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19810505 Regular City Council Meeting - Minutes I I 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 I I 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 545 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. I 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. I 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. 546 I I City Council page 4 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. 547 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. I 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. I 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. \ 548 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. I ~ . Leonis C. Malb~rg. - Mayor . ATTEST: g~ 11L1/ Bruce V. Malkenhorst City Administrator/City Clerk I 549