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19790320 Regular City Council Meeting - Minutes I I I I I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, HELD MARCH 20, 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: Gonzales, Kaeser, McCormick, Ybarra, Malburg MEMBERS 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 the meeting of March 6, 1979, be approved as written and submitted. Motion carried. Public Hearing to consider forfeiture of Union Pacific Railroad franchises for crossings that require repair or maintenance, as listed in communication from Arthur E. Nelson, Jr., Director of Public Works/Building dated March 13, 1978. (Deferred from meeting of March 6, 1979) It was moved by Gonzales, seconded by Kaeser, that Public Hearing to consider forfeiture of Union Pacific Railroad franchises be deferred to the regularly scheduled meeting of the City Council on April 17, 1979. Motion carried. Hearing to consider the recommendation that Jean Hoffman be termin- ated from employment with the City of Vernon. (Deferred at the meetings of the City Council February 20 and 28, 1979) It was moved by Ybarra, seconded by Gonzales, that the hearing of this item be deferred until 3:00 o'clock, p. m., this same day. 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 deter- mine whether or not said termination was an error in judgment and is subject to reversal and reinstatement. (Deferred at the meeting of the City Council March 6, 1979) It was moved by Kaeser, seconded by Gonzales that the request of Tom- alyn Tavernelli for an administrative hearing be denied. Motion carried. Communication from Ronald L. Cummings, dated February 13, 1979, requesting an opportunity for his counsel, himself and his doctors to present factual evidence to the City Council to substantiate his claim for industrial disability retirement. (Deferred at the meeting of March 6, 1979, to allow Special Counsel Richard Whitmore to be present for participation in the dis- cussion of this item) It was moved by Gonzales, seconded by Ybarra, that the request of Ron- ald L. Cummings for an opportunity to present factual evidence to the Council to substantiate his claim for industrial disability retirement, be denied. Motion carried. Minutes of the Finance Committee meetings of February 13, 15 and 27, 1979, and March 12, 1979, were presented. It was moved by Gonzales, seconded by Kaeser, that the mimt es of the Finance Committee meetings of February 13, 15 and 27,' 1979 and March 12, 1979, be ratified, and that the recommendations embodied therein, be approved and adopted. Motion carried. 267 I I I I I -2- 3 / 20 / 79 Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated March 8, 1979, enclosing letter dated March 2, 1979 from Bert Rapp, requesting a lot line adjustment between two parcels he owns on the north side of Leonis Boulevard westerly of Boyle Avenue, for the purpose of conveying the westerly 25 feet of too easterly parcel to the westerly parcel recommending the lot line adjustment be approved by adoption of a resolution pursuant to Section 66412(d) of the Subdivision Map Act, was presented. Resolutionyo. 4636 - A Resolution of the City Council of the City of Vernon, Approvmg "r:;otLine Adjustment" Requested by Bert Rapp, was pre- sented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 4636 be approved and adopted. Motion carried. Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated March 13, 1979, requesting authority and funds for Raymond R. Rich to attend CWPCA 51st Annual Conference in San Diego, California, April 24 to April 27, 1979, with an expense allowance of $298.00, was pre- sented. It was moved by Gonzales, seconded by McCormick, that the request of Arthur E. Nelson, Jr., for Raymond R. Rich to attend 51st Annual Con- ference of CWPCA in San Diego, be approved and that authority be granted to issue warrant in the amount of $298. 00 to Raymond R. Rich. Motion carried. Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, dated March 13, 1979, advising that Vern F. Kyckelhahn, Foreman, will retire from employment with the City effective close of business May 3, 1979, was presented. It was moved byYbarr.Cl" seeonaedbyMcCormick, that the resignation for retirement purposes of Vern F. Kyekelhahn,~ accepted. Motion carried. effective May 3, 1979, It was moved by Gonzales, seconded by McCormick, that the City Attorney be instructed to prepare a resolution commending Vern F. Kyckelhahn for his years of service to the City of Vernon. Motion carried. California Statewide Integrated Traffic Records System (SWITRS) Report with a run date 03/05/79, provided by the State of California as a result of the City of Vernon's participation in the Statewide Integrated Traffic Records System, was presented. It was moved by McCormick, seconded by Ybarra, that the SWITRS Report be received and filed. Motion carried. Report of Health Department Activities for the month of February 1979, was presented. It was moved by McCormick, seconded by Ybarra that the Health Depart- ment Activity Report for February 1979 be received and filed. Motion carried.~ Police Department Activity Log for the period March 1 - 15, 1979, was pre sented. It was moved by Ybarra, seconded by McCormick, that the Police Depart- ment Activity Log for the period March 1 - 15, 1979, be received and filed. Motion carried. "Warrant Register No. 521" covering claims and demands presented during the period March 1 to 16, which includes Demands Nos. 9-559 to 9i,f721 (both inclusive) drawn on the United California Bank, totaling $228,817.87 (Light and Power Warrants $4,117,393.64 (Accounting Period March 1979), was exam ined and audited. It was moved by Ybarra, seconded by lCaeser, that "Warrant Register No. 521" be approved and payment authorized for Demands Nos. 9-559 to 9-721 (both inclusive), with no exceptions. Motion carried. 268 I I I I I -3- 3 / 20 / 79 Communication from S. E. Hogan, Chief of Police, dated March 15, 1979, requesting an additional $26,000000 for the Police Department "over- time" budget, for the remainder of the 1978-79 Fiscal Year, in order to balance the overtime budget and insure availability of funds for future overtime usage, was presented. It was moved by Kaeser, seconded by Ybarra, that this matter be re- ferred to the City Administrator and the Chief of Police for study and report at the next meeting of the City Council. Motion carried. Communication from Tte Ohio Casualty-West Axrerican Insurance Com- pany, dated March 7, 1979, to City of Huntington Park, with copy to City of Vernon, Cwnty of Los Angeles, and Superior Signal Service, on behalf of their insured, Fred Harrell, regarding accident (Date of Loss 2/27/79) because of alleged malfunctioning of traffic signal at Boyle Avenue-State Street-Slauson Avenue, requesting proper claim forms and procedures in order that sub- rogation claim may be resolved at the earliest possible time, was presented. It was moved by Ybarra, seconded by Kaeser, that the item IE xt above be referred to the City Administrator and the City Attorney for investigation and recommendation. Motion carried. Notice of Filing of Application No. 58724, by Southern California Gas Company before the Public Utilities Commission of the State of California on March 2, 1979, requesting authority to increase its rates by an amount sufficient to offset changed gas costs under its approved Purchased Gas Adjustment pro- cedures, was presented. It was moved by Gonzales, seconded by Ybarra, that the Notice of Filing by Soothern California Gas Company before the P. U. C. be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, requesting authority and funds for Albert B. Mervish, Chief Deputy City Clerk, to attend 7th Annual Conference, City Clerks' Association of California, at Fresno, April 25 - 27, 1979, with an expense allowance of $276.00, was presented. It was moved by Kaeser, seconded by Gonzales, that the request of the City Administrator for authority and funds for Albert B. Mervish to attend 7th Annual Conference, City Clerks' Association of California, at Fresno, April 25 - 27.z 1979, be approved and authority granted to issue warrant in the amount of $2'{6. 00 to Albert B. Mervish. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, requesting authority and funds to attend 20th Annual Seminar, California Municipal Treasurers' Association, San Diego, April 17 - 20, 1979, with an expense allowance of $416.00, was presented. It was moved by Gonzales, seconded by Ybarra, that the request of the City Administrator for authority and funds to attend 20th Annual Seminar, California Municipal Treasurers' Association, San Diego, April 17 - 201 1979, ~af>JiiOved and authority granted to issue warrant in the amount of $410.00 to Bruce V. Malkenhorst. Motion carried. Communication from Chief of Police S. E. Hogan, dated Mardl 1, 1979, requesting that J. R. Ormesher be advanced to Clerk, Grade 2, effective April 1, 1979, on the basis of merit, having served one year in present grade, was presented. (Deferred at the meeting of March 6, 1979) It was moved by Kaeser, seconded by Ybarra, that this item be deferred for consideration in executive session later this same day. Motion carried. Communication from Chief of Police S. E. Hogan, dated March 1, 1979, advising that Capt. A. E. Chrisman has been off duty over five months 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 commending Capt. Chrisman for his nearly thirty- one years service with the City of Vernon. (Deferred at the March 6, 1979 meeting) It was moved by Gonzales, seconded by Kaeser, to defer to executive session, later this same day. Motion carried. 269 I I I I I -4- 3/20/ 79 Resolution~o. 4635 - A Resolution of the City Council of the City of Vernon, Ca:Luorma, EsfiOlishing Health Permit Fees Applicable to All Permits Granted By the City of Vernon Pursuant to Section 11.25 and Section 13.7 of the Vernon City Code and Repealing Resolution No. 4558, was presented.. . It was moved by Kaeser, seconded by Gonzales that Resolution No. 4635 be approved and adopted. Motion carried. AYES: Kaeser, Gonzales, McCormick, Ybarra, Malburg NOES: None Absent: None Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 19, 1979, advising that Fire Chief Bass has recommended that Autofiremen James Wolcott and Fred Helmer be paid as,Engireers 3, effective March 1, 1979, on a temporary basis, while utilized in duties abCJl e their normal rated position, re~om:inendtqapW()'(Jal:~:s~iij, personnel action, was presented. It was moved by Ybarra, seconded by McCormick,. that the recommend- ation and request to pay James Wolcott and Fred Helmer at Engineer 3 scale, be approved. Motion carried. Communication from Kenneth M. Simon, attorney for Richard Ferris, President of Hickory's Best, Inc., dated March 19, 1979, filing a claim against the City of Vernon for monetary damages to redress certain wrongs which were allegedly com mitted against Mr. Ferris by agents of the Vernon Police Department while acting on behalf of, and in the course of their duties as authorized agents of the City of Vernon; the letter serves to initiate the claim in the sum of $225,000.00, pursuant to Government Code, Section 910, was presented. It was moved by Kaeser, seconded by Ybarra, that this subject be de- ferred to executive session later this same day. Motion carried. Resolution No. 4637 - A Resolution of the City Council of the City of Vernon""COIiimenamgLon"B. Herman for His Many Years of Service to the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 4637 be approved and adopted. Motion carried. Arthur E. Nelson, Jr., Director of Public Works/Building, reported that he and tiE City Attorney were ready to submit a recommendation as to the claim presented by the Southern California Gas Company, dated February 9, 1979, for repair to main located at northeast corner of Downey Road and Fruitland Avenue, date of loss November 15, 1978, in connection with work of constructing Water Meter and Pressure Regulation Facility, Contract No. 421, in the amount of $2,228.66. David B. Brearley, City Attorney recommended, on the basis of the facts reviewed by himself and the Director of Public Works, that the claim of Southern California Gas Company, in the amount of $2,228. 66, be denied. It was moved by Kaeser, seconded by Ybarr~, that the claim submitted by Southern California Gas Company February 9, 1979, for repair to main because of damage November 15, 1978, by contractor, in connection with work on Contract No. 421, be denied. Motion carried. David B. Brearley, City Attorney recommended that the claim of Richard J. Silber, Attorney for the Vernon Fire Fighters, filed January 29, 1979, for tortious interference with contractual relationship, be denied, by operation of law. It was moved by Gonzales, seconded by Kaeser, that the claim of Richard J. Silber, for tortious interference with contractual relationship be denied by operation of law. Motion carried. 270 I I I I -5- 3 I 20 I 79 At this time, 2:45 o'clock, p. m., it was moved by Ybarra, seconded by McCormick, that the City Council recess until 3:00 o'clock, p. m., this same day. Motion carried. At 3:00 o'clock, p. m., the City Council reconvened, all members being present. At this time the City Administrator annwnced that this was the time for the hearing to consider the recommendation that Jean Hoffman be terminated from employment with the City of Vernon. The City Administrator advised the City Council that the City of Vernon was represented by Richard Whitmore of the law firm of Whitmore and Kay. Mrs. Jean Hoffman was present and represented by Mr. Richard J. Silbermd Mollie E. Wilson, of the law firm of Silber, Benezra and Taslitz. Rosemary S. Treher was present as a Certified Shorthand Reporter to record the proceedings verbatim, for reduction to a transcript. The Mayor then asked Mr. Whitmore to proceed on behalf of the City of Vernon. The proceedings then began, with Mr. Richard J. Silber representing Mrs. Jean Hoffman. At this time, 4:25 o'clock, p. m., the Mayor declared a fifteen minute recess. The City Council reconvened at 4:40 o'clock, p. m., all members being present. The proceedings continued until 6:03 o'clock, p. m.." _ It was niovedby . K;aeser, ,.vs..td8d'b, ;~4. to adjourn the hearing until 4:00 o'clock, p. m., April 5, 1979. At this time, 6:05 o'clock, p. m., it was moved by Kaeser, seconded by McCormick, that the City Council go into executive session in accordance with Attorney IClient privilege. Motion carried. All persons, with the exception of the City Administrator, the City Attorney and Richard Whitmore, Special Counsel, were excluded from the executive session. Mayor Malburg ordered that all communications to and from the executive session were deemed private. At this time, 6:56 o'clock p. m., it was moved by McCormick, seconded by Ybarra, that the City Council go ont of executive session and resume regular session. Motion carried. There being no further business to come before the meeting, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn until 4:00 o'clock, p. m., March 22, 1979. Motion carried. , ----- I ~~~~_____ BRUCE V. MALKENHORST City Administrator ICity Clerk 271. I . I .. I 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 ___Tuesday____, March 20., . 1979 , 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_Thu!:,sday ____, _March_22L________, 1979, . at four o'clock p.m., in the Council Chamber of the City Hall, -------. located at 4305 Santa Fe Avenue, Vernon, California. zf~~__-" BRUCE V. MALKENHORST City Administrator/City Clerk .'