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19800506 Regular City Council Meeting - Minutes 1 1 I 'I ,I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL HELD MAY 6, 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: Kaeser, Gonzales, McCormick, Ybarra, Malburg COUNCIL ABSENT: None The meeting was called to order by Mayor Malburg. The City Clerk announced that this was the time and place for opening of bids on Purchasing Department Quotation No. 1146, Purchase of Diesel Fuel No.4 for Vernon Diesel Plant. It was moved by Ybarra, seconded by Gonzales, that the Clerk be instructed to open and read the bids submitted. Motion carried. The City Clerk opened and read the following bids: Crescent Oil & Refining Company $ 34.75 per barrel $316,225.00 total price It was moved by McCormick, seconded by Ybarra, that the bid received be referred to the Purchasing Department for review and recommendation, Motion carri ed. The City Council recessed until 2:20 o'clock, p.m. The City Council reconvened, all members that were present at the beginning of the session, again present. It was moved by Kaeser, seconded by Gonzales, that the minutes of the meeting of April 15, 1980, be approved as corrected, Motion carried. The City Clerk announced that this was the time and place for opening of bids on Contract No. 435, Slurry Sealing of Various Streets within the City of Vernon. It was moved by Ybarra, seconded by Kaeser, that the Clerk be instructed to open and read the bids submitted. Motion carried. The Clerk opened and read the following bids: Pavement Coatings Company Ted R. Jenkins Roy Allan Slurry Seal $ 6,997,05 10,650.00 6 ,311. 90 It was moved by McCormick, seconded by Ybarra, that the bids received be referred to the Director of Public Works for recapitulation, review and recommenda- tion. Motion carried. The City Clerk announced that this was the time and place for opening of bids on Contract No. 436, Apparatus Door System for Fire Station No, I, It was moved by Kaeser, seconded by Gonzales that the Clerk be instructed to open and read the bids submitted. Motion carried,_ The Clerk opened and read the following bid: Don LaForce Association, Inc. $ 21,098.00 It was moved by Ybarra, seconded by McCormick, that the bid received be re- ferred to the Director of Public Works for review and recommendation, Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated May 6, 1980, transmitting the Finance Committee minutes of the May 5, 1980 meeting for approval and adoption of recommendations, was presented, (22 I I I I I -2- 5/6/80 It was moved by Kaeser, seconded by Gonzales, that the minutes of the Finance Committee meeting of May 5, 1980, be approved and the recommendations contained therein adopted. Motion carried, Communication from Bruce V, Malkenhorst, City Administrator/City Clerk, dated May 6, 1980 transmitting minutes of the Personnel Committee meeting on May 5, 1980, was presented, It was moved by McCormick, seconded by Ybarra, that the minutes of the Personnel Committee meeting held May 5, 1980 be approved and that the recommendations contained therein be adopted. Motion carried, Communication from Bruce V. Malkenhorst, City Administrator, dated April 28, 1980, requesting Quotation No, 1148, ULight and Power Material" be awarded to Rosen's Electrical Equipment on the basis of their bid of $3,369,00, was presented. Resolution No. 4726 .. A Resolution of the City Council of the City of Vernon Accepting the Bid of Rosens Electrical Equipment Company for the Disposal of Materials from the Light and Power Department as Surplus Pursuant to Section 2.31 of the Vernon City Code in Accordance with Purchasing Department Quotation No, 1148 of the City of Vernon and Approving the Execution of any Document in Relation Thereto, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No~ 4726 be approved and adopted. Motion carried. AYES: NOES: ABSENT: Gonzales, Ybarra, McCormick, Kaeser, Malburg None None Resolution No. 4728 .. A Resolution of the City Council of the City of Vernon Determining the Authority and Responsibility for Inspection of City Bridges Within Said City, Indemnifying the County of Los Angeles for Such Inspection, Providing for Payment of Costs Thereof and Repealing Resolution No, 4156, was presented, It was moved by Ybarra, seconded by Kaeser, that Resolution No, 4728 be approved and adopted, Motion carried. AYES: NOES: ABSENT: Ybarra, Kaeser, McCormick, Gonzales, Malburg None None Communication from Richard J, Silber, Attorney at Law, dated March 25~ 1980, requesting Disability Retirement and Other Employment rights allegedly due to Ronald Cummings as a result of Industrial Disability in the Vernon Fire Department, was presented. It was moved by McCormick, seconded by Kaeser, that this item be referred to executive session for consideration, later this same day, Motion carried, Communication from Bruce V, Malkenhorst, City Administrator, dated April 24, 1980, requesting authority and funds for Robert Fleischman to attend the 1980 Legislative Seminar on Local Government Finance, May 28, 1980, in Sacramento, California, with an expense allowance of $137,00, was presented, It was moved by Gonzales, seconded by Kaeser, that the request of the City Administrator be approved and authority granted to issue warrant in the amount of $137.00 to Robert Fleischman. Motion carried, Communication from Arthur E, Nelson, Director of Public Works/Building, dated April 29, 1980, requesting authority and funds for James Persons to attend the Institute of Traffic Studies, May 30 to 31, 1980, in San Diego, California, with an expense allowance of $263.00, 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 $263.00 to James Persons. Motion carried. Communication from L.A. Espinoza, Acting Chief of Police, dated April 21, 1980, requesting authority and funds for Lt. Bob Emrick to attend the California Law Enforcement Association of Record Supervisors, IIAnnual Training Conference II , May 21 - 23, 1980, in San Diego, California, with an expense allowance of $276.00, was presented. 423 I I -3- 5/6/80 ~t was moved by Gonzales, seconded by Ybarra, that the request of Acting Chief Espinoza, be approved and authority granted to issue warrant in the amount of $276.100 to Bob Emrick. Motion carried. ~ommunication from Richard J. Silber, Attorney at Law, dated March 21, 1980, requesting Disability Retirement and Employment rights allegedly due to Keith Slifka as a reult of Industrial Disability in the Vernon Fire Department, was presented. ~t was moved by McCormick, seconded by Ybarra, that .this item be considered in execytive session later this same day. Motion carried. I I qommunication from Arthur E. Nelson, Director of Public Works/Buidling, dated April 1 , 1980, recommending that the completed work of Contract No. 430 Asphalt Resurfa ing of Certain Streets, be accepted and that authority be granted to ex- ecute p yment, was presented. esolution No. 4729 .. A Resolution of the City Council of the City of Vernon Accepti gthe Asphalt Resurfacing of Certain Portions of Alameda Street .at Vernon Avenue nd Portions of 26th Street and Asphalt Surfacing at Parking Area of Fire Station #1, in Accordance with Contract No. 430 of the City of Vernon, was presented, It was moved by McCormick, seconded by Gonzales, that Resolution No. 4729 be approve and adopted. Motion carried. McCormick, Gonzales, Kaeser, Ybarra, Malburg None None ommunication from Louis S. Hauger, Director of Environmental Health, dated April 1 , 1980, submitting inspection report and Summary of Evaluation on the Vernon ity Jail, was presented. It was moved by McCormick, seconded by Ybarra, that the communication from the Dir ctor of Environmental Health be received and filed. Motion carried. ommunication from George F. Bass, Fire Chief, dated April 8, 1980, requesting L.D. Cl rk be reimbursed in the amount of $38,37~ for classes in Fire Hydraulics taken a Rio Hondo College, was presented, It was moved by Kaeser, seconded by Gonzales, that the request of Chief Bass be appr ved and that authority be granted to issue warrant in the amount of $38.37 to L.D. Clark. Motion carried, olice Department Activity Log, April 16-30, 1980, was presented, It was moved by Kaeser, seconded by Ybarra, that Police Department Activity Log, April 16-30, 1980, be received and filed, Motion carried. "Warrant Register No. 547" covering claims and demands presented during the period of April 16 thru 30, 1980, which includes demands Nos. 93046 to 93152~ (both inclusive) drawn on the United California Bank, totaling $386,352,59 (Light and Power Warrants $292,644.57) Accounting Period, May 1980, was examined and audited. It was moved by Ybarra, seconded by McCormick that Warrant Register No, 547 be approved and payment authorized for Demands Nos, 93046 to 93152 (both inclusive) with no exceptions. Motion carried, Payroll Warrant Register No. 276 covering claims and demands presented during the period of March 9, 1980 to April 5, 1980, which includes demands Nos. 3032 to 3049 (both inclusive) drawn on the Crocker National Bank, totaling $489,646.54 (Accounting Period April, 1980) was examined and audited. It was moved by Ybarra, seconded by McCormick, that Payroll Warrant Register No. 276 be approved and payment authorized for Demands Nos. 3032 to 3049 (both in- clusive) with no exceptions. Motion carried, Communication from Day & Nite Taxi Cab Company, dated April 10, 1980, re- questing that the City Council permit a 25~ surcharge per trip due to the increase in the price of gasoline; previous rate increase was made in April, 1979, was presented. It was moved by McCormick, seconded by Kaeser, that Day & Nite Taxi Cab Com- pany's communication be received and filed. Motion carried. 424 I I -4- 5/6/80 Resolution No. 4727 - A Resolution of the City Council of the City of Vernon Approving the Purchase of Five (5) Police Department Vehicles from Maurice J. Sopp, was presented. It was moved by Gonzales, seconded by Kaeser, that Resolution No. 4727 be approved and adopted. Motion carried. AYES: NOES: ABSENT: Gonzales, Kaeser, McCormick, Ybarra, Malburg None None Resolution No. 4730 - A Resolution of the City Council of the City of Vernon Determining the Disability Retirement of Curtis Frank, a Local Safety Member, Employed by the City of Vernon (~~21024 & 21025 of the Government Code) was presented. The Mayor asked Mr. Frank, who was present in the audience, if he wished to proceed on the hearing of this matter~ in private or in public session. Mr. Frank replied that he had no questions, and no objection to the dis- ability retirement. It was moved by Gonzales, seconded by Kaeser, that Resolution No. 4730 be approved and adopted. Motion carried. AYES: NOES: ABSENT: Gonzales, Kaeser, McCormcik, Ybarra, Malburg None None Resolution No. 4731 - A Resolution of the City Council of the City of Vernon Determining the Disability Retirement of Byrt M. Waller, Jr., a Local Safety Member Employed by the City of Vernon (SS21024 & 21025 of the Government Code) was presented. The Mayor asked Mr. Waller, present in the audience, if he wished to discuss this matter in private or public session. Mr. Byrt Waller responded that he was willing to hear the matter in open session, and had no objection to this action. It was moved by Ybarra, seconded by Kaeser, that Resolution No, 4731 be ap- proved and adopted. Motion carried. AYES: NOES: ABSENT: Ybarra, Kaeser, McCormcik, Gonzales, Malburg None None Resolution No. 4732 - A Resolution of the City Council of the City of Vernon Appo.intTng RonaldJ. Einboden as Assistant City Attorney of the City of Vernon~ to Serve Under the Direct Supervision and Control of David B. Brearley, City Attorney, was presented. It was moved by Gonzales, seconded by Kaeser, that Resolution No. 4732 be approved and adopted. Motion carried. AYES: NOES: ABSENT: Gonzales, Kaeser, McCormick, Ybarra, Malburg None None Communication from Fire Chief George F. Bass, dated May 5, 1980, requesting authority and funds to attend California Fire Chiefs' Association, 24th Annual Conference, San Diego, California, May 18 to May 22, 1980, with an expense allowance of $393.50, was presented. It was moved by Kaeser, seconded by Gonzales, that the request of Fire Chief Bass be approved and that authority be granted to issue warrant in the amount of $393.00 to Chief Bass. Motion carried. The City Attorney advised the City Council that he had served certain in- dividuals to present testimony and produce documents for the hearing on Councilman Kaeser's election challenge with respect to voting irregularities in the General Municipal Election of April 8, 1980, whcih was set for hearing at 3:00 p.m., this session. Mr. Brearley reported that the Superior Court, Los Angeles County, Central District, has issued a temporary restraining order restraining the City Council from holding said hearing until after a hearing is held in said Superior Court on May 22, 1980, and recommend that the hearing is held in said session at 3:00.0'clock, p.m., be reset for May 23, 1980, at 10:00 o'clock, a.m. 4:25 I I -5- 5/6/80 It was moved by Gonzales, seconded by Ybarra, that the hearing set for this date at 3:00 o;clock, p.m., be postponed until May 23~ 1980 at 10:00 o'clock, a.m. Motion carried. The Mayor ordered that the record show that Councilman Kaeser abstained from voting on this motion. The City Attorney read the names of the individuals who had been subpoenaed some of whom had been contacted and agreed to return on the 23rd of May 1980: Lewis Rosenkrantz John Kriste Edward Saenz, Jr. Juan Elizarraras Edward Gonzales Michael Colbeth Marge Garcia Philip Reavis Dolores Alva Absent Present Present Absent Absent Absent Present Present Absent Joan Fay Waller Janice Madison Richard Hilton Lois Hilton Victor Vaits L.A. Espinoza Margarett Colbeth Edward Saenz, Sr. Lewis R, Adams Present Present Absent Absent Present Present Absent Absent Present It was moved by Ybarra, seconded by Gonzales, that those individuals present return on Friday, May 23, 1980, at 10:00 o'clock, a.m., for the hearing, and were released from further attendance at this session. Motion carried. Councilman Kaeser abstained from voting on this motion. The City Attorney then read in its entirety the communication from Spencer E. Hogan and Philip S.Reavis, dated May 1, 1980, requesting that Councilmen Kaeser, Gonzales, Ybarra and Malburg disqualify themselves from participating in any elect i.on contes t before the City Counci 1, and in the absence of a quorum, to allow the matter to be resolved by an impartial judge of the Superior Court. It was moved by Ybarra, seconded by Gonzales that the communication above referred to be received and filed. Motion carried. Councilman Kaeser abstained on the vote. Communication from Bruce V, Malkenhorst, City Administrator, dated May 6, 1980, transmitt i ng the Fi nance Committee mi nutes of the April 29, 1980 meeting for approval and adoption ~of recommendations, was presented, It was moved by Ybarra, seconded by Kaeser, that the minutes of the Finance Committee of April 29, 1980, be approved and that the recommendations contained therein be adopted. Motion carried. Battalion Chief Lloyd Schultz reported that the Fire Science Class from Rio Hondo College had been invited to a demonstration of heavy stream appl iances and pumping operations at Fire Station No.1, on Monday, May 12, 1980, at 1:00 o'clock, p.m., and that the City Council, or anyone in the audience who wished to attend was invited to do so. The Director of Public Works advised the City Council that he had received information that the replenishment district had reduced the assessment from $24.00 to $16.00; and that effective July 1, 1980, imported water would be increased from $105.00 to $116.00 per acre foot. At the present time the City is pumping 60% and this will definitely allow the Water Department to operate without a deficit. Mr. Nelson was asked by the Mayor as to the status of Southern California Water Company's progress on the feasibility of the City taking over their services in the City. Mr. Nelson stated that he would speak to Mr; Stewart of Southern California Water Company, what information he may have on the'proposal that was volunteered. Paul P. Hendricks, Consulting Electrical Engineer, reported that the Light and Power Department was issuing a Fact Sheet, and reviewing items and outlining procedures to work with the department's customers, and their analysis and views on energy conservation. The City Council then took a recess until 3:55 o'clock, p,m, At 3:55 o'clock, p,m., the City Council reconvened in regular session, all members present before the recess, again being present. 426 I -6- 5/6/80 The City Attorney announced that subpoenas should be issued for the at- tendance of the following individuals at the hearing set for Friday, May 23, 1980, at 10:00 o'clock, a.m: Spencer E. Hogan Deanne Hedlund Ronald Hedlund Carlton E, Claunch Tod J. Brown Rose M. Brown Scott C. Brown Eugene W. Fickes Edith J. Fi ckes Rol J, Cordary Margarett Colbeth Stephen M. Addison Marilyn S. Addison Anna M. Dawes It was moved by Ybarra, seconded by Gonzales, that subpoenas be issued for the fourteen individuals above named. Motion carried, Councilman Kaeser abstained from voting on this motion. Communication from David B, Brearley, City Attorney, dated May 5, 1980, advising that he has served certain individuals to present testimony and produce documents for the hearing on Councilman Kaeser's election challenge, and that the Superior Court, Los Angeles County, Central District, has issued a temporary restraining order, restraining the City Council from holding said hearing until after a hearing is held in said Superior Court on May 22, 1980, recommending the hearing set for May 6, 1980, be set for May 23,1980, at 10:00 o'clock, a,m" was presented. It was moved by Gonzales, seconded by Ybarra, that the communicaiton be re- ceived and filed. Motion carried. Councilman Kaeser abstained from voting on this motion. At this time, 4:12 o'clock, p.m., it was moved by Ybarra, seconded by Gonzales 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 executive session were deemed private, At this time, 4:55 otclock, 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. Communication from David B. Brearley, City Attorney, dated May 6, 1980, advising that he had appeared in the Los Angeles Superior Court, Central District, on May 2, 1980, at 1:30 p.m., on the Complaint for Temporary Restraining Order and Preliminary and Permanent Injunction, Superior Court Case No, 321525, Spencer E. Hogan and Philip S. Reavis, Plaintiffs, vs. City of Vernon and its City Council members, Defendants, with respect to the 1980 Vernon Municipal Election requesting the City Council ratify and approve the filing of complaint (L,A,S,C, Case #C 321507) re- questing that the County of Los Angeles and Spencer E, Hogan and Philip S. Reavis be restrained from pursuing said election challenge, was presented. It was moved by Gonzales, seconded by Ybarra, that Complaint for Temporary Restraining Order and Preliminary and Permanent Injunction~ Superior Court Case No. 321525, Spencer E. Hogan and Philip S, Reavis, Plaintiffs vs, City of Vernon and its City Council members, Defendants, be received and filed. Motion carried, Councilman Kaeser abstained from voting on this motion. It was moved by Ybarra, seconded by Gonzales, that the City Council approve and ratify the Complaint for Temporary Restraining Order and Preliminary and Permanent Injunctions, Superior Court Case No. C321507, and that the City Attorney be instructed to prosecute same on behalf of the City, Motion carried, Councilman Kaeser abstained from voting on this motion. It was moved by Gonzales, seconded by Ybarra, that the City Administrator and the City Attorney be authorized to represent the City of Vernon at a hearing before the Federal Energy Regul atory Commi ss i on, in Washi ngton D, C" in the matter of Southern California Edison Company's rate increase, May 11-12, 1980, with an expense allowance of $1,068.00 each. Motion carried, 427 -7- 5/6/80 Communication from Richard J. Silber, Attorney at Law, dated March 25, 1980, requesting Disability Retirement and Other Employment Rights allegedly due to Ronald Cummings as a result of Industrial Disability in the Vernon Fire Department, was presented. It was moved by McCormick, seconded by Ybarra, that this item be referred to the City Attorney for review and recommendation. Motion carried. I Communication from Richard J. Silber, Attorney at Law, dated March 21, 1980, requesting Disability Retirement and Employment rights allegedly due to Keith Slifka as a result of Industrial Disability in the Vernon Fire Department, was presented. It was moved by McCormick, seconded by Kaeser, that this item be referred to the City Attorney for review and recommendation. Motion carried. Communication from City Attorney David B. Brearley, dated May 5, 1980, advising that Carl Warren & Company has reviewed the claim of Ramona Benson and request for Application to Present Late Claim, recommending that same be rejected under Government Code Section 911.6, was presented. It was moved by Kaeser, seconded by McCormick, that the Application of Ramona Benson for Leave to Present Late Claim be denied. Motion carried. There be ng no further bus i ness to come before the Ci ty Council, it was moved by McCorm ck, seconded by Gonzales that the meeting adjourn. """":;:;:::;'':'., " A ~;.:<:~"'....:;, ./~ ) .<' .Cz.'7"".:.::L~; ///""t-c..; ~t.rz:~,.. i ,/. V (..LEONIS c. MALBURd~ Mayor ATTEST: L1~~~ // BRUCE V. MALKENHORST, City Administrator/ City Clerk I 4:28