19780905 Regular City Council Meeting - Minutes
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MINUTES OF THE MEETING OF THE CITY
COUNCIL OF THE CITY OF VERNON HELD
SEPTEMBER 5, 1978, AT TWO O'CLOCK P. M.
IN THE COUNCn, CHAMBER OF THE CITY
HALL, LOCATED AT 4305 SANTA FE
A VENUE, VERNON CALIFORN IA
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COUNCIL PRESENT: Ybarra, Gonzales, McCormick, Malburg
COUNCIL ABSENT: Kaeser
The meeting was called to order by Mayor Malburg.
It was moved by McCormick, seconded by Ybarra, that the minutes of
the meeting of August 15, 1978 and the minutes of the Special Meeting of August
24, 1978, be approved as written and submitted. Motion carried.
The Clerk announced that this was the time and place for opening of Bids
for Traffic Signal Installation, Soto Street and 26th Street, in accordance with
Contract No. 424 of the City of Vernon.
It was moved by Gonzales, seconded by McCormick, that the Clerk be
instructed to open and read the bids submittecL Motion carried.
The Clerk opened and read the following bids:
Signal Maintenance, Inc.
Steiny & Co.
$12,762.67
17,850.00
It was moved by McCormick, seconded by Ybarra, that the bids received
for Traffic Signal Installation, Soto Street and 26th Street, in accordance with
Contract No. 424, be referred to the Department of Public Works/Building for
study and recommendation. Motion carried.
Communication from Arthur E. Nelson, Jr., Director of Public Works/
Building, requesting authority for Victor H. Vaits to attend International Con-
ference of Building Officials, Denver, Colorado, October 1 to October 6, 1978,
with an expense allowance of $500. 00, was presented.
It was moved by Gonzales, seconded by McCormick, that the request of
the Director of Public Works/Building, be approved and authority granted to issue
warrant in the sum of $500. 00 to Victor H. Vaits. Motion carried.
Communication from League of California Cities, Sacramento office, en-
closing Voting Delegate Form, asking that the City Council designate a voting
representative and an alternate who will be present at the Business Session of
the League of California Cities Annual Meeting at Anaheim, California, September
. 24-26, 1978, was presented.
It was moved by Gonzales, seconded by Ybarra, that Councilman McCormick
be designated voting delegate, and David Brearley be designated voting alternate to
represent the City of Vernon at the Business Session of the League of California
Cities Annual Meeting; Sept. 24-26, 1978. Motion carried.
Communication from Officer Randall C. Bertz submitting notification of
intent to resign effective close of buB. ness August 29, 1978, was presented.
It was moved by McCormick, seconded by Ybarra, that the resignation of
Officer Randall C. Bertz be accepted, effective close of business August 29, 1978.
Motion carried.
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Communication from Conrad Lopes, attorney for Fred H. Colvin, regard-
ing dispute over the sum of $1,068.20, which was deducted because of alleged
absence from work by Chief Colvin July 6, 7, 10, 11, 12, 13 and 14, 1978, re-
questing the opportunity to present and review evidence which the City utilized to
support contention for said deduction, was presented.
It was moved by Gonzales, seconded by Ybarra, to defer this item until
the next regularly scheduled meeting of the City Council, September 19, 1978.
Motion carried.
Continuation of the Public He aring to consider forfeiture of Union Pacific
franchises for certain crossings that require repair or maintenance, as listed in
communication from Arthur E. Nelson, Jr., Director of Public Works/Building,
dated March 13, 1978.
It was moved by McCormick, seconded by Gonzales, that the Public Hearing
above referred to be def erred to the next regularly scheduled meeting of the City
Council, September 19, 1978. Motion carried.
Communication from S. E. Hogan, Chief of Police, dated August 25, 1978
requesting authorization to employ J. P. Blackard, as a police cadet,... effective
Se~ tJ;e 19,"ffl;,' t~ re.plk~e..thedla~ancy':\eftJayC.aGlet D. J.Wrobel, from a list
of fouraf)pU<dLnts, was presented.
It was moved by McCormick, seconded by Ybarra, that the request of the
Chief of Police to employ J. P.Black.a.M, a.sia police cadet,- effective September
1, 't9i8;Lbe ~Ilnmred., Mdtion carried.
Activity Log of the Police Department for the period August 16 - 31, 1978,
was presented.
It was moved by Ybarra, seconded by Gonzales, that Activity Log of the
Police Department for August 16 - 31, 1978, be received and filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk-Director of
Finance, transmitting minutes of the Finance Committee meeting held August 7,
1978, requesting approval of the recommendations contained therein, was presented.
It was moved by McCormick, seconded by Ybarra, that the recommendations
in the minutes of the Finance Committee meeting held August 7, 1978, be approved.
Motion carried.
Communication from S. E. Hogan, Chief of Police, dated August 29, 1978,
requesting authority for J. A. Miller to attend California Narcotic Officers/Cali-
fornia Narcotic Information Network Joint Annual Meeting at Palm Springs, California,
October 3 to October 6, 1978, with an expense allowance of $232.84, was presented.
It was moved by Gonzales, seconded by McCormick, that the request of the
Chief of Police, dated August 29, 1978, be approved and authority granted to issue
warrant in the sum of $232.84 to J. A. Miller. Motion carried.
Communication from S. E. Hogan, Chief of Police, dated August 29, 1978,
recommending that P. A. Taylor be reimbursed $100.00 from the City's Training
and Education Fund to cover cost of tuition and books for Police Science courses
at California State University, Los Angeles, Fall Semester, was pr esented.
It was moved by Ybarra, seconded by Gonzales, that the request of the Chief
of Police dated August 29, 1978, be approved and authority granted to issue warrant
in the sum of $100. 00 to P. A. Taylor. Motion carried.
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''Warrant Register No. 5G8" covering claims and demands presented during
the period August 16 to 31, which includes Demands Nos. 8-1802 to 8-1902 (both
inclusive) drawn on the United California Bank and the Crocker National Bank,
totaling $3,744,073.33 (Light and Power Warrants $3,653,360.48) (Accounting
Period September 1978) was examined and audited.
It was moved by Ybarra, seconded by McCormick, that "Warrant Register
No. 508" be approved and payment authorized for Demands Nos. 8-1802 to 8-1902
(both inclusive), with no exceptions. Motion carried.
Ordinance No. 887 - An Ordinance of the City of Vernon Amending Ordinance
No. 880-Providing-Foi.-the Licensing, Impounding, and Regulating the Keeping, Sale
and Exhibition of Animals and Adopting by Reference the August 15, 1978 Amendments
to the Animal Control Ordinance of the County of Los Angeles, was read~6i~:o. urgency
Ordiaance ancl"would be effective immediately upon approval.
It was moved by Ybarra, seconded by McCormick, that Ordinance No. 887
be approved as an ur.gana.y;OrdwanceJaoo be>effe~.tive immediately. Motion carried.
AYES: Ybarra, McCormick, Gonzales, Malburg
NOES: None
Absent: Kaeser
Resolution No. 4598 - A Resolution of the City Council of the City of Vernon
Acceptingthe-WorkforReroofing Seven City Houses in Accordance with Contract
No. 422 of the City of Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that Resolution No. 4598
be approved and adopted. Motion carried.
AYES: Gonzales, Ybarra, McCormick, Malburg
NOES: None
Absent: Kaeser
Communication from S. E. Hogan, Chief of Police, outlin~ng:projected
utilization of the present uniformed patrol force in the event of a confrontation
over the present Fire Department labor controversy, recommending that the
City authorize a $20,ef>OdJlc.r~se iUCtlie.. P~lUte Department Budget for overtime
iIi ealm:'~IWl1f3~.B~e~.EPtesented.
It was moved by McCormick, seconded by Gonzales, that the recommend-
ation of the Chief of Police for au,:>:hn4Iffia$e m.~E:lPoUce .Department Budget for
ov,enlnie in case of emergency be approved. Motion carried.
Communication from Michael D. Farrier, President, Vernon Fire Fighters
Association, Local #2312, requesting that this item be placed on the agenda for the
September 5, 1978 meeting, to discuss internal problems of the Vernon Fire
Department, was presented. Deferred until a later time at this same meeting.
Communication from Arthur E. Nelson, Jr., Health Officer, that Eve
Wise, R. N., City Health Nurse, has satisfactorily completed "Basic Life Support"
course, California State University, on her own time and received completion
certificate therefor, requesting that tuition of $25.00 be reimbursed Ms. Wise
from the Education and Training Fund, was presented.
It was moved by Ybarra, seconded by Gonzales, that the request of the
Health Officer be approved and authority granted to issue warrant in the sum of
$25.00 to Eve Wise. Motion carried.
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Communication from Kenneth Cory, Controller of the State of California,
dated August 28, 1978, advising that City of Vernon's share of surplus monies,
in accordance with Sec. 16250 of the Government Code, will be allocated
33% on August 31, 1978 $194,773.31
(or a subsequent Date )
33% on December 10, 1978
34% on May 10, 1979
Total Allocation For
Fiscal Year 1978-79 $590,222. 16
subject to reduction contingent upon General Fund Reserves, and if a cost of
living increase has been, or is granted, the City is not entitled to receive these
funds; information based on data that has not been completely verified and may
be subject to adjustment, was presented.
194,773.31
_200,L 67.!>.:...5~
It was moved by McCormick, seconded by Gonzales, that the communic-
ation from Kenneth Cory, Controller of. the State of California, dated August 28,
1978, be received and filed. Motion carried.
Complaint and Summons filed August 22, 1978 in Superior Court of the
State of California, County of Los Angeles, Case No. C252220, entitled Trio
Consolidated Corporation, a California corporation; and Steve Karl Karsh vs.
A merican City Bank, a California corporation, Otto Seeman; Karen Allen; City
of Vernon, a Municipal corporation; J. A. Miller; G. W. Wilcox and Does I thru
XX, inclusive, received by City Clerk August 30, 1978, was presented. Deferred
to executive session later, this same meeting.
Resolution No. 4597 - A Resolution of the City Council of the City of
Vernon Approving-ConfractNo. 423 and Authorizing Notice Inviting Sealed Pro-
posals or Bids for Resurfacing of Downey Road and Bandini Boulevard, in
Accordance With Contract No. 423 of the City of Vernon, was presented.
It was moved by Ybarra, seconded by McCormick, that Resolution No.
4597 be approved and adopted. Motion carried.
AYES: Ybarra, McCormick, Gonzales, Malburg
NOES: None
Absent: Kaeser
Communication from S. E. Hogan, Chief of Police, requesting permission
for Sgt. J. E. Mason to attend training course in crime prevention presented by
Loss Prevention, Inc., to be held at California Crime Prevention Institute in
Pomona, California, the two-week program beginning October 8, and concluding
October 20, 1978; all tuition, travel, room and board, plus 60% of the trainee's
salary reimbursable through P. O. S. T. Plan I, was presented.
It was moved by McCormick, seconded by Ybarra, that the request of
Chief of Police Hogan for Sgt. J. E. Mason to attend crime prevention training
course, be approved,.MQtiQh:;cal"ri~(L
Communication from Arthur E. Nelson, Jr., Director of Public Works/
Building, dated September 1, 1978, advising that Norris Industries, 2962 E. 54th
Street, wishes to make application for permit for temporary trailer for accounting
office for the period Sept. 1, 1978 to Dec. 31, 1978, having previously been
granted temporary permit to August 31, 1978, recommending authority be granted
to issue permit as requested, was presented.
It was moved by Gonzales, seconded by McCormick that the reqommendation of
Director of Public WorkS/Building, dated Septemqer 1, 1978, that Norris Industries
be granted temporary trailer permit for accounting office for the period September 1,
1978 to December 31, 1978, be approved. Motion carried.
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Claim of Andrew G. Espinosa, filed through his attorney, Danilo J.
Becerra, for damages not yet ascertained, received by City Clerk August 31,
1978, was presented.
It was moved by McCormick, seconded by Gonzales, that the claim of
Andrew G. Espinosa be referred to the City Clerk for study and recommendation.
Motion carried.
Communication from Officer Fred Grant, dated August 14, 1978, sub-
mitting his resignation from the Police Department, effective close of business
September 7, 1978, was presented.
It was moved by Ybarra, seconded by McCormick, that the resignation
of Officer Grant be accepted effective close of business Septem ber 7, 1978.
Motion carried.
Communication from Officer Ivan L. Elder, dated August 30, 1978,
submitting his resignation from the Police Department, effective close of
business August 30, 1978, was presented.
It was moved by McCormick, seconded by Gonzales, that the resignation
of Officer Ivan L. Elder be accepted effective close of business August 30, 1978.
Motion carried.
Communication from Officer Larry W. Stone, dated August 30, 1978,
submitting his resignation from the Police Department, was presented.
It was moved by Gonzales, seconded by Ybarra, that the resignation of
Officer Larry W. Stone, be accepted. Motion carried.
Communication from S. E. Hogan, Chief of Police requesting authoriz-
ation to employ David F. Melnyk
Steven L. McClellan
James L. Ullmer as Patrolmen I, Grade 5, effective September
1, 1978, for entry in the next academy class, was presented.
It was moved by McCormick, seconded by Gonzales, that the Chief of
Police be authorized to employ the three applicants above listed as Patrolmen I,
Step 5, effective September 6, 1978. Motion carried.
Communication from S. E. Hogan, Chief of Police, dated August 17, 1978,
requesting authorization to appoint Cadet Donald J. Wrobel to the position of
Policeman I, Grade 5, effective September 1, 1978, for entry in the next academy
class, was presented.
It was moved by McCormick, seconded by Gonzales, that the request of
the Police Chief to appoint Cadet Donald J. Wrobel to the position of Policeman I,
Grade 5, effective September 1, 1978, be approved. Motion carried.
Communication from Carl Warren & Company, dated August 29, 1978,
regarding claim of Mark Hall, filed with City Clerk July 27, 1978, recommend-
ing that the claim be rejected as provided in Government Code, Section 913, was
presented.
It was moved by Gonzales, seconded by McCormick, that too claim of
Mark Hall, filed with City Clerk July 27, 1978, be rejected as provided. in Govern-
ment Code, Section 913. Motion carried.
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Communication from George F. Bas~, Acting Fire Chief, dated August
15, 1978, that Battalion Ch.ief P. N" Moorehead submitted a memorandum that
he be relieved as Battalion Chief and re-assigned as a Captain; that Moorehead
was relieved of his duties, pending further action of the City Council, was pre-
sented. (This item was deferred at the Council meeting of 8/15/78).
It was moved by McCormick, seconded by Gonzales that the action of the
Fire Chief relieving P. N. Moorehead of his duties as Battalion Chief be affirmed,
and that he be reassigned to his previous posstion as Captain. Motion carried.
Communication from Lawrence M. Jackson advising that due to circum-
stances existing in the Vernon Fire Department at this time, August 31, 1978, it
is his feeling he can no longer serve in the capacity of Temporary Administrative
Battalion Chief or Temporary Battalion Chief; that at II' esent he is unable to per-
form his regular duties and is under the care of a physician; that upon release
from his physician's care, he be allowed to resume his previous position of
Captain in the Vernon Fire Department, was presented.
It was moved by McCormick, seconded by Ybarra, that Lawrence M. Jack-
son be relieved of his Temporary Administrative Battalion Chief and Temporary
Battalion Chief position as of August 31, 1978, and that he be !'Ieassigned to his
previous position as Captain, effective September 1, 1978. Motion carried.
Communication from J. J. Rodriguez, President, Los Angeles County
Federation of Labor, dated August 31, 1978, requesting that he be permitted to
address the City Council on the current problem between the Vernon Fire Fighters
and the City of Vernon, was presented.
J. J. Rodriguez, President, Los Angeles County Federation of Labor
addressed the City Council relative to the matter mentioned in his communication,
which was received and filed, upon motion being made, seconded and carried.
The City Council also recognized the following officials, representatives
or interested parties to address the City Council concerning their interest on the
current problem between the Vernon Fire Fighters and the City of Vernon:
Ambassador Chairs
Baker Commodities, Inc.
Cole of California
Cambria Spring Co.
Furniture Workers Union, Loc. 3161
Germain's, Inc.
Glass Bottle Blowers Assoc. of
U. S. and Canada, Loc. #137
Ifland & Associates
J. T. Jenkins Co.
Kelley Manufacturing Co.
L. A. Newspaper Pressmen &
Offset Wkrs. Union, Loc. #18
Monarch Bearing Co., Inc.
Packers Bar M Meat Co.
Sheffield Chair Co.
United Automobile-Aerospace-Agri-
cultural Implement Workers of
America, Local #808
Gravure West
Western Chemical & Mfgg Co.
Vernon Chamber of Commerce
Allan Dupuis, Gen. Mgr.
W. A. Sanderson, Exec. V. P.
Gerald Earle, V. P. -Administrator
Roy F. Foote, President
Tony Arroyo, Business Rep.
John S. Noel, Vice Pres.
David W. Bryson, President
David L. Ifland, President
R. B. Jutzi, Secty-Treas.
Peter C. Pianta, Vice Pres.
Raymond McCallagan
Dwain D. Wilcox, Business Agent
V R McKnight, President
M. J. Ryan, VP Pers. & Purchasing
Patsy A. Garrett, Secty-Treas.
Raymond M. Ybarra, Financial Secty.
Joe Correia
E. J. Stegemann, Plant Manager
Dennis Johns
Howard Banzett
Communications from above-listed organizations were ordered received and
filed, after motion duly made, seconded and carried.
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At this time, 3 :05 o'clock, p. m., it was moved by McCormick,
seconded by Gonzales, that the City Council go into executive session in
accordance with Attorney/Client privilege. Motion carried.
All persons, with the exception of the City Clerk and the City Attorney
were excluded from the Executive Session.
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Mayor Malburg ordered that all communications to and from the
executive session were deemed private.
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At this time, 5:00 o'clock, p. m., motion was duly made, seconded
and carried that the City Council go out of executive session and reconvene
regular session.
It was moved by McCormick, seconded by Gonzales, that David B.
Brearley, City Attorney, be authorized to defend the City of Vernon in Case
No. C252220, Superior Court, filed by Steve Karl Karsh. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that David B. Brearley,
City Attorney, and Richard Whitmore, be authorized to act for the City of
Vernon as Special Labor Consultants. Motion carried.
Communication from Lloyd Schultz requesting that he be relieved as
Acting Battalion Chief and be reassigned to Captain status.
It was moved by McCormick, seconded by Ybarra, that Lloyd Schultz
be relieved of his duties as Acting Battalion Chief and be re-assigned to his
previous position of Captain. Motion carried.
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It was moved by McCormick, seconded by Gonzales that Captain Lloyd
Schultz and Patrick Moorehead be instructed to report to Fire Chief George F.
Bass for assignment within the Fire Department. Motion carried.
Municipal Employee Relations Representative, Bruce V. Malk:enhorst,
recommended the following course of action: (1) that a hearing date of Septem-
ber 19, 1978, at 4:00 o'clock, p. m., be set to hear and consider evidence
concerning disciplinary action for all firemen who are in violation of Section
1962 of the Labor Code and City of Vernon Resolution No. 4027; and (2) that with
the assistance of Acting Fire Chief Bass and the City Attorney, the M. E. R. R. be
authorized to send notiz:es of the hearing to consider discipline, up to and includ-
ing termination, to those firemen who are in violation of said Statute and
resolution.
It was moved by Gonzales, seconded by McCormick, that the two re-
commendations of the M. E. R. R. outlined above, be approved. Motion carried.
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It was moved by McCormick, seconded by Gonzales, that George F.
Bass be named Fire Chief. Motion carried.
There being no further business to come before the meeting, it was
moved by Gonzales, seconded by McCormick, that the meeting be adjourned
to September 19, 1978, at 2 :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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