19801104 Regular City Council Meeting - Minutes
MINrJTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF VERNON,
HELD NOVEMBER 4, 1980 AT 4; 00 0 I CLOCK,
P .M., IN THE COUNCIL CHAMBER OF THE
CITY HAlL, LOCATED AT 4305 SANI'A FE
AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT:
Gonzales, Kaeser, Ybarra, Malburg
MEMBERS ABSENT:
McCormick
The meeting was called to order by Mayor Malburg.
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It was moved by Kaeser, seconded by Ybarra, that the minutes o:f the
meetings o:f the City Council held October 7 and 16, 1980, be approved as
written and submitted. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/Director
o:f Finance, transmitting minutes o:f the Finance Committee meeting held
October 16, 1980, :for approval o:f the recommendations therein, was pre-
sented. (Copy to each member o:f the City Council)
It was moved by Gonzales, seconded by Kaeser, that the minutes o:f the
Finance Committee meeting held October 16, 1980, be approved and that the
recommendations contained therein be adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator /Ci ty Clerk,
dated October 30, 1980, recommending a request :for variancy in Building Code
be granted to Camino Real Foods, Inc., based on compliance with the agreement
set :forth by the City o:f Vernon, as requested by Victor H. Vaits, Deputy
Director o:f Community Services, dated October 28, 1980, was presented.
It was moved by Ybarra, seconded by Kaeser, that the request o:f Camino
Real Foods, Inc., :for a "temporary variance :for the U.B. C., be granted under
conditions speci:fied in memorandum :from the Deputy Director o:f Community
Services, dated October 28, 1980, and approved by Fire Chie:f Bass. Motion
carried.
Amended Complaint, Sumnons and Amended Complaint, Order Granting Relie:f
from Claim Requirement, and Notice and Acknowledgement o:f Receipt, Ramona Benson,
Plainti:f:f vs. City o:f Maywood, City o:f Vernon, et al., Los Angeles Superior
Court Case #SE C 32392 was presented.
It was moved by Kaeser, seconded by Gonzales that the claim o:f Ramona
Benson be denied; that the pleadings set :forth in the above-entitled court
and cause ~e re:ferred to the City Attorney and to Southern Cali:fornia Joint
Powers Insurance Authority :for study, review and de:fense o:f the City's interest,
and that the City Administrator/City Clerk be authorized to execute the Notice
and Acknowledgement o:f Receipt. Motion carried.
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Communication from Bruce V. Malkenhorst, City Administrator/City Clerk,
dated October 23, 1980, requesting authorization to reimburse from the City's
Training and Education Fund, K. C. Lloyd the amount o:f $100.00 and D. W. Green
the amount o:f $75.66, :for courses taken in Police Science, was presented.
It was moved by Ybarra, seconded by Kaeser, that the request o:f the
City Administrator be approved and authority granted to issue warrant in
the amount o:f $100.00 to K. C. Lloyd and warrant in the amount o:f $75.66 to
D. W . Green. Motion carried.
486
Communication :from Bruce V. Malkenhorst, City Administrator/City Clerk,
dated October 27, 1980, recomnending that the Release in Full o:f all Claims
submitted by Jack P. Maltzrnan, in the amount o:f $999.73, as a result o:f in-
cident occurring on August 26, 1980, 3941 Soto Street, be accepted.
It was moved by Gonzales, seconded by Ybarra, that the Release in Full
o:f all Claims signed by Jack P. Maltzrnan be accepted, and authority granted
to issue warrant in the amount o:f $999.73 to Jack P. Maltzrnan. Motion carried.
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11/4/80
"Warrant Register No. 559" covering claims and demands presented during
the period October 16 thru 31st, 1980, which includes Demands Nos. 1728 to
1817 (both inclusive) excluding voided Demands Nos. 1736, 1796 and 1803,
drawn on the United California Bank, totaling $128,870.01 (Light and Power
Warrants $59,523.73) (Accounting period November, 1980) was examined and
audited.
It was moved by Ybarra, seconded by Gonzales, that Warrant Register
No. 559 be approved and payment authorized for Demands Nos. 1728 to 1817
(both inclusive) excluding voided Demands Nos. 1736, 1796 and 1803, drawn
on the United California Bank, with no other exceptions. Motion carried.
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"Payroll Warrant Register No. 282" covering claims and demands presented
during the period September 7 thru October 18, 1980, which includes Demands
Nos. 3149 thru 3168 (both inclusive), drawn on the Crocker National Bank,
totaling $744,913.38 (Accounting period October, 1980) was examined and audited.
It was moved by Kaeser, seconded by Ybarra, that Payroll Warrant Register
No. 282 be approved and payment authorized for Demands Nos. 3149 thru 3168
(both inclusive), with no exceptions. Motion carried.
Police Department Activity IDgs for October 1 - 16, and 16 - 31, 1980, were
presented.
It was moved by Ybarra, seconded by Kaeser, that Police Department Activity
IDgs for the month of October 1980 be received and filed. Motion carried.
The City Clerk announced that this was the time and place for the hearing
relating to the adoption of Ordinances No. 899,901, 902, 903 and 904 of the
City of Vernon, in accordance with the minute order of the City Council issued
October 7, 1980.
Proof of Publication in the IDs Angeles Daily Journal on September 25,
1980 of "Notice of Public Hearing" was duly acknowledged as being on file.
The City Clerk reported that no written cornrmmication relative to this
matter had been received.
Upon recomnendation of the City Attorney, it was moved by Ybarra, seconded by
Kaeser, that the second. and final reading of proposed Ordinances No. 899, 901,
902, 903 and 904 be deferred until the next regularly scheduled meeting of the
City Council. Motion carried.
At this time, 4:20 o'clock, p.m., the Mayor declared a recess.
At 4:30 o'clock, p.m., the City Council reconvened, all members present at
the beginning of this session, again being present.
It was moved by Kaeser, seconded by Ybarra, that the minutes of the City
Council meeting of October 7, 1980, with respect to Ordinance No. 906, be cor-
rected to reflect that said Ordinance regarding animal control and dog license
fees, was read for a second and final reading. Motion carried.
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Communication from Victor H. Vaits, Deputy Director of Cornrmmi ty Services,
dated November 3, 1980, advising that the proposed License Agreement with Norris
Industries for overhead pipelines on 50th Street, has been amended after dis-
cussion with the City Attorney, by including in the .Agr>eement, Section C, specific
requirements indication what substances are permitted in the various pipes,
was presented.
]Vb:>. Vaits informed the City Council that under Section C of the License
.Agr>eement, Norris Industries has agreed to submit a yearly report indicating
the nature, quality and quantity of the liquids transmitted.
It was moved by Ybarra, seconded by Gonzales, that License .Agr>eement be-
tween Norris Industries and the City of Vernon, for a pipe bridge over 50th
Street, be approved and that the Mayor and the City. Clerk be authorized to
execute the agreement on behalf of the City. Motion carried.
487
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11/4/80
Comrmmication from Arthur E. Nelson~ Director of Comrmmity Services~ dated
November 3~ 1980~ requesting authority and funds for Louis S. Hauger to attend
Toxic and Hazardous Materials Training Session~ State Health Department in
San Diego~ California~ November 20 - 22~ 1980~ with an expense allowance of
$137.00~ was presented.
It was moved by Kaeser~ seconded by Ybarra~ that the request of the
Director of Comnunity Services be approved and authority granted to issue
warrant in the amount of $137.00 to Louis S. Hauger. Motion carried.
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Comnunication from George F. Bass ~ Fire Chief ~ dated November 3 ~ 1980 ~ re-
questing authority and funds to attend National Fire Protection Association~ 1980
Fall Conference~ Town & County Hotel in San Diego~ November 17 - 20~ 1980~ with
an expense allowance of $393.00~ was presented.
It was moved by Gonzales~ seconded by Ybarra~ that the request of Fire
Chief Bass be approved and authority granted to issue warrant in the amount
of $393.00 to George F. Bass. Motion carried.
Comrmmication from Bruce V. Malkenhorst ~ Director of Finance ~ transmitting
minutes of Finance Committee meeting held November 3 ~ 1980 ~ for approval of
recomnendations contained therein. (Copy to each member of the City Council)
It was moved by Gonzales~ seconded by Kaeser~ that the minutes of the
Finance Committee meeting held November 3 ~ 1980 ~ be approved and that the
recommendations contained therein. (Copy to each member of the City Council)
It was moved by Gonzales~ seconded by Kaeser~ that the minutes of the
Finance Committee meeting held November 3, 1980, be approved and that the
recommendations contained therein be adopted. Motion carried.
Comrmmication from Bruce V. Malkenhorst, City Administrator/City Clerk,
transmitting minutes of Personnel Committee meeting held November 3~ 1980~
for approval of recommendations therein. (Copy to each of the City Council)
It was moved by Gonzales ~ seconded by Kaeser ~ that the minutes of the
Personnel Committee meeting held November 3, 1980~ be approved and that the
recommendations contained therin be adopted. Motion carried.
At this time the Mayor invited comments from the Staff. Battalion Chief
Moorehead ~ Victor Vai ts and Louis Hauger responded.
Lewis R. Adams reported that Santa Fe IBnd Improvement Company has made
inquiry regarding Vernon's proposed takeover of their Public Works Systems ~
and also reported on diesel plant matters.
It was decided that these items be discussed further at the Finance Committee
meeting to be held Monday~ November 10~ 1980.
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Mr. Adams reported that the Water and Power Department received a proposal
from EBASCO Business Consulting Company to perform a study to determine if the
City should continue to contract with Energy Services~ Inc. ~ to operate and
maintain the City's power system, or if it would be more economical for the
City to do its own operation and maintenance.
The proposal will be reviewed and recommendation made to the City Council.
The City Attorney commented on the election challenge law suit in Department
19 of the Superior Court ~ brought by Phillip Reavis and Spencer Hogan against
CounciJman Kaeser and advised that Judge Loomis' decision affirmed Mr. Kaeser's
election and other matters contained in the findings of fact.
There being no further comments~ at this time~ 5:00~ p.m. ~ it was moved
by Kaeser, 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.
488
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11/4/80
Mayor Malburg ordered that all communications to and from the executive
session were deemed private.
At this time, 5:40 o'clock, p.m., it was moved by Ybarra, seconded by
Gonzales 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 City Attorney be au-
thorized to file a claim against the City of Bell Gardens, as a result of their
employment of David H. Mains, who resigned August 22, 1980, from the Vernon
Police Department, violating the terms and conditions of his employment agreement.
Motion carried.
It was moved by Gonzales, seconded by Kaeser, that the City Attorney be
authorized to dismiss the action instituted by the City of Vernon against
lVIarjorie S. Garcia, in U.S. District Court, Central District of California,
Bankruptcy No. LA 80 01583 JB, Complaint No. LA 80 1145 JB. Motion carried.
At this time, 5:43 o'clock, p.m., it was moved by Kaeser, seconded by Ybarra,
that the City Council go into executive session under provisions of 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 comnunications to and from the executive
session were deemed private.
At this time, 6 :00 0 '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 Ybarra, seconded by Kaeser, that Comnunications Dispatcher
Steve Dawson be released from probationary status and terminated effective close
of business, November 4, 1980. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated
November 3, 1980, advising that Captain R.N. Dimmitt has submitted his resignation
and formal application for retirement from the city service, effective
February 27, 1981, recomnending that Captain Dimmitt's application be accepted,
was presented.
It was moved by Kaeser, seconded by Gonzales, that Captain R.L. Dimmitt's
resignation and formal application for service retirement with P.E .R.S. be ap-
proved and that the City Attorney be instructed to draft a resolution comnending
Captain Dimmitt for his many years of service in the Vernon Fire Department.
Motion carried.
There being no further business to come before the Council, it was moved
by Ybarra, seconded by Gonzales, that the meeting adj oum. Motion carried.
~. .. . /? L--;~ .~
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ATI'EST:
64~4~
BRUCE V. MALKENHORST, City Administrator/
City Clerk
489
OF THE CI'IY OF VEHNON, HELD
TUESDAY
, NO~ffiER 4, 1980 ,
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ORDER OF ADJOURNMENT OF MEETING
OF 'lEE CI'IY COUNCn. OF 'IHE CI'IY OF VEP..NON
I HEREBY CERTIFY TPAr A HEGUlAR }1EETING OF THE CI'IY COUNCIL
IN THE COUNCIL CIWlliER OF THE cm HAIL. LOCATED AT 4305 SANTA FE AVENL"E.
VERNON. CALIFORNIA..WAS ADJourNED BY ORDER OF THE CI'IY COUNCn.
(QUORU1 PHESENT) m-rrn.
TUESDAY
, NOVEMBER 4, 1~80
AT 4:00
>
O'CLOCK. P .H.. IN THE COUNCn. CF.AMBER OF THE CITY ff.AIL,
LOCATED AT 4305 SAtlTA FE AVENUE. VEHNON. CALIFORNIA
. CL0 Ano/c
r'1./i. ~CE V. MA.LKENHOHST.
, f7JI (. CITY AJ:l.lINISTRATOR/ CI'IY CLERK
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