19790717 Regular City Council Meeting - Minutes
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCI~J HELD JULY 17, 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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MEMBERS PRESENT: Kaeser, McCormick, Ybarra, Malburg
MEMBERS ABSENT: Gonzales
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by McCormick, that the minutes of
the meeting held July 3, 1979, be approved as submitted. Motion carried.
The City Clerk announced that this was the time and place for open-
ing of bids for Power Impactor/Hydraulic Hammer, Allied Model 33 Hy-Ram
Street and Water Department.
The City Clerk announced that no bids had been received for this item.
The City Clerk announced that this was the time and place for open-
ing of bids for Electronic Cash Register for City Clerk's Office.
It was moved by Kaeser, seconded by Ybarra, that the Clerk be in-
structed to open and read the bids submitted. Motion carried.
The City Clerk opened and read the following bids:
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N. C. R. Corporation
A. M. International
WilkBnsen & Young Cash Register Co.
L. A. Cash Register
Marchant/Addmaster
$5,231. 47
5,306.40
2,538.70
3,572.20
No Bid
It was moved by McCor~mick, seconded by Ybarra that the bids
received for Electronic Cash Register for the City Clerk"s Office, be refer-
red to the Purchasing Agent for recapitulation and report. Motion carried.
At this time, 2:15 o'clock, p. m., the Council recessed for thirty
minutes.
The Council resumed session at 2 :45 o'clock, p. m.
Communication from Director of Finance, transmitting Finance Com-
mittee minutes of July 9 and 16, 1979 meetings, requesting approval of the
recommendations contained in July 16 minutes, and the July 9 meeting, as
modified.
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It was moved by McCormick, seconded by Ybarra that the minutes of
the Finance Committee meetings held July 9 and 16, 1979, be approved, and
that the recommendations contained therein be adopted as submitted and/or
modified. Motion carried.
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"Warrant Register No. 529" covering claims and demands presented
during the period July 1 to 16, which includes Demands Nos. 9-1443 to 9-1570
(both inclusive) and Demands Nos. 91000 to 91015 (both inclusive) drawn on
the United Cal ifornia Bank, totaling $85,826.00 (Light and Power Warrants
$3,007.52) (Accounting Period June and July 1979) was examined and audited.
It was moved by Ybarra, seconded by Kaeser, that "Warrant Register
No. 529" be approved and payment authorized for Demands Nos. 9-1443 to
9-1570 (both inclusive) and Demands Nos. 91000 to 91015 (both inclusive),
with no exceptions. Motion carried.
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"Payroll Warrant Register No. 265" covering claims and deImnds
presented during the period June 1 - 30, 1979, which includes Demands Nos.
2848 to 2866 (both inclusive), drawn on the Crocker National Bank, totaling
$447,280.70 (Accounting Period June 1979) was examined and audited.
It was moved by Ybarra, seconded by Kaeser, that "Payroll Warrant
Register No. 265" be approved and payment authorized for Demands Nos.
2848 to 2866 (both inclusive) with no exceptions. Motion carried.
Police Department Activity Log, July 1 to July 16, 1979, was presented.
It was moved by Kaeser, seconded by Ybarra, that Police Department
Activity Log, July 1 to July 16, 1979, be received and filed. Motion carried.
Report of Health Department Activities, Month of June 1979, was
presented.
It was moved by Ybarra, seconded by Kaeser, that Health Department
Activity Report, Month of June 1979, be received and filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator ICity
Clerk, dated July 10, 1979, requesting authority to promote Frank Murillo,
Purchasing Agent, from Step 4 to Step 3, effective August 1, 1979, based on
additional responsibility and merit, having been in grade one year, was
presented.
It was moved by Kaeser, seconded by Ybarra, that the request of
the City Administrator, to promote Frank Murillo, Purchasing Agent, from
Step 4 to Step 3, be approved. Motion carried.
Communication from Southern Cal ifornia Edison Company, dated July
10, 1979, to the City Attorney, along with 32,659 pages of documentation
provided to the intervenors in the FERC Docket ER 79-150, asking remittance
in the amount of $1,959.54 for reproduction of ducoments, at 6~ per page, was
presented.
It was moved by Ybarra, seconded by McCormick that the invoice for
reproduction of 32, 659 pages of documentation at6~ per page, in the amount
of $1,959.54 be approved, and autheritygranted to issue warrant in the amount
of $1,959.54 to Southern California Edison Company. Motion carried.
Councilman Kaeser abstained from voting on this motion.
Communication from Arthur E. Nelson, Director of Public Worksl
Building, dated July 10, 1979, advising tlRt the Cal ifomia Enviromrental
Quality Act is not applicable to restructuri~ or approval of rates which the
f:UbliC agency finds are for the purpose of (1) meeting operating expenses,
2) purchasing or leasing supplies, (3) meeting financial reserve needs,
4) obtaining funds for capital projects to maintain service within existing
service areas, or (5) obtaining funds necessary to maintain intra-city trans-
fers as are authorized by city charter; claim for exemption is supported by
incorporating written findings in the record of the proceeding, and that re-
structuring of rates of the Water Department will increase revenues approxi-
mately $200,000 and these funds are needed for the purposes enumerated
abo~e, was presented.
Based on further elaboration by Arthur E. Nelson, to the reasons
enumerated above in his letter, it was moved by Ybarra, seconded by Kaeser,
that the findings of the council requires no environmental impact study and
report for restructuring or approval of the proposed water rates. Motion
carried.
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OR.DlXANCE NO. 891 - An Ordinance of the City Council of the City
of VernonAnienOingftieCoae- of the City of Vernon, California, 1959, by
Amending Sections 25.1, 25.2, 25.3, 25.5 and 25.8 of said Code, Establish-
ing Rates for the Sale of Water in Said City; Prescribing Penalties for the
Violation of Any Provision of This Ordinance and Repealing All Ordinances
and Parts of Ordinances in Conflict Therein, Specifically Ordinance No. 870,
was presented.
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It was moved by Kaeser, seconded by Ybarra, that Ordinance No.
891 receive and pass a second and final reading by title, and that Ordinance
No. 891 be approved and adopted. Motion carried.
AYES: Kaeser, Ybarra, McCormick, Malburg
NOES: None
Absent: Gonzales
Communication from David B. Brearley, City Attorney, dated July 10,
1979, transmitting copy of letter dated June 7, 1979 from the District Attorney's
Office of Los Angeles County, advising that based on the evidence currently
available, it was decided not to appeal Judge Keene's ruling in the case of
People v. David B. Brearley, A347645 and A347646, and that the dismissed
proceedings would not be reinstituted, was presented.
It was moved by Kaeser, seconded by Ybarra, that the communications
submitted by the City Attorney be received and filed. Motion carried.
Communication from Richard G. Lillard, Foreman, 1978-79 Grand
Jury of the County of Los Angeles, dated June 19, 1979, transmitting for
study and evaluation its Final Report, was presented.
It was moved by Kaeser, seconded by Ybarra, that the Final Report
of the 1978-79 L. A. County Grand Jury, and cover letter be received and
filed. Said Final Report is available at the Vernon City Library. Motion
carried.
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Claim against the City of Vernon, the Vernon Police Department,
Police Officers J. Ullmer and D. Wrobel, alleging false arrest and personal
damages, submitted by R. Samuel Paz, attorney for claimant Amado Joe
Seja, received July 12, 1979, asking $10,000.00 as of the date of presentation
of the claim and a further amount unknown for Dr. Sterling W. Allred, was
presented.
It was moved by McCormick, seconded by Ybarra, that the claim of
Amado Joe Seja be referred to the City Attorney for review and recommend-
ation. Motion carried.
Communication from Arthur E. Nelson, Director of Public Works/
Building, dated July 11, 1979, advising that the work of Traffic Signal In-
stallation, Pacific Boulevard and Leonis Boulevard (Contract No. 425) has
been completed, recommending that the work be accepted and that authority
be granted to pay the Contractor, Signal Maintenance, in accordance with
the agreement, was presented.
Resolution No. 4665 - A Resolution of the City Council of the City of
Vernon Accep1"fiig....tli-e""W ork-on Traffic Signal Installation at Pacific Boulevard
and Leonis Boulevard, in Accordance With Contract No. 425 of the City of
Vernon, was presented.
It was moved by Kaeser, seconded by Ybarra, that Resolution No.
4665 be approved and adopted. Motion carried.
AYES: Kaeser, Ybarra, McCormick, Malburg
NOES: None
Absent: Gonzales
Communication from Arthur E. Nelson, Director of Public Works/
Building, dated July 11, 1979, reporting Oscar Mayer & Company's concern
for safety at the intersection of Boyle and Vernon Avenues; a study has
determined that one additional 20,000 lumen mercury vapor light should be
added, at an annual cost of approximately $105.00 (cost of installation to be
submitted at the council meeting), recommending authorization to install one
additional 20,000 lumen mercury vapor light at said intersection, was presented.
It was moved by Ybarra, seconded by McCormick, that the request of
the Director of Public Works be approved, and authority granted for the install-
ation of said lighting. Motion carried.
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Communication from George F. Bass, Fire Chief, dated July 12,
1979, submitting letter of resignation of Rosalinda Aguirre, Secretary,
effective August 10, 1979, was presented.
It was moveg,Q.y Kaeser, seconded by Ybarra, that the resignation
of Rosalinda Aguirre, effective AuglB t 10, 1979, be accepted. Motion
carried.
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Communication from George F. Bass, Fire Chief, dated July 12,
1979, requesting approval and funds to purchase four (4) exer-cycles, at
an approximate cost of $60.00, one at each fire station, for use by on duty
firefighters as part of a volWltary in-house physical fitness program, was
presented.
It was moved by McCormick, ,seconded by Kaeser, that the reque st
of Fire Chief Bass be approved, and authority granted to purchase the
equipment specified above, for utilization as stated. Motion carried.
Communication from George F. Bass, Fire Chief, dated July 12,
1979, requesting approval and funds to replace 28 hat badges and 16 coat
badges, at an approximate cost of $900.00, replacement of hat and coat
badges lost during last summer's labor dispute, was presented.
It was moved by Kaeser, seconded by McCormick, that the request
of Fire Chief Bass be approved, and authority granted to purchase the
badges at an approxirm te cost of $900.00. Motion carried.
Communication from Arthur E. Nelson, Director of Public Works/
Building, advising that Rol Cordary, owner of Ben's General Store, 5218
Santa Fe Avenue, has requested a variance from the Uniform Building Code,
1976 edition, to construct an opening on the property line in the wall of the
building at 5214 Santa Fe Avenue, for expansion purposes, recommending
the variance be granted on condition a letter be furnished to the Public Works
Department securing permission of the adjoining property owners for the
opening, and that if at any time, the use, occupancy, ownership or tenancy
changes, the alteration wi 11 revert to the original condition, was presented.
It was moved by McCormick, seconded by Ybarra, that the requested
variance for Ben's General Store, from the UBC 1976 edition, be granted,
under the colli ition specified regarding adjoining property owners permission
and use, occupancy, ownership or tenancy change. Motion carried.
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CommWlication from Maria Teresa Noriega, Communications Oper-
ator/Dispatcher, dated July 12, 1979, submitting her resignation from the
Police Department, effective end of business day, July 12, 1979, was
presented.
It was moved by Kaeser, seconded by Ybarra, that the resignation of
Maria Teresa Noriega, effective close of business July 12, 1979, be
accepted. Motion carried.
ORDINANCE NO. 892 - An Ordinance of the City of Vernon Amending
Ordinance1'JO:-1rn7""ProvTmng For the Licensing, Impounding and Regulating
The Keeping, Sale and Exhibition of Animals and Adopting by Reference The
Animal Control Ordinance of the County of Los Angeles, as Amended June
19, 1979, Amending Section 3.3 and Repealing All Ordinances and Parts of
Ordinances in Conflict Therewith, was presented.
It was moved by Ybarra, seconded by Kaeser, that Ordinance No. 892
receive and pass a first reading. Nbtion carried.
It was moved by Kaeser, seconded by Ybarra, that Ordinance No. 892
be approved and adopted as an urgency ordinance. Motion carried.
AYES: Kaeser, Ybarra, McCormick, Malburg
NOES: None
Absent: Gonzales
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Communication from City Administrator/City Clerk, dated July 17,
1979, transmitting minutes of Personnel Committee meeting, July 16, 1979,
requesting approval of recommendations therein, was presented.
It was moved by Kaeser, seconded by Ybarra, that the minutes of
the Personnel Committee meeting held July 16, 1979, be approved and that
the recommendations contained therein be adopted. Motion carried.
Hearing on the recommendation to terminate Jean Hoffman (Deferred
to this meeting at the July 3, 1979 session).
It was moved by Ybarra, seconded by Kaeser, that this item be con-
tinued until the next regular meeting, August 7, 1979. Motion carried.
The City Attorney presented a communication that the Pacific Tele-
phone and Telegraph Company on June 6, 1979 filed an application with the
Public Utilities Commission for authority to establish charges for Directcr y
Assistance Service furnished within the State of California. The proposed
plan would permit the telephone company to charge for those calls made to
Directory Assistance in excess of 20 calls per line per month.
It was moved by Ybarra, seconded by Kaeser, that the Notice of
Filing Application for Charges for Directory Assistance Service, by Pacific
Telephone and Telegraph Company, be received and filed. Motion carried.
Arthur E. Nelson, Director of Public Works, reported that the Com-
munications Tower, City Hall, has been grounded, with the assistance of
Councilman Kaeser. This item was discussed at the council meeting of
July 3, 1979.
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At this time, 3:28 o'clock, p. m., it was moved by Ybarra, seconded
by Kaeser, that the City Council go into executive session under Section
54957 of the Government Code. Motion carried.
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All persons with the exception of the City Administrator, the City
Attorney and Fire Chief George F. Bass were excluded from the executive
session.
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Mayor Malburg ordered that all communications to and from the
executive session were deemed private.
At this time, 4:08 o'clock, p. m., Councilman Gonzales arrived to
participate in the remainder of the council's session.
At this time, 4:10 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 McCormick, seconded by Ybarra, that the recom-
mendation of Fire Chief Bass to discipline Fireman James A. Wolcott, by
30 days' suspension without pay; suspension of all trading privileges for
six months; and suspension of early relief and stand by privileges for six
months, be approved. Motion carried.
Communication from the City Administrator/City Clerk, dated July
17, 1979, advising that Fire Chief George Bass has recommended that the
City delay instituting the voucher system for uniform allowance until next
year, recommending that payment of a lump sum of $150.00 be made on
August 1st of this year, was presented.
It was moved by McCormick, seconded by Ybarra, that the recom-
mendation of Fire Chief Bass regarding uniform allowance payment be
approved. Motion carried.
Resolution No. 4659 - A Resolution of the City Council of the City
of Vernon Approving a Budget for the Fiscal Year 1979- 1980, was presented.
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It was moved by McCormick, seconded by Gonzales, that Resolution
No. 4659 be approved and adopted. Motion carried.
AYES: McCormick, Gonzales, Ybarra, Malburg, Kaeser
NOES: None
Absent: None
It was moved by McCormick, seconded by Ybarra, that Fire Chief
George F. Bass be granted a 7% merit pay increase, effective July 1, 1979.
Motion carried.
There being no further business to come before the council, it was
moved by Kaeser, seconded by Ybarra, that the meeting adjourn. Motion
carried.
ATTEST:
y({44~/ frZ~
BRUCE-V.-MALKENHORST-------
City Administrator ICity Clerk
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