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19781003 Regular City Council Meeting - Minutes :196 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD QCTOBER 3, 1978, AT TWO O'CLOCK, P. M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE A VENUE, VERNON CALIFORNIA -------------~----------------- COUNCIL PRESENT: McCormick, Ybarra, Gonzales, Malburg I COUNCIL ABSENT : Kaeser The meeting was called to order by Mayor Leonis C. Malburg. I Communication from Arthur E. Nelson, Jr., Director of Public.Works/ Building, advising that the bids received and opened at the City Council meeting of September 19, 1978 for Downey Road and Bandini Boulevard Resurfacing, according to Contract No. 423 have been reviewed, recommending that the con- tract be awarded to Vernon Paving Company, Cerritos, California, on the basis of their bid, $37,763.00, was presented. Resolution No. 4600 - A Resolution of the City Council of the City of Vernon Acceptiiigthe-BRl-of Vernon Paving Company for Resurfacing of Downey Road and Bandini Boulevard, in Accordance with Contract No. 423 of the City of Vernon and Approving the Execution of said Contract, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 4600 be approved and adopted. Motion carried. I AYES: Gonzales, McCormick, Ybarra, Malburg NOES: None Absent: Kaeser Communication from Keith Johnson, Area "E" Coordinator, with the signatures of the Fire Chiefs of Compton, Downey, Lynwood, Montebello and Santa Fe Springs thereon, that said jurisdictions are happy to withdraw their suspension notice that was to take effect September 22, 1978, at 0730 hours, since they have been informed that Vernon now has an on-duty force of approx- imately thirty men able to reciprocate Mutual Aid to other cities, was presented. It was moved by Gonzales, seconded by Ybarra, that the communication from Area "E" Coordinator Keith Johnson, be received and filed. Motion carried. I I Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, transmitting proposed agreement between City of Vernon and County of Los Angeles for resurfacing roadway pavement of Downey Road from Fruitland Avenue to Slauson Avenue, a portion of which is within the City of Vernon, recom- mending that the Mayor and the City Clerk be authorized to execute the agreement on behalf of the City, after approval as to form by the City Attorney; that the necessary environmental findings be made and that i urisdiction be granted to the County of Los Angeles to accomplish the project, was presented. Resolution No. 4601 - A Resolution of the City Council of the City of Vernon ConsenTIng to-Estabiishment of a Portion of Downey Road Within said City as Part of the System of Highways of The County of Los Angeles and Approving the Proposed Agreement Between the City of Vernon and the County of Los Angeles for Resurfacing the Roadway Pavement of Downey Road from Fruitland A venue to Slauson Avenue and Authorizing the Execution Thereof and Finding that the Project is Categorically Exempt, was presented. 19? -2- 10/3/78 It was moved by Ybarra, seconded by McCormick, that Resolution No. 4601 be approved and adopted. Motion carried. AYES: Ybarra, McCormick, Gonzales, Malburg NOES: None Absent: Kaeser I Continuation of the Public Hearing to consider forfeiture of Union Pacific franchises for certain crossings that require repair or maintenance, as listed in communication from Arthur E. Nelson, Jr., Director of Public Works/Building, dated March 13, 1978. (Deferred from meeting of September 19, 1978) I It was moved by McCormick, seconded by Gonzales, that the continuation of the Public Hearing referred to above, be deferred to the next regularly scheduled meeting of the City Council. Motion carried. Communication from Conrad Lopes, attorney for Fred H. Colvin, re- garding dispute over the sum of $1,068.20, which was deducted because of the alleged absence from work by Chief Colvin July 6, 7, 10, 11. 12, 13 and 14, 1978, requesting the opportunity to present and review evidence which the City utilized to support contention for said deduction. (Deferred from meeting of September 19, 1978) It was moved by Ybarra, seconded by McCormick, that the item referred to above be deferred to the next regularly scheduled meeting of the City Council. Motion carried. I Activity Log of the Police Department, for the period September 15 - 30, 1978, was presented. It was moved by Gonzales, seconded by McCormick, that the Activity Log of the Police Department, for the period mentioned, be received and filed. Motion carried. ''Warrant Register No. 510" covering claims and demands presented during the period September 16 to 30, which includes Demands Nos. 8 -2036 to 2216 (both inclusive) drawn on the United California Bank, totaling $3,270,850.71 (Light and Power Warrants $3,096,762.69) (Accounting Period October, 1978) was examined and audited. It was moved by Ybarra, seconded by McCormick, that "Warrant Register No. 510" be approved and payment authorized for Demands Nos. 8-2036 to 2216 (both inclusive), with no exceptions. Motion carried. I I Communication from Arthur E. Nelson, Jr., Director of Public Works/ Building, advising that St. Regis Paper Company requested permission to cover a portion of their dock with a roof; their existing buildings, with various fire-wall separations, cover approximately 240,000 square feet, which is in excess of area allowed under the UBC; the dock area to be covered is 4,800 square feet, recommending that an allowance for a variance from the UBC, 1976 Edition be granted, under certain conditions, was presented. It was moved by McCormick, seconded by Ybarra, that the recommend- ation of the Director of Public Works/Building, regarding the variance for St. Regis Paper Company, be approved. Motion carried. -3- 10/3/78 I At this time, 2 :25 o'clock, p. m., it was moved by Ybarra, seconded by Gonzales, that the City Council go into executive session in accordance with Attorney/Client privilege. Motion carried. All persons, with the exception of the City Clerk, the City Attorney and Paul 1.>. Hendricks, Consulting Electrical Engineer, were excluded from the executive session. Mayor Malburg ordered that all communications to and from the ex- ecutive session were deemed private. At this time, 3:30 o'clock, p. m., Paul P. Hendricks retired from the session. I The City Council continued in executive session. Councilman Kaeser took his seat at this session of the City Council at 4:00 o'clock, p. m. It was moved by Ybarra, seconded by Kaeser, that the City Council go out of executive session under Attorney/Client privilege. Motion carried. At this time, 4:15 o'clock, p. m., it was moved by Ybarra, seconded by McCormick that the City Council go into executive session in accordance with provisions of Section 54957 of the Government Code. Motion carried. All persons, with the exception of the City Clerk and the City Attorney were excluded from the executive session. I Mayor Malburg ordered that all communications to and from the ex- ecutive session were deemed private. At this time, 5:20 o'clock, p. m., it was moved by Gonzales, seconded by Ybarra, that the City Council go out of executive session under Section 54957 of the Government Code. Motion carried. At this time, 5:20 o'clock, p. m., it was moved by Ybarra, seconded by Kaeser, that the City Council go into executive session in accordance with Attorney/Client privilege. Motion carried. All persons with the exception of the City Clerk, the City Attorney, Chief of Police S. E. Hogan, and Captain Leonard F. Ely, were excluded from the executive session. Mayor Malburg ordered that all communications to and from the executive session were deemed private. I At this time, 6:20 o'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. I Communication from Richard J. Silber, attorney for Vernon Fire Fighters Union, Local 2312, datliJd October 3, 1978, proposing an immediate return to work by the members of Local 2312, without prejudice to its positions and assertions in Case No. C 253 368, (includes those members that are physically able to perform their work assignments); said offer includes sus- pended members on or about August 12, 1978; members who have been laid off effective August 31, 1978, and employees discharged from employment effective September 20, 1978. 198 -\4;- 10/3/78 It was moved by Kaeser, seconded by Gonzales, that the communic- ation above referred to be received and filed. Communication from Bruce V. Malkenhorst, City Clerk, transmitting minutes of the Finance Committee meeting held September 27, 1978, requesting approval of the recommendations as contained therein. I I It was moved by Ybarra, seconded by Gonzales, that the recommend- ations embodied in the minutes of the Finance Committee meeting of Settember 27, 1978, be approved. Motion carried. Communication from Michael Bower, submitting claim for damages incurred through vandalism to his office as a result of his association with the City during its labor dispute with the Vernon Fire Fighters Association, in the amount of $1,200.00 was presented. It was moved by Gonzales, seconded by McCormick, that the claim of Michael Bower for damages to art work and supplies, be approved, and that authority be granted to issue warrant in the amount of $1,200.00 to Michael Bower. Motion carried. Communication and claims of Bret Russell for damages to his personal automobile, while employed as a security guard for the City, in the amount of $821. 35, was presented. It was moved by Gonzales, seconded by McCormick, that the claims of Bret Russell be approved, and that authority be granted to issue warrant in the amount of $821. 35 to Bret Russell. Motion carried. 1Q9 I It was moved by Ybarra, seconded by Kaeser, that Bruce V. Malken- horst be appointed as City Administrator under the provisions of Ordinance No. 883, adopted by the City Council on August 1, 1978. Motion carried. There being no further business to come before the meeting, it was moved by McCormick, seconded by Gonzales, that the meeting be adjourned to October 17, 1978, at 2 :00 o'clock, p. m., in the Council Chamber of the City Hall, located at 4305 Santa Fe Avenue, Vernon, California. Motion carried. ATTEST: I ._6~~~~__ BRUCE V. MALKENHORST City Administrator/City Clerk I