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19790306 Regular City Council Meeting - Minutes I I I I I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, HELD MARCH 6, 1979, AT TWO O'CLOCK, P. M. IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: MEMBERS ABSENT : Gonzales, Kaeser, McCormick, Ybarra Malburg The meeting was called to order by Mayor pro tem Thomas A. Ybarra. It was moved by Kaeser, seconded 'by Gonzales, that the minutes of the meetings held February 20 and 28, 1979, be approved as written and submitted. Motion carried. Communication from Tomalyn Tavernelli, dated March 1, 1979, request- ing an Administrative Hearing (open) at the March 6, 1979 meeting of the council for the purpose to enable a full airing of the facts surrounding her termination from employment with the City of Vernon as of May 3, 1978, in order to determine whether or not said termination was an error in judgment and is subject to reversal and reinstatement, was presented. It was moved by Kaeser, seconded by Gonzales, that consideration of the request of Tomalyn Tavernelli for an Administrative Hearing be deferred to the next regularly scheduled meeting of the City Council, March 20, 1979, at which time Special Counsel Richard Whitmore would be present to participate in the discussion of this item. Motion carried. Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated March 1, 1979, advising that W. W. Henry Company, planning to occupy property at 3063 Fruitland Avenue, has requested a variance from the Uniform Building Code, 1976 edition, to delete the installation of an automatic fire sprinkler system, recommending that an allowance for a variance be granted under the following conditions: 1. A request for inspection of occupancy must be submitted and the building reviewed according to Vernon Ordinances. 2. No further sub-leasing or change of tenant or use, or added tenants shall take place until a fire sprinkler system has been installed and is in service. 3. The storage height be limited to twelve feet maximum height. 4. The variance be granted for a maximum period of three years and a sprinkler system be installed immediately upon any change in the three-year sub-lease from Stansteel. 5. "Immediately" as indicated in paragraph four shall mean thirty days. It was moved by McCormick, seconded by Kaeser, that request of W. W. Henry Company for a variance from the Uniform Building Code, 1976 edition, be granted under the conditions as set forth above. Motion carried. Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated March 1, 1979, recommending reclassification of the following personnel, effective March 1, 1979, was presented. Richard Hilton to Chief Deputy Director of Environmental Health, Step 3 George BUJ."gess to Civil Engineering Associate, Step 3 Raymond Rich to Civil Engineering Associate, Step 3 Leonard Wranosky to Senior Building Inspector, Step 3 Fred Tachovsky to Senior Electrical Inspector, Step 3 Ronald Patnaude to Senior Mechanical Inspector, Step 3 James Persons to Project Engineer, Step 2 Eugene DeFrank to Survey Party Chief, Step 2 260 -2- 3/ 6 / 79 I and that tIE following titles be changed effective Marnh 1, 1979: Supervising Building Inspector to Senior Building Inspector; Engineering Clerk m and Secretary-File Clerk, both to Secretary; (Personnel having these titles will continue on Step 1) It was moved by Gonzales, seconded by Kaeser, that the recommend- ation of the Director of Public Works, for reclassification of personnel listed in his communication of March 1, 1979, and above-mentioned title changes, be ratified. Motion carried. Communication from Independent Cities of Los Angeles County, dated February 20, 1979, requesting same be placed before the City Council, in conjunction with letter from Mayor David E. Parry of the City of Arcadia. Subject matter concerns request for financial and legal support to insure a vigoflous defense of the law suit filed by People's Advocate, Inc., and the Arcadia Tax Reform Committee against the City of Arcadia, was presented. It was moved by Gonzales, seconded by McCormick, that the com- munication from Independent Cities of Los Angeles County, dated February 20, 1~79, regar~~ngthe l~w .suit filed by Peop~e's .Advocate, Inc., vs.City of .AL"caw.~, \.HeAne:~ci'\lftd-mOO,lab(b1ibftlachontrtbution :ull$iOO. 00 be approved. Motion carried. Communication from Mayor David E. Parry, City of Arcadia, advising that a lawsuit filed by Paul Gann and his People's Advocate group, challenges certain fees and taxes adopted by the Arcadia City Council, between June 6, 1978 and the July 1, 1978 effective date of Proposition 13; the City of Arcadia has retained a law firm to attl in the defense of this suit, and if Vernon will be affected by the outcome of this litigation, financial support would be appreciated as set forth in the contribution schedule attached, the portion applicable to Vernon being Cities with a Population Under 10,000, a con- tribution of $100.00, was presented. It was moved by Gonzales, seconded by Kaeser, that the communication from Mayor David E. Parry, City of Arcadia, dated February 16, 1979, re- garding the lawsuit filed by Paul Gann and his People's Advocate group, be received and filed. Motion carried. I I I I Activity Log of the Police Department for the period February 16-28, 1979, was presented. It was moved by McCormick, seconded by Kaeser, that the Police Department Activity Log for February 16 - 28, 1979, be received and filed. Motion carried. "Warrant Register No. 520" covering claims and demands presented during the period February 16 to 28, which includes Demands Nos. 9-479 to 9-558 (both inclusive) drawn on the United California Bank, totaling $83,627.22 (Light and Power Warrants $2,534.80) (Accounting Period March 1979), was examined and audited. It was moved by Gonzales, seconded by Kaeser, that "Warrant Register No. 520" be approved and payment authorized for Demands Nos. 9-479 to 9-558 (both inclusive), with no exceptions. Motion carried. "Payroll Warrant Register No. 260" covering claims and demands presented during the period January 1 to 31, which includes Demands Nos. 2761 to 2777 (both inclusive), drawn on the Crocker National Bank, totaling $480,001. 04 (Accounting Period January 1979), was examined and audited. It was moved by Gonzales, seconded by Kaeser, that "Payroll Warrant Register No. 260" be approved and payment authorized for Demands Nos._ 2761 to 2777 (both inclusive), with no exceptions. Motion carried. Resolution No. 4630 - A Resolution of the City Council of the City of Vernon "TIetermlmngllie -nlsability odf Henry Leroy Wilson, A Local Safety Member Employed by the City of Vernon (Sec. 21024 and 21025 of the Govern- ment Code), was presented. 26:1 -3- 3 / 6 / 79 I It was moved by Gonzales, seconded by Kaeser, that Resolution No. 4630, be approved and adopted. Motion carried. AYES: Gonzales, Kaeser, McCormick, Ybarra NOES: None Absent: Malburg Resolution No. 4631 - A Resolution of the City Council of the City of VernonTIerermTmngtheJJisability of Bob G. Byars, A Local Safety Member Employed by the City of Vernon (Sec. 21024 and 21025 of the Government Code), was presented. It was moved by McCormick, seconded by Kaeser, that this item be considered in executive session later in this meeting. Motion carried. Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated March 2, 1979, advising that pursuant to a meeting on Feb- ruary 21, 1979, with representatives of Douglas Randall, Division of Walter Kiddie and Company, Inc., successors to Oliver Radio Emergency Monitoring Company, dba. OREMCO, and Marion J. Varner; Kenneth E. Fieler of Fieler and Associates; the City Attorney and the Director of Public Works/Building, arrangements were made for completion of Contract No. 401 to the mutual satisfaction of all parties concerned, recommending that the work of Com- munications Equipment for Vernon City Hallcnd Police Facility be accepted, and that authority be granted to pay the Contractor, Douglas Randall, Division of Walter Kiddie and Company, Inc., successors to OREMCO, in accordance with the agreement and this communication, was presented. Resolution No. 4632 - A Resolution of the City Council of the City of VernonAcceptmgtne-wQrk of Communications Equipment for Vernon City Hall and Police Facility, in Accordance With Contract No. 401, was pre- sented. I I It was moved by Kaeser, seconded by Gonzales, that Resolution No. 4632 be approved and adopted. Motion carried. AYES: Kaeser, Gonzales, McCormick, Ybarra NOES: None Absent: Malburg Communication from Chief of Police S. E. Hogan, dated March 1, 1979, requesting that J. R. Ormesher be advanced to Clerk, Grade 2, effective April 1, 1979; and that D. D. Fearn be advanced to Secretary, Grade 4, effective April 1, 1979, having successfully passed the probationary period, both promotions on the basis of merit and having served one year in present grade, was presented. It was moved by Gonzales, seconded by Kaeser, that the request of Chief Of Poliee Hogan to advance J. R. Ormesher and D. D. Fern, be defer- red to executive session later in this meeting. Motion carried. Communication from S. E. Hogan, Chief of Police, dated March 1, 1979, advising that Captain A. E. Chrisman has been off duty over five morths because of a stroke and that apparently he will not be able to return to full duty, re- questing that consideration be given to approving retirement for Capt. Chrisman, effective April 1, 1979 (under the 2% at age 50 formula for safety members) and that a resolution be passed comzrending Capt. Chrisman for his nearly thirty-one years service with the City of Vernon, was p:' esented. It was moved by Gonzales, secondad by Kaeser, that this item be defer- red and considered at the next regularly scheduled meeting of the City Council, March 20, 1979. Motion carried. Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated March 2, advising that by letter dated February 23, 1979, Central Basin Municipal Water District, transmitted proposed in-lieu Replenish- ment Agreement between Central and West Basin Water Replenishment District, Central Basin Municipal Water District and City of Vernon, in which the City I I 262 -4- 3/ 6 / 79 I agrees to use its best efforts to increase purchases of imported water from Central Basin Municipal Water District during the four month period, March through June, 1979, in substitution for pumped water, recommending that the Mayor and City Clerk be authorized to execute the agreement on behalf of the City, was presented. It was moved by Gonzales, seconded by Kaeser, that the in-lieu Re- plenishment Agreement between Central and West Basin Water Replenishment District, Central Basin Municipal Water District and the City of Vernon, be approved and that the Mayor and the City Clerk be authorized to execute the agreement on behalf of the City. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 5, 1979, that he has received letter from Richard A. Shinee, attorney for Vernon Police Officers Benefit Association, to meet and confer with the City regarding wages, hours and \\Orking conditions, and that he (Mr. Shinee) or Dennis Tavernelli be advised of the dates the City will be available for negotiations, was presented. It was moved by Gonzales, seconded by Kaeser, that this item be deferred, and considered in executive session later on in this meeting. Motion carried. Memorandum from S. E. Hogan, Chief of Police, dated March 2, 1979 advising that the following officers resigned from the department and Academy Training on the dates set forth: I L. D. Dummer M. D. O'Connor 2/28/79 3/1 / 79 I It was moved by Gonzales, seconded by Kaeser, that the Police Chief's communication re garding the resignations of Officers Dummer and O'Connor be received and filed, and lbat1!heitu:t:.esignations be accepted. Motion carried. Memorandum from S. E. Hogan, Chief of Police, dated February 28, 1979, regarding the working hours of Miscellaneous Personnel in his depart- ment, was presented. It was moved by Kaeser, seconded by Gonzales that the memorandum from Police Chief Hogan regarding Miscellaneous Personnel Working Hours, be received and filed. Motion carried. I Memorandum from S. E. Hogan, Chief of Police, dated March 5, 1979, advising that Officer A. J. Benedetti submitted his resignation from the Police Department, effective March 2, 1979, was presented. It was moved by Gonzales, seconded by McCormick, that the commul1ic- ation from Chief of Police Hogan regarding the resignation of A. J. Benedetti, be received and filed, a,nBrthiltihismsignation be accepted. Motion carried. Communication from Fire Chief George F. Bass, dated March 6, 1979, requesting approval and funds to attend the one-day Fifth Annual Emergency Preparedness Seminar being held in Montebello, March 7, 1979, with an ex- panse alb>wance of $20. 00, was presented. It was moved by McCormick, seconded by Kaeser, that the reque st of Fire Chief George F. Bass, for approval and funds to attend Fifth Annual Emergency Preparedness Seminar, Montebello, March 7, 1979, be approved and authority granted to issue warrant in the amount of $20. 00 to George F. Bass. Motion carried. I Communication fro m Patricia A. Gazin, Chairman, Audit Committee, County of Los Angeles 1978-79 Grand Jury, dated March 1, 1979, advising that as a result of an examination of portions of fiscal records and reports of the City of Vernon, making certain recommendations to avoid potential COll- flicts between city departments and minimize complaints, was presented. It was moved by Kaeser, seconded by Gonzales, that the communication from the Audit Committee of the Los angeles Gounty Grand Jury, be referred to the Finance Committee. Motion carried. 263 I I I I I -5- 3/ 6 / 79 Communication from Ferice B. Childers, Consultant Management/ Safety Services, dated February 21, 1979, to City Managers of Bell, Bell Gardens, Commerce, Cudahy, and Vernon regarding the Feasibility Study for Consolidation of Police Services Under Joint Powers Agreement, re- questing $1,860.00 as payment in full for services ($375.00 - Vernon's share), was presented. It was moved by Kaeser, seconded by Gonzales, that request for pay- ment of Vernon's share of the Feasibility Study for Consolidation of Police Services, Under Joint Powers Agreement, be approved and authority granted to issue warrant in the amount of $375.00 to Ferice B. Childers, Consultant Management/Safety Services. Motion carried. Communication from Public Utilities Commission of the State of Cali- fornia, dated February 28, 1979, to all cities and counties, titled Notice Re Hearing Notices on Rate Increase Applications, regarding posting and publish- ing of rate increases notice, advising that henceforth they will notify only the parties who request confirmation of the hearing date and location, was pre- sented. It was moved by Gonzales, seconded by Kaeser, that the Public Utilities Commission letter regarding hearings on rate-increase applications, and request for confirmation, be received and filed. Motion carried. The City Attorney presented to the City Council, Summons, Notice & Acknowledgement of Receipt, and Comp;laint in the case of American Bakeries, et aI, vs. County of Los Angeles, City of Vernon, et aI, L. A. Superior Court Case No. C-27110, explaining that this was a complaint for refund of property taxes pursuant to the California and Revenue Tax Code, Sec. 5140, et seq., recommending that the City Clerk be authorized to execute the Notice and Acknowledgement of Receipt of Service, that the complaint be denied, and that the City Attorney be authorized to request the County eounsel to defend said action on behalf of the City of Vernon. It was moved by McCormick, seconded by Gonzales, that the City, Clerk be authorized to ~knowledge receipt of service of said complaint, that the claim be rejected, and that the City Attorney be instructed to request County Counsel to defend said claim on behalf of the City of Vernon. Motion carried. At this time, 2 :40 o'clock, p. m., it was moved by Gonzales, seconded by McCormick, that the City Council go into executive session in accordance with the provisions of Section 54957 of the Government Code. Motion carried. All persons with the exception of the City Administrator and the City Attorney were excluded from the executive session. Mayor pro tem Ybarra ordered that all communications to and from the executive session were deemed private. At this time, 3 :37 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. Resolution No. 4631 - A Resolution of the City Council of the City of Vernon "Defermliilngllie"'"Disability of Bob G. Byars, effective March 16, 1979, A Local Safety Member Employed by the City of Vernon (Sec. 21024 and 21025 of the Government Code), was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 4631 be approved and adopted. Motion carried. AYES: McCormick, Gonzales, Kaeser, Ybarra NOES: None Absent: Malburg Resolution ~o~ 4634 - A Resolution of the City Council of the City of Vernon"'COmmencf1ng"BOo"G. Byars for His Many Years of Service to the City of Vernon, was presented. . 264 -6- 3/ 6 / 79 I It was moved by McCormick, seconded by Gonzales, that Resolution No. 4634 be approved and adopted. Motion carried. AYES: McCormick, Gonzales, Kaeser, Ybarra NOES: None Absent: Malburg It was moved by McCormick, seconded by Gonzales, that Bob G. Byars be awarded the twenty-five year service pin as an employee of the City of Vernon. Motion carned. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, requesting authority to make arrangements with the Public Employees' Retirement System for an actuarial study, for a valuation on the reduction or the City's sharing of miscellaneous employees' contributions to the system for their retirement, was presented. It was moved by McCormick, seconded by Gonzales, that the City Clerk be authorized to have P. E. R. S. conduct an actuarial study for the purpose cited above. Motion carried. I It was moved by Kaeser, seconded by McCormick, that the.Ctty Admin- istrator/City Clerk be instructed to issue a memorandum to Miscellaneous Employees regarding their working hours, and that any employee who does not abide by the hours set, will be deducted for time not worked. Motion carried. I It was moved by Kaeser, seconded by McCormick that Chief of Police S. E. Hogan submit justification for the merit step increase requested for J. R. Ormesher, and that this item be considered at the next regularly scheduled meeting of the City Council. Motion carried. It was moved by Kaeser, seconded by McCormick, that the request of Chief of Police S. E. Hogan, recommending a probationary/merit advance for Doreen Fearn, be approved in accordance with the resolutiqn relative to promotions (effective the month following the anniversary date), and that Doreen Fearn be advanced to Secretary, Grade 4, effective May 1, 1979. Motion carr ied. The City Administrator/City Clerk presented a communication received from Ronald Cummings to theCity Council. The City Attorney recommended that action on this matter be deferred to the next coure il meeting, at which time, Special Counsel Richard Whitmore would be present to participate in the discussion of this item. I It was moved by Gonzales, secOIrl ed by Kaeser, that consideration of the communication received from Ronald Cummings be deferred until the City Council meeting of March 20, 1979. Motion carried. At this time, 3 :45 o'clock, p. m., it was moved by McCormick, seconded by Gonzales, that the City Council go into executive session in accordance with the provisions of 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. I Mayor pro tem Ybarra ordered that all communications to and from the exeuutive session were deemed private. At this time, 4:05 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. It was moved by Gonzales, seconded by Kaeser, that the Police Depart- ment furnish the City Administrator/City Clerk with a Daily Manpower Report, effective March 7, 1979. Motion carried. 265 I I I I I -7- 3/ 6 / 79 It was moved by McCormick, seconded by Gonzales, that the City Administrator/City Clerk, be authorized to obtain quotes on an Errors and Omissions insurance policy, with respect to Public Officials and elected officers. Motion carried. Communication from Richard A. Shinee, dated February 28, 1979, attorney for the Vernon Police Officers Benefit Association, that he wishes to meet and confer with the City regarding wages, hours and working con- ditions, and that either he, or Dennis Tavernelli, President of the Asspciation, be advised of the dates the City will be available for negotiations, was pre- sented. It was moved by McCormick, seconded by Kaeser, that the communic- ation from Richard A. Shinee, Attorney for Vernon Police Officers Benefit Association with reference to meet and confer sessions with the City of Vernon, regarding wages, hours and working conditions, be referred to the City Attorney, for recommendation and response to the Finance Committee. Motion carried. At this time, 4:05 o'clock, p. m., it was moved by McCormick, seconded by Gonzales, that the City Counc il 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 pro tem Ybarra ordered that all communications to and from the executive session were deemed private. At this time, 4:25 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. There being no further business to come before the meeting, it was moved by Kaeser, seconded by Gonza..les, that the meeting adjourn. Motion carried. ~p '1 .~~Y~A~~~pro tem ----- ATTEST: 266