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19811006 Regular City Council Meeting - Minutes MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL HELD OCTOBER 6, 1981 AT 2:00 O'CLOCK, P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIF. MEMBERS PRESENT: MEMBERS ABSENT: Malburg, Ybarra, McCormick, Gonzales, Davis None I The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the minutes of the regular City Council Meeting held September 15, 1981, be approved as written and submitted. Motion carried. 59:8 The City Clerk announced that this was the time and place for opening of bids for Fuel Management System in Accordance with Contract No. 445. It was moved by Gonzales, seconded by McCormick, that the City Clerk be instructed to open and read the bids submitted. Motion carried. The Clerk opened and read the following bids: Petroleum Contractors, Inc. B. R. Higbie~ Inc. $32,298.00 $36,500.00 It was moved by McCormick, seconded by Ybarra, that the bids received for Fuel Management System in Accordance with Contract No. 445, be referred to the Community Services Department for checking and report. ~10t ion ca rri ed. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk dated September 28, 1981, recommending that an easement which was granted for relocation of public facilities be returned to Mr. Sidney R. Title, owner of the property at 2455-57 E. 27th Street, since all work has been completed, was presented. It was moved by Davis, seconded by Ybarra, that the City Attorney be instructed to prepare a quit- claim deed and the r~ayor be authorized to execute the quick claim deed in behalf of the City and that said deed be transmitted to Mr. Title. Motion carried. I Parcel Map No. 14055 for subdivision of land owned by Swift and Co. into two parcels, was presented. It was moved by Ybarra, seconded by McCormick, that Gary Plotkin be notified to be present at the council meeting to be held November 3, 1981, and that this item be deferred until that time. Motion carried. The Finance Committee transmitted a copy of the City Attorney's report which reviewed the medical reports ana requirements for industrial disability, and recommended that Robert N. Simensen be retired with an industrial disability. Motion carried. RESOLUTION NO. 4841 - A Resolution of the City Council of the City Council of the City of Vernon Determining The Disability Retirement Of Robert N. Simensen, A Local Safety Member Employed By The City of Vernon, (SS21024 and 21025 of the Government Code) was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 4841 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, Davis, McCormick, Malburg, Ybarra None None =2= 10/6/81 At this time, Mayor Malburg invited Robert N. Simensen to address the council. Robert N. Simensen addressed the City Council regarding hNs appreciation to the Council and the City of Vernon during his years of service. I Communication from Supervisor Kenneth Hahn, Second District, dated September 16, 1981, transmitting a copy of a Resolution of the Board of Supervisors of the County of Los Angeles which endorses the Peripheral Canal proposal, dated September 8, 1981, was presented. It was moved by Gonzales, seconded by Davis that the communication from Supervisor Kenneth Hahn, be received and filed. Motion carried. RESOLUTION NO. 4844 - A Resolution of the City Council of the City of Vernon Endorsing The Peripheral Canal Proposal On The 1982 June Ballot, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 4844 be approved and adopted, and that copies of Resolution No. 4844 be sent to Metropolitan Water District, Central Basin Water District and Central Basin Replinishment District. Motion carried. AYES: Ybarra, McCormick, Malburg, Gonzales, Davis NOES: None Absent: None Communication from David Arredondo, attorney representing Mr. Carlos Gasga, dated September 16, 1981, transmitting an original and three copies of Claim for Damages which is a result of an accident occurring on June 16, 1981 on Washington Boulevard, approximately one third mile west of Indiana Street in Vernon, was presented. It was moved by McCormick, seconded by Ybarra that the Claim for Damages by Carlos Gasga be denied and that the claim be referred to Joint Powers Insurance for further action. Motion carried. Communication from Arthur Nelson, Director Community Services, dated September 23, 1981, submitting Contract No. 444, Traffic Signal Installation, Soto Street and Fruitland Avenue, Pacific Boulevard and Fruitland Avenue, for approval and recommending that authority be granted to advertise for bids, was presented. I RESOLUTION NO. 4843 - A Resolution of the City Council of the City of Vernon Approving Contract No. 444 And Authorizing Notice Inviting Sealed Proposals Or Bids For Traffic Signal Installation, So to Street And Fruitland Avenue And Pacific Boulevard and Fruitland Avenue, In Accordance With Contract No. 444 Of The City Of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 4843 be approved and adopted. Motion carried. AYES: NOES: Absent: Ybarra, Gonzales, Malburg, McCormick, Davis None None Communication 'from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 28, 1981, recommending that the permit issued to Transamerica Delaval for one trailer (expired August 16, 1981) be extended to December 31, 1981, (with payment of the usual permit fees) was presented. It was moved by Davis, seconded by McCormick, that the recommendation of the City Administrator be approved and that the permit issued to Transamerica Delaval be extended to December 31, 1981, with payment of the usual permit fees. Motion carried. 599 =3= 10/6/81 Communication from Bruce V. Malkenhorst, Personnel Director, dated October 6, 1981, transmitting the minutes of the Personnel Committee Meeting held October 5, 1981, and recommending approval of recommendations contained therein, was presented. I It was moved by McCormick, seconded by Davis, that the minutes of the Personnel Committee Meeting of October 5, 1981, be approved as written and recommendations contained therein adopted. Motion carried. Payroll Warrant Register # 293 covering claims and demands presented during the period July 26 through August 8, 1981 which includes Demand Nos. 3323 through 3330 (both inclusive), drawn on the Crocker National Bank, totaling $288,462.83, accounting period August, 1981, was examined and audited. It was moved by Gonzales, seconded by r~cCormick, that Payroll Warrant Register No. 293,"be approved and payment authorized for Demands Nos. 3323 through 3330 (both inclusive), with no exceptions. Motion carried. The City Attorney presented proposed Stipulations with Request for Award and Award in regard to the Workers. Compensation Appeals Board case of David H. Mains v. City of Vernon, Case No. 81 ANA 112880 and recommended to the City Council that said Stipulations be approved with a permanent disability rating of 3%. It was moved by Ybarra, seconded by Gonzales, that the proposed Stipulations with Request for Award and Award in the case of David H. Mains v. City of Vernon, Case No. 81 ANA 112880, with a permanent disability rating of 3% be approved and the City Attorney be authorized on behalf of the City of Vernon, to execute said Stipulations with Request for Award and Award. Motion carried. Communication from George F. Bass, Fire Chief, requesting authority and funds for Fire Prevention Inspector Francis W. Sumner to attend the combined Northern and Southern Division, Fire Prevention Officer.s, California Fire Chiefs. Association in San Luis Obispo, Octobe~ 15-16, 1981, with an expense all owance of $134.00, was presented. It was moved by McCormick, seconded by Davis, that the request of the Fire Chief be approved and authority granted to issue warrant in the amount of $134.00 to Francis W. Sumner to attend the Fire Prevention Officer's and Fire Chiefs. Association Meeting in San Luis Obispo, October 15-16, 1981. Motion carried. I Communication from Lewis R. Adams, Director of Water, requesting authority and funds to attend the California-Nevada Section 1981 American Water Works Conference in Palm Springs from October 28-30, 1981 with an expense allowance of $369.00, was presented. It was moved by Ybarra, seconded by Gonzales, that the request of the Director of Water be approved and authority granted to issue warrant in the amount of $369.00 to Lewis R. Adams, to attend the California-Nevada Section 1981 American Water Works Conference in Palm Springs. r~otion carried. Communication from David B. Brearley, City Attorney, dated September 28, 1981, transmitting a copy of letter from Mr. Donald S. White of Maupin, Cutler, Teplinsky & White dated September 21, 1981, and a draft in the sum of $25,000.00 (Rei Romero v. Latchford Glass, City of Vernon, Lien Claimant). Mr. White, attorney for Mr. Romero has proposed a settlement in the amount of $8,333.00 with the provision that the City waive its right to take future credit against Mr. Romero.s share of the settlement if he should require medical treatment in the future with respect to the accident. It is recommended by Mr. Brearley that this proposed settlement be approved and authorization to endorse the draft and return same to Mr. White be granted. It was moved by Davis, seconded by McCormick, that the recommendation by Mr. Brearley be approved and authorization to endorse the draft and return same to Mr. White be granted. Motion carried. 800 =4= 10/6/81 RESOLUTION NO~ 4845 - A Resolution of the City Council of the City of Vernon Approving The Execution Of An Amendment To The Third Contract By And Between Bethlehem Steel Corporation And The City Of Vernon Which Provides For Electrical Services, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 4845 be approved and adopted. Motion carried. AYES: NOES: Absent: McCormick, Ybarra, Malburg, Gonzales, Davis None None I RESOLUTION NO. 4846 - A Resolution of the City Council of the City of Vernon Approving The Execution Of An Amendment To The Second Contract For Electrical Service By And Between Byron Jackson Pump Division, Borg-Warner Corporation, And The City Of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 4846 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, Davis, Malburg, Ybarra, Gonzales None None Police Department Activity Log for the period September 16-30, 1981, was presented. It was moved by McCormick, seconded by Ybarra, that the Police Department Activity Log for the period September 16-30, 1981, be received and filed. Motion carried. Communication from Arthur E. Nelson, Director Community Services, dated September 30, 1981, requesting authority and funds for F. A. Tachovsky to attend the Technical Conference on Electrical Construction in San Francisco, November 12-13, 1981, with an expense allowance of $356.00, was presented. It was moved by Ybarra, seconded by Davis, that the request of the Director of Community Services be approved and authority granted to issue warrant in the amount of $356.00 to F. A. Tachovsky, to attend the Technical Conference in San Francisco. Motion carried. I Communication from Fire Chief Bass, dated September 14, 1981 recommending authori ty and funds for AIBC Leonard E. Bar1 ag and AIBC Ri chard A. Wi 1 es to attend the California Fire Academy Classes in Fire Command II at Pacific Grove, November 1-6, 1981, wi th an expense a 1.1 owance of $296.00, was presented. It was moved by McCormick, seconded by Davis, that the recommendation of the Fire Chief be approved and authority granted to issue warrants in the amount of $296.00 to Leonard E. Bar1ag and Richard A. Wiles to attend the California Fire Academy Classes at Pacific Grove. Motion carried. Communication from Fire Chief Bass, dated September 14, 1981 recommending authority and funds for Lloyd D. Schultz, Larry E. Spadt and Frank A. Claunch to attend the California Fire Academy Classes in Fire Command II at Pacific Grove, November 8-13, 1981, with an expense allowance of $296.00, was presented. It was moved by Ybarra, seconded by McCormick, that the recommendation of the Fire Chief be approved and authority granted to issue wan'ants in the amount of $296.00 to Lloyd D. Schultz, Larry E. Spadt and Frank A. Claunch, to attend the California Fire Academy Classes at Pacific Grove. Motion carried. 801 =5= 10/6/81 Warrant Register No. 581 covering claims and demands presented during the period September 16through September 30, which includes Light and Power Demand Nos. 4382, 4383, 4397, 4400, 4402, 4419, 4421, 4422, 4431, 4438, 4456, 4457, 4464, 4473, 4474, 4480, 4489, and 4522, totaling $132,362.68, (Accounting period October 1981) was examined and audited. It was moved by Gonzales, seconded by McCormick, that Warrant Regi ster No.. 581 be approved and payment authori zed for Li ght and Power Demand Nos. 4382, 4383, 4397, 4400, 4402, 4419, 4421, 4422, 4431, 4438, 4456, 4457, 4464, 4473, 4474, 4480, 4489, and 4522, with no exceptions. Motion carried. Councilman Davis abstained. I Warrant Register No. 581 covering claims and demands presented during the period September 16 through September 30, 1981, which includes Demand Nos. 4375 through 4524 (both inclusive), excluding Demand Nos. 4382, 4383, 4397, 4400, 4402, 4419, 4421, 4422, 4431, 4438, 4456, 4457, 4464, 4473, 4474, 4480, 4489, 4522, and void Demand Nos. 4455 and 4380, drawn on the First Interstate Bank, totaling $218,963.38, (Accounting Period October, 1981) was examined and audited. .1 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 581 be approved and payment authorized for Demand Nos. 4375 through 4524 {both inclusive), excluding Demand Nos. 4382, 4383,4397, 4400~ 4419, 4421, 4422, 4402, 4431, 4438, 4456, 4457, 4464, 4473, 4474, 4480, 4489, 4522, and void Demand Nos. 4455, and 4380, totaling $218,963.38, with no other exceptions. Motion carried. Payroll Warrant Register No. 294 covering claims and demands presented during the period 8/9/81 to 8/22/81 which includes Demand Nos. 3331 through 3338 (both inclusive) drawn on the Crocker National Bank, totaling $257,962.27, (Accounting period, September, 1981) was examined and audited. It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 294 be approved and payment authorized for Demand Nos. 3331 through 3338 (both inclusive) totaling $257,962.27, with no exceptions. Motion carried. Payroll Warrant Register No. 295 covering claims and demands presented during the period 8/23/81 to 9/5181 which includes Demand Nos. 3339 through 3346 (both inClusive) drawn on the Crocker National Bank, totaling $256,917.39, (Accounting period, September, 1981) was examined and audited. It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 295 be approved and payment authorized for Demand Nos. 3331 through 3338 (both inclusive) totaling $256,917.39, with no exceptions. Motion carried. RESOLUTION NO. 4842 - A Resolution of the City Council of the City of Vernon Amending Schedule II, Exhibit A Of Resolution No. 4817, Fixing The Compensation For Certain Employees Of The City, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 4842 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, Davis, Malburg, Gonzales, Ybarra None None Communication from Bruce V. Malkenhorst, City Administrator, dated October 6, 1981, recommending authority and funds for Hilario Gonzales, David Brearley, William J. Davis, Lewis R. Adams, Bruce V. Malkenhorst, George Bass, Arthur Nelson, Luis Espinoza, in the amount of $672.50 and William M. McCormick and Thomas A. Ybarra, in the amount of $402.50, to attend the League of California Cities 83rd Annual Conference, October 17-20, 1981, in San Francisco, was presented. It was moved by Gonzales, seconded by Davis, that the recommendation of the City Administrator be approved and authority granted to issue warrants in the amount of $672.50 to Hilario Gonzales, David Brearley, William J. Davis, Lewis R. Adams, Bruce V. Malkenhorst, George Bass, Arthur Nelson, Luis Espinoza and warrants in the amount of $402.50 to William M. McCormick and Thomas A. Ybarra to attend the League of California Cities 83rd Annual Conference, in San Francisco. Motion carried. 602 =6= 10/6/81 A discussion was held regarding the request from Irving Scott proprietor of the property located at 4920 Soto Street, formerly Chromodern Chair Company for a variance from II Off Street Parking and Loading Ordinance, Vernon City Code, Chapter 7, Article IV. It was moved by McCormick, seconded by Gonzales, that the request for a variance from Irving Scott be denied. Motion carried. AYES: NOES: Absent: McCormick, Gonzales, Malburg, Ybarra, Davis None None I City Attorney, David B. Brearley presented a communication from the League of California Cities recommending amicus assistance from all city attorneys' in the Case Whelan vs. Wiles. A brief is being prepared in which all cities may join. It was moved by Gonzales, seconded by McCormick, that approval be granted, for the City Attorney to sign the brief on behalf of the City of Vernon. Motion carried. At this time, 2:50 o'clock, p.m., the Mayor declared a recess. At this time, 3:00 o'clock, p.m., the council reconvened in regular session, all members present before the recess, again being present. The Mayor called the hearing on Raymond Michalski's application for disability retirement to order. A court reporter was present and recorded the testimony of Ralph DeMott. At this time, 3:40 o'clock, p.m., the Mayor declared a recess. At this time, 4:00 o'clock, p.m., the council reconvened in the hearing, all members present before the hearing, again being present. Dr. David Landers gave his testimony. Mr. Michael T. Roberts, council for Raymond Michalski requested a continuance of the hearing. Mayor Malburg declared a continuance of the hearing to November 3, 1981, at 3:00 o'clock, p.m. Communication from Police Chief L. Espinoza, dated October 6, 1981 recommending authority and funds for L. S. Rosenkrantz to attend the California Association of Polygraph Examiner's Advance Training Seminar in San Diego, October 24"to October 25, 1981, in the amount of $208.00, was presented. It \'Jas moved by Gonzales, seconded by Ybarra, that the recommendation of the Police Chief be approved and authority granted to issue warrant in the amount of $208.00, to L S. Rosenkrantz to attend the California Association of Polygraph Examiner's Advance Training Seminar. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Attorney prepare a resolution commending Robert N. Simensen, for his many years of service. Motion carried. It was moved by Ybarra, seconded by McCormick, that the City Council go in to executive session under Attorney/Client privilege, at 5:08 o'clock, p.m. Motion carried. All persons with the exception of the City Administrator and the City Attorney were excluded from the executive session. Mayor Malburg, declared all communications to and from the executive session deemed private and confidential. , Councilman Davis was excused at this time. 603 =7= 10/6/81 At 5:20 o'clock, p.m., it was mo ed by McCormick, seconded by Ybarra, that the City Council go out of executive session. Motion carried. There being no further business 0 come before the City Council, it was moved by McCormick, seconded by barra, that the meeting adjourn. Motion carried. I ATTEST: Bruce V. Malkenhorst, City Administrato I 604