19810505 Regular City Council Meeting - Minutes
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL HELD MAY 5, 1981, AT
TWO O'CLOCK, P.M., IN THE COUNCIL
CHAMBER OF THE CITY HALL, LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Gonzales, Ybarra, Malburg
MEMBERS ABSENT: McCormick
The meeting was called to order by Mayor Malburg.
It was moved by Gonzales, seconded by Ybarra, that the
minutes of the City Council meeting April 21, 1981, be deferred
until the next regular meeting of the City Council, May 19, 1981.
Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator,
dated April 20, 1981, recommending granting a variance from the
1979 Uniform Fire Code to the Vernon Lions Club, was presented.
(Deferred at the last meeting, April 21, 1981).
It was moved by Gonzales, seconded by Ybarra, that the request
for a variance from the Uniform Fire Code 1979 by Vernon Lions
Club be granted with the provision that an umbrella policy in
the amount of $1,000,000.00 be furnished for public liability.
Motion carried.
Parcel Map No. 14055 for subdivision of land owned by Swift
& Company into two parcels was presented. (Deferred at the
last meeting, April 21, 1981).
Victor Vaits reported that he met with the parties concerned
in this matter twice, and the City spelled out its conditions that
Jewel Avenue be maintained in good and adequate condition, and that
an adequate water supply be provided and that can be accomplished
by extending tfr€existing water main in Jewel Avenue, which is a
private line, at this time, to 37th Street, and by improving the
street to City standards. Mr. Vaits further reported that the
City would entertain suggestions that would accomplish the access
and water supply requirements, and as of this time, no agreement
was reached.
Mayor Malburg asked if anyone in the audience wished to be
heard on this item.
Mr. Gary Plotkin addressed the City Council, stating that
he was an attorney and that he represented the buyers of the
easterly portion of the proposed subdivision, commonly known as
Parcel No.2. Mr. Plotkin is of the belief that the condition
relating to the water line is not unreasonable, and would be
willing to put in adequate water capacity, but as far as the
condition relating to the street is concerned, it would be their
proposal to submit a subsequent written recommendation, as unfor-
tunately, most of that access has been "beat up" by Swift & Co., in
the past and their parcel has no frontage on Jewel Avenue, but
only as easement for ingress and egress. Mr. Plotkin stated that
some arrangement should be made for the street maintenance, but
that the cost should be divided, and submission of a recommendation
on this in writing regarding the improvement of Jewel Avenue, which
is the responsibility of Swift & Company and the purchasers,would
be in order, so that the subdivision can be accomplished as soon
as possible. Mr. Plotkin stated that he represented Landmark Beef
Processors, and that his client, Mr. Treybach, is also present.
Mr. Plotkin requested that if this matter is to be deferred, he
would request that it be placed first on the agenda at the next meeting.
544
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City Council
page 2
May 5, 1981
It was moved by Gonzales, seconded by Ybara, to defer this
item until the meeting of May 19, 1981. Motion carried.
Connnunication from Bruce V. Malkenhorst, City Administrator/
City Clerk, dated May 5, 1981, transmitting Personnel Connnittee
Minutes of the Meeting held May 4, 1981, reconnnending approval and
adoption of the reconnnendations contained therein, was presented.
It was moved by Ybarra, seconded by Gonzales, that the minutes
of the May 5, 1981 Personnel Connnittee meeting be~~pproved, and
that the reconnnendations contained therein be adopted. Motion
carried.
Police Department Activity Log - April 16-30, 1981, was presented.
It was moved by Ybarra, seconded by Gonzales, that the Activity
Log of the Police Department be received and filed. Motion carried.
Warrant Register No. 571, coverin claims and demands presented
during the period April 16th-30th, which includes Demands Nos. 3131
to 3204 (both inclusive) drawn on the United California Bank
totaling $281,452.27 (Light & Power Warrants $184,336.61) Accounting
Period May 1981, was examined and audited.
It was moved by Gonzales, seconded by Ybarra, that Warrant
Register No. 571 be approved and payment authorized for Demands
Nos. 3131 to 3204 (both inclusive) with no exceptions. Motion carried.
Payroll Warrant Register No. 288 - covering claims and demands
presented during the period March 8, 1981 to April 18, 1981 which
oincludes Demands Nos. 3244 to 3265 (both inclusive), drawn on
the Crocker National Bank, totaling $760,153.30 (Accounting Period
April 1981), was examined and audited.
It was moved by Gonzales, seconded by Ybarra, that Payroll
Warrant Register No. 288 be approved and payment authorized for
Demands Nos. 3244 to 3265 (both inclusive), with no exceptions.
Motion carried.
RESOLUTION NO. 4797 - A Resolution of the City Council of
the City of Vernon Commending Robert Morasse for His Many Years of
Service to the City of Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that Resolution
No. 4797 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
Gonzales, Ybarra, Malburg
None
McCormick
RESOLUTION NO. 4798 - A Resolution of the City Council of
the City of Vernon Amending Section 3 of Resolution No. 4704
Determining the Disability Retirement of Keith Slifka, was presented.
It was moved by Ybarra, seconded by Gonzales, that action
on this item be deferred to executive session, later this day.
Motion carried.
RESOLUTION NO. 4799 - A Resolution of the City Council of
the City of Vernon Approving a Consulting Agreement for Electrical
Engineering Management Services Between James T. Brodie and the City
of Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that Resolution
No. 4799 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
Gonzales, Ybarr~, Malburg
None
McCormick
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City Council
page 3
May 5, 1981
Communication from Arthur E. Nelson, Director of Community
Services, dated April 30, 1981, recommending the award of Contract
No. 441, Slurry Sealing of Various Streets in Vernon to Roy Allen
Slurry Sealing, Inc., was presented.
RESOLUTION No. 4800 - A Resolution of the City Council of the
City of Vernon, Accepting the Bid of Roy Allen Slurry Seal, Inc.,
for Slurry Sealing of Various Streets in the City of Vernon in
Accordance with Contract No. 441 of the City of Vernon and Approving
the Execution of said Contract, was presented.
It was moved by Ybarra seconded by Gonzales, that Resolution
No. 4800 be approved and adopted. Motion carried.
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AYES:
NOES:
Absent:
Ybarra, Gonzales, Malburg
None
McCormick
ORDINANCE NO. 910 - An Ordinance of the City Council of the
City of Vernon Amending the Code of the City of Vernon, California
1959, by Adding Section 2.10-1 to Chapter 2, Article III, to
Establish a Claims Procedure for the Filing of Claims by City
Employees and Repealing All Ordinances and Parts of Ordinances in
Conflict Therewith, was read by title for a first reading.
It was moved by Ybarra, seconded by Gonzales, that Ordinance
No. 910 receive and pass a first reading. Motion carried.
AYES:
NOES:
Absent;
Ybarra, Gonzales, Malburg
None
McCormick
Communication from L. A. Espinoza, Chief of Police, dated
April 28, 1981 requesting authority and funds for Howard N. Stolan
to Attend California Check Investigators Training Institute, Palm
Springs, May 27, to 30, 1981, with an expense allowance of $301.08,
was presented.
It was moved by Ybarra, seconded by Gonzales, that the request
of the Chief of Police be approved, and warrant issued in the amount
of $301.08 to Howard N. Sto1an. Motion carried.
Communication from Frank Murillo, Purchasing Agent, dated
May 5, 1981 advising that additional units for the Police Department
are available from Sopp Chevrolet; cost on initial orderof $7,970.09
per vehicle, plus tax; new cost per vehicle $8,458.12 (due to various
price increases of $488.03); purchase order is pending approval of
the City Council of one Black & White and one plain unit Malibu
Sedan, at a total cost of $17,862.31, was presented.
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It was moved by Gonzales, seconded by Ybarra, that purchase of
one Black & White and one plain unit Malibu Sedan be authorized at a
total cost of $17,862.31, and that general funds be made available
to the Police Department for the additional units. Motion carried.
RESOLUTION NO. 4801 - A Resolution of the City Council of the
City of Vernon Determining the Disability Retirement of Michael
Dixon, A Local Safety Member, Employed by the City of Vernon
(SS 21024 & 21025 of the Government Code) ';fwas presented.
It was moved by Ybarra, seconded by Gonzales, that action on
this item be deferred to executive session later this same day.
Motion carried.
The City Administrator/City Clerk read, in its entirety, a
letter of resignation dated April 21, 1981, signed by Councilman
Keith K. Kaeser, to be effective April 30, 1981.
It was moved by Ybarra, seconded by Gonzales, that the resig-
nation of Councilman Kaeser be accepted. Motion carried.
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City Council
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Nay 5, 1981
It was moved by Ybarra, seconded by Gonzales that a resolution
be prepared and presented at the next City Council meeting, com-
mending Councilman Kaeser for his many years of service to the
City of Vernon. Motion carried.
At this time, the Mayor invited comments from the Staff.
Following comments from the Staff, the Mayor read in its
entirety a communication addressed to him, dated April 24, 1981,
from Joseph S. Guzman, a parishoner of St. Martha's Church, to
which was attached a copy of a petition signed by approximately
350 individuals in favor of keeping St. Martha's Church in the
City of Vernon.
The Mayor also read a communication dated April 24, 1981,
addressed to His Eminence Cardinal Timothy Manning, by Joseph
S. Guzman, parishoner, in which he suggested a compromise to the
closing of the church, by having the church declared as a cultural
and historical monument. There was also a communication from
Mr. Guzman to Monsignor Benjamin Hawkes, dated April 24, 1981
soliciting favorable consideration. to the appeal asking that St.
Martha's Church be declared a cultural and historical monument.
Following a discussion of the subject before the City Council
the following action was taken:
RESOLUTION NO. 4802 - A Resolution of the City Council of the
City of Vernon Declaring St. Martha's Church to Be a Historical
Monument, was presented.
It was moved by Ybarra, seconded by Gonzales, that Resolution
No. 4802 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
Ybarra, Gonzales, Malburg
None
McCormick
At this time, 3:15 o'clock, p.m., it was moved by Ybarra,
seconded by Gonzales, that the City Council go into executive
session under Section 54957 of the Government Code. 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 declared all communications to and from the
executive session were deemed private and confidential.
At this time, 3:53 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.
Communication from Albert B. Mervish, Chief Deputy City Clerk
dated April 30, 1981, advising that he has applied for service
retirement with PERS, and that he will begin his retirement effective
July 1, 1981.
It was moved by Ybarra, seconded by Gonzales that the resignation
for retirement purposes of Albert B. Mervish, effective close of
business June 30, 1981 be accepted, and that a resolution be adopted
commending him for his many years of service to the City of Vernon.
Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator
City Clerk, dated May 5, 1981, recommending that Lois J. Hilton
be designated Chief Deputy City Clerk, in addition to her other
duties as Deputy City Treasurer, effective July 1, 1981, was presented.
It was moved by Gonzales, seconded by Ybarra, that Lois J.
Hilton be appointed Chief Deputy City Clerk, effective July 1, 1981,
in addition to Deputy City Treasurer duties. Motion carried.
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City Council
page 5
May 5, 1981
It was recommended by Bruce V. Malkenhorst, City Administrator/
City Clerk, that Sergeant James E. Mason be appointed to the
position of Acting Lieutenant, Grade II, effective May 3, 1981.
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It was moved by Ybarra, seconded by Gonzales, that Sergeant
James E. Mason, be advanced to Acting Lieutenant, Grade II,
effective May 3, 1981, Motion carried.
At this time the mayor declared a recess, 4:00 o'clock P.M.
The City Council reconvened after the recess, at 4:2.8 o'clock
p.m., all members present before the recess again being present.
At this time 4:29 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; the City Attorney, James Brodie and BffirerG. Clay were
excluded from the executive session.
Mayor Malburg declared all communications to and from the
executive session were deemed private and confidential.
James Brodie and Baker G. Clay were excused from further
attendance at 5:50 o'clock, p.m.
At this time, 6:28 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. 4798 - A Resolution of the City Council of
the City of Vernon Amending Section 3 of Resolution No. 4704
Determining the Disability of Keith Slifka, was presented.
It was moved by Gonzales, seconded by Ybarra, that Resolution
No. 4798 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
Gonzales, Ybarra, Malburg
None
McCormick
The City Attorney presented a report to the City Council
concerning the industrial disability of Michael Dixon in relation
to his qualification for disability retirement.
It was moved by Ybarra, seconded by Gonzales, that the report
of the City Attorney dated May 5, 1981, regarding Michael Dixon
be accepted and filed. Motion carried.
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RESOLUTION NO. 4801 - A Resolution of the City Council of
the City of Vernon Determining the Disability Retirement of Michael
Dixon, a Local Safety Member, Employed by the City of Vernon
(SS 21024 & 21025 of the Government Code), was presented.
It was moved by Gonzales, seconded by Ybarra, that Resolution
No. 4801 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
Gonzales, Ybarra, Malburg
None
McCormick
RESOLUTION NO. 4803 - A Resolution of the City Council of
the City of Vernon Creating the Position of Executive Director/and
Operations Manager of the Vernon Light & Power Department was
presented.
It was moved by Gonzales, seconded by Ybarra, that Resolution
No. 4803 be approved and adopted. Motion carried.
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City Council
page 6
May 5? 1981
AYES:
NOES:
Absent;
Gonzales? Ybarra? Malburg
None
McCormick
It was moved by Ybarra? seconded by Gonzales? that Bruce
V. Malkenhorst be appointed to the position of Executive Director
of the Vernon Light & Power Department, effective May 5, 1981.
Motion carried.
There being no futher business to come before the City
Council, it was moved by Ybarra, seconded by Gonzales, that the
meeting adjourn. Motion carried.
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. Leonis C. Malb~rg. - Mayor .
ATTEST:
g~ 11L1/
Bruce V. Malkenhorst
City Administrator/City Clerk
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