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19791120 Regular City Council Meeting - Minutes MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, HELD NOVEMBER 20, '979, AT TWO O'CLOCK, P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. MEMBERS PRESENT: KAESER, MCCORMICK, YBARRA, GONZALES, MALBURG I MEMBERS ABSENT: NONE I THE CITY CLERK ANNOUNCED THAT THIS WAS THE TIME AND PLACE FOR OPENING BIDS eeR f'AVEMNET STRIPING, 1980. IT WAS MOVED BY GONZALES, SECONDED BY YBARRA, THAT THE CITY CLERK BE INSTRUCTED TO OPEN AND READ THE BIDS SUBMITTED. MOTION CARRIED. SAFETY STRIPING SERVICE $23,915.43 IT WAS MOVED BY MCCORMICK, SECONDED BY YBARRA, TH~T THE BID RECEIVED FBR PAVEMI8T STRIPING, 1980, BE REFERRED TO PUBLIC WORKS DEPT., FOR RECAPITULATION AND REPORT. MOTION CARRIED. COMMUNICATION F'ROM ARTHUR E. NELSON, DIRECTOR OF PUBLIC WORKS/BUILDING, DATED NOVEMBER 6, 1979, REQUESTING AUTHORITY AND FUNDS FOR JIM PERSONS TO ATTEND THE ~RAF'FIC ENGINEERING OPERATING COURSE AT IRVINE, ON DECEMBER 12, 1979 TO DECEMBER 14, '979, WITH A REGISTRATION FEE OF' $125.00. I IT WAS MOVED BY GONZALES, SECONDED BY MCCORMICK, THAT THE DIRECTOR OF PUBLIC WORKS REQUEST BE APPROVED AND AUTHORITY' GRANTED TO ISSUE WARRANT IN THE AMOUNT OF $125.00, TO JIM PERSONS, MOTION CARRIED. COMMUNICATION F'ROM OFFICER J. CIRILO, SUBMITTING HIS RESIGNATION, EFFECTIVE CLOSE OF BUSINESS, NOVEMBER 5, 1979. IT WAS MOVED BY KAESER, SECONDED BY YBARRA, THAT JOSEPH CIRILO'S RESIGNATION BE ACCEPTED, EFFECTIVE NOVEMEBi 5, 1979. MOTION CARRIED. POLICE DEPARTMENT ACTIVITY LOG, NOVEMBER 1, 1979 TO NOVEMBER '5, '979, WAS PRESENTED. IT WAS MOVED BY YBARRA, SECONDED BY GONZALES, THAT THE POLICE DEPARTMENT ACTIVITY LOG, NOVEMBER 1-15, 1979, BE RECEIVED AND FILED. MOTION CARRIED. I HEALTH DEPARTMENT ACTIVITIES REPORT, MONTH OF OCTOBER, '979, WAS PRESENTED. I IT WAS MOVED BY MCCORM.CK, SECONDED BY YBARRA, THAT THE HEALTH DEPARTMENT ACTIVITY REPORT eOR THE MONTH OF OCTOBER, '979, BE RECEIVED AND FILED. MOTION CARRIED. "WARRANT REGISTER No. 537" COVERING CLAIMS AND DEMANDS PRESENTED DURING THE PERIOD OF NOVEMBER 1, '979, TO NOVEMBER 15, 1979, WHICH INCLUDED DEMANDS Nos. 91855 TO 91998 (BOTH INCLUSIVE) EXCLUDING VOIDED DEMANDS Nos. "9'4, 9'925, 91947, 91972 AND 91984, DRAWN ON THE UNITED CALIFORNIA BANK, TOTALING $16B,107.70 (LIGHT AND POWER WARRANTS $4,219,1'4.50) (ACCOUNTING PERIOD NOVEMBER, 1979.) 371. I I I I I -2- 11/20/79 IT WAS MOVED BY GONZALES, SECONDED BY YBARRA, THAT "WARRANT REGISTER No. 537" BE APPROVED AND PAYMENT AUTHORIZED fOR DEMANDS Nos. 91855 TO 91998 (BOTH INCLUSIVE) EXCLUDING VOIDED DEMANDS Nos. 91914, 91925, 91947, 91971 AND 91984, WITH NO OTHER EXCEPTIONS. MOTION CARRIED. COMMUNICATIONS FROM WHITMORE & KAY ON CALIFORNIA PUBLIC EMPLOWMENT LABOR RELATIONS ASSOCIATION, LABOR RELATION REVIEW. IT WAS MOVED BY MCCORMICK, SECONDED BY GONZALES, THAT THIS MATTER BE REfEeRED TO EXECUTIVE SESSION. AT THIS TIME, 2:30 O'CLOCK, P.M., IT WAS MOVED BY GONZALES, SECONDED BY MCCORMICK, THAT THE CITY COUNCIL GO INTO EXECUTIVE SESSION UNDER ATTORNEy/CLIENT PRIVILEGE. MOTION CARRIED. ALL PERSONS WITH THE EXCEPTION Of THE CITY ADMINIS- TRATOR/CITY CLERK, AND THE CITY ATTORNEY, WERE EXCLUDED FROM THE EXECUTIVE MEETING SESSI$8. MAYOR MALBURG ORDERED THAT ALL COMMUNICATIONS TO AND FROM THE EXECUTIVE SESSION WERE DEEMED PRIVATE. AT T HIS TIM E, 3: 45 0' C L 0 C K , P . M., I T WAS M 0 V ED B Y YBARRA, SECONDED BY GONZALES, THAT THE CITY COUNCIL GO OUT OF EXECUTIVE SESSION, RECEIVE AND FILE THE WHITMORE & KAY CALPELRA REPORT, AND RESUME REGULAR SESSION, MOTION CARRIED. COMMUNICATION fROM DAVID B. BEARLEY, SUBMITTING ApPEAL FROM SUPERIOR COURT OF Los ANGELES COUNTY, ON THE TRIO CONSOLIDATED CORPORATION, AND STEVEN K. KARSH. IT WAS MOVED BY YBARRA, SECONDED BY GONZALES, THAT THE TRIO BRIDF BE RECEIVED AND FILED. MOTION CARRIED. THE CITY ATTORNEY RECOMMENDED THAT THE WASHINGTON, D.C. FIRM OF GOLDBERG, FIELDMAN & LETHAM RETAINED TO ASSIST IN MATTER BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION. IT WAS MOVED BY MCCORMICK, SECONDED BY YBARRA, TO APPROVE THE RETENTION OF GOLDBERG, FIELDMAN & LETHAM. MOTION CARRIED. THE CITY ATTORNEY SUBMITTED PROPOSED FINDINGS OF FACT AND CONCLUSlfHilS OF' LAW, IN THE TERMINATION OF' JEAN HOfF'MAN. AF'TER DISCUSSION AND DUE CONSIDERATION, IT WAS MOVED BY MCCORMICK, SECONDED BY GONZALES, TO APPROVE THE FINDINGS OF FACT AND DETERMINATION Of ISSUES SUBMITTED BY THE CITY ATTORNEY. MOTION CARRIED. COMMUNICATION FROM DAVID B. BREARLEY, CITY AtTORNEY, RECOMMENDING THAT A ST.SULATION WITH REQUEST F'OR AWARD IN THE CASE OF R. SAPP VS. CITY Of VERNON, WORKERS COMPENSATION ApPEALS BOARD, CASE No. 79 VEN 26038, WHICH PROVIDED F'OR A PERMANENT DISABILITY RATING OF 35.5%, BE APPROVED. IT WAS MOVED BY MCCORMICK, SECONDED BY YBARRA, THAT THE CITY ADMINISTRATORS RECOMMENDATION IN REfERENCE TO THE STIP- ULATION WITH REQUEST fOR AWARD IN WORKERS COMPENSATION ApPEALS BOARD, CASE No. 79 VEN 26038, BE APPROVED, MOTION CARRIED. AT THIS TIME, 4:15 O'CLOCK, P.M., COUNCILMAN MCCORMICK WAS EXCUSED FROM F'URTHER ATTENDANCE AT THIS SESSION. 372 -3- I I I I I 11/20/79 AT THIS TIME, 4:15 O'CLOCK, P.M., IT WAS MOVED BY YBARRA, SECONDED BY GONZALES, THAT THE CITY COUNCIL GO INTO EXECUTIVE SESSION WNDER ATTORNEy/CLIENT PRIVILEGE. MOTION CARRIII. ALL PERSONS WITH1THE EXCEPTION OF THE CITY ADMINI- STRATOR/CITY CLERK, AND THE CITY ATTORNEY, WERE EXCLUDED FROM THE EXECUTIVE SESSION. MAYOR MALBURG ORDERED THAT ALL COMMUNICATIONS TO AND FROM THE EXECUTIVE SESSION WERE DEEMED PRIVATE. AT THIS TIME, 5:05, e!sLocK, P.M., IT WAS MOVED BY KAESER, SECONDED BY YBARRA, THAT THE CITY COUNCIL GO OUT OF EXECUTIVE SESSfQ~ AND RESUME REGULAR SESSION. MOTION CARRIED. DEFERRED REVOCATION @, THE VERNON POLICE OFFICERS BENEFIT ASSOCIATION, (DEFERRED TO THIS MEETING AT THE NOVEMBER 6, 1979 SESSIO~) THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, IT WAS NOMED BY YBARRA, SECONDED BY GONZALES, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. ATTEST: zf~</~ BRUCE V. MALKENHORST, CITY ADMINISTRATOR/CITY CLERK 373