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19800205 Regular City Council Meeting - Minutes MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON, HELD FEB- RUARY 5, 1980, AT TWO O'CLOCK, P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. COUNCIL PRESENT: Gonzales, Kaeser, McCormick, Ybarra, Malburg I COUNCIL ABSENT: None I The meeting was called to order by Mayor Leonis C. Malburg. It was moved by Ybarra, seconded by Kaeser, that the minutes of the meetings of January 15, and January 22, 1980, be approved as written and submitted. Motion carried. Communication from Bruce V. Malkenhorst, datm January 28, 1980, re- questing authorization to advertise for sealed bids for City1s surplus 1954 Fire Engine, and to adopt a resolution in accordance with Quotation No. 1142, was presented. It was moved by Kaeser, seconded by Gonzales, that authorization be granted to advertise for sealed bids for the City's surplus 1954 Fire Engine J and that a resolution be adopted in accordance with Quotation No. 1142. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated January 22, 1980, requesting that Dispatcher Sherry Herron be terminated, was presented. I It was moved by Kaeser, seconded by McCormick, that the request of the City Administrator that Dispatcher Sherry Herron be terminated effective January 10, 1980, be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated January 22, 1980, requesting that Jeffrey C. Becker be hired effective Jan- uary 23, 1980, as Police Cadet, Step 5, was presented. It was moved by Gonzales, seconded by Kaeser, that the request of the City Administrator to employ Jeffrey C. Becker, be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated January 29, 1980, requesting authority and funds for Lt. L. S. Rosenkrantz to attend ~e California Association of Labor Relations Officers'Training Seminar, to be held on February 21-22, 1980, in San Diego, California, with a budgeted allowance of $112.00, was presented. I It was moved by Ybarra, seconded by Gonzales, that the request of the City Administrator be approved and authority granted to issue warrant in the amount of $112.00 to Lt. L. S. Rosenkrantz. Motion carried. I Communication from Arthur E. Nelson, Director of Public Works/Building, dated January 17, 1980, confirming Contract No. 427, Pavement Striping, 1979, as completed by Traffic Engineering, Inc., with a total cost of $16,452.12, was presented. RESOLUTION No. 4698 - A Resolution of the City Council of the City of Vernon Accepting the Work For Traffic Pavement Striping 1979, In Accordance With Contract No. 427 of the City of Vernon, was presented. It was moved by Gonzales, seconded by Kaeser, that Resolution No. 4698 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, Kaeser, McCormick, Ybarra, Malburg None None 389 -2- 2/5/80 Communication from Arthur E. Nelson, Director of Public Works/Building, dated January 8,1980 and January 31,1980, submitting a detailed report on the Santa Fe Land Improvement Company Water Billing, was presented. This item was deferred to this meeting at the January 15, 1980 session. I Arthur Nelson explained that his latest recommendation is the third communication that he has prepared on this matter, and he is recommending that the Water Depart- ment Rules and Regulations be amended as outlined therein, and that the proposed settlement regarding the invoice dated September 25, 1979, be agreed to and that the Director of Publ ic Works be authorized to determine minimum acceptable conditions to the City for acceptance of the "Pub 1 i c Works Systems'l in the Santa Fe Land Im- provement Company area. I Mr. Robert C. Howes, Chief Engineer of the Santa Fe Land Improvement Company, addressed the City Council, stating that he had no specific comment at this time, and was available for questions. He stated that he would be glad to cooperate wlth Mr. Nelson and his Staff to resolve this matter. It was moved by Gonzales, seconded by McCormick, that the terms of the compromise as presented by Mr. Nelson orally and in his communication, be approved in concept and that the City Attorney prepare a proposed Ordinance; and that the Director of Public Works and the City Administrator pursue principles of the compromise to the mutual satisfaction of the parties concerned. Motion carried. tlWarrant Register No. 54111 covering claims and demands presented during the period of January 16 to January 31, 1980, which includes Demands Nos. 92368 thru 92464 (both inclusive), drawn on the United Cal ifornia Bank, totaling $295,901.09 (Light and Power Warrants $149,931.15) (Accounting Period January, 1980) was ex- amined and audited. I It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 541 be approved and payment authorized for Demands Nos. 92368 thru 92464 (both in- clusive), with no exceptions. Motion carried. Police Department Activity Log, January 16-31, 1980, was presented. It was moved by Kaeser, seconded by McCormick, that the same be received and filed. Motion carried. At this time, the Mayor asked James A. Miller, present in the audience, wheter he wished the matter of Miller's disability retirement considered in public or private session. Mr. James A. Miller stated that he had no objection to the Council's con- sideration of this matter in public session. RESOLUTION NO~ 4694 - A Resolution of the City Council of the City of Vernon Determining the Disability Retirement of James A. Miller, a Local Safety Member Employed by the City of Vernon (SEC. 21014 & 21025 of the Government Code,) was presented. I It was moved by Gonzales, seconded by McCormick that Resolution No. 4694, be approved and adopted. Motion carried. AYES: NOES: ABSENT: Gonzales, McCormick, Kaeser, Ybarra, Malburg. None None I The Mayor asked Frank E. Gweeney, present in the audience, whether he wished the matter of Sweeney's disability retirement considered in public or private session. Mr. Frank E. Sweeney responded that he had no objection to the Council's consideration of this matter in public session. 390 -3-: 2/5/80 RESOLUTION NO. Vernon Determining the Member Employed by the was presented. 4695 - A Resolution of the City Council of the City of D i sab i 1 i ty Ret i rement of Frank E. Sweeney, a Loca 1 Safety City of Vernon (Sec. 21024 & 21025 of the Government Code) It was moved by Kaeser, seconded by McCormick, that Resolution No. 4695, be approved and adopted. Motion carried. I AYES: NOES: Absent: Kaeser, McCormick, Gonzales, Ybarra, Malburg None None I The Mayor asked Joseph E. Blaut, present in the audience, whether he wished the matter of Blaut's disability retirement considered in public or private session. Mr. Joseph E. Blaut replied that he had no objection to council's con- sideration of this matter in public session. RESOLUTION NO. 4697 - A Resolution of the City Council of the City of Vernon Determining the Disability Retirement of Joseph E. Blaut, a Local Safety Member Employed by the City of Vernon (Sec. 21024 & 21025 of the Government Code), was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 4697 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, Ybarra, Kaeser, McCormick, Malburg None None I Communication from Spencer E. Hogan dated January 31, 1980, requesting passage of resolution providing for a polling booth and election board in the upcoming municipal election, and designating the old Scout Hut as the polling place, was presented. There followed a discussion of this item by Councilman Kaeser, Spencer E. Hogan, Councilman Gonzales and Philip S. Reavis, at the conclusion of which it was moved by Kaeser, seconded by Gonzales that the communication referred to be received and filed. Motion carried. Communication from Arthur E. Nelson, Director of Public Works/Building, dated January 31, 1980, requesting authorization and funds for Victor H. Vaits to attend the Annual California Building Officials 18th Business Meeting to be held in San Diego, on February 27 to March 1, 1980, with a budgeted allowance of $344.50, was presented. It was moved by Kaeser, seconded by Ybarra, that the request of the Director of Public Works/Building be approved and authority granted to issue warrant in the amount of $344.50 to Victor H. Vaits. Motion carried. I Communication from Arthur E. Nelson, Director of Public Works/Building, dated January 31, 1980, requesting authority and funds for Lewis R. Adams to attend the Distribution System Symposium, to be held at the Los Angeles Mariott Hotel on February 25-26, 1980, with a budgeted allowance of $97.00, was presented. I It was moved by Kaeser, seconded by Gonzales, that the request of the Director of Public Works/Building be approved and authority granted to issue warrant in the amount of $97.00 to Lewis R. Adams. Motion carried. Communication from Arthur E. Nelson, Director of Public Works/Building, dated January 31, 1980, submitting print of Parcel Map No. 11108 and report thereon, advising that the City of Vernon adopted the open space element of the general plan on May 29, 1973 and other elements were adopted September 3, 1974, recommending that the City Council determine the consistency between the general plan and Parcel Map No. 11108, was presented. 391. -4- 2/5/80 It was moved by Gonzales, seconded by Ybarra, that the proposed sub- division, together with the provisions for its design and improvement, is con- sistent with the open space element of ~e general plan adopted on May 29, 1973, and other elements that were adopted September 3, 1974. Motion carried. It was moved by Ybarra, seconded by Kaeser that Parcel Map No. 11108 and report thereon, be approved and adopted. Motion carried. I Notice of Public Hearing on Amendment to Ordinance No. 873, changing rates to be charged to Electrical Energy Services, set for this time, 2:30 o'clock, p.m. I It was moved by Ybarra, seconded by Kaeser, that the Public Hearing be deferred to the next regular meeting of the City Council, February 19, 1980, at 2:30 o'clock, p.m. Motion carried. Communication from David B. Brearley, City Attorney, dated February 1, 1980, submitting a copy of an Order of Dismissal filed in the Superior Court of the County of Los Angeles, Central District, Case No. C 215 115, Cheryl Thames, et al., vs. Jimmy Lee Holley, et al., dismissing the City of Vernon and Dean Bates as cross defendants, was presented. It was moved by Gonzales, seconded by McCormick, that the communic- ation be received and filed. Motion carried. Communication from Arthur E. Nelson, Director of Public Works/Building, dated February 4, 1980, advising that Grant and Popovich, owners of building at 5015-17 District Boulevard have submitted plans to add approximately 1425 square feet to an existing building, and that Ordinance No. 801 requires 51 parking spaces, 30 of which can be provided at this time, recommending a variance from the Ordinance be granted, same having been reviewed with the Fire Chief, Acting Police Chief and the City Administrator, was presented. I It was moved by Kaeser, seconded by Gonzales that the recommendation of the Director of Public Works be approved, and t~t a variance from Ordinance No. 801 be granted to the owners, Grant and Popovich, as requested. Motion carried. Communication from Fire Chief George F. Bass, dated February 5, 1980, submitting letter of commendation from Acting Police Chief L. A. Espinoza, thanking fire department personnel Capt. Muldown, Engineer deBoer, Fireman Winfrey and Manolovits and Paramedics Kleen and Toutjian for their assistance on a "Man Down" call from the Bethlehem S eel Company, January 26, 1980, was' presented. It was moved by Ybarra, seconded by Kaeser, that the communications be received and filed. Motion carried. At this time, 2:55 o'clock, p.m., it was moved by Kaeser, seconded by Ybarra that the City Council go into executive session in accordance with Section 54957 of the Government Code. Motion carried. I All persons with the exception of the City Administrator, the City Attorney, Fire Chief George Bass, and Acting Police Chief L. A. Espinoza, were excluded from the executive session. Mayor Malburg ordered that all communications to and from the executive session were deemed private and confidential. I At this time, 4:32 o'clock, p.m., it was moved by Gonzales, seconded by McCormick, that the City Council go out of executive session and resume regular session. Motion carried. At this time, 4:33 o'clock, p.m., it was moved by Kaeser, seconded by Ybarra, that the CJty Council go into executive session in accordance with Attorney/Client privilege. Motion carried. All persons with the exception of the City Administrator and the City Attorney were excluded from the executive session. 392 -5- 2/5/80 Mayor Malburg ordered that all communications to and from the executive session were deemed private and confidential. At this time, 4:34 olclock p.m., the Mayor declared the Council in recess. At this time, 5:00 olclock, p.m., the City Council reconvened in ex- ecutive session, all members being present. I At this time, 5:40 olclock, 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. I It was moved by Gonzales, seconded by McCormick that the City Council approve the terms of the revised Compromise and Releaseproviding for a gross settle- ment of $14,000, in the case of Ron A. Hoffman before the WCAB, Case Nos. 78LB 95272; 95273, 95274, 95275 and 78LB 96877. Motion carried. Communication from Fire Chief Bass, dated January 21, 1980, requesting special funds for professional skills development, February 9 and 10, 1980 at El Camino College, for three battalion chiefs and fifteen captains, plus ~e four remaining candidates on the existing captains list, with a budgeted allow- ance of $1400.00 for registration and $220.00 for lunches, making a total of $1620.00, plus $145.00 for mileage allowance as required. It was moved by Ybarra, seconded by McCormick that the request of the Fire Chief be approved and authority grant ed to issue warrant in the amount of $1400.00 to National Fire Protection Association, and $220.00 for lunches, plus $145.00 mileage allowance for personnel attending the seminar. Motion carried. I t was moved by Kaeser, seconded by Gonza 1 es Hat Arthur E. Ne 1 son, Director of Public Works/Building, be given a 4% pay increase, effective February 10, 1980. Motion carried. I It was moved by Kaeser, seconded by Ybarra that Patrolmen Don W. Green and Leslie W. Brown be designated as temporary Acting Sergeants, effective February 10, 1980. Motion carried. It was moved by Gonzales, seconded by McCormick, that the minutes of the meeting of the Personnel Committee, held February 4, 1980, be approved and trat the recommendations therein be adopted. Motion carried. RESOLUTION NO. 4700 - A Resolution of the City Council of the City of Vernon, Cal ling and Giving Notice of the Holding of a General Municipal Election to be Held in Said City on Tuesday, the 8th day of April, 1980, for the Election of Certain Officers of Said City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities, was presented. It was moved by Kaeser, seconded by Gonzales, that Resolution No. 4700 be approved and adopted. I AYES: NOES: Absent: Kaeser, Gonzales, McCormick, Ybarra, Malburg None None Councilman McCormick requested that he be excused from further attend- ance at this time, 5:55 olclock, p.m. I Councilman McCormick was excused and withdrew from the Council Chamber. At this time, 5:56 olclock, p.m., it was moved by Kaeser, seconded by Ybarra, that the City Council go into executive session in accordance with Attorney/Cl ient 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 and confidential. 393 -6- 2/5/80 At this time, 6:25 o'clock, p.m., it was moved by Kaeser, seconded by Ybarra, ~at the City Council go out of executive session and resume regular session. Motion carried. I There being no furt her business to come before the Council, it was moved by Ybarra, seconded by Kaeser, that the meeting adjourn. Motion carried. I ATTEST: BRUCE V. MALKENHORST City Administrator/City Clerk I I I 394