cost of tuition and fees for defense training in which he'is en-
rolled at Koga Institute, was presented.
It was moved by McCormick, seconded by Ybarra, that the request of S.
E. Hogan, Police Chief, be approved and authority granted to issue warrant in the
amount of $36.00 to Officer M. W. Dixon, Motion carried.
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Communication from F. H. Colvin, Fire Chief, advising that Auto-
fireman John It. Kriste has received orders from the Commanding Officer,
U. S. Coast Guard Reserve, 11th District, to report for 12 days military active
duty training commencing June 19, 1978, and recommending that John R. Kriste
be granted leave of absence with pay June 19 through 30, 1978, inclusive, was
presented.
It was moved by McCormick, seconded by Ybarra, that the request of
F. H. Colvin, Fire Chief, as detailed above, be approved. Motion carried.
Report of Health Department Activities for the month of May 1978, was
presented. (Copy to each member of the City Council)
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It was moved by Ybarra, seconded by McCormick, that the Report of
Health Department Activities be received and filed. Motion carried.
Communication from Arthur E. Nelson, Jr., Director of Public Works/
Building, submitting Contract No. 422, Reroofing Seven City Houses, recom-
mending approval and authority to advertise for bids, was presented.
Resolution No. 4576 - A Resolution of the City Council of the City of
Vernon Approvirig-confractNo. 422 and Authorizing Notice Inviting Sealed Pro-
posals or Bids for the Reroofing of Seven City of Vernon Houses located on Vernon
A venue and Fruitland A venue, in Accordance with Contract No. 422 of the City of
Vernon, was presented.
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It was moved by Ybarra, seconded by McCormick, that Resolution No.
4576 be approved and adopted. Motion carried.
AYES : Ybarra, McCormick, Malburg
NOES : None
Absent: Kaeser, Gonzales
Communication from Arthur E. Nelson, Jr., Director of Public Works/
Building, that Norris Industries, 2962 E. 54th Street, Vernon, has advised that
the company wishes to make application for permit for temporary trailer for
accounting office for the period June 27, 1978 to August 31, 1978, having pre-
viously been granted temporary permit for such purpose for the previous year
was presented.
It was moved by McCormick, seconded by Ybarra, that the recommendation
to issue permit for temporary trailer to Norris Industries, for the period June 27,
1978 to August 31, 1978, be approved. Motion carried.
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Communication from Arthur E. Nelson, Jr., Director of Public Works/
Building, submitting for consideration a proposed Encroachment License Agree-
ment from Maas-Hansen Steel Corporation for the construction of a mansard over
a portion of the North side of 37th Street, approximately 300 feet east of Santa Fe
Avenue, recommending that the agreement be approved and that the City be
authorized to execute the document, was presented.
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It was moved by Ybarra, seconded by McCormick, that the Encroachment
License Agreement from Maas-Hansen Steel Corporation submitted by the Director
of Public Works, be approved and executed by the City of Vernon. Motion carried.
Communication from Arthur E. Nelson, Jr., Director of Public Works/
Building, submitting for consideration proposed Encroachment License Agreement
from Miss Eliette, Inc., for installation d. four pipes over the North side of 48th
Street, approximately 180 feet west of Santa Fe Avenue, recommending that the
Encroachment License be granted and that the Mayor and City Clerk be authorized
to execute the document, was presented.
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It was moved by McCormick, seconded by Ybarra, that the Encroachment
License Agreement from Miss Eliette, Inc., submitted by the Director of Public
Works/Building, be approved and executed by the City of Vernon. Motion carried.
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Communication from Arthur E. Nelson, Jr., Director of Public Works/
Building, submitting City 911 plan and application for funding; preparation of the
documents was authorized at the council meeting held January 3, 1978, recom-
mending that said plan and application for funding be approved, subject to City
Attorney's review as to legal sufficiency, and that the City Clerk, Police Chief
and Fire Chief be authorized to execute the application for funding on behalf of
the City, was presented.
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It was moved by McCormick, seconded by Ybarra, that City 911 Plan
and application for funding, be approved as submitted, and that same be executed
by the City of Vernon, as specified. Motion carried.
Communication from S. E. Hogan, Chief of Police, that Officer James
Prahm during his employment with the City has been in violation of the Police
Department's Policy and Ethics Manual, Section No. 400.11, despite numerous
warnings and suspensions, continues in violation thereof, recommending that the
City Council take action to terminate Officer Prahm, subsequent to a review by
the City Attorney, was presented.
It was moved by Ybarra, seconded by McCormick, that this matter be
deferred to the executive session scheduled for later in the day. Motion carried.
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Communication from Joseph A. Venezia advising that he has made applic-
ation to P. E. R. S. for service retirement, effective July 15, 1978, and that with
17 vacation work days, the last day worked for the City would be July 12, 1978.
Also, the letter serves notice in accordance with Section 5 of his Lease Agree-
ment, that the premises now occupied by him at 3361 Fruitland Avenue, will be
vacated on or about July 15, 1978. Mr. Venezia further indicates that the May
30, 1978 letter to specified employees, last paragraph, page two, applies to his
group medical and dental coverage, and asks whether his spouse would continue
to receive, in the event of his demise, the same medical and dental group cover-
age benefits, providing that the premiums are paid, was presented.
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It was moved by McCormick, seconded by Ybarra, that this communication
be deferred to the executive session scheduled at a later time in the dJy. Motion
carried.
Communication from F. H. Colvin, Fire Chief that Fireman Sheldon
Bardin has failed to report for duty, as ordered, after dispatching a telegram and
a registered letter that he report for light duty as Dispatcher on "A" Platoon,
effective June 15, 1978, recommending that Bardin's name be deleted from the
city payroll effective June 16, 1978, was presented.
It was moved by McCormick, seconded by Ybarra, that action on this
recommendation be deferred to executive session, scheduled for a later time this
day. Motion carried.
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Activity Log of the Police Department for the period June 1 - 15, 1978,
inclusive, was presented.
It was moved by Ybarra, seconded by McCormick, )that the Activity Log
of the Police Department be received and filed. Motion carried.
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Communication from Arthur E. Nelson, Jr., Department of Public Works/
Building that the bids received and opened at the council meeting on June 6, 1978,
for Cleaning and Painting Exteriors of Eighteen City Houses, according to Contract
No. 420 have been reviewed, recommending that the contract be awarded to M. P.
Painting, 3536 Los Coyotes, Long Beach, California, on the basis of their bid
$9,945.00, was presented.
It was moved by McCormick, seconded by Ybarra, that the bid of M. P.
Painting for Cleaning and Painting Exteriors of Eighteen City Houses, according
to Contract No. 420, be accepted and that they be awarded the contract therefor.
Motion carried.
Resolution No. 4577 - A Resolution of the City Council of: the City of
Vernon Accepting the-Bfa-of M. P. Painting for the Cleaning and Painting of the
Exteriors of Eighteen City Houses in Accordance with Contract No. 420 of the
City of Vernon and Approving the Execution of Said Contract, was presented.
It was moved by McCormick, seconded by Ybarra, that Resolution No.
4577, be approved and adopted. Motion carried.
"Warrant Register No. 503" covering claims and demands presented
during the period June 1 to 15, which includes Demands Nos. 8-1201 to 8=1378
(bOth inclusive) drawn on the United California Bank, totaling $130, 143.74 (Light
and Power Warrants $2,218.92) (Accounting Period June 1978), was examined
and audited.
It was moved by Ybarra, seconded by McCormick that ''Warrant Register
No. 503" be approved and payment authorized for Demands Nos. 8-1201 to
8-1378 (both inclusive), with no exceptions. Motion carried.
A YEs:
NOES:
Absent:
Ybarra, McCormick, Malburg
None
Kaeser, Gonzales
"Payroll Warrant Register No. 252" covering claims and demands pre-
sented during the period May 1 to 31, which includes Demands Nos. 2649 to '
2663 (both inclusive), drawn on the Crocker National Bank, totaling $511,810/52
(Accounting Period May 1978), was examined and audited.
It was moved by Ybarra, seconded by McCormick that "Payroll Warrant
Register No. 252ft be approved andpayment authorized for Demands Nos. 2649
to 2663 (both inclusive), with no exceptions. Motion carried.
AYES: Ybarra, McCormick, Malburg
NOES : None
Absent: Kaeser, Gonzales
Communication from Michael D. Farrier, President, Vernon Fire
Fighters t Association, advising that in the opinion of the Association, the directive
issued by the Fire Chief, dated June 5, 1978, regarding a cha1 ge in the depart-
ment's minimum manning, has total disregard for the safety of fire department
personnel, causing an increase in the fire fighters' work load, voices their stand
ag-ainst any reduction in manning, and alleges that it constitutes a change in con-
ditions of employment and is subject to the meet and confer process as provided
for in the Me}fYrs-Milias-Brown Act, was presented.
It was moved by Ybarra, seconded by McCormick, that the communication
from Michael D. Farrier, be referred to the City of Vernon's Municipal Employee
Relations Representative. Motion carried.
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Communication from Arthur E. Nelson, Jr., Department of Public Works/
Building that Arthur E. Bender, Saco Street property owner, is proposing a
22,050 square foot industrial building for L. A. Brush Company, 2221 E. 37th
Street, requesting variance from the Uniform Building Code, 1976 Edition, to
allow openings within five feet of the property line, recommending that the
variance be granted, under certain conditions, was presented.
It was moved by McCormick, seconded by Ybarra, thatthe recommend-
ation of the Director of Public Works/Building regarding this variance, be
approved. Motion carried.
It was moved by McCormick, seconded by Malburg, that Councilmen
Gonzales' and Ybarra's request to attend Special Meeting of League of California
Cities in Sacramento, July 7-8, 1978, be approved, a:nft autaerity pamed to issue
expenseallttWance warrant in the amount of $154.20 each. Motion carried.
There being no further regular business to come before the meeting, it
was moved by McCormick, seconded by Ybarra, that the meeting be recessed at
this time to 4:00 o'clock, p. m., this same day, in the Council Chamber of the
City Hall, located at 4305 Santa Fe Avenue, Vernon, California. Motion carried.
At this time, 4:10 o'clock, p. m., it was moved by McCormick, seconded
by Ybarra, that the council resume regular session. Motion carried.
Councilman Kaeser assumed his seat at this time.
It was moved by McCormick, seconded by Kaeser, that the City Council
go into executive session in accordance with the Attorney/Client privilege.
Motion carried.
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 were deemed private.
At this time, 4,11> o'clock, p. m., it was moved by McCormick, seconded
by Ybarra, that the City Council go out of executive session and resume regular
session. Motion carried. .
It was moved by McCormick, seconded by Ybarra, that the recommend-
ation of the City Attorney in the case of Sgt. Ernest T. Brazil (retired) against the
City of Vernon be accepted in accordance with the Stipulation ente~ed by the Work-
ers' Compensation Appeals Board, be approved. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the City Council
go into executive session in accordance with Section 54957 of theGovernment Code.
Motion carried.
All persons, with the exception of the City Clerk, the City Attorney and
Police Chief S. E. Hogan were excluded from the executive session.
Mayor Malburg ordered that all communications to and from the executive
session were deemed private.
Councilman Gonzales assumed his seat on the council at 4:12 p. m.
At this time, 4:25 o'clock, p. m., it was moved by McCormick, seconded
by Ybarra, that the City Council go out of executive session and resume regular
session. Motion carried.
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It was moved by McCormick, seconded by Gonzales that the recommend..
ation of Chief of Police S. E. Hogan that Officer James Prahm be terminated, be
accepted, and that Officer Prahm is hereby terminated from employmEnt forthwith.
Motion carried.
At this time, 4:45 o'clock, p. m., it was moved by Kaeser, seconded by
McCormick that the City Council go into executive session in accordance with
Section 54957 of the Government Code. Motion carried.
All persons, with the exception of the City Clerk, the City Attorney and
Police Chief S. E. Hogan were excluded from the executive session.
Mayor Malburg ordered that all communications to and from the executive
session were deemed private.
At this time, 4:50 o'clock p. m., it was moved by McCormick, seconded
by Gonzales, that the City Council go out of executive session and resume regular
session. Motion carried.
At this time, 4:50 o'clock p. m., it was moved by McCormick, seconded
by Ybarra, that the City Council go into executive session in accordance with
Section 54957. 6 of the Government Code. Motion carried.
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 were deemed private.
At this time, 5:40 p. m., Fire Chief Fred Colvin and Administrative
Battalion Chief George Bass were requested to attend.
At this time, 6:20 o'clock p. m., it was moved by McCormick, seconded
by Kaeser, that the City Council go out of executive session and resume regular
session. Motion carried.
At this time, 6:20 o'clock p. m., it was moved by Gonzales, seconded by
McCormick, that the City Council go into executive session in accordance with
Section 54957 of the Government Code. Motion carried.
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 aad from the executive
session were deemed private.
At this time, 6:45 o'clock p. m., it was moved by Ybarra, seconded by
Kaeser, that the City Council go out of executive session and resume regular
session. Motion carried.
It was moved by McCormick, seconded by Gonzales (1) that the service
retirement of Joseph A. Venezia be accepted effective close of business July 12,
1978, and (2) that termination of his Lease Agreement for city-owned house also
be accepted effective July 15, 1978. Motion carried.
There being no further business to come before the meeting, it was moved
by McCormick, seconded by Gonzales, that the meeting be adjourned to June 27,
1978, at 4:00 o'clock p. m., in the Council Chamber of the City Hall, located at
4305 Santa Fe Avenue, Vernon, California. Motion carried.
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EONI<<:- :MALB
ATTEST: _
Lt;4~d! n4/~~ __
BRUCE V. MALKENHORST, City Clerk-
Director of Finance
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ORDER OF ADJOURNMENT OF MEETING
OF THE CITY COUNCIL OF THE CITY OF VERNON
I hereby certify that a regular meeting of the
City Council of the City of Vernon, held Tues., June 20, 1978
in the Council Chamber of the City Hall, located at 4305
Santa Fe Avenue, Vernon, California, was adjourned by Order
of the City Council (quorum present) until Tues., June 27, 1978
at 4:00 0' clock p.m. in the Council Chamber of the City
Hall, located at 4305 Santa Fe Avenue, Vernon, California.
6~~
City Clerk-
Director of Finance