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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