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19810203 Regular City Council Meeting - Minutes MINU'IES OF A REGIJIAR MEETrnG OF THE CIIT COUNCIL OF THE CIIT OF VERNON HElD FEBRUARY 3, 1981, AT 'IWO 0' CLOCK, P.M., rn THE COUNCIL ClW1BER OF THE CIIT HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, McConnick, Ybarra, Malburg MEMBERS ABSENT: Kaeser 1 The meeting was called to order by Mayor t-1alburg. It was rroved by McConnick, seconded by Gonzales, that the minutes of the City Cotmcil meeting held January 20, 1981, be approved as corrected. Motion carried. The City Administrator/City Clerk armounced at this time qualified city employees eligible to receive service pins were present at the meeting for a- warding of the service pin. The Mayor presented service pins for 25, 20, 15 and 10( )years' service to the following employees: ,~ ' Engineer Carl Graffio Captain Jerry Stickel Engineer Harol Scdoris Engineer Burney Sipe Engineer Lloyd Hudson Engineer Joseph Stout Engineer Richard P. Dimnitt Engineer Ted Seager Firefighter Jerry I..ohrke Firefighter Andy Beltowski Firefighter James Durm Firefighter James Raabe Firefighter Craig Edman Firefighter Frank Hlifta Captain Larry Weaver 25 year pin 20 year pin 20 year pin 20 year pin 20 year pin 20 year pin 20 year pin 20 year pin 20 year pin 20 year pin lB year pin 15 year pin 15 year pin 15 year pin 10 year pin Minutes of the Personnel Cannittee meeting held Monday, February 2, 1981, were presented for approval of the recc:mrendations contained therein. It was IIDved by Gonzales, seconded by Ybarra, that the Persormel Corrmittee minutes of the meeting hIed February 2, 1981, be approved and the recc:mrendations contained herein be adopted. Motion carried. .1 Camn.m.ication fran Arthur E. Nelson, Director of Ccmnunity Services, dated January 26, 1981, submitting RMR Associates tentative tract No. 41737, report and requirements, recOIllIleIlding the requirerIEnts for design and improverrent be adopted, and detennination if the proposed subdivision is consistent with the General Plan of the City, was presented. Arthur E. Nelson presented the tentative tract map and elaborated on the requirarents for design and improverIEnt. City Attorney Brearley stated that the camn.m.ication from RMR dated December 29, 1980 advised that the plan use for the improvarent was for light manufacturing, but questioned the parking problem vbich might be engendered as a result thereof, and on-street loading and unloading activity. Victor Vaits responded that on this type of development, there would be no room for off-street parking, the street wide enough for truck maneuvering, and all parking would have to be provided on the parcel itself. The City Attorney asked whether the Ccmnunity Services Depart:rrent had made any traffic study to indicate how IWch traffic will be generated by the developrrent. Victor Vaits replied that as of this time, no specified study has been considered. Mr-. Nelson added that parking would be governed as required by the City's off-street parking ordinance. 511 5:12 -2- 2/3/81 I William Malat, RMR Associates, addressed the City Council, stating that the buildings to be erected would range in size fran six to fourteen thousand square feet, to be occupied by buyers or tenants for use as warehouses and for light manufacturing, that the trucking problem would be minimal for buildings of this size; parking would be on site and not proj ect into the street; that the intention of RMR is to improve the property all at one t:ine, to lease or sell the buildings and not to sell vacant lots: It was moved by Gonzales, seconded by Ybarra, that this item be referred to the Director of Canmmity Services for a traffic study, written recarmendations on parking, loading and unloading requirements, for submission to the City Council at its next regular 1 meeting. Motion carried. Canmmication from Arthur E. Nelson, Director of Canmmity Services, dated January 26, 1981, rec<mIEIlding that the Pavement Striping 1980 contract, awarded to R & M Highway, in accordance with Contract No. 434, be accepted as completed, was presented. Resolution No. 4773 - A Resolution of the City Council of the City of Vernon Accepting the Work for Pavement Striping 1980, in Accordance with Contract No. 434 of the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 4773 be approved and adopted. Jyf..otion carried. AYES: McCormick, Gonzales, Ybarra, Malburg NOES: None ABSENT: Kaeser Surrmms and Complaint, liberty Mutual Insurance Company, a corporation vs. City of Vernon, Does 1 through 10, inclusive, received January 27, 1981, with Acknowledgement of Receipt of sane, M.micipal Court - Southeast Judicial District, Case No. 55625, for recovery of Workers Canpensation Benefits, was presented. It was moved by McCormick, seconded by Ybarra, that the action in the above-entitled court and cause, be referred to the City Attorney for review and recarmendation. Motion carried. Canmmication from Arthur E. Nelson, Director of Comrnm.ity Services, dated January 26, 1981, submitting Parcel }1ap No. 13552, Willig Freight lines, reconrnending adoption of supporting evidence as being consistent with the General Plan of the City, was presented. It was moved by Gonzales, seconded by Ybarra, that Print Parcel Map No. 13552, the report of Arthur E. Nelson thereon, be approved and that the proposed subdivision or land use is compatible with the General Plan .of the City of Vern.on. Motion carried. Canmmication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 28, 1981, advising that bids were received at the City Clerk's Office for Contract No. 439, Installation of Ilhmrinated (Internally) Street Name Signs, and were opened January 20, 1981, at 2:00 o'clock, p.m., in the COLmcil Chamber of the City Hall, with results as follows: I C.T. & F. Corporation, Inc. Steiny & Company, Inc. Electrend Inc. Signal Maintenance Inc. $40,650.00 46,844.00 60,900.00 46,104.03 Canmmication from Arthur E. Nelson, Director of Canmmity Services, dated January 20, 1981, reconrnending Contract No. 439 be awarded to C. T. & F. Inc., based on their bid of $40,650.00, was presented. Resolution No. 4770 - A Resolution of the City Council of the City of Vernon Accepting the Bid of C. T. & F. Inc., for Installation of the Internally Illuminated Street Nane Signs in Accordance with Contract No. 439 of the City of Vernoh and Approving the Execution of Said Cotnract, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 4770 be_approved and adopted. Motion carried. AYES: McCormick, Ybarra, Gonzales, Malburg NOES: None ABSENT: Kaeser I I -3- 2/3/81 Conmmication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 20, 1981, reccnmanding Ja:rres E. Muldown' s resignation for purpose of retirenent , effective February 11, 1981, be accepted, was presented. Resolution No. 4769 - A Resolution of the City Council of the City of Vernon Ccmnending Captain Ja:rres E. }'1uldown for his Many Years of Service to the Ci ty of Vernon was read in its entirety. moved by Ybarra, seconded by McCormick, that Resolution No. 4769 adopted. Motion carried. Ybarra, McCormick, Gonzales, Malburg None Kaeser C ication frcm David B. Brearley, City Attorney, dated January 26, 1981, advising that the City Council,'on Septanber 16, 1980, approved Resolution No. 4691, whic determined the disability retirenent of Gary Alvarez, a local safety member loyed by the City of Vernon; that the date indicated on page 2, line 13 of Res lution No. 4691 as the last day on the City's payroll is incorrect and should rea "Jnne 20, 1979" rather than "July 31, 1979", reconrnending that the City Counc 1 approve the correction as specified, was presented. It wa moved by Ybarra, seconded by McCormick that the reccmnendation of the City Atto ey be approved and that the minutes be corrected as specified. Motion carried . cation fran William Gibeau of Racketts II, dated January 27, 1981, stating his in ent to conduct various weekend activities at this place of business located at 202 East 38th Street, Vernon, was presented. It w to the Police carried. moved by McCormick, seconded by Ybarra, that this item be referred partment for investigation, review and recormendation. Motion tRegister No. 565" covering claims and demands presented during the period Jan 16th thru 31st, which includes Demands Nos. 2387 to 2488 (both inclusive) dr on the United California Bank, totaling $305,528.32 (Light and Power Warrants $195,706.02) (Acconnting period February 1981), was examined and audited. It moved by McCormick, seconded by Ybarra, that Warrant Register No. 565, be approv d and payment authorized for Demands Nos. 2387 to 2488 (both in- clusive), with no exceptions. Motion carried. "Payr 11 Warrant Register No. 285" covering claims and demands presented during the per od Decanber 14, 1980 to January 10, 1981, which includes Demands Nos. 3204 thru 3219 (both inclusive), drawn on the crocker National Bank, totaling $506,452.84 (A connting period January 1981) was examined and audited. It wa moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 2 5 be approved and payment authoritzed for Demands Nos. 3204 thru 3219 (both inc usive), with no other exceptions. Motion carried. Polic Department Activity l.Dg, January 16 - 31, 1981, was presented. It wa moved by Ybarra, seconded by McCormick, that the log be received and filed. Mo ion carried. 'cation from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 2, 1981, for authority and funds for Lew Admas, Director of Water and Power, Da dB. Brearley, City Attorney and Bruce V. Malkenhorst, City Clerk. to attend Publ cPower Authority Meeting in Phoenix, Arizona, February 18 to February 19, 1 81, with an expense allowance of $287.00 each, was presented. It wa moved by Gonzales, seconded by McCormick, that the request of the City Administr tor/City Clerk be approved and authority granted to issue warrants in the anouht f $287.00 to each of the individuals as specified in the request. Motion carried 5:13 I I -4- 2/3/81 C ication fran Arthur E. Nelson, Director 0 f Ccmm.mity Service~, dated February 2, 1981, advising that the work on Irving Street Stonn Drain, mder Contract No. 473, has been completed, recOIJII'en.ding the work be accepted and that autho . ty be granted to pay the contractor in accordance with the agreement, was presented. ' Victo~ Vaits advised the City Colmcil that Ayala Boring, Inc., has filed a stop notice. ' due to the fact that the contractor, B-1 Enterprise, is indebted to Ayala in th ,arnJ'lD:lt of approximately $7,000.00, for subcontracting services, and su~estel:l hat a possible solution to this problem would be the issuance of a j oint check, so that both parties can be paid. It wa lIDved by Ybarra, seconded by McCormick, that this item be defer- red to the n regularly scheduled neeting of the City Council. Motion carried. Resol tion No. 4771 - A Resolution of the City Comcil of the City of Vernon Chang' the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distrib ted and Supplied to its Electrical Consumers, was presented. lIDwd by McCormick, seconded by Ybarra, that Resolution No. 4771 adopted. Motion carried. McCormick, Ybarra, Gonzales, Malburg None Kaeser 'cation fran Bruce V. Malkenhorst, City Administrator/City Clerk dated February 3, 1981, submitting letter dated January 26, 1981 fran Industry Corrections In erface wherein the statement is made that they are a non-profit organization; or determination mether the operation is subject to a business license fee, s presented. It wa moved by Gonzales, seconded by Ybarra, that this item be deferred to the next re arly scheduled neeting of the City Colmcil. Motion carried. After invitation fran the Mayor for conmentsfran the staff, it was moved by McCo . ck, seconded by Ybarra, that the City Colmcil go into executive session, mder Attom.ey/Client privilege, at 3:45 o'clock, p.m. Motion carried. yor declared a recess for a half hour. At t . s time, 4: 15 0' clock, the City Co'lD:lcil reconvened, in executive session, all p rsons, with the exception of the City Administrator/City Clerk, the City Attom.ey, and lDu Hauger, were excluded fran the executive session. Mayor Malburg ordered that all ccnm.mications to and from the executive session were d emed private. At t 's time, 5:24 o'clock, p.m., it was moved by Ybarra, seconded by McCormick, tha the City Comcil go out of executive session and resume regular session. Moti carried. , It wa moved by McCormick, seconded by Ybarra, that the flyer distributed by the Los Ang les Colmty Bar Association, announcing that Superior Court JudgeJolm A.Loomis, was honored by the Association:as 1981 outstanding trial jurist and received the award Jan 29, 1981 at the Hyatt Regency Hotel, be received and filed. Motion carried. Notic of Entry of Judgement, Southeast Judicial District Small Claims Division, Andr E. Gracia vs. City of Vem.on in favor of plaintiff, issued January 26, 19 1 in the amomt of $502.13 and $19.00 costs, was presented. It wa rroved by McCormick, seconded by Ybarra, that the Notice be re- ceived and fil d, and that the City Attom.ey be authorized to file an appeal in the Superior t and represent the City in said action. Motion carried. The C' ty Attom.ey presented a proposed Corrpranise and Release in regard to the Worker' Compensation Appeals Board Case of Patricia EllenLmdy vs. City of Vem.on, Case No. WCAB 80 mA 100697 and recoomend to the City Colmcil that said Corrprarnis and Release be approved for a total lump sum of $1186.00 51i -5- 2/3/81 rroved by Gonzales, seconded by McConnick, that the proposed Canpramise and lease in the case of Patrfcia E. LLmdy vs. City of Vernon, Case No. WCAB ANA 10 697, for a total lump sum of $1186.00, be approved and the City Attorney be aut orized to execute said Conpromise and Release on behalf of the City of Vernon. Motion carried. The ity Attorney presented proposed Stipulations with Request for Award and Award in regard to the Workers' Conpensation Appeals Board Case of Frank Sweeney vs. City of Vernon, Case No. WCAB 80 VN 94142/43 and recoomend to the City Cmmcil t said Stipulations be approved with a pennanent disability rating of $58%. It s moved by Ybarra, seconded by :McCormick, that the proposed Stipulations with Request fo Award and Award in the case of Frank Sweeney vs. City of Vernon, Case No. WCAB 80 VN 94142/43, with a pennanent disability rating of 58% be approved and the City Att rney be authorized to execute said Stipulations with Request for Award and Award behalf of the City of Vernon. ' Motion carried I Ther being no further business to cane before the City Cotmcil, it was rroved by Ybarra, seconded by McCormick, that the meeting adjoum. Motion carried. ATIEST : BRUCE V. I _.? '~.L .' ~,.... "';-0~?-d . /, 77~..... .~ c.-u"~/ . _.,.,-~ ' , ,'''' ' ONIS C. MALBURG, . or RST, City Administrator/ City Clerk 515