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19790619 Regular City Council Meeting - Minutes I I I I I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, HELD JUNE 19, 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, Ybarra, Malburg MEMBERS ABSENT: Kaeser, McCormick The meeting was called to order by Mayor Malburg. It was moved by Gonzales, seconded by Ybarra, that the minutes of the meetings held June 4 and June 5, 1979, be approved as written and submitted. Motion carried. The Council then recessed until 2:20 o'clock, p.m. Communication from Frank Murillo, Purchasing Agent, dated June 14, 1979, submitting a review of the bid received from Ex- ecutive Suite Service, for City Hall Janitorial Service, Contract 0002, with a comparison to the 1978 contract: recommending that the Janitorial Contract be awarded to Executive Suite Services, was presented. RESOLUTION NO. 4655 - A Resolution of the City Council of the City of Vernon Awarding Janitorial Contract to Executi~e Suite Services, in Accordance with Contract 002, was presented. It was moved by Ybarra, seconded by Gonzales, that Reso- lution No. 4655 be approved and adopted. Motion carried. Communication from Arthur E. Nelson, Director of Public " Works/Building, dated June 7, 1979, advising that Robert E. Strong, Utility Man III, has submitted his resignation from city employ- ment, effective close of working day June 9, 1979, recommending acceptance of the resignation, was presented. It was moved by Gonzales, seconded by Ybarra, that the resignation of Robert E. Strong, Utility Man III, be accepted. Motion carried. Communication from Cindy Schultz, dated June 8, 1979, sub- mitting her resignation as dispatcher from the Police Department, effective end of business day June 24, 1979, was presented. It was moved by Gonzales, seconded by Ybarra, that the resignation of Dispatcher Cindy Schultz from the Police Department be accepted. Motion carried. Communication from Capt. L. F. Ely, Acting Chief of Police, dated June 13, 1979, advising that Officer R. J. Bennett verbally submitted his resignation to S. E. Hogan, Chief of Police, effective June 11, 1979. (written confirmation from Officer Bennett to follow) It was moved by Ybarra, seconded by Gonzales, that the resignation of Officer Bennett from the Police Department be accepted. Motion carried. 3:18 I I I I I -2- 6/ 19/ 79 Claim for damages presented by Roper and Folino, attorneys for Jean Horton Violett and Bural, Inc., against the City of Vernon, received June 13r 1979, on the basis of the law suit by Andrew Blanchard, a minor by Frederick W. Blanchard, his Guardian ad litem, against Jean Horton Violett, MTSS Leasing, a California corporation and Bural, Inc., as well as other defendants, Superior Court Case No. SEC 22751, requesting leave of the court to file cross-com- plaint against the City of Vernon, as well as other defendants, seeking damag es, if any, that would be awarded plaintiffs in the case of Andrew Blanchard, et al v. Jean Horton Violett, et al, was presented. It was moved by Gonzales, seconded by Ybarra, that the claim for damages presented by Roper & Folino, attorneys for Jean Horton Violett and Bural, Inc. the City of Vernon, be denied, and this matter referred to the City Clerk to correspond with the City's insurance carrier, and to the City Attorney for review of the Summons and Complaint in the case of Andrew Blanchard, a minor, by Fredrick W. Blanchard, his guardian ad litem, for recommendation of action to be taken. Motiorr carried. Communication from Arthur E. Nelson, Director of Public Works/Building, dated June 13, 1979, submitting Extension Rider prepared by Union Pacific Railroad Company covering license for thirty-foot private roadway located between city property on Vernon Avenue and Downey Road, used by the Water Department, ex- tending licensemted September 1, 1954 indefinitely, recommend- ing that the Mayor and City Clerk be authorized to execute the document on behalf of the City and that payment of $150.00 also be authorized. It was moved by Gonzales, seconded by Ybarra, that the Mayor and the City Clerk be authorized to execute Extension Rider prepared by Union Pacific Railroad Company, covering license for thirty-foot private roadway located between city property on Vernon Avenue and Downey Road, used by the Water Department, ex- tending license dated September 1, 1954 indefinitely, and authorizing a $150.00 payment therefor. Motion carried. Communication from Arthur E. Nelson, Director of Public Works/Building, dated June 14, 1979, advising that County of Los Angeles has requested the City Council to consider allocating Vernon's entitlement of $1,451.00 for the two year period ending June 30, 1980 under the Litter Control, Recycling and Resources Recovery Act of 1977 to the Los Angeles Countywide program. If a city does not use or allocate its entitlement, the funds will revert to the State for statewide distribution, recommending the City allocate its entitlement to the Los Angeles countywide pro- gram by resolution for the State Solid Waste Management Board to shift the funds, was pres~nted. RESOLUTION NO. 4656 - A Resolution of the City Council of the City of Vernon Allocating Vernon's entitlement of $1,451.00 for the 2 year period ending June 30, 1980 under the Litter Control, Recycling and Resources Recovery Act of 1977 to the Los Angeles Countywide program, was presented. It was moved by Ybarra, seconded by Gonzales, that Reso- lution No. 4656 be approved and adopted. Motion carried. 3:19 I I I I I -3- 6/ 19/ 79 Report of Health Department Activities, Month of May, 1979 was presented. It was moved by Ybarra, seconded by Gonzales, that the Report of Health Department Activities, Month of May, 1979, be received and filed. Motion carried. Police Department Activity Log, June 1 - 15, 1979, was presented. It was moved by Ybarra, seconded by Gonzales, that the Police Department Activity Log, June 1-15, 1979, be received and filed. Motion carried. "Warrant Register No. 527" covering claims and demands presented during the period June 1 - 15, 1979, which includes Demands Nos. 9-1252 to 9-1395 (both inclusive) drawn on the united California Bank, totaling $3,759,866.41 (Light and Power Warrants $3,671,903.81) Accounting Period June 1979, was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 527 be approved and payment authorized for Demands Nos. 9-1252 to 9-1395 (both inclusive), with no exceptions. Motion carried. "Payroll Warrant Register No. 264" covering claims and demands presented during the period May 1 - 31, 1979, which includes Demands Nos. 2826 to 2847 (both inclusive), drawn on the Crocker National Bank, totaling $466,943.48 (Accounting Period May 1979) was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No. 264 be approved and payment authorized for Demands Nos. 2826 to 2847 (both inclusive), with no exceptions. Motion carried. Communication from Ron Hedlund, dated June 14, 1979, re- questing that the City Council meet in executive session to consider reinstating the six fire fighters (Dean White, Ron Hedlund, Ron Cummings, Ron Beaver, Ray Rosprim and Michael Farrier), was pre- sented. It was moved by Gonzales, seconded by Ybarra, that the request of Ron Hedlund be referred to the Personnel Committee for consideration and action thereon. Motion carried. Communication from Arthur E. Nelson, Director of Public Works/Building, dated June 15, 1979, recommending that Ron Anderson and Luke Salerno be reclassified to utility Man III, Step 2, having been in grade one year. (Personnel actions were submitted to and reviewed with the City Administrator). It was moved by Ybarra, seconded by Gonzales, that the recommendation of the Director of Public Works tOD3classify Ron Anderson and Luke Salerno to utility Man III, Step 2, be appIOved, effective July 1, 1979. Motion carried. Communication from Richard A. Shinee, Attorney for Vernon Fire Fighters Association, Local 2312, dated June 13, 1979, responding to notice that the City Council has determined to revoke the Associa- tion's recognition: requesting, as a result of the evidentiary hearing, findings of fact and conclusions of law in said proceeding, was pre- sented. 320 I I I I I -4- 6/ 19/ 79 It was moved by Gonzales, seconded by Ybarra, that the City Attorney prepare Findings of Fact and Conclusions of Law as a result of the City Council's determination to revoke the '~ecQgnition of Vernon Fire Fighters Association, Local 2312. Motion carried. Hearing on the recommendation to terminate Jean Hoffman, set for this session of the City Council; the City Administrator announced that Special Counsel, Richard Whitmore, for the City of Vernon, and Richard Silber, attorney for Jean Hoffman, were in the process of scheduling final action in this matter. It was moved by Ybarra, seconded by Gonzales, that this item be deferred to the next regularly scheduled meeting of the City Council. Motion carried. At this time, 2:40 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 Administrator, 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, 3:00 o'clock, p.m., it was moved by Ybarra, seconded by Gonzales, that the City Council go out of executive session and resume regular session. Motion carried. Communication from the City Administrator, dated June 19, 1979, requesting authorization to employ Maria T. Noriega as Dispatcher, Communications Operator, Step 6, effective June18, 1979; and Bertha Hernandez as Dispatcher, Communications Operator, Step 4, effective June 25, 1979, was presented. It was moved by Ybarra, seconded by Gonzales, that the request of the City Administrator to employ Maria T. Noriega and Bertha Hernandez as Dispatchers, Communications Operators ( classification and effective date as above set forth) be approved. Motion carried. At this time, 3:01 o'clock, p.m., it was moved by Ybarra and 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. A 11 persons with the excepti on of the City Admi ni strator, 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, 3:25 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. At this time, 3:25 o'clock, p.m., it was moved by Ybarra, seconded by Gonzales, that the City Council go into executive session under the Attorney/ Client privilege. Motion carried. All persons with the exception of the City Administrator, 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, 3:35 o'clock. p.m., it was moved by Ybarra, seconded by Gonzales, that the City Council go out of executive session under Attorney/Client privilege, and into executive session under Section 54957 of the Government Code, at 3:40 o'clock, p.m. Motion carried. 32:1 I , I I 'I' .... I -5- 6/ 19/ 79 At this time, 4:22 o'clock, p.m., it was moved by Gonzales, seconded by Ybarra, that the City Council go out of executive session and recess for 15 minutes. Motion carried. At this time, the City Council recessed until 4:40 o'clock, p.m. All members present at the previous session of the council were again present after the recess. It was moved by Gonzales, seconded by Ybarra, that the settlement agreement proposed by the City Attorney in the Workers. Compensation Appeals Board of John C. Marx, Applicant, vs. the City of Vernon, VN 082852, be approved. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the claim for damages submitted by Morris Schwartzman for general damages, property damage, loss of earnings and medical, in the amount of $113,000.00 and estimated medical and loss of earnings totaling $16,500.00 and further expenditures, unknown at this time, as a result of accident, 38th and Alameda Streets on February 20, 1979, be denied. Motion carried. At this time, 4:55 o'clock, p.m., it was moved by Ybarra, seconded by Gonzales, that the City Council go into executive session under the Government Code, Section 54957. Motion carried. All persons with the exception of the City Administrator, 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, 5:50 o'clock,p.m., it was moved by Ybarra, seconded by Gonzales, that the City Council go out of executive session and resume regular session. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Council adjourn to June 26, 1979, at 4:00 o'clock,p.m. Motion carried. ~~.~' ,ONIS C. MALBURG, Mayor ATTEST: l5~4/L'~ -===v BRUCE V. MALKENHORST, City Administrator/City Clerk 322 I I 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 --'!'u=.sday...:..____, June 19, 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__Tuesday____, ___.!un~l6 ______, 1979, ,at 4: 00 o'clock p.m., in the Council Chamber of the City Hall, -----..... located at 4305 Santa Fe Avenue, Vernon, California. , /?,., , "".,'. , Vfi.,.,','h ---~~~- - --------- BRUCE V. MALKENHORST City Administrator/City Clerk