Loading...
19811201 Regular City Council Meeting - Minutes ozp MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL HELD DECEMBER 1, 1981, AT 2:00 O'CLOCK, P.M. IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: None .1 The meeting was called to order by Mayor Malburg. It was moved by McCormick, seconded by Davis that the minutes of a regular City Council Meeting held November 17, 1981, be approved as written and submitted. At this time, the Mayor presented Service Pin Awards to the following em- ployees: Alfred Sotelo James E. Mason Elizabeth Sawickis 25 years 15 years 5 years The Mayor declared a recess, at 2:10 o'clock, p.m. At this time, 2:15 o'clock, p.m. the City Council reconvened in regular session, all members present before the recess, again being present. Communication from David B. Brearly, City Attorney, dated November 23, 1981, advising of the circumstances that necessitates amending Section 3 of Or- dinance Nos. 916 and 917 was presented. It was moved by McCormick, seconded by Ybarra, that the communication from the City Attorney be received and filed. Motion carried. ORBINANe~ NO. 919 - An Ordinance of the City Council of the City of Vernon Amending Section 3 of Ordinance No. 916 and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith was read by title for a first reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 919 receive and pass a first reading. Motion carried. AYES: McCormick, Gonzales, Malburg, Ybarra NOES: None ABSENT: None ABSTAINED: Councilman Davis ORDINANCE NO. 920 - An Ordinance of the City Council of Vernon Amending Section 3 of Ordinance No. 917 and Repealing All Ordinances and Parts of Ordinan- ces in Conflict Tberpwith was rea~ by title for a first reading. It was moved by Ybarra, seconded by McCormick, that Ordinance No. 920 receive and pass a first reading. Motion carried. 1 AYES: Ybarra, McCormick, Malburg, Gonzales NOES: None ABSENT: None ABSTAINED: Councilman Davis Communication from Bruce V. Malkenhorst, City Administrator, dated Novem- ber 15, 1981, recommending that the matter of Mr. Leonard F. Ely's earned 1981 vacation and eight hours compensation time be referred to the City Attorney, was presented. 621 -2- 12/1/81 It was moved by Ybarra, seconded by Davis, that the matter con- cerning Leonard F. Ely's vacation and compensation time be referred to the City Attorney, to review and advise what actions may be taken. Motion carried.. I RESOLUTION NO. 4859 - A Resoluton of the City Council of the City of Vernon Commending Ernest Simmons For His Many Years of Service to The City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 4859 be approved and adopted. Motion carried. AYES: Ybarra, Gonzales, Malburg, McCormick, Davis NOES: None ABSENT: None Communication from Arthur E. Nelson, Director of Community Services dated November 17, 1981, transmitting Contract No. 446, Public Works Facil- ity Reroofing, for approval recommending that authority be granted to ad- vertise for bids, was presented. RESOLUTION NO. 4860 - A Resolution of the City Council of the City of Vernon Approving Contract No. 446 and Authorizing Notice Inviting Sealed Proposals Or Bids For Reroofing of Public Works Facility in Accor- dance With Contract No. 446 Of The City Of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 4860 be approved and adopted. Motion carried. AYES: McCormick, Gonzales, Malburg, Ybarra, Davis NOES: None ABSENT: None I Communication from Arthur E. Nelson, Director of Community Ser- vices, dated November 24, 1981, advising that the work on accordance with Contract No. 432, Traffic Signal Installation, Downey Road and Leonis-Dis- trict Boulevard, Downey Road and' Fruitland Avenue, has been completed. The total contract amount was $32,863.00. A final partial payment of $29,576.70 is now due. The remaining ten percent, $3,286.30 is payable thirty-five days after acceptance. It is recommended that the work be - accepted and that authority be granted to pay the contractor, C.T.&F. Inc., 6853 Live Oak Street, Bell Gardens, California, 90201, was presented. It was moved by Ybarra, seconded by Davis, that the recommenda- tion of the Director of Community Services, be approved, and authority be granted to pay the contractor, C.T.&F., Inc., in accordance with the agreement. Motion carried. RESOLUTION NO. 4861 - A Resolution of the City Council of the City of Vernon Accepting The Work For Traffic Signal Installation Ate' Downey Road and Leonis-District Boulevard, Downey Road and Fruitland Ave- nue In Accordance With Contract No. 432 Of The City Of Vernon, was presen- ted. It was moved by Gonzales, seconded by McCormick, that Resoluton No. 4861 be approved and adopted. Motion carried. AYES: Gonzales, McCormick, Malburg, Ybarra, Davis NOES: None ABSENT: None -3- 12/1/81 Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated November 23, 1981, recommending that an Encroachment License Agreement be approved for Norris Industries, was presented. It was moved by Davis, seconded by Ybarra, that the recommen- dation be approved and that an Encroachment License Agreement be granted to Norris Industries. Motion carried. I Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated November 24, 1981, recommending that the request for variance made by Eugene L. Kramer, attorney for Dairy Fresh Products Company be denied, was presented. It was moved by McCormick, seconded by Ybarra, that the recom- mendation of the City Administrator be approved and that the request for variance made by Eugene L. Kramer, attorney for Dairy Fresh Products Company be denied. Motion carried. Warrant Register No. 585, covering claims and demands presented during the period November 16-30, 1981, which includes Demand Nos. 4912- 5021, (both inclusive) excluding Light and Power Demands and void Demand Nos. 4962,4977,4993,5000,and 5010, drawn on the First Interstate Bank totaling $237,441.45, (Accounting period, December, 1981) was examined and audited. It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 585, be approved and payment authorized for Demand Nos. 4912-5021 (both inclusive) excluding Light and Power Demands and void Demand Nos. 4962,4977,4993,5000, 5010, in the amount of $237,441.45, with no other exceptions. Motion carried. Warrant Register No. 585, covering claims and demands presen- ted during the period November 16-30, 1981, which includes Light and Power Demand Nos. 4912, 4914, 4929, 4940, 4950, 4952, 4956 and 4972, drawn on the First Interstate Bank, totaling $77, 331.29, was examined and audited. It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 585 be approved and payment authorized for Light and Power Demand Nos. 4912, 4914, 4929, 4940, 4950, 4952, 4956, and 4972, in the amount of $77,331.29, with no exceptions. Motion carried. Councilman Davis abstained. I Communication from Bruce V. Malkenhorst, Personnel Director, dated November 30, 1981 transmitting the minutes of the Personnel Com- mittee Meeting held November 30, 1981, for approval of recommendations contained therein was presented. It was moved by Gonzales, seconded by Davis, that the minutes of the Personnel Committee Meeting held November 30, 1981, be approved as amended with the following amendment to indicate the hiring of Patrick Long as Academy Cadet be contingent on execution of an employment agree- ment. Motion carried. Police Department Activity Log for the period November 16-30~ 1981 was presented. It was moved by Ybarra, seconded by McCormick, that the Police Department Activity Log for the period November 16-30, 1981, be received and filed. Motion carried. 622 I I -4- 12/1/81 ORDINANCE NO.921 - An Urgency Ordinance of the City Council of the City of Vernon Amending the Code of the City of Bernon, California 1959, By Adding Section 16.14-1 to Chapter 16 Prohibiting the Operation, Parking or Standing of Any Semi-Trailer Upon or Along Any Public Street in the City of Vernon, Unless the Same is Being Used in Conjunction With a Motor Vehicle, and so Operated, Parked or Standing Upon, or is Carried by Another Vehicle, Equipped With Inflated Pneumatic Tires and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith, was read as Urgency Ordinance and shall be effective immediately upon approval of a majority of the City Council of the City of Vernon and thenceforth the same shall be in full force and effect, was presented. (First and Final Reading) It was moved by McCormick, seconded by Ybarra, that Ordinance No. 921 receive and pass a first and final reading. Motion carried. AYES: McCormick, Ybarra, Malburg, Gonzales, Davis NOES: None ABSENT: None Communication from Lewis R. Adams, Director of Water Department, dated November 30. 1981, transmitting a fully executed easement from Santa Fe Land Improvement Water System was transferred to the City, June 30, 1981. It is recommended that the easement be accepted and the grantor notified of the official recordation, was presented. It was moved by Ybarra, seconded by Davis, that the recommendation of Director of Water be approved and that the easement be accepted and the grantor notified of the official recordation. Motion carried. Ath this time, 3:05 o'clock, p.m., the Mayor declared a recess. At 3:45 o' clock p.m., the council reconvened in regular. session, all members present before the recess, again bieng present. At -this time, 3:46 o'clock, p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go into Executive Session under Govern- ment Code 54957. Motion carried. All persons with the exception of the Personnel Director and the City Attorney were excluded from the Executive Session. Mayor Malburg declared all communication to and from the Executive Session deemed private and confidential. At 3:56 o'clock, p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go out of Executive Session. Motion carried. It was moveGhby Gonzales, seconded by Davis, that resignation of Officer Duane Hollister be accepted, effective the close of business, December 1, 1981. Motion carried. 623 I I -5- 12/1/81 At this time, a recommendation was presented by Bruce V. Malken- horst, City Administrator that December 24 and December 31, 1981 be de- clared holidays for all personnel not necessary for twenty-four hour opera- tion. It was moved by McCormick, seconded by Ybarra, that the recomm- endation of the City Administrator be approved and that December 24, and December 31, 1981 be declared holidays for all personnel not necessary for twenty-four hour operation. Motion carried. Communication from Jack Lerner, President of Vernon Leather Com- pany, dated November 20, 1981 expressing their appreciation for the service and protection of the Police Department during the recent strike at their plant, was presented. It wasrooved by McCormick, seconded by Ybarra, that the communi- cation from the President of ~ernon Leather Company be received and filed. Motion carried. At this time, 4:10 o'clock, p.m., it was moved by Ybarra, secon- ded by McCormick, that the City Council go into Executive Session under Attorney/Client privilege. 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 Execu- tive Session deemed private and confidential. At 5:12 o'clock, p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go out of Executive Session and resume Regular Session. Motion carried. Communication from David B. Brearly, City Attorney, dated Novem- ber 30, 1981, (Re: City of Vernon v. Francisco Gomez Flores, et al. :Reim- bursement of Worker's Compensation Benefits-David H. Mains) stating that Mr. Watkins, attorney for Mr. Mains had negotiated a settlement with Far- mers Insuranc Group for the sum of $5,500 subject to the City being reim- bursed for the benefits paid to Mr. Mains pursuant to said accident. Mr. Watkins has forwarded to him a draft in the sum of $5,500 and a release by letter dated November 25, 1981. The City Attorney is recommending that the City Council authorize the City Administrator/City Clerk to execute the draft from Farmers Insurance Group and the release and accept the sum of $2,312.11 as full reimbursement fir Worker's Compensation Benefits paid to Mr. Mains to said accident, was presented. It was moved by Gonzales, seconded byYbarra,thatthe recommenda- tion of the City Attorney be approved and that the City Administrator be authorized to execute draft in the sum of $5,500 and Release in Full of All Claims and Rights in conformance ~ith the City of Vernon's proposed settle- ment concerning satisfaction of the City's claim for reimbursement of Worker's Compensation Benefits paid on the behalf of Mr. Mains. The Release will not be effective until the City of Vernon has received a check in the amount of $2,312.11 and same has been negotiated. Motion carried. 624 -6- 12/1/81 I It was moved by McCormick, seconded by Davis, that in the Case of Romero v. Latchford Glass, City of Vernon, Lien Claimantr~1 that Bruce V. Malkenhorst, City Administrator/City Clerk be authorized to execute Release and Settlement of Claim and draft in the sum of $25,000. The Release will not be effective until the City of Vernon receives a check on the amount of $8,300.00 from Mr. Romero's attorney, Mr. White, and the same has been negotiated. Motion carried. It was moved by Gonzales, seconded by Ybarra, that necessary funds for expenses be approved for Bruce V. Malkenhorst, City Administrator and David B. Brearley, City Attorney to attend a meeting with Nevada Power Authority, December 11, 1981. Motion carried. Councilman Davis abstained. There being no further business to come before the City Council, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ~~~' ATTEST: ~/~ BRUCE V. MALKENHORST City Administrator/ City Clerk I 625