19790417 Regular City Council Meeting - Minutes
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MINUTES OF A REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF VERNON HELD APRIL
17, 1979, AT lWO 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: Kaeser, McCormick, Ybarra, Malburg
COUNCIL ABSENT: 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 April 5, 1979, be approved as submitted. Motion
carried.
Communication from Arthur E. Nelson, Director of Public Works/
Building, dated April 17, 1979, submitting for consideration an Environ-
mental Checklist for a proposed annexation and prezoning of property
located in Los Angeles County adjacent to the City of Vernon - Malabar
Annexation No.1, recommending that in accordance with the California
Environmental Protection Act of 1970, City Resolution No. 4150 and the
Environmental Checklist, a negative declaration for the proposed Annex-
ation and Prezoning be adopted, was presented.
After discussion by Fire Chief George F. Bass, Louis S. Hauger,
Director of Environmental Health, Lewis R. Adams, Water Department
and Arbhur E. Nelson, Director of Public Works/Building, it was moved
by McCormick, seconded by Ybarra, that a negative environmental impact
statement be adopted. Motion carried.
Communication from S. E. Hogan, Chief of Police, dated March
16, 1979, requesting authority and funds for Lieutenant Brad Bunker to
attend Annual Spring Conference of California Association of Police Train-
ing Officers, Santa Barbara, April 19 - 21, 1979, with an expense allowance
of $147.50, was presented. (Deferred at meeting of April 5, 1979)
It was moved by Ybarra, seconded by McCormick, that the request
of Chief Hogan for authority and funds for Lt. Bunker to attend CAPTO
meeting, Santa Barbara, April 19 - 21, 1979, be approved and authority
granted to issue warrant in the amount of $147.50 to Lt. Brad Bunker.
Motion carried.
Communication from Arthur E. Nelson, Director of Public Works/
Building, dated April 9, 1979, advising that Street Sweeping, 1976 - 78,
Contract No. 399, awarded to R. F. Dickson Company, Inc., has been
completed, was presented.
Resolution No. 4640 - A Resolution of the City Council of the City
of VernonAccepfingllie"'Work for Street Sweeping 1976 - 1978, in Accordance
With Contract No. 399 of the City of Vernon, was presented.
It was moved by Ybarra, seconded by Kaeser, that Resolution No.
4640, be approved and adopted. Motion carried.
AYES: Ybarra, Kaeser, McCormick, Malburg
NOES: None
Absent: Gonzales
Communication from Lupe Balderas, dated April 10, 1979, submitting
her resignation, as Dispatcher, Communications Center, effective close of
business April 22, 1979, was presented.
It was moved by Kaeser, seconded by Ybarra, that the resignation of
Lupe Balderas, effective close of business April 22, 1979, be accepted. Motion
carried.
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4/ 17 / 79
Communication from Bill Greene, State Senator, 29th District, dated
April 9, 1979, acknowledging receipt of telegram from the City regarding
Senate Bills 186 and 154, was presented.
It was moved by McCormick, seconded by Ybarra, that the communic-
ation from Senator Greene be received and filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator /
City Clerk, requesting approval of Fire Chief's recommendation that
Battalion Chiefs Patrick N. Moorehead, Robert N. Simensen and Lloyd D.
Schaltz be ~ rmanently appointed, with restrictions and conditions, effective
May 1, 1979, was presented.
It was moved by Ybarra, seconded by Kaeser, that the request for
permanent appointment of the three battalion chiefs, be referred to the
Finance Committee for review and recommendation. Motion carried.
Communication from Frank Murillo, Purchasing Agent, dated
April 13, 1979, requesting authorization to purchase two black and white
Police Units from the Los Angeles County Co-Operative Purchasing Pro-
gram, at a cost of $6,453. 40 each, plus tax, both items having been budgeted,
was presented.
It was moved by Kaeser, seconded by Ybarra, that the request of
the Purchasing Agent be approvedr and authority granted to purchase two
black and white units from the L. A. County Co-Operative Purchasing
Program, at a cost of $6, 453. 40 each, plus tax. Motion carried.
Communication from Henry L. WUson retired Police Officer,
dated April 6, 1979, advising he was informed in order to retain his
medical insurance coverage with Great-West Life Assurance Company,
he would have to pay $1,000.00 in back Police Association dues; asking
that the City of Vernon include him in their group health plan under Con-
necticut General, so that he may convert it and pay premiums, was pre-
s ented.
It was moved by Ybarra, seconded by Kaeser, that this item be
referred to the Finance Committee. Motion carried.
Police Department Activity Log for the period April 1 - 15, 1979,
was presented.
It was moved by Kaeser, seconded by Ybarra, that the Activity Log
of the Poliee Department, April 1 - 15, 1979, be received and filed. Motion
carried.
Report of Health Department Activities, month of March, 1979, was
presented.
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It was moved by Ybarra, seconded by Kaeser, that the Health Depart-
ment Activity Report, month of March 1979, be received and filed. Motion
carried.
"Warrant Register No. 523" covering claims and demands presented
during the period April 1, - 15, which includes Demands Nos. 9-809 to
9-949 (both inclusive) drawn on the United California Bank, totaling
$4,356,167.72 (Light and Power Warrants $4,305,465.02) (Accounting
Period April, 1979) was examined and audited.
It was moved by Ybarra, seconded by Kaeser, that "Warrant Register
No. 523" be approved and payment authorized for Demands Nos. 9-809 to
9-949 (both inclusive), with no exceptions. Motion carried.
"Payroll Warrant Register No. 262" covering clainB and demands
presented during the period March 1 - 31, 1979, which includes Demands
Nos. 2791 to 2807 (both inclusive) drawn on the Crocker National Bank,
totaling $486,983.36 (Accounting Period March 1979), was examined and audited.
It was moved by Ybarra, seconded by Kaeser, that "Payroll Warrant
Register No. 262" be approved and payment authorized for Demands Nos.
2791 to 2807 (both inclusive), with no exceptions. Motion carried.
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Communication from Bruce V. Malkenhorst, City Administrator/
City Clerk, dated April 10, 1979, requesting authority and funds for Keith
K. Kaeser to attend California Contract Cities Association, 20th Annual
Municipal Seminar, Palm Springs, May 17 to May 20, 1979, with an expense
allowance of $500.00, was presented.
It was moved by Ybarra, seconded by Kaeser, that the request of
the City Administrator/City Clerk for authority and funds for Keith K. Kaeser
~~'~~:~~v~t~n:~:~i:~:3~~~~eP:~~r~rii~ ~e ~:o~~t -o~~5J8.78d
to Keith K. Kaeser. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator /
City Clerk, dated April 10, 1979, requesting authority and funds for Thomas
A. Ybarra to attend California Contract Cities Association.l 20th Annual
Municipal Seminar, Palm Spri~s, May 17 to May 20, 197~, with an expense
allowance of $475.00 was presented.
It was moved by Kaeser, seconded by McCormick, that the request
of the City Administrator/City Clerk for authority and funds for Thomas A.
Ybarra to attend 20th Annual Municipal Seminar, Palm Springs, May 17-20,
1979, be approved and authority granted to issue warrant in the amount of
$475.00 to Thomas A. Ybarra. Motion carried.
Communication from Arthur E. Nelson, Director of Public Works/
Building, dated April 12, 1979, advising that Latchford Glass Company has
requested to extend permit for two temporary trailers to February 15, 1980,
recommending that the extension be granted, with the usual permit fees, was
presented.
It was moved by Kaeser, seconded by McCormick that the extension
of permit for two temporary trailers, Latchford Glass Company, be approved
with the usual permit fees, until February 15, 1980. Motion carried.
Disciplinary Hearing for Officer R. L. Michalski, for violation of
Sections 400.1, 400.11, 400.37 and 400.52 of the Vernon Police Department
Manual of Police Ethics and Procedure, was scheduled for this meeting at
4:00 o'clock, p. m. ,
Mr. Richard Shinee, of the law firm of Lewis & Marenstein, appeared
on behalf of Mr. John B. Furay, attorney for Officer Michalski, requesting
that this hearing be continued at another date.
It was moved by Ybarra, seconded by Kaeser, that the disciplinary
hearing for Officer R. L. Michalski be continued until the next Ie guJarly
scheduled meeting of the City Council, May 1, 1979, at 4:00 o'clock, p. m.
Motion carried.
It was moved by Ybarra, seconded by Kaeser, that consideration of
the recommendation of Bruce V. Malkenhorst, Municipal Employees Relations
Representative, dated April 9, 1979, that recognition of Vernon Police Officers
Benefit Association be suspended and/or revoked, as provided in Section 10 C 1
of Resolution No. 4027, be continued until the next regularly scheduled meeting
of the City Council, May 1, 1979, at 6:00 o'clock, p. m. Motion carried.
Resolution No. 4641 - A Resolution of the City Council of the City of
Vernon 'Urgfiig 'LegiSratwn to Assure the Early Construction of the Peripheral
Canal Unit of the State Water Project, was presented.
;It was moved by McCormick, seconded by Ybarra, that Resolution
No. 4641 be approved and adopted. Motion carried.
AYES: McCormick, Ybarra, Kaeser, Malburg
NOES: None
Absent: Gonzales
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Mayor Malburg ackno\\tedged the presence of Randy Echols in the
audience.
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Mr. Echols, a representative in the field office of Senator Bill Greene,
responded that hisllPpearance was merely a courtesy call.
At this time, 2 :27 o'clock, p. m., it was moved by McCormick, seconded
b}TYbarra, that the City Council go into executive session, in accordance with
Attorney/Client privilege. Motion carried.
All persons, with the exception of the City Administrator/City Clerk
and the City Attorney, were excluded from the executive session.
Mayor Malburg ordered that all communications to and from the ex-
ecutive session were deemed private.
At this time, 3:55 o'clock, p. m., it was moved by Ybarra, seconded
by McCormick, that the City Council go out of executive session and resume
regular session. Motion carried.
It was moved by Kaeser, seconded by Ybarra, that the hearing to con-
sider the M. E. R. R. 's recommendation to revoke the recognition of Fire
Fighters Local 2312, be continued to 5:30 o'clock, p. m., April 24, 1979, or
to the conclusion of the consideration of the discipline of the seven firemen
scheduled for 4:00 o'clock, p. m., whichever event occurs first. Motion carried.
It was moved by McCormick, seconded by Kaeser, that the claim for
damages filed January 29, 1979 by Richard Robins on behalf of Laura Ascencio
and Diana Ascencio, be rejected. Motion carried.
It was moved by McCormick seconded by Ybarra, that the claim of
Jaime Pena, Melinda Pena, Henry pena, Jr., and Michael Pena, filed April
11, 1979 by Javier B. Ramirez, Attorney at Law, on behalf of claimants, in
the amount of $500,000.00, at this time, be referred to the City Attorney and
the City Administrator/City Clerk for report and recommendation, and copy
of the claim, certified mail, be forwarded to MEDEV AC, 6717 Convoy Court,
San Diego, California. Motion carried.
It was moved by Kaeser, seconded by McCormick, that the claim for
damages dated March 28, 1979, filed by Berman and Goodfried, Inc., on
behalf of Victor Cervantes, as a result of accident March 5, 1979, be denied.
Motion carried.
It was moved by McCormick, seconded by Ybarra, that the claim of
Richard Ferris, President of Hickory's Best, Inc., dated March 19, 1979, against
the CIty of Vernon in the amount of $225,000.00, be denied. Motron carried.
It was moved by McCormick, seconded by Ybarra, that the communic-
ation from David A. Landerl. of the law firm of James E. Cusick, dated April
10, 1979, that Case No. SEl,; 23240, Francisco Roa vs. City of Vernon, has
been satisfactorily concluded, be received and filed. Motion carried.
It was moved by McCormick, seconded by Ybarra, that claimant Alfred
A. Villa, insured by National Insurance Company, be forwarded a proper claim
form. Motion carried.
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There being no further business to come before the meeting, it was
moved by Kaeser, seconded by McCormick, that the meeting adjourn until
4:00 o'clock, p. m., April 24, 1979. Motion carried.
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LEONiS-c--:-MALBVRG - Mayor
ATTEST: ..... .... .
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BRUCE V. MALKENHORST
City Administrator/City Clerk
the City of Vernon, held __Tues9J_..:..____'
April 17, 1979
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ORDER OF ADJOURNMENT OF MEETING
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
1979, in the Coone il Chamber of the City Hall, located at 4305 Santa Fe
Avenue, Vernon, California,was adjourned by Order of the City Council
(quorum present) until_ Tu~d.9:Y..____' ____~ril...?4L.!979 ___, 1979,
at _3:00___ o'clock po m., in the Council Chamber of the City Hall,
I. . located at 4305 Santa Fe Avenue, Vernon, California.
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BR CE V. MALKEN~~---------
City Administrator leity Clerk
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