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19790904 Regular City Council Meeting - Minutes MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, HELD SEPTEMBER 4, 1979, AT TWO O'CLOCK, P. M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA I I MEMBERS PRESENT: Kaeser, McCormick, Ybarra, Malburg MEMBERS ABSENT : Gonzales The meeting was called to order by Mayor Malbu~g. It was moved by Ybarra, seconded by Kaeser, that the minutes of the meeting held August 23, 1979, be approved as submitted. Motion carried. The City Clerk announced that this was the time and place for opening of bids for the Electronic Cash Register for the 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: Wilkenson & Young Cash Register Co. Los Angeles Cash Register SWEDA International National Cash Register 2,538.70 3,254.20 4,668.24 6, 124. 15 I It was moved by Ybarra, seconded by McCormick, 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. Communication from Arthur E. Nelson, Director of Public Works/ Building, dated August 22, 1979, submitting Background Information For Amendment No.2 and a sample Resolution concurring with Amendment No. 2, recommending that the city concur and approve Amendment No. 2 to the Los Angeles County Solid Waste Management Plan, was presented. It was moved by Kaeser, seconded by Ybarra, that the City of Vernon concur and approve Amendment No. 2 to the Los Angeles County Solid Waste Management Plan. Mo tion carried. Communication from Arthur E. Nelson, Director of Public Works/ Building, dated August 23, 1979, submitting Evelyn Kirkwood's notification that she will be retiring from service with the City of Vernon, effective close of business, September 27, 1979, was presented. It was moved by Kaeser, seconded by Ybarra, that the retirement of Evelyn Kirkwood, Secretary, Public Works Department, from City of Vernon service, effective September 27, 1979, be accepted. Motion carried. Resolution No. 4670 - A Resolution of the City Council of the City of Vernon '"COIii"iilenamg"EVeIYn Kirkwood For Her Many Years of Service to the City of Vernon, was presented. It was moved by Kaeser, seconded by Ybarra, that Resolution No. 4670 be approved and adopted. Motion carried. AYES: Kaeser, Ybarra, McCormick, Malburg NOES: None Absent: Gonzales Communication from Qty Administrator/City Clerk, dated August 27, 1979, submitting memorandum from R. D. Gott, dated August 22, 1979, and subpoena for R. D. Gott's appearance August 22, 1979, at 1:30 p. m., recom- mending that Mr. Gott's request for court pay be denied, was presented. It was moved by Kaeser, seconded by Ybarra, that Officer R. D. Gott's request for court pay be denied. Motion carried. I I 346 -2- 91 41 79 I Petition for Pre-emptory Writ of Mandate, Code of Civil Procedure 1085, Superior Court of the State of California, County of Los Angeles, Vernon Fire Fighters Association, Local 2312, Affiliate of too International Association of Fire Fighters, AFL/CIO, and Michael Farrier, Dean White, Ron Hedlund, Robert Rosprim, Ronald Cummings and Ronald Beaver, Petitioners VS. City of Vernon, Members of the City Council, Bruce Malken- horst, City Administrator, and Does 1 through 10, inclusive, Respondents, served on the City August 28, 1979. Petition seeks Pre-emptory Writ of Mandate ordering respondents to amend their personnel records by expung- ing any reference to Petitione rs' suspension or discharge and to further remove any reference to the disciplinary action taken against petitione rs herein; to reinstate petitioners to their former position and rank as fire fighters for the City of Vernon with full restoration of all benefits and salary; and to reimburse petitioners for costs of suit and such other and further relief as the court may deem just and proper, was presented. It was moved by Ybarra, seconded by Kaeser that the Petition for Pre-emptory Writ of Mandate in the above-entitled court and cause, be re- referred to executive session of the City Council, later this satre day. Motion carried. I Communication from Capt. L. A. Espinoza, Acting Chief of Police, dated August 28, 1979, requesting the following employees be given a step increase, effective August. 26, 1979, based on evaluation that they are qualified for said merit increase: ' J. L. Ullmer D. F. Melnyk D. J. Wrobel R. M. Radeski to Policeman I, Grade 3 to Policeman I, Grade 3 to Policeman I, Grade 3 to Policeman I, Grade 4 I It was moved by Kaeser, seconded by Ybarra, that the request of the Acting Chief of Police be approved, and the personnel above-listed be advanced as specified. Motion carried. Claim for Personal Injuries (Government Code, Sec. 910) Amado Joe Seja, vs. City of Vernon, Vernon Police Department, Police Officers J. Ullmer and D. J. Wrobel, was presented. It was moved by Kaeser, seconded by Ybarra that the claim of Amado Joe Seja for personal injuries (Government Code, Sec. 910) be denied. Motion carried. I Resolution No. 4671 - A Resolution of the City Council of the City of VernoIiCommendingSpencer E. Hogan For His Many Years of Service to the City of Vernon, was presented. It was moved by Kaeser, seconded by Ybarra, that Resolution No. 4671 be approved and adopted. Motion carried. AYES: Kaeser, Ybarra, McCormick, Malburg NOES: None Absent: Gonzales I "Warrant Register No. 532" covering claims and demands presented during the period August 16 to 31, which includes Demands Nos. 91329 to 91408 (both inclusive) excluding voided Demands Nos. 91353 and 91381, drawn. on the United California Bank, totaling $84,848.85 (Light and Power Warrabts $4,575.00) (Accounting Period September 1979), was examined and audited. It was moved by Ybarra, seconded by McCormick, that "Warrant Register No. 532" be approved and payment authorized for Demands Nos. 91329 to 91408 (both inclusive) excluding voided Demands Nos. 91353 and 91381, with no other exceptions. Motion carried. Communication from Bernice Halperin, Director of V olunteer Services, St. Francis Medical Center, dated August 27, 1979, expressing thanks to the City Council and Staff for their cooperation extended to inform the public re- garding the 1E L -MED Service Program, was presented. It was moved by Kaeser, seconded by Ybarra, that the communication from St. Francis Medical Center be received and filed. Motion carried. 347 348 -3- 9/ 4/ 79 I Communication from Capt. L. A. Espinoza, Acting Chief of Police, dated August 29, 1979 requesting permission to enroll Cadets K. C. Lloyd and S. J. Schultze in the next academy class at Rio Hondo College, October 5, 1979, was presented. It was moved by McCormick, seconded by Kaeser, that the request of Acting Chief of Police Espinoza to enroll Cadets K. C. Lloyd and S. J. Schultze in the next academy class at Rio Hondo College, October 5, 1979, be granted. Motion carried. Communication from Capt. L. A. Espinoza, Acting Chief of Police dated August 23, 1979, explaining that Rule #7 of the Education and Training Fund Program had been misinterpreted when request was submitted for re- imbursement to Officer R. Santos in the amount of $100.00 to cover cost of tuition and books for police science courses at Cal State University, Los Angeles; endorsing the request and recommending reimbursement to Officer R. Santos, was presented. It was moved by Kaeser, seconded by Ybarra, that the request and recommendation for reimbursement to Officer R. Santos, for tuition and books for police science courses at Cal State University, Los Angeles, be approved and authority granted to issue warrant in the amount of $100.00 to R. Santos. Motion carried. Communication from Arthur E. Nelson, Director of Public Works/ Building, dated August 30, 1979, requesting authority and funds for Louis S. Hauger. to attend the Annual Meeting of the California Conference of Directors of Environmental Health at Stanford Seminar Center, Fallen Leaf Lake, California, October 15 to October 19, 1979, with an expense allow- ance of $383. 00, was presented. . It was moved by Kaeser, seconded by Ybarra, that the request of the Director of Public Works be approved and authority granted to issue warrant in the amount of $383.00 to Louis S. Hauger. Motion carried. Communication from Capt. L. A. Espinoza, Acting Chief of Police, dated August 30, 1979 recommending that Officer W. E. Waxman be appoint- ed to the Photo I. D. Detail, effective September 9, 1979, was presented. It was moved by Kaeser, seconded by Ybarra, that the recommendation of Acting Chief of Police Espinoza be granted and that Officer W. E. Waxman be appointed to the Photo I. D. Detail, effective September 9, 1979. Motion carried. I I Police Department Activity Log, August 16 - 31, 1979, was presented. It was moved by Ybarra, seconded by Kaeser, that the Police Depart- ment Activity Log, August 16 - 31, 1979, be received and filed. Motion carried. I Hearing on the recommendation to terminate Jean Hoffman (Deferred to this meeting at the August 7, 1979 session) It was moved by Ybarra, seconded by Kaeser, that this item be defer- red to the next regularly scheduled meeting of tiE City Council, September 18, 1979. Motion carried. I Hearing on recommendation to revoke recognition of Vernon Police Officers Benefit Association (Deferred to this meeting at the August 7, 1979 session) Communication from Richard A. Shinee, dated August 31, 1979, re- questing continuance of the Hearing to consider Revocation of Recognition of the Vernon Police Officers Benefit Association until the first regular City Council meeting in October. It was moved by Kaeser, seconded by Ybarra, that this item be con- tinued to the first regularly scheduled meeting of the City Council in October. Motion carried. -4- 9/ 4/ 79 I Communication from Jack R. Gilstrap, General Manager, Southern California Rapid Transit District, dated August 26, 1979, submitting Report to Public Officials on the Current RTD Work Stoppage, was presented. It was moved by Kaeser, seconded by McCormick, that the com- munication and the report be received and filed. Motion carried. Communication from City Administrator, dated September 4, 1979, that Chief Bass has advised that last year's budget approval and funding in the amount of $1500.00 was given to modify the piping on two fire department pumpers for pre-connected monitors, requesting approval and funding of approximately $1700.00 to complete piping modifications on Engines 11 and 24, to allow better utilization of tiE pumpers, was presented. It was moved by Ybarra, seconded by Kaeser, that the request for approval and funding of approximately $1700.00 to complete piping modific- ations on Engines 11 and 24, be approved. Motion carried. Arthur E. Nelson, Director of Public Works, reported that in con- nection with the Century Freeway Project, the Southern Pacific will increase its use of the "J" yard north of 25th Street. As a part of the Century Freeway Project, financing will be provided for two additional track crossings to the yard. One of these crossings is across 25th Street and the other is across the East Roadway of Alameda Street at 27th Street. Both are at lreations where there is already one track crossing. The railroad is also upgrading one track along Alameda Street and will use it for train movements instead of as a siding. One track is now used for train movements. After the up- grading, there will be ; two tracks for moving trains and there will be increased train movements along Alameda Street to the J yard north of 25th street. Mr. Nelson reported further that increased train movements may lead to Public Utilities Commission requirements to upgrade the. crossing protection at Alameda and 37th Street, Alameda and Vernon Avenue and at Alameda and 55th Street. There is also one crossing between the roadways north of 51st Street. The City has sent a letter to the Public Utilities Commission asking if any crossing protection upgrading can be expected as a result of the increased train traffic. The State has advised that costs of crossing protection upgrading would not be considered project costs. Present crossing protection is accord- ing to Public Utilities commission decision 41171 dated January 27, 1948; City of Vernon, City of Los Angeles and railroad were ordered to provide and share costs of wigwags and traffic signals. Maintenance of traffic signals is by City of Los Angeles with City of Vernon paying 50% of the costs. . Mr. Nelson reported that meetings have been held with state represent- atives on May 23, 1979, aD July 24, 1979. State representatives have also requested that this project be informally discussed with the VernonCity Council. The Mayor suggested that this matter be referred to the Director of Public Works and the City Attorney, for further conference with Cal Trans and other interested officials. I I I At this time, 2 :45 o'clock, p. m., it was moved by Kaeser, seconded by McCormick, that the' City Council go into ;executive session under 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, 4:30 o'clock, p. m., it was moved by Ybarra, seconded by Kaeser, 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 Petition for Preemptory Writ of Mandate, Code of Civil Procedure 1085, Superior Court of the State of California, County of Los Angeles, Vernon Fire Fighter s I 349 -5- 91 41 79 Association of Fire. Fighters, AFL/CIO, and Michael Farrier, et al., vs. City of Vernon, Members of the City Council, the City Administrator and Does 1 through 10, inclusive, be referred to the City Attorney for defense of said action. Motion carried. I I Report of the City Attorney to the City Council Concerning the In- dustrial Disability of Louis Stiegelmeier in Relation to His Qualification for Disability Retirement, was presented. Report is dated August 7, 1979. It was moved by McCormick, seconded by Ybarra, that the Report of the City Attorney dated August 7, 1979, in relation to Louis Stiegelmeier's qualification for disability re tirement, be received and filed. Resolution No. 4666 - A Resolution of the City Council of the City of Vernon "Determlm.ngtli-e-rnsability of Louis Stiegelmeier, A Local Safety Member Employed by the City of Vernon (Sec. 21024 and 21025 of the Govern- ment Code), was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 4666 be approved and adopted. Motion carried. AYES: McCormick, Ybarra, Kaeser, Malburg NOES: None Absent: Gonzales I At this time, 4:36 o'clock, p. m., it was moved by Ybarra, seconded by McCormick, that the City Council go into executive session in accordance with Section 54957 of the Government Code. 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 ex- ecutive session were deemed private. At this time, 4:50 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. The City Administrator recommended that Fire Chief George F. Bass beadvanced to Fire Chief, Step 3, on the basis of merit am having been in grade one year when he was appointed Fire Chief; said merit increase to be effective September 9, 1979. It was moved by Kaeser, seconded by Ybarra, that the recommendation of the City Administrator be approved, and tlR t Chief Bass be advanced to Step 3, effective September 9, f979". Motion carried. It was moved by Kaeser, seconded by Ybarra, that Dennis J. Tavernelli be terminated from his employment with the City of Vernon Police Department, effective close of business August 31, 1979, due to his having accepted employ- ment with the City of Bell and not being consistent with severance procedure required by the City. Motion carried. It was moved by Ybarra, seconded by McCormick, that Cadet Kevin C. Lloyd be advanced from Cadet Grade 4 to Cadet Grade 3, effective September 9, 1979, having satisfactorily completed his one-year probationary period. Motion carried. I I At this time, 5:07 o'clock p. m., Councilman McCormick was excused from further attendance at this session. At this time, 5:08 o'clock, p. m., it was moved by Ybarra, seconded by Kaeser, that the City Council go into executive session under Attorney 1 Client privilege. Motion carried. 350 -6- 9/4/ 79 I All persons with the exception of the City Administrator and the City Attorney were excluded from the executive session. Mayor Malburg orde red that all communications to and fro m the executive session were deemed private. At this time, 6:25 o'clock, p. m., it was moved by Kaeser, seconded by Ybarra, that the City Council go out of executive session and resume regular session. Motion carried. There being no further business to come before the City Council, it was moved by Kaeser, seconded by Ybarra, that the meeting adjourn. Motion carried. I ATTEST: sIS~~~~ __~___ BRUCE V. MALKENHORST City Administrator/City Clerk I I I 351_