19800318 Regular City Council Meeting - Minutes
I
I
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL~ HELD MARCH 18, 1980,
AT FOUR O'CLOCK, P.M., IN THE COUNCIL
CHAMBER OF THE CITY HALL, LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
COUNCIL PRESENT:
COUNCIL ABSENT:
Gonzales, Kaeser, McCormick, Ybarra, Malburg
None
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Gonzales, that the minutes of the meeting
of the City Council on March 4, 1980, be approved as written and submitted. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of Finance, dated March 12,
1980, requesting approval of recommendations made at the Finance Committee meeting
held Monday, March 10, 1980, was presented.
It was moved by Gonzales, seconded by Kaeser, that the minutes of the Personnel
Committee meeting held March 10, 1980, be approved, and the recommendations contained
therein be adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator~ dated March 12,
1980, recommending that qualified personnel who did not receive their service
pins at the February 19, 1980, City Council meeting, be awarded the same at this
meeting, was presented.
The Mayor presented service pins for 25, 20, 15 and 10 years' service to the
following employees:
25 year pin
Pat Moorehead
10 year pin
J. Marx
20 year pin
J. Wolcott
R. Beaudette
D. Perkins
J. Kelly
15 year pin
M. Wiles
W. Mathison
R. Shelton
Communication from Arthur E. Nelson, Director of Public Works/Building, dated
March 11, 1980, recommending the work of Asphalt Resurfacing of certain streets,
Contract No. 430, be awarded to Robert Escudaro, Inc., on the basis of their bid
of $91,725.00, was presented.
Resolution No. 4715 - A Resolution of the City Council of the City of Vernon,
California, Accepting the Bid of Robert Escudaro, Inc., for Asphalt Resurfacing of
Certain Portions of Alameda Street at Vernon Avenue and Portions of 26th Strret
and Asphalt Resurfacing at Parking Area of Fire Station #1 in Accordance with
Contract No. 430 of the City of Vernon and Approving the Execution of Said Contract,
was presented.
It was moved by Kaeser, seconded by Ybarra, that Resolution No. 4715 be approved
and adopted. Motion carried.
AYES: Kaeser, Ybarrq, McCormick, Gonzales, Malburg
NOES: None
ABSENT: None
Communication from Elizabeth Belles, Chief Petitioner in the proceedings of the
annexation of the Los Angeles County Island, dated February 28, 1980, requesting
that the City of Vernon prepare an Environmental Impact Report and Request for
Annexation, was presented.
Elizabeth Belles addressed the City Council, stating that if the appeal of the
petitioners and property owners to set aside the decision of LAFCO and the Board
of Supervisors in this matter is upheld, there is an opportunity for the City of Vernon
to make application for the annexation. According the Ms. Belles, LAFCO allowed
Huntington Park to become the lead agency and it is her feeling that the matter was
not legally processed, and petition was made to set aside the decision.
407
I
I
-2-
3/18/80
The City Attorney replied that the City of Vernon has never made an application
to LAFCO to annex the area in question. Huntington Park made the application and
the City Council of the City of Vernon at that time took a neutral position and
did not object to the annexation, but was an interested party in the proceedings.
His understanding is that the law suit was lost by the property owners in the lower
court, and unless the appeal is successful, the decision by LAFCO is still effective
until such time it is declared open to further process, so at this time any action
requested is premature. The City of Vernon has no jurisdiction at this time.
Ms. Belles replied that she was not requesting that an application be filed
as such, but in the event the decision was overturned, the application should be
ready to be filed, as a timely matter. They were not requesting an environmental
impact report, just a basic service plan; the matter would be referred back to
LAFCO as the lead agency, and they would have to make another decision, obviously
without bias.
The City Attorney replied that the City of Vernon hpd prepared a study about
a year ago. The Director of Public Works agreed that the City members had submitted
a response. This information is a matter of public record and Ms. Belles could
obtain copies of the report, if that would be helpful to her.
Ms.Belles responded that if the matter is referred to LAFCO again~ for re-
evaluation, the application should come from the two cities. Ms. Belles added
that if a stay is granted, then the application should be filed within a month.
Mr. Brearley suggested that the communication of Elizabeth Belles be received
and filed until such time as the jurisdictional question has been resolved.
It was moved by Gonzales, seconded by Kaeser, that the communication of
Elizabeth Belles be received and filed. Motion carried.
Communication from L.A. Espinoza, Acting Chief of Police, dated February 19,
1980, requesting authority and funds for Sgt, Robert L. Anderson to attend the
California State Homicide Investigators Annual Training Seminar in San Diego,
April 9 - April 11, 1980, with an expense allowance of $240.00, was presented.
It was moved by Ybarra, seconded by McCormick, that the. request of Acting
Chief Espinoza be approved and authority granted to issue warrant to Sgt. Robert
L. Anderson in the amount of $240.00. Motion carried.
Communication from Arthur E. Nelson, Director of Public Works/Building, dated
March 11, 1980, requesting authority and funds for John E. Reid to attend the
Annual California Environmental Association Educational Conference held in Ventura,
April 16 - April 19, 1980, with an expense allowance of $245.00, was presented.
It was moved by Gonzales, seconded by McCormick, that the request of the
Director of Public Works be approved and authority granted to issue warrant in
the amount of $245.00 to John E. Reid. Motion carried.
Communication from Arthur E. Nelson, Director of Public Works/Building, dated
March 5, 1980, requesting authority and funds for Fred Tachovsky to attend the
Quint-Chapter Code Seminar held in Yosemite, April 10 - April 12, 1980, with an
expense allowance of $307.68, 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 $307.68 to Fred Tachovsky. Motion carried.
Resolution No. 4712 - A Resolution of the City Council of the City of Vernon,
California, Ordering the Canvass of the General Municipal Election to be held on
Tuesday, Apri 1 8, 1980, to be made by the City Cl erk of the City of Vernon, was
presented.
It was moved by McCormick, seconded by Gonzales, that Resolution No. 4712 be
approved and adopted. Motion carried.
AYES: McCormick, Gonzales, Ybarra, Kaeser, Malburg
NOES: None
ABSENT: None
Resolution No. 4713 - A Resolution of the City Council of the City of Vernon,
California, Ratifying arid Approving the Renewal of the Animal Control Contract with
Los Angeles County for an Additional Year, July 1, 1979 - June 30, 1980, and
authorizing the Execution of Said Contract, was presented.
408
AYES: McCormick, Ybarra, Gonzales, Kaeser, Malburg
NOES: None
ABSENT: None
4:09
-3-
3/18/80
It was moved by Ybarra, seconded by Kaeser, that Resolution No. 4713 be
approved and adopted. Motion carried.
AYES: Ybarra, Kaeser, Gonzales, McCormick, Malburg
NOES: None
ABSENT: None
Resolution No. 4714 - A Resolution of the City Council of the City of Vernon
Approving the Application for 1974 State Grant Moneys for Maywood City Parks Project,
was presented.
It was moved by Gonzales, seconded by Kaeser, that Resolution No. 4714 be
approved and adopted. Motion carried.
I
AYES: Gonzales, Kaeser, McCormick, Ybarra, Malburg
NOES: None
ABSENT: None
Resolution No. 4716 - A Resolution of the City Council of the City of Vernon
Approving the Purchase of 9100 Barrels of Diesel Fuel No.4 (200 SSU) Desulfurized
Distillate (-~% Sulphur) To Replenish the Tank Located at the Vernon Diesel Plant
in Accordance with Purchasing Department Quotation No. 1146 of the City of Vernon
and authorizing Notice Inviting Sealed Proposals or Bids for the Purchase Thereof,
was presented.
It was moved by Ybarra, seconded by McCormick, that Resolution No. 4716 be
approved and adopted. Motion carried.
AYES: Ybarra, McCormick, Gonzales, Kaeser, Malburg
NOES: None
ABSENT: None
Ordinance No. 898 - An Ordinance of the City of Vernon Amending Section 2
of Ordinance No. 895 Providing for Rates to be Charged for Electrical Energy
Distributed and Supplied by Said City Within its Boundaries and Repealing all
Ordinances and Parts of Ordinances Therewith, was presented.
It was moved by McCormick, seconded by Gonzales, that Ordinance No. 898 receive
and pass a first reading. Motion carried.
AYES: McCormick, Gonzales, Kaeser, Ybarra, Malburg
NOES: None
ABSENT: None
Communication from Arthur E. Nelson, Director of Public Works/Building, dated
March 12, 1980, requesting that a variance of Ordinance No. 801 be granted to Daniel
Smith & Co., Tnc., in order to penni t "Off-Street Parki ng" on E. 26th Street, was
presented.
It was moved by Kaeser, seconded by Gonzales, that there request of the Director
of Public Works/Building, be granted, and a variance from Ordinance No. 801 be
granted to Daniel Smith & Co., Inc., for the purpose of "Off-Street Parking" on
E. 26th Street. Motion carried.
I
Police Department Activity Log, March 1-16, 1980, was presented.
It was moved by Ybarra, seconded by McCormick, that the Police Department
Activity Log be received and filed. Motion carried.
Health Department Activities Report for the month of February, 1980, was presented.
It was moved by McCormick, seconded by Gonzales, that the Health Department
Activities Report for the month of February, 1980, be received and filed. Motion
carried.
Ordinance No. 897 - An Ordinance of the City Council of the City of Vernon,
California, Amending Chapter 8 of the Vernon Municipal Code and Repealing Ordinance
No. 886 (Amends Ordinance 798 originally, which relates to Civil Defense and Disaster)
It was moved by McCormick, seconded by Ybarra, that Ordinance No. 897 receive
and pass a first reading. Motion carried.
I
I
I
I
I
-4-
3/18/80
"Warrant Register No. 544" covering claims and demands presented during the period
March 1 to 15, 1980, which includes Demands Nos. 92674 to 92830, (both inclusive) ex-
cluding voided Demands Nos. 92710 and 92791, drawn on the United California Bank, totaling
$5,298,475.13. (Light and Power Warrants $5,014,820.27) (Accounting Period March, 1980.),
was examined and audited.
It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 544 be
approved and payment authorized for Demands Nos. 92674 to 92830 (both inclusive) ex-
cluding voided Demands Nos. 92710 and 92791, with no other exceptions. Motion carried.
"payroll Warrant Register No. 274" covering claims and demands presented during
the period January 27 to February 9, which includes Demands Nos. 3009 to 3016
(both inclusive) drawn on the Crocker National Bank, totaling $246,358.25 (Ac-
counting period February, 1980) was examined and audited.
It was moved by Kaeser, seconded by Gonzales, that Payroll Warrant Register No.
274 be approved and payment authorized for Demands Nos. 3009 to 3016 (both
inclusive), with no other exceptions. Motion carried.
Resolution No. 4711 - A Resolution of the City Council of the City of Vernon,
California, Establishing Health and Permit Fees Applicable to all Permits Granted
by the City of Vernon Pursuant to Section 11.25 and Section 13.7 of the Vernon City
Code and Repealing Resolution No. 4635, was presented.
It was moved by Ybarra, seconded by McCormick, that Resolution No. 4711 be
approved and adopted. Motion carried.
AYES:
NOES:
NOES:
Ybarra, McCormick, Gonzales, Kaeser, Malburg
None
None
Resolution No. 4717 - A Resolution of the City Council of the City of Vernon,
Approving Purchasing Department Quotation No. 1148 and Authorizing Notice Inviting
Sealed Proposals or Bids for the Disposal of Materials from the Light and Power
Department as Surplus Pursuant to Section 2.31 of the Vernon City Code, in Ac-
cordance with Quotation No. 1148 of the City of Vernon, was presented.
It was moved by Kaeser, seconded by Ybarra, that Resolution No. 4717 be approved
and adopted. Motion carried.
AYES:
NOES:
ABSENT:
Kaeser, Ybarra, Gonzales, McCormick, Malburg
None
None
Resolution No. 4718 - A Resolution of the City Council of the City of Vernon
Determining the Disability Retirement of William Austin, Jr., a Local Safety Member
Employed by the City of Vernon (~~21024 & 21025 of the Government Code), was presented.
It was moved by Ybarra, seconded by McCormick, that this item be deferred for
consideration in executive session. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator, dated March 18,
1980, transmitting minutes of the March 17, 1980 Personnel Committee, for review
and approval, was presented.
It was moved by McCormick, seconded by Kaeser, that the mi nutes of the Personnel
Committee held March 17, 1980, be approved and that the recommendations contained
therein be adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator, dated March 18,
1980, requesting authority to employ Dana C. Conroy as Policeman I, Step 5, effective
March 18, 1980, per Acting Chief Espinoza's request, pending on completion of gradu-
ati on .from'Golden West Pol ice Academy, was presented.
It was moved by McCormick, seconded by Ybarra, that the request of the City
Administrator be approved and that Dana C. Conroy be employed as Policeman I, Step
5, effective March 18, 1980. Motion carried.
Communication from Nicholas N. Weber, President of Weber Truck and Warehouse,
Vernon, California, dated March 13, 1980, recommending that the City Council, instead
of making state grant monies available for Maywood Parks, that the Vernon Chamber of
Commerce be given an opportunity to make a study to see if this money could be put
to good use in the City of Vernon, was presented.
41-0
I
I
I
I
I
-5-
3/18/80
The City Administrator stated that he had discussed this matter with the Director
of Public Works, and in view of the fact that a decision had to be made by March
31, 1980, at this time the Resolution has been passed, but it might be appropriate
to ask Mr. Weber to form an ad hoc committee to study the feasibility of using
future monies for the purpose ofa park in Vernon. The City would be willing to
offer some input from the Police, Health and Public Works Departments.
It was moved by McCormick, seconded by Ybarra, that the suggestion of the
City Administrator be transmitted to Mr. Weber, with a view toward forming the
ad hoc committee to study this issue. Motion carried.
Communication from the City Administrator, dated March 18, 1980, requesting
authority to purchase five (5) Police Department vehicles from John Schleifer
Chrysler-Plymouth, at a cost of $6,543.00 per vehicle, with a further request to
increase the amount budgeted for these items to approximately $33,500.00, if this
request is granted.
It was moved by Kaeser, seconded by Ybarra, that the request of the City
Administrator to purchase five Police Department vehicles from John Schleifer-
Plymouth at a cost of $6,543.00 per vehicle, and to increase the budgeted amount
for these items to approximately $33,500.00, be granted. Motion carried.
Resolution No. 4719 - A Resolution of the City Council of the City of Vernon,
California, approving the Purchase of five (5) Police Department Vehicles from
John Schleifer Chrysler-Plymouth, at a cost of $6,543.00 per vehicle, with an
increase in the budget up to $33,500.00 total.
It was moved by Kaeser, seconded by Gonzales, that Resolution No. 4719 be
approved and adopted. Motion carried.
AYES:
NOES:
ABSENT:
Kaeser, Gonzales, McCormick, Ybarra, Malburg
None
None
Communication from Fire Chief Bass, dated March 18, 1980, commending the
Public Works Department for their assistance during the over-hauling and investigation
of the fire scene at Superior Hand Prints Building, 2300 E. 27th Street, was read
by Chief Bass.
It was moved by Kaeser, seconded by Ybarra, that the letter of commendation
be received and filed. Motion carried.
Chief Bass reported that the department is conducting an investigation on the
cause of the fire above-mentioned, but as of this time, it must be assumed that same
was accidental. He further reported on the collapse of scaffolding on a silo for
Glass Containers, in which the Fire Department was instrumental in rescuing six
workers injured in the collapse, which took about one hour. Bass reported on the
fire at 26th Street and Soto Street, which is under investigation, on fire fighter
overcome by smoke inhalation.
Victor Vaits reported that the Santa Fe Railroad Company is working on some
of their crossings; that the Public Works Department will be meeting with the Department
of Transportation regarding additional train traffic on Alameda Street.
Lew Adams reported that the Water Department has no negative report on the sampling
of our water supply.
The Director of Public Works, Arthur Nelson, stated that annually the County
of Los Angeles conducts a study of the bridges and overhead structures in the area,
and we have received a copy of their report, and apparently they are satisfactory.
He expressed that the Soto Street Bridge, our oldest bridge, migh be widened to the
same width as the approaching roadway.
The mayor inquired whether anyone in the audience wished to address the City
Council. There was no response.
The City Attorney announced that he had received Notice of Entry of Judgement
from the Clerk, in the case of City of Vernon vs. Spencer Hogan, dated January
25, 1980, awarding $142.00 as rent and $800.00 in attorneys' fees to the City
of Vernon. Notice was mailed out March 4, 1980.
It was moved by Kaeser, seconded by Gonzales, that the Notice be received and
filed. Motion carried.
4~1
I
I
I
I
I
-6-
3/18/80
Mr. Marvin Thompson was acknowledged by the Mayor to address the Council.
Mr. Thompson introduced himself as a candidate for Assemblyman from the 47th
Assembly District.
At this time, 5:10 o'clock, p.m., it was moved by McCormick, secondedrby~
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/City Clerk, the City
Attorney, and Lou Hauger, Director of Environmental Control Section, were excluded
from the executive session.
Mayor Malburg ordered that all communications to and from the executive session
were deemed private and confidential.
The City Council took a recess at this time until 5:35 o'clock, p.m.
The City Council reconvened in executive session, all members being present
at the session.
At this time, 6:06 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.
Moti on carri ed.
Resolution No. 4718 - A Resolution of the City Council of the City of Vernon,
California, Determining the Disability Retirement of William Austin, Jr., a Local
Safety Member Employed by the City of Vernon (55210,24 & 21025 of the Government
Code) was presented.
It was moved by Kaeser, seconded by McCormick, that Resolution No. 4718 be ap-
proved and adopted. Motion carried.
AYES: Kaeser, McCormick, Gonzales, Ybarra, Malburg
NOES: None
ABSENT: None
It was moved by McCormick, seconded by Ybarra, that the additional prepared
Testimony of Baker G. Clay before the Federal Energy Regulatory Commission of the
United State, Southern California Edison Company, Docket No. ER79-150, on behalf
of the City of Vernon, California, March 1980, be received and filed. Motion carried.
At this time, Councilman McCormick requested he be excused from further attendance
at this meeting and from the meeting of April 1, 1980.
Councilman McCormick was then excused at6:10o'clock~:p.m.,.fromtbe remaiRoe'r
of the meeti ng as we 11 as the attendance at the Apri 1 1st meeti ng.
At this time, 6:10 o'clock, p.m., it was moved by Ybarra, seconded by Kaeser,
that the City Council go into executive session under 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, 6:30 o'clock, p.m., it was moved by Kaeser, seconded by Ybarra,
that the Council go out of executive session and resume regular session. Motion
carri ed.
It was moved by Kaeser, seconded by Ybarra, that the Notice of Dismissal in the
U.S. District Court, Marge Garcia vs. City of Vernon, Case No. CV-79-02988-MRPP (GX),
be received and filed. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the Notice of Bankruptcy
of Marjorie Stella Garcia, No. LA 80-01585-JB, in the United States Bankruptcy
Court, Central District of California, be received and filed. Motion carried.
412
I
I
I
I
I
~7~
3/18/80
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.
ATTEST:
tf~~4~
-- j , A /~_ )
:.---:';-:f~~Z'71!.t:e'J~~?~/z'.c~.(.nf""/ .
(LEONIS C. MALBURG, Mayor
'- . \
BRUCE V. MALKENHORST, City Administrator/
Ci ty Cl erk
413
I
MINUTES OF AN ADJOURNED rfffING OF THE
CIlY COUNCIL HELD MARCH 18J 1980J AT
TWO O'CLOCKJ P.M'J IN THE COUNCIL
CHAMBER OF THE CIlY HALL LOCATEJD AT
4305 SANTA FE AVENUEJ VERNONJ CALIFORNIA
r11<<RS PRESOO:
NONE
r11<<RS ABSOO:
GONZALESJ KAESERJ McCORMICKJ YBARRAJ MALBURG
DUE TO LACK OF A QUORUMJ THE CIlY AJ1v1INISTRATOR ADJOffiNED THE
MEETI NG UNTI L MA.RCH 18J 198(L AT FOUR 0' CLOCKJ P. M.
BRUCE V. rwJ<ENHORST
CITY CLERK/CITY ADMINISTRATOR
By..~.f?lhpv~
ALBERT B. MERVISH
CHIEF DEPUTY CITY CLERK
I
I
OP~ER OF ADJOURNMENT OF 11EETiNG
OF THE CITY COUNCIL OF THE CITY OF VERNON
I hereby certify tnat a regular meeting of the
City Council of the City of Vernon, held March 18, 1980 (2:00 p.m.)
in the Council Chamber of the City Hall, located at 4305
Santa Fe Avenue, Vernon, California, was adjourned by Order
AdmiDistrator not
of the City ~~i;:;l;:: (quorum present) until March 18, 1980
at 4:00 o'clock p. m. in the Council Chamber of the City
Hall, located at 4305 Santa Fe Avenue, Vernon, California.
d 13 ~~
BRUCE V. MA KENHORST
4-. hJ\ C~ty Clerk- Ci~y Administrator
~ tY - =9~=r~to:r==O{=:&};:~afte:e======
I