19790111 Regular City Council Meeting - Minutes
MINUTES OF AN ADJOURNED MEETING OF THE
CITY COUNCIL OF THE CITY OF VERNON HELD
JANUARY 11, 1979, 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: Ybarra, Kaeser, McCormick, Gonzales
COUNCIL ABSENT: Malburg (Assumed the Chair at 2:20 o'clock, p. m.)
The meeting was called to order by Mayor pro tern Ybarra.
It was moved by Kaeser, seconded by Gonzales, that the minutes of
the meeting held December 5, 1979 (4:00 o'clock session) be approved as
submitted. Motion carried.
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Elizabeth Belles, 2440 E. 52nd Street, Los Angeles, California, 90058,
representing landowners and voters in the County "Strip" (situated between 52nd
Street and Slauson Avenue - Malabar and Santa Fe Avenue) appeared before the
City Council in regard to a proposed annexation of the area above described, as
discussed at the meeting of January 2, 1979.
After discussion, it was moved by Ybarra, seconded by Gonzales, that
the City Council of the City of Vernon go on record supporting the petitioners'
request for annexation of the area described, into the City of Vernon, if that is
the property owners' desire and intent, and that the City Council, upon the ap-
proval of the Local Agency Formation Commission, approve the property own-
ers' petition for annexation and adopt a resolution of intention to annex said
territory. Motion carried.
AYES: Ybarra, Gonzales, Kaeser, McCormick
NOES: None
Absent: Malburg
Mayor Malburg took his seat on the council at this time, 2 :20 o'clock,
p. m., and assumed the Chair.
At this time, 2:20 o'clock, p. m., it was moved by Gonzales, seconded
by Kaeser, that the City Council go into executive session in accordance with
the Attorney/Client privilege. Motion carried.
Alrpe.rsons with the exception of the City Clerk, the City Attorney, and
Special Counsel, Richard Whitmore, were excluded from the executive session.
Mayor Malburg ordered that all communications to and from the
executive session were deemed private.
At this time, 4:00 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.
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It was moved by Gonzales, seconded byYbarra, that Special Counsel
Richard Whitmore, be designated as the City's spokesman on litigation involving
the Vernon Fire Department, and on all matters related to said litigation.
Motion carried.
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Communication from S. E. Hogan, Chief of Police, dated January 5,
1979, requesting that L. A. Espinoza and B. Bunker (due to Capt. Chrisman's
prolonged illness) be advanced to the rank of Acting Patrol Captain, Grade II,
and Patrol Lieutenant, Grade II, respectively, with both officers receiving the
salaries corresponding to their new rank and grade, was presented.
It was moved by Ybarra, seconded by Kaeser, that the request of the
Chief of Police, dated January 5, 1979, be approved and authority granted to
pay salaries corresponding to the new rank and grade of L. A. Espinoza and
B. Bunker, effective December 1, 1978. Motion carried.
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Communication from Arthur E. Nelson, Jr., Director of Public
Works/Building, dated December 13, 1979, requesting approval of the state-
ment of the City of Vernon with respect to the draft of the area-wide waste
treatment plan for the South Coast Planning Area, which has been prepared
pursuant to Section 208 of the Federal Water Pollution Control Act, as
amended, and authorization to advise SCAG of the City's action, was pre-
sented. (Deferred from the January 2, 1979 meeting)
It was moved by Kaeser, seconded by Gonzales, that the communication
from the Director of Public Works, dated December 13, 1979, be received and
filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City
Clerk, dated December 14, 1978, to the Board of Administration, Public Em-
ployees' Retirement System, Sacramento, requesting amendment of the City's
contract with P. E. R. S. under Section 21225.01 of Retirement Law (2% at 50
for police safety members) by adoption of Resolution of Intention, and ordinance
to adopt said amendment, was presented.
It was moved by Kaeser, seconded by McCormick, that the City Clerk
be authorized to publish the actuarial cost of amending the City's contract with
P. E. R. S. in accordance with the provisions of Section 7507 of the Government
Code. Motion carried.
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Report from Arthur E. Nelson, Jr., on advisability of acquiring the
L. A. County Road Department property on Bandini Boulevard, behind Fire
Station #4, up for sale, with the Department's appraisal in the amount of
$180,000.00. (Deferred at the meeting of January 2, 1979)
It was moved by Gonzales, seconded by Ybarra, that the report from
the Director of Public Works on the acquisition of L. A. County Road Depart-
ment property, be deferred to the meeting of the City Council on February 6,
1979. Motion carried.
Communication from S. E. Hogan, Chief of Police, dated January 10,
1979, requesting authority for Sgt. R. L. McBean and Sgt. F. E. Sweeney to
travel to Flagstaff, Arizona to pick up prisoner Michael Fields, DR #79-108-A,
January 11 to January 12, 1979, with an expense allowance of $534. 90t... approx-
imately $500.00 of which is reimbursable by the State of California, was pre-
sented.
It was moved by Ybarra, seconded by McCormick, that the request of
the Chief of Police, dated January 10, 1979, be approved and authority granted
to issue warrant in the amount of $534.90, to Sgt. R. L. McBean. Motion
carried.
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Resolution No. 4618 - A Resolution of the City Council of the City of
Vernon COmmenamgLuniIFNykodym for His Many Years of Service to the City
of Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that Resolution No.
4618 be approved and adopted. Motion carried.
AYES: Gonzales, Ybarra, McCormick, Kaeser, Malburg
NOES: None
Absent: None
Resolution No. 4619 - A Resolution of the City Council of the City of
Vernon COmmenamg"'CTianesP. Silverthorne For His Many Years of Service
to the City of Vernon, was presented.
It was moved by Ybarra, seconded by Gonzales, that Resolution No.
4619 be approved and adopted. Motion carried.
AYES: Ybarra, Gonzales, Kaeser, McCormick, Malburg
NOES: None
Absent: None
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Communication from Arthur E. Nelson, Jr., Director of Public
Works/Building, advising that the work of Downey Road and Bandini Boulevard
Resurfacing, under Contract No. 423 has been completed, recommending that
the work be accepted and that authority be granted to pay the contractor,
Vernon Paving Company, in accordance with the Agreement, was presented.
Resolution No. 4.620 - A Resolution of the City Council of the City
of Vernon Accepting the Work 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 Kaeser, seconded by McCormick, that Resolution
No. 4620 be approved and adopted. Motion carried.
AYES: Kaeser, McCormick, Ybarra, Gonzales, Mafburg
NOES: None
Absent: None
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At this time, 4:43 o'clock, p. m., it was moved by Ybarra, seconded
by Gonzales, that the City Council go into executive session under the pro-
visions of 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 and from the
executive session were deemed private.
At this time, 5:09 o'clock, p. m., it was moved by Gonzales, seconded
by Ybarra, that the City Council go out of executive session and resume regular
session. Motion carried.
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Communication from S. E. Hogan, Chief of Police, dated January 5,
1979, that Officers A. J. Benedetti and M. D. O'Connor, had failed certain
categories of P. O. S. T. 's basic course equivalency examination, thereby making
it mandatory that P. O~ S. T. void the evaluation of the application of the basic
certificates, requesting that both officers be terminated from the payroll,
effective January 2, 1979, was presented.
It was moved by Kaeser, seconded by Ybarra, that the request of Chief
of Police S. E. Hogan, dated January 5, 1979, be approved, and that Officers
A. J. Benedetti and M. D. O'Connor be mmoved from the payroll effective
January 2, 1979. Motion carried.
At this time, 5:11 o'clock, p. m., it was moved by Gonzales, seconded
by Ybarra, that the City Council go into executive session under 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, 5:28 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.
The City Attorney reported that he had attended the trial in the case
of Robert Olson (Police Officer) vs. City of Vernon, Workers' Compensation
Appeals Board Case Nos. 77 LB 90005, 93104 and 78 LB 96629 at the_ Long
Beach Workers' Compensation Appeals Board on January 8, 1979, at 9:00 a. m.
During said trial a tentative settlement was agreed to by and between
the applicant's attorney, the applicant, the attorney for State Compensation
Insurance Fund, with the City Attorney agreeing to recommend said settlement
to the City Council. The following settlement would be a complete compromise
and release of all claims of the applicant, Mr. Robert Olson.
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Mr. Olson would receive the lump sum of $17J 000.00;;
The State Compensation Insurance Fund woula contribute
$7, 500. 00, towards said settlement, 50% of the medical-
legal expenses and 50% of the treatment but would not
contribute for treatment or temporary disability in respect
to treatment or temporary disability for a specific
occurrence.
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After discussion thereof,it~~~;. moved by McCormick, seconded by
Ybarra, that the proposed compromise and release recom mended by the City
Attorney be approved and the City Attorney be authorized to execute all ap-
propriate documents to finalize said settlement. Motion carried.
The City Attorney reported that he had received an Application for
Retirement from Ronald Lee Cummings, Fire Fighter, and had received a
request from the Public Employees Retirement System that the City Council
make a specific finding pursuant to Section 21026 of the Government Code with
respect to the disability of Mr. Cummings. The City Attorney further reported
that he had received a letter dated January 5, 1979 from tIE law firm of Greene
& Diamond purporting to represent Mr. Cummings requesting that the City
COWlcil "move expeditiouslylowards his industrial disability retirement".
The City Attorney further explained that Mr. Lou Hauger, Assistant
Health Officer, managed the Workers' Compensation files and retirement files
and had reviewed Mr. Cummings' file and prepared a report based on all of the
medical reports which the City had received from Mr. Cummings or his
attorney pertinent to his various disabilities.
Mr. Hauger then read from his report summarizing the various
medical reports and submitted his report for the record.
The City Attorney then summarized by concluding that the following
medical reports had been considered:
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Dr. Hollingsworth, St. Francis Hospital, 12/16/77;
Dr. Fiske, 7/18/77.
Dr. Crosby, 12/22/77;
Dr. Masserman, 3/28/78;
Dr. Betty J. McNabb, 1/6/78, 3/27/78 and 8/9/78;
Dr. Nelson, 4/11/78, 10/17/78, 10/20/78 and 11/1/78;
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He further indicated that he had not received any medical Ie ports from
either Mr. Cummings or his attorney which indicated that Mr. Cummings was
permanently disabled from his present occupation and on the contrary, he had
received a medical report from Dr. Nelson which indicated that Mr. Cummings
should have returned to work on 11/1/78 and a rev.ort from Dr. McNabb which
anticipated the cessation of his disabilities on 11/1/78.
The City Attorney further indicated that inasmuch as Mr. Cummings
nor his attorney, the law firm of Greene & Diamond, had submitted medical
reports which would justify a finding that the employee was disabled from his
present occupation but rather the medical reports presently submitted clearly
indicate that the employee can substantially perform the duties of the position
that he occupies, it therefore, would be an abuse of discretion if the City
Croncil were to find otherwise because of the lack of medical evidence as to
disability.
The City Attorney thereupon recommended that the City COWlcil adopt
Resolution No. 4621 which would determine that Mr. Cummings is not incap-
acitated within the meaning of the Public Employees Retirement Law and that
Mr. Cummings should have returned to e~ployment on November 1, 1978.
Resolution No. 4621 - A Resolution of the City COWlcil of the City of
Vernon DenYing tlie-uisa6llifY of Ronald L. Cummings, A Local Safety Member
Employed by the City of Vernon (Sections 21024 and 21025 of the Government
Code) was presented.
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It was moved by Ybarra, seconded by Gonzales, that Resolution No.
4621 be approved and adopted. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the claim of
Fred H. Colvin, in the amount of $1,068.20, which was deducted because
of absence from work by Chief Colvin July 7, 10, 11, 12, 13 and 14, 1978,
be denied. Motion carried.
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It was moved by Kaese', seconded byYbarra, that the claim of
Joseph A. Venezia, through his attorney, Loy H. Watkins, dated August 4,
1978, for medical benefits, be denied. Motion carried.
Communication from James Wm. McCune, dated January 5, 1979
requesting that he be paid for eleven (11) holidays worked during his em-
ployment with t:lE City, was presented.
It was moved by Gonzales, seconded by Kaeser, that the request of
James Wm. McCune that he be paid for eleven (11) holidays worked during
his employment with the City, be denied. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator /
City Clerk, dated January 11, 1979 for authority to transfer Barbara Sansom
from Payroll to Public Utilities Acoountant, Step 5, effective February 1,
1979, and that authority be granted to recruit a payroll accountant to replace
Barbara Sansom, was presented.
It was moved by Gonzales, seconded by Ybarra, that the request of
the City Administrator! City Clerk, for authority to transfer Barbara Sansom
from Payroll to Public Utilities Accountant, Step 5, effective February 1,
1979, be approved, and that the request terecruit a payroll accountant to
replace Barbara Sansom, also be approved. Motijn carried.
There being no further rosiness to come before the meeting, it was
moved by Kaeser, seconded by Ybarra, that the meeting adjourn. Motion
carried.
LEONIS"~l\iIALBURG-:J.\7Iayor---------
BY~~~1f..~rpro-tem---
,:{ ~ /~~~
BRU~LiENHORST-------
City Administrator/City Clerk
A TTES T:
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ORDER OF ADJOURNMENT OF MEETING
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OF THE CITY COUNCIL OF THE CITY OF VERNON
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I hereby certify that a regular meeting of the City Council of
the City of Vernon, held ___Thu~Sd~~___, January 11 ,
1979, 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 Thursday ,February 1 , 1979,
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. at 4:00 o'clock
porn., in the Council Chamber of the City Hall,
located at 4305 Santa Fe Avenue, Vernon, California.
6~~A1YV~
BRUCEV.-MAL~ENHORST----------
City Administrator/City Clerk