19801204 Regular City Council Meeting - Minutes
494
MINUl'ES OF AN ADJOURNED REGULAR MEETING OF
THE CITY COUNCn. OF THE CITY OF VERNON, HELD
DECEMBER 4, 1980, AT 9 :30 O'ClOCK, P.M., IN
THE COUNCn. CHAMBER OF THE CITY HAIL, LOCATED
AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT:
Gonzales, McConnick, Ybarra, Malburg
MEMBERS ABSENT:
Kaeser
I
The Ireeting was called to order by Mayor Malburg.
Com:rn.mication fran Arthur E. Nelson, Director of Ccmnunity Services, dated
December 2, 1980, advising that the bid received and opened December 2, 1980,
according to Contract No. 438 has been reviewed, recanmending that the contract
be awarded to Safety Striping Service, Inc., on the basis of their bid, $20,859.99,
was presented.
Resolution No. 4763 - A Resolution of the City Cotmcil of the City of
Vemon, Awarding Contract No. 438, Paverrent Striping, 1981, to Safety Striping
Sel."Vice, Inc., was presented.
AYES:
NOES:
ABSENT :
McConnick, Ybarra, Gonzales, Malburg
None
Kaeser
Corrmunication from Arthur E. Nelson, Director of Com:rn.mity Services, dated
November 25, 1980, submitting Contract No. 439, Installation of Internally
Illuminated Street Name Signs, was presented.
Resolution NOM 4762 "'" A Resolution of the City Cbtmcil of the City of
Vemon, Approving Contract No. 439 and Authorizing Sealed Proposals or Bids for
Installation of Internally Illuninated Street Name Signs, was presented.
It was IIDved by McConnick, seconded by Ybarra, that Resolution No. 4762
be approved and adopted. Motion carried.
AYES:
NOES:
ABSENT :
McConnick, Ybarra, Gonzales, Malburg
None
Kaeser
Ordinance No. 899 - An Ordinance of the City Cotmcil of the City of Vemon,
Regulating the Erection, Construction, Enla:rgerrent, Alteration, Repair, 11oving,
Raroval, Conversion, DenDlition, Occupancy, Equiprrent, Use, Height, Area, and
Providing for the Issuance of Pennits and Collection of Fees Therefor, and Adopting
Penalties for the Violation Thereof, and Adopting the Uniform Building Code, 1979
Edition, Including Appendicies, Chapters 23, 38, 48 and 57, Promulgated by the
International Conference of Building Officials, and Repealing all Ordinances and
parts of Ordinances in Conflict therewith, was read for a second and final reading.
It was rooved by Ybarra, seconded by McConnick, that Ordinance No. 899 receive
and pass a second reading, and be adopted. Motion carried.
I
AYES:
NOES:
ABSENT :
Ybarra, McConnick, Gonzales, Malburg
None
Kaeser
Ordinance No. 901 - An Ordinance of the City Cotmcil of the City of Vemon
Regulating the Design, Construction, Installation, Quality of Materials, Location,
Operation and Maintenance of Heating, Ventilating, Cooling, Refrigeration Systems,
Incenerators, and other Miscellaneous Heat-Producing Appliances or Equipment on
Premises within the City of Vemon, and Adopting the' Uniform Mechanical Code, 1979
Edition, and Repealing all Ordinances and parts or Ordinances in Conflict Herewith:,
was read for a second and final reading.
It was IIDvedby Ybarra, seconded by McConnick, that Ordinance No. 901 receive
and pass a second reading. M:>tion carried.
AYES:
NOES:
ABSENT :
Ybarra, McConnick, Gonzales, Malburg
None
Kaeser
I
I
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12/4/80
Ordinance No. 902 - An Ordinance of the City of Vemon Regulating the
Errection, Installation, Arangerrent, Alterations, Additions, Repair, Relocation,
Replacerrent, Maintenance, Use and Operation of any Plunbing and Drainage System
on Premises within the City of Vemon, and Adopting thelJniform Plunbing COde,
its Appendices A through I and the Installation Standards, 1979 Edition, by Re-
ference and Repealing all Ordinances and Parts of Ordinances in Conflict Therewith,
was read for a second and final reading.
It was moved by Ybarra, seconded by McConnick, that Ordinance No. 902
receive and pass a second and final reading and be adopted. Motion carried.
AYES:
NOES:
ABSENT :
Ybarra, McConnick, Gonzales, Malburg
None
Kaeser
Ordinance No. 903: An Ordinance of the City of Vemon adding New Article IX,
Sections 7. 90 through 7.93 to the Code of the City of Vemon, Califomia, 1959,
Providing for Liability and Variances and Prescribing Penalties for the Violation
of any Provision of Ordinance Nos. 899, 901, 902, 903 and 904 which Adopted by
Reference the Uniform Mechanical Code, 1979 Edition, the Uniform Plurribing Code,
1979 Edition, the Uniform Fire Code, 1979 Edition, the Uniform Building Code, 1979
Edition and Repealing all Ordinances and parts of Ordinances in Conflict Therewith,
was read for a second and final reading.
It was IIDved by Ybarra, seconded by McConnick, that Ordinance No. 903
receive and pass a second and final reading and be adopted. Motion carried.
AYES:
NOES:
ABSENT :
Ybarra, McConnick, Gonzales, Malburg
None
Kaeser
Ordinance No. 904 - An Ordinance of the City of Vemon Adopting the Uniform
Fire Code, 1979 Edition, Including Appendices A through I, Prescribing Regulations
Goveming Conditions Hazardous to Life and Property from Fire or Explosion, and
Establishing a Bureau of Fire Prevention and Providing Officers Therefor and De-
fining their Powers and Duties, and Repealing all Ordinances and parts or Ordinances
in Conflict Therewith, was read for a second and final reading.
It was moved by Ybarra, seconded by McConnick, that Ordinance No. 904
receive and pass a second reading and be adopted. Motion carried.
AYES:
NOES:
ABSENT :
Ybarra, McConnick, Gonzales, Malburg
None
Kaeser
Resolution No. 4759 - A Resolution of the City C01.IDcil of the City of Vemon
Approving the Execution of the Arrendment and Renewal of a Contract Between the
City of Vemon and M=devac, Inc., for Interim Paramedic Services and Detennining
that the Execution and Implementation of said Agreerrent will not have any Adverse
Affect Upon the Wages, Hours, or Working Conditions of Employees in the Fire
Department. (Deferred from the November 18, 1980 neeting), was presented.
It was IIDved by Ybarra, seconded by Gonzales, that this item be deferred
until the next regularly scheduled meeting of the City Council, on December 16,
1980 . Motion carried.
''Warrant Register No. 561" covering claims and demands presented during the
period Noveni>er 16th through November 30, 1980, which includes Demands Nos. 1955
through 2026 (both inclusive) excluding voided Demand No. 1992, drawn on the
United California Batik, totaling $1,267,902.01 (Light and Power Warrants $1,157,485.22)
Accounting Period December, 1980, was examined and audited.
It was IIDved by Ybarra, seconded by McConnick, that Warrant Register No. 561
be approved and pa~nt authorized for Demands Nos. 1955 through 2026 (both in-
clusive) excluding voided Demand No. 1992, with no other exception. Motion carried.
Police Department Activity Log, Noveni>er 16 - 31, 1980, was presented.
It was moved by Ybarra, seconded by Gonzales, that the Police Department
Activity Log for the period Noveni>er 16 - 31, 1980, be received and filed.
Motion carried.
495
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12/4/80
Corrmunication: fran Bruce V. :Malkenhorst, City Administrator/City Clerk,
dated December 2, 1980, requesting approval of recoomendations contained in the
minutes of the Personnel Carmi.ttee held December 1, 1980, was presented.
It was moved by Ybarra, seconded by Gonzales, that the minutes of the
Persormel Ccmn:ittee n:eeting held December 1, 1980, be approved and that the
recaImimdation contained therein be adopted. Motion carried.
Claim for Damages presented on behalf of Aubrey L. Teters and Dolly Teters
against the City of Vemon, dated November 21, 1980, in the aIIPUIlt of $1,200,000
as the result of an accident occurring August 22, 1980, in the City of San Marino,
California, was presented.
I
It was moved by McCormick, seconded by Ybarra, that the claim of Aubrey
L. Teters and Dolly Teters be referred to eXecutive session, for review, in-
vestigation and reccmnendation. Motion carried.
Camnmication fran L.A. Espinoza, Acting Chief of Police, dated November 18,
1980, requesting authority and funds for Robert N. Graham to attend the Califomia
Homicide Investigation Seminar in San Jose, Califomia, January 14, 1981 to
January 17, 1981, with an expense allowance of $355.00, was presented.
It was moved by Gonzales, seconded by Ybarra, that the request of Acting
Chief Espinoza be approved and authority granted to issue warrant in the aIIPUIlt
of $355.00 to Robert N. Graham. Motion carried.
Ccmnuni.cation fran George F. Bass, Fire Chief, dated December 2, 1980, re-
questing authority and ftmds for Francis W. Sumner to attend the National Fire
Academy - Fire/Arson Detection in San Diego, California, December 10 - 12, 1980,
with an expense allowance of $276.85, was presented.
It was moved by McCormick, seconded by Gonzales, that the request of
Chief Bass be approved and authority granted to issue warrant in the aIIDunt of
$276.85. Motion carried.
Ordinance No. 907 - Am Ordinance of the City Council of the City of Vemon
to License for the purpose of Revenue and Regulation, Certain kinds of Businesses
Aubhbrized by Law and Carried on in the City of Vemon, Including Shows-Exhibitions,
and Lawful Garres; to Fix and Establish their Rates of License Taxes and to Pro-
vide for Their Collection by Suit or Otherwise; Prescribing Penalties for the
Violation of any Provisions of the Ordinance, and Repealing all Ordinances and Parts
of Ordinances in Conflict Therewith, was read for a first and final reading, as
an emergency ordinance.
It was moved by McCormick, seconded by Gonzales, that Ordinance No. 907
receive and pass a first reading, as an emergency Ordinance, and be adopted.
Motion carried.
AYES:
NOES:
ABSENT :
McCormick, Gonzales, Ybarra, Malburg
None
Kaeser
I
The Mayor invited cClllIents fran the Staff.
Arthur Nelson reported that the Irving Street Storm Drain is substantially
completed; that at the Washington Boulevard Underpass, a retaining wall was in-
stalled to prevent water fran entering the underpass, causing it to run to the
East, over the sidewalk and through a catch basin and into the stonn drain.
At this time, 10:07 o'clock, a.m., it was moved by Ybarra, seconded by
McCormick, that the City Council go into executive session under attomey/Client
privilege. Motion carried.
All persons, with the exception of the City Administrator/City Clerk, and
the City Attomey, were excluded fran the executive session.
Fire Chief Bass and Acting Chief Espinoza were requested to stand by, on
call of the City Council.
Mayor Malburg ordered that all conmunications to and fran the ex.ecuti ve
session were deemed private.
496
497
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12/4/80
Acting Chief Espinoza was called at 10:30 o'clock, a.m., into executive
session, and excused from attendance at 11:14 o'clock, a.m.
At this time, 11:15 o'clock, a.m., it was moved by McCormick, seconded by
Ybarra, that the City Cotmcil go out of executive session and resume regular
session. Motion carried.
Corrmunication from Dana W. Reed, dated Novenber 25, 1980, to :Hartin H. Milas,
Office of the Attomey General, 3580 Wilshire Boulevard, re: People of the State
of California vs. Keith Kaeser, Relator, with copy to Mitchell Abbott, advising
that Spencer Hogan and Philip Reavis have withdrawn their application for leave
to sue in quo warranto, was presented.
It was moved by McCormick, seconded by Ybarra, that the ccmnunication be
received and filed. Motion carried.
I
With respect to the claim of Aubrey and Dolly Teters, presented in the
earlier part of this session, and deferred to executive session, it was moved
by Ybarra, seconded by McCormick, that the claim be denied and referred to
Southem California Joint Powers Insurance Agency for review, investigation and
defense. Motion carried.
At this time, l1::Jl8 o'clock, a.m., it was moved by McCormick, seconded by
Ybarra, that the City COlD1cil go into executive session tmder Section 54957 of
the Goverrment Code. Motion carried.
Fire Chief Bass and Acting Police Chief Espinoza were requested to stand
by for attendance.
Mayor Malburg ordered that all ccmnunications to and fran the executive
session were deened private.
Fire Chief Bass attended the executive session from 11:20 o'clock, a.m.,
and was excused from further attendance at 12:13 o'clock, p.m.
At this time, 12:18 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.
Resolution No. 4764 - A Resolution of the City Cotmcil of the City of Vemon,
Approving an FmploynEnt Agree:rrent for Chief of Police.
It was moved by Gonzales, seconded by Ybarra, that Resolution No. 4764
be approved and adopted. Motion carried.
AYES:
NOES:
ABSENT :
Gonzales, Ybarra, McCormick, Malburg
None
Kaeser
I
Comnunication fran Bruce V. Malkenhorst, City Administrator/City Clerk dated
December 2, 1980, reconmending that Chief of Police, L.A. Espinoza be advanced to
Chief of Police, Step 1, effective December 4, 1980, was presented.
It was moved by Ybarra, seconded by Gonzales, that Chief of Police L.A.
Espinoza be advanced to Step , effective December 4, 1980. Motion carried.
At this time, 12:25 o'clock, p.m., Councilman Gonzales was excused from
further attendance.
It was moved by McCormick, seconded by Ybarra that the minutes of the
City Cotmcil meeting held Novenber 18, 1980, be approved as written and submitted.
Motion carried.
Corrmunication . fran Frank Murillo, dated November 13, 1980, to Bruce V.
Malkenhorst, City Administrator, advising that he will vacate the city-owned
apart:Irent located at 3380 East 50th Street effective December 10, 1980.
It was moved by McCormick, seconded by Ybarra, that the conmunication be
received and filed. Motion carried.
498
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12/4/80
At this time, 12: 37 0' clock, p.m., it was IOOved by Ybarra, seconded by
McConnick, that the C:i,ty Cotmcil go into executive session tmder Section 54957
of the Goverrnnent Code. Motion carried.
All persons with the exception of the City Administrator/City Clerk and the
City Attomey, were excluded from the executive session.
Mayor Malburg ordered that all ccmnunications to and from the executive
session were deemed private.
At this time, 12:50 o'clock, p.m., it was moved by McConnick, seconded by
Ybarra, that the City Council go out of executive session and resume regular
session. Motion carried.
I
Employment Agreement for Purchasing Agent's Services between the City of
Vemon and Frank S. Murillo, was presented.
It was IOOved by McConnick, seconded by Ybarra, that the City of Vemon enter
into an employment agreement with Frank S. Murillo, placing him on a probationary
status for the next six (6) months, said status to have the same force and
effect as if he were a new hire serving a probationary status of six (6) months,
while serving as the City's Purchasing Agent. Motion carried.
Th.ere being no further business to cane before the City Council, it was
IIDved by McConnick, seconded by Ybarra, that the rreeting adj ourn. Motion carried.
/-~~~~~~12 ~
ATIEST:
6~~ N~
BRUCE V. MALKENHORST, City Administrator /
City Clerk
I
OF THE CITY OF VERNON, HElD
TUESDAY
DECEMBER 2, 198Q
I
ORDER OF ADJOURNMENr OF MEETING
OF THE CITY COUNCIL OF THE CITY OF VEP..NON
-----------------------------------------
I HEREBY CERTIFY !PAT A REGULAR HEETING OF THE CITY COm~CIL
IN THE COUNCIL ClWfBER. OF THE CITY HAIL , LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA, 'WAS ADJOUP,NE[) BY ORDER OF THE CITY CGlRl€lH. Q...L~K
NOT
(QUORUH PRESENT) UNTIL THURSDAY , DECEMBER 4, 1980
AT 9 :30
\
O'CLOCK, P .N., IN THE COUNCIL CfI.AMBER OF THE CITY F.AlL,
LOCATED AT 4305 SM>1'fA FE AVENUE, VERNON, CALIFORNIA
/J~~~
BRUCE V. MALKENHORST,
CI'lY All'ITNIS'IRA'IORj CITY ClERK
I