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19790807 Regular City Council Meeting - Minutes 337 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, HELD AUGUST 7, 1979, AT TWO O'CLOCK, P.M., IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA I MEMBERS PRESENT: Gonzales, Kaeser, McCormick, Ybarra, Malburg MEMBERS ABSENT: NONE I The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Gonzales, that the minutes of the meeting held July 17, 1979, be approved as submitted. Motion carried. Petition for Writ of Mandate, Fred S. Colvin, Petitioner vs. City of Vernon, a municipal corporation; Bruce V. Malkenhorst, as City Administrator/City Clerk and Finance Director, in his official and representive capacity, Respondents, received July 19, 1979; peti- tioner seeks the sum of $1068.20 as salary/wages for seven days (July 6,7,10-14,1978); damages in the sum of $1068.20, plus the appropriate required contribution to PERS; costs of suit incurred herein, and for reasonable attorney fees, was presented. It was moved by McCormi ck, seconded by Gcnza 1 es that thl: Peti ti on for Writ of Mandate, Colvin vs. City of Vernon, be referred to the City Attorney and that the City Attorney be instructed to defend the City of Vernon and its officers in said action. I Notice of Entry of Judgement, Case No. 78515 N, Small Claims Div- ision, Southeast Judicial District, County of Los Angeles, Ernest T. Brazil vs.City of Vernon, entered July 19, 1979, that plaintiff Brazil take nothing from defendant on his claim for vacation pay, was presented. It was moved by Ybarra, seconded by Gonzales, that Notice of Entry of Judgement in the above entitled court and cause, be received and filed. Motion carried. Complaint For Recovery of Ad Valorem Property Taxes (Calif. Rev. & Taxa- tion Code, Sec5140, et seq); Summons, Notice and Acknowledgement of Receipt, filed with the County Clerk, L. A. County July 24, 1979, by the Kroger Co., dba. MARKET BASKET, an Ohio Corporation, vs. County of Los Angeles, City of Vernon, et al., and Does 1 through 100, Superior Court Case # C 292508, for excessive taxes paid by Plaintiff in the amount of $458,828.24, was presented. I I It was moved by Gonzales, seconded by Kaeser, that the City Adminis- trator be authorized to execute the Notice and Acknowledgment of Receipt, and that the City Attorney be authorized to request the County Counsel to defend said action on behalf of the City of Vernon. Motion carried. Police Department Activity Log, July 16-31, 1979,was presented. It was moved by Kaeser, seconded by Ybarra, that Activity Log of the Police Department be received and filed. Motion carried. "Warrant Register No. 530" covering claims and demands presented during the period July 16 to 31, which includes Demands Nos. 91016 to 91205 (both inclusive), excluding voided Demands Nos. 91062,91087 and 91195, drawn on the United California Bank, totaling $384,308.98 (Light and Power Warrants $171,840.00) (Accounting period August 1979) was ex- amined and audited. -2- 8-7-79 It was moved by Ybarra, seconded by Kaeser, that "Warrant Register No. 530" be approved and payment authorized for Demands Nos. 91016 to 91205 (both inclusive), excluding voided Demands No. 91062,91087, and 91195. Motion carried. I "Payroll Warrant Register No. 266" coverin-g claims and demands presented during the period July 1 to 14, which includes Demands Nos. 2867 to 2877 (both inclusive) drawn on the Crocke~ National Bank, totaling $220,872.94 (Accounting ~eriod July, 1979) was examined and audited. I It was moved by Ybarra, seconded by Kaeser, that "Payroll Warrant Register No. 266" be approved and payment authorized for Demands Nos. 2867 to 2877 (both inclusive), with no exceptions. Motion carried. Communication from Arthur E. Nelson, Director of Publ,c Works/ Building Department, dated July 30, 1979, transmitting proposed Master Local Agency-State Agreements for upgrading railroad advance warning signs at various crossings in the City; Federal Funds are $5,192.00 and Vernon1s matching funds are $586.00, recommended that the agreement be approved and that the Mayor and the City Admi ni strator/City Clerk be authorized to execute the documents; was presented. It was moved by Gonzales, seconded by Ybarra, teat proposed Master Local Agency-State Agreements for upgrading railroad advance warning signs at various crossings in the City be approved, and that the Mayor and the City Administrator/City Clerk be authorized to execute the documents. Motion carried. I Communication.from City Administrator/City Clerk, dated August 1, 1979 submitted letter from Dennis J. Tavernelli, dated July 24, 1979, in which request and application is made for city-owned housing; also Mr. Taver- nelli states that he was not notified regarding his previous request for housing, dated June 23, 1976, requesting acknowledgment of this latest I~equest and notification of decision thereon. (Copies of all correspondance and notification letter of June 30, 1976 to all members of the City Council). It was moved by Kaeser, seconded by Ybarra, that the request of Dennis Tavernelli, dated July 24, 1979, for city-owned housing be received and filed. Motion carried. Communication from Arthur E. Nelson, Director of Public Works/Building, dated August 1, 1979, advising that Kal Kan Foods, Inc., 3386 E. 44th Street, has made appl i cati on for permit for temporary trailer for product evaluation for period August 2, 1979 through August 2, 1980, having been granted a permit for the past year, recommending authority be granted to issue permit, was presented. I It was moved by Kaeser, seconded by Gonzales, that Kal Kan Foods, Inc., application for temporary trailer permit for period August 2,1979 through August 2, 1980, be approved and granted. Motion carried. Communication from S.E. Hogan, Chief of Police, dated July 24, 1979, requesting authority and funds for Lieutenant L. S. Rosenkrantz to attend California Association of Polygraph Examiners Seminar, San Diego, August 5, 1979 to August 10, 1979, with an expense allowance of $454.001 was presented. It was moved by Gonzales, seconded by McCormick, that request of Police Chief Hogan, dated July 24, 1979, for authority and funds for Lt. L. S. Rosenkrantz to attend California Association of Polygraph Examiners Seminar, San Diego, August 5 - 10, 1979, be approved and authority granted to issue warrant in the amount of $454.00 to L. S. Rosenkrantz. Motion carried. I Summons, Complaint dnd Notice and Acknowledgement of Receipt, Superior Court Case No. C 283476, Diana Ascencio, a minor, by and thru her Guardian Ad Litem, Carlos Ascencio; Carlos Ascencio, individually, vs. City of Vernon; Thomas Igyarto; Laura Ascencio, Does One thru Twenty, inclusive, 338 -3- 8~7..,79 received, August 2, 1979, for general damages, medical expenses, in- cidental expenses according to proof, costs of suit and property damg- ges according to proof, costs of suit and such other relief as the court deems just and proper, as result of traffic collision October 21, 1978, was presented. I It was moved by Ybarra, seconded by Gonzales, that this item be deferred and considered in executive session, under Attorney/Client privilege, later this same day. Motion carried. I Communication from Judy L. Fuller, Communications Operator/Dis- patcher, dated July 30, 1979, submitting her resignation from the Police Department effective close of business on August 27, 1979, was presented. It was moved by Kaeser, seconded by Ybarra, that the resignation of Judy L. Fuller, effective close of business August 27, 1979, be accepted. Motion carried. Subrogation claim, Employers National Insurance Company, on behalf of their insured Alfred R. Villa, in the amount of $2350.00; date of loss February 21, 1979, was presented. (Deferred to City Administrator and City Attorney for review and recommendation at meeting of April 5, 1979). It was moved by Kaeser, seconded by Ybarra, that this claim be de- ferred and considered in executive session, under Attorney/Client pri- vilege, later this same day. Motion carried. Subrogation claim, Automobile Club of Southern California, on be- half of their insured Mohamed A. Hamed, in the amount of $13,134.96; date of loss February 21, 1979, was presented. (Deferred to City Attorney and City Administrator for review and recommendation at the meeting of June 5, 1979). I It was moved by Kaeser, seconded by McCormick, that action on this claim be deferred to the executive session under Attorney/Client pri- vilege later this same day. Motion carried. Communication from City Administrator/City Clerk, dated August 7, 1979, transmitting minutes of Personnel Committee meeting held August 6, 1979, requesting consideration by the City Council of the recommendations contained therein,was presented. I It was moved by Gonzales, seconded by Kaeser, that the minutes of the Personnel Committee, August 6, 1979 meeting, be approved, and that the recommendations contained tfleY!'stnbe adopted. Motion carried. Complaint and Summons, Municipal Court Case No. 51661 N, Southeast Judicial District, Southern California Gas Company, a corporation, vs. City of Vernon, a municipal corporation, Tennyson Pipeline Company, a corporation-and others, for damage to 26 inch gas transmission line, Downey Road - Fruit1 and Avenue, November 15, 1978 (City of Vernon Con- tract No. 421) seeking $2,228.66 damages; costs of suit and other relief as the court deems proper, was presented. I It was moved by Gonzales, seconded by Ybarra, that complaint and summons in the above-entitled court and cause, for damages in connection with work performed by Tennyson Pipeline Company under Contract 421, be deferred and considered in executive session under Attorney/Client privilege later this same day. Motion carried. Communication from Richard A. Shinee, dated August 1, 1979, attorney for Vernon Police Officers Benefit Association, requesting that the hearing to consider revocation of V.P.O.B.A. recognition, set for hearing this date, be continued to the first regularly scheduled meeting of the City Council in September, was presented. 339 -4- 8-7-79 It was moved by Gonzales, seconded by Ybarra, that the request of Mr. Shinee, attorney for Vernon Police Officers Benefit Association, to continue the hearing to consider revocation of V.P.O.B.A. recognition, be deferred and considered in executive session, under Attorney/Client pri~ vil ege, 1 ater thi s same day. Moti on carri ed. Hearing on recommendation to terminate Jean Hoffman (Deferred to this meeting at the July 17, 1979 meeting). I It was moved by Kaeser, seconded by Ybarra, that action on this item be continued to the first regularly scheduled meeting of the Ci.ty Council, next month, September 4, 1979. Motion carried. Communication from Frank Murillo, Purchasing Agent, dated August 7, 1979, advising the City Administrator that review of the bids received and opened at the council meeting July 17, 1979, for an electronic cash register necessitates that specifications required by the City for this item be clarified; recommending rejection of all bids received, was presented. I It was moved by Kaeser, seconded by Ybarra, that the bids received and opened at the July 17, 1979 meeting, for an electronic cash register, be rejected, and that the Purchasing Agent be authorized to prepare new specifications. Motion carried. Victor Vaits, Building Department, elaborated on a communication re- ceived from California Energy Commission, dated July 30, 1979, regarding New Federal Regulations on Thermostat Setting in Non-residential Buildings, (imposing temporary, emergency restrictions on temperature settings for heating, cooling, and hot water systems in commercial, industrial and non- residential buildings). I The regulations require each operator or owner of a covered building to post by August 15,1979, a "Certification of Building Compliance'l, ex- ceptions apply. Mr. Vaits reported that the State of California Public Utilities Commission regulations require 800 thermostat compliance, as compared to 780 thermostat complaiance by the Federal D.O.E. Discussion was held regarding state/federal jurisdication in regard to this matter. It was moved by McCormick, seconded by Gonzales that this subject be referred to the City Attorney and the Director of Public Works for study, review and recommendation. Motion carried. At this time, 3:10 o'clock, p.m., it was moved by McCormick, seconded by Ybarra, that the City Council go into executi ve sess i on under Attor- ney/Client privilege. Motion carried. All persons, with the exception of the City Administrator/City Clerk, the City Attorney, and Consulting Electrical Engineer, Paul P. Hendricks, were excluded from the executive session. I Mayor Malburg ordered that all communications to and from the ex- ecutive session were deemed private. Mr. Hendricks was excused from the executive session at 3:50 o'clock, p.m., and retired from the Council Chambers. At this time, 5:40 o'clock, p.m., it was moved by McCormick, seconded by Ybarra, that the City Council go out of executive session and resume regular session. Motion carried. I It was moved by McCormick, seconded by Ybarra, that the Summoms, Complaint and Notice of Acknowledgment of Receipt, Superior Court Case No. C 283476, Diana Ascencio, a minor, by and through her guardian ad 1 i tern, Charl es Ascenci 0, et a 1, vs Ci ty of Vernon, be refered to the City Attorney and that he be instructed to refer said action to the 340 -5- 8-7-79 Joint Powers Insurance Authority for defense of said action. Motion carried. I It was moved by McCormick, seconded by Ybarra, that the subrogated claim ,of Employers National Insurance Company, on behalf of their insured Alfred R. Villa, for $2350.00 damages, be denied. Motion carried. It was moved by McCormick, secondea by Gonzales, that the subrogated claim of Automobile Club of Southern California, on behalf of their in- sured Mohamed A Hamed, in the amount of $13,134.96, be denied. Motion carried. I It was moved by Kaeser, seconded by Ybarra, that the City Attorney be authorized to institute an unlawful detainer action against Marge Garcia for failure to vacate the city-owned apartment at 3380 E. 50th Street. Motion carried. It was moved by Kaeser, seconded by Ybarra, that Complaint and Summons, Municipal Court Case No. 51661 N, Southeast Judicial District, Southern California Gas Company, a corporation, vs. City of Vernon, a municipal corporation, et al., be referred to the City Attorney for defense of same. Motion carried. It was moved by McCormick, seconded by Ybarra, that the request of Mr. Richard Shinee, attorney for Vernon Police Officers Benefit Associ- ation, to continue the hearing to consider revocation of V.P.O.B.A. recognition, be granted, and the same is set for hearing September 4, 1979. Motion carried. There being no further business to come before the City Council, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. I " ATTEST: ~-/~~ BRUCE V. MALKENHORST City Administrator/City Clerk I I 34:1.