19811215 Regular City Council Meeting - Minutes
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL HELD DECEMBER 15, 1981
AT 2:0Gd'-61.0Ck,P.M. t 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
The meeting was called to order by Mayor Malburg.
The City Clerk announced that this was the time and place for
opening of bids for Public Works Facility Reroofing in Accordance with Con-
tract No. 446.
It was moved by Gonzales, seconded by Davis, that the City
Clerk be instructed to open and read the bids submitted. Motion carried.
The Clerk opened and read the following bids:
Coast Roof Co. ,Inc.
Hedco Development Corp.
Robert Nichols, Inc.
Stout Roofing, Inc.
Merit Services
$53,150.
53,395.
46 ,404.
34,548.
58,790.
It was moved by McCormick, seconded by Ybarra, that the bids
received for Public Works Facility Reroofing in Accordance with Contract
No. 446, be referred to the Community Services Department for checking and
report. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the min-
utes of the regular City Council Meeting held December 1, 1981, be approved
as written and submitted. Motion carried.
Police Dapartment Activity Log for the period December 1-14,
1981, was presented.
It was moved by McCormick, seconded by Gonzales, that the Police
Department Activity Log for the period December 1-14, 1981, be received and
filed. Motion carried.
RESOLUTION NO. 4858 - A Resolution of the City Council of the
City of Vernon, Commending Alfred F. Sotelo For His Many Years Of Service
To The City Of Vernon, was presented.
It was moved by Ybarra, seconded by Gonzales, that Resolution
No. 4858 be approved and adopted. Motion carried.
AYES: Ybarra, Gonzales, Davis, Malburg, McCormick
NOES: None
ABSENT: None
Health Department Report for the month of November, was presented.
It was moved by Ybarra, seconded by Davis, that the Health De-
partment Report for November, 1981, be received and filed. Motion carried.
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Communication from Bruce V. Malkenhorst, City Administrator/
City Clerk, dated December 9, 1981, recommending that a variance from the
Uniform Building Code be granted to Vernon Warehouse Company, located at
2050 East 38th Street, Vernon, for reasons indicated in Victor Vaits'
memo of November 24, 1981, was presented.
It was moved by Gonzales, seconded by McCormick, that the
recommendation of the City Administrator be approved and that a variance
from the Uniform Building Code be granted to Vernon Warehouse Company.
Motion carried.
Communication fr0m Bruce V. Malkenhorst, City Administrator/
City Clerk, dated December 9, 1981, recommending that a claim for damages
in the amount of $321.00 be paid to Automated Binding Company, Inc., for
damage to guard railing caused by Officer Atkinson on September 27, 1981,
on the condition that Mr. Rodick, sign a full release, was presented.
It was moved by McCormick, seconded by Ybarra, that the recom-
mendation of the City Admli~ator be approved and that authority be grant-
ed to issue warrant in the amount of $321.00, to Automated Binding Company,
Inc., on the condition that Mr. Emric Rodick sign a full release. Motion
carried.
ORDINANCE NO. 919 - An Ordinace of the City Council of the City
of Vernon Amending Section 3 Of Ordinance No. 916 And Repealing All Ordinan-
And Parts Of Ordinances In Conflict Therewith was read by title for a second
and final reading.
It was moved by McCormick, seconded by Gonzales, that Ordinance
No. 919 receive and pass a second reading and be adopted. Motion carried.
AYES: McCormick, Gonzales, Ybarra, Malburg
NOES: None
ABSENT: None
ABSTAINED: Davis
ORDINANCE NO. 920 - An Ordinance of the City Council of the
City of Vernon Amending Section 3 Of Ordinance No. 917 And Repealing All
Ordinances And Parts ef Ordinances In Conflict Therewith, was read by title
for a second and final reading.
It was moved by Ybarra, seconded by McCormick, that Ordinance
No. 920 receive and pass a second reading and be adopted. Motion carried.
AYES: Ybarra, ~cCormick, Malburg, Gonzales
NOES: None
ABSENT:None
ABSTAINED: Davis
Communication from David B. Brearley, City Attorney, dated
December 3, 1981, transmitting Ordinance No. 922 and Resolution No. 4853,
and advising of circumstances surrounding said items, was presented.
It was moved by Gonzales, seconded by McCormick, that the com-
munication from the City Attorney be deferred until Executive Session, later
the same day. Motion carried.
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ORDINANCE NO. 922 - An Ordinance of the City Council of the
City of Vernon Amending Section 2.7-7 Of The Code Of The City Of Vernon,
California~ 1959 Providing For The Removal Of The City Administrator
After Municipal Election And Repealing All Ordinances And Parts Of Ordinan-
ces In Conflict Therewith, was read by title for a first reading.
It was moved by Davis, seconded by McCormick, that Ordinance
No. 922 be deferred until Executive Session, later the same day. Motion
carried.
Warrant Register No. 586, covering claims and demands presented
during the period December 1-15, 1981, which includes Demand Nos. 5022-5198
(both inclusive), excluding Light and Power Demands and void Demand No. 5183,
drawn on the First Interstate Bank, totaling $149,088.44, (Accounting period
December, 1981) was examined and audited.
It was moved by Ybarra, seconded by Davis, that Warrant Register
No. 586, be approved and payment authorized for Demand Nos. 5022-5198 (both
inclusive) excluding Light and Power Demands and void Demand No. 5183, in the
amount of $149, 088.44, with no other exceptions. Motion carried.
Warrant Register No. 586, covering claims and demands presented
during the period December 1-15, 1981, which includes Light and Power Demand
Nos. 5022,5085,5117,,5167, 5168, 5176, 5177, 5178, 5179, 5180, 5188, totaling
$306,185.81, (Accounting period December 1981) was examined and audited.
It was moved by Gonzales, seconded ~y McCormick, that Warrant
Register No. 586, be approved and payment authorized for Light and Power
Demnd Nos. 5022,5085,5117,5167,5168,5176,5177,5178,5179,5180,5188,
in the amount of $306,185.81, with no exceptions. Motion carried. Davis
abstained.
RESOLUTION NO. 4862 - A Resolution of the City Council of
the City of Vernon, California, Requesting the Board of Supervisors Of The
County Of Los Angeles To Render Specified Services To Said City Relating To
The Conduct Of A General Municipal Election To Be Held In Said City On Tuesday,
April 13, 1982, was presented.
It was moved by McCormick, seconded by Ybarra that Resolution
No. 4862 be approved and adopted. Motion carried.
AYES: McCormick, Ybarra, Malburg, Gonzales, Davis
NOES: None
ABSENT: None
RESOLUTION NO. 4863 - A Resolution of the City Council of the
City of Vernon, Californai, Calling And Giving Notice Of The Holding Of A
General Municipal Election To Be Held In Said City On Tuesday, April 13,
1982, For The Election Of Certain Officers Of Said City As Required By The
Provisions Of The Laws Of The State Of California Relating To General Law
Cities, was presented.
It was moved by Gonzales, seconded by McCormick, that Resolution
No. 4863 be approved and adopted. Motion carried.
AYES:
NOES:
ABSENT:
Gonzales, McCormick, Malburg, Ybarra, Davis
None
None
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RESOLUTION NO. 4864 - A Resolution of the City Council of the
City of Vernon, California, Adopting Regulations For Canidates For Elective
Office, Pertaining To Materials Submitted To The Electorate And The Costs
Thereof For The General Municipal Election 'fo Be Held In SaidCCity On
Tuesday, April 13, 1982, was presented.
It was moved by Davis, seconded ,by Ybarra, that Resolution No.
4864 be approved nd adopted. Motion carried.
AYES
NOES
ABSE T:
Davis, Ybarra, Gonzales, Malburg, McCormick
None
None
Comm nication from Bruce V. Malkenhorst, Personnel Director,
dated December 14 1981, transmitting minutes of the Personnel Committee
Meeting held Dece ber 14, 1981, for approval of recommendations contained
therein, was pres nted.
It w s moved by Gonzales, seconded by Davis, that the minutes
of the Personnel ommittee Meeting held December 14, 1981, be approved as
written and recom ehdations contained therein adopted. Motion carried.
RESO UTION NO. 4865 - A Resolution of the City Council of the
City of Vernon Ap roving The Execution Of A Contract By And Between Steel
Casting Company W ich Provides For Electrical Services, was presented.
It w s moved by McCormick, seconded by Ybarra, that approval
for Resolution No 4865 be deferred until the next regular City Council
Meeting to be hel January 5, 1982. Motion carried.
Comm nication from David B. Brearley, City Attorney, dated
December 10, 1981 recommending the approval of a compromise and release
agreement by and etween Cas a Colina Hospital and the City of Vernon in the
matter of Gary Al arez vs City of Vernon for the sum of $5,486.97, was
presented.
It w s moved by McCormick, seconded by Gonzales, that the
recommendation of the City Attorney in the matter of a compromise ,and
release agreement by and between Casa Colina Hospital and the City of
Vernon be deferre until Executive Session, later the same day. Motion
carri ed.
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ORDI ANCE NO. 923 - An Ordinance of the City Council of the
City of Vernon Am nding Section 16.4-1 of Chapter 16 Authorizing The Removal
Of Said Vehicles pan Violation Of The Requirements Contained Therein, was
read as an Urgenc Ordinance for a first and final reading.
It w s moved by McCormick, seconded by Ybarra, that Urgency
Ordinance No. 923 receive and pass a first and final reading and be adopted.
Motion carried.
AYES McCormick, Ybarra, Malburg, Gonzales, Davis
NOES None
ABSE T: None
RESO UTION NO. 4866 - A Resolution of the City Council of the
City of Vernon Ap roving The Execution Of An Interconnection Agreement By
And Between The N vada Power Company And The City Of Vernon And Authorizing
The Mayor To Exec te Said Agreement, was presented.
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It as moved by McCormick, seconded by Gonzales, that Resolution
No. 4866 be appr ved and adopted. Motion carried.
AYE McCormick, Gonzales, Malburg, Ybarra
NOE: None
ABS NT: None
ABSA[NED: Davis
Com uoication from Mr. John Gibbs, Executive Vice President of
Nevada Power Com any, dated December 11, 1981, transmitting four (4) signed
copies of an int rconnection contract between the City of Vernon and Nevada
Power Company fo execution of the same, was presented.
It as moved by McCormick, seconded by Gonzales, that the Mayor
be instructed to execute the four (4) signed copies of an interconnection
contract between the City of Vernon and Nevada Power Company. Motion carried.
Councilman Davis abstained~
Com unication from Ruth Yannatta Goldway, Mayor of Santa Monica,
dated November 1 , 1981, transmitting copies of resolutions which have been
sent to the Los ngeles County Board of Supervisors and the California Dele-
gation and askin Vernon City Council to consider adoption of similar reso-
lutions, was pre ented.
It as moved by McCormick, seconded by Ybarra, that the comm-
unication from R th Yannatta Goldway, Mayor of Santa Monica, be received
and filed. Moti n carried.
The Mayor invited comments from individuals in the audience.
Mr. Lloyd W. Otto San Antonio District Executive Los Angeles
Area Council, Bo Scouts of America, addressed the council regarding the
use of the Boy S out Hut for the San Antonio District's Boy Scout Troops.
The Mayor suggested that this item be referred to the City
Administrator's office for review.
It a$ moved by McCormick, seconded by Ybarra, that the City
Council go into xecutive Session under Government Code 54957, at 2:47 0'
clock p.m. Motion carried.
All persons with the exception of the City Administrator and
the City Attorne were excluded from the Executive Session.
Mayor Malburg, declared all communications to and from the
Executive Session deemed private and confidential
At 2:54 o'clock, p.m., it was moved by McCormick, seconded by
Ybarra, that the City Council go out of Executive Session. Motion carried.
Malburg called the hearing on Raymond Michalski's application
for disability retirement and the council reconvened in the hearing, all
members present before the hearing, again being present.
A court reporter was present and recorded the proceedings.
The Mayor declared a recess at 3:55 o'clock, p.m.
At 4:16 o'clock, p.m., the council reconvened in the hearing,
all members present before the hearing, again being present.
Mayor Malburg, declared a continuance of the hearing to 3:00
o'clock, p.m., January 5, 1982.
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Yb rra, McCormick, Malburg, Gonzales, Davis
No e
No e
Communicati n from Bruce V. Malkenhorst, City Administrator, dated November
15, 1981, recommending that the matter of preparation and costs of specifications
for electronic equipment for the Vernon Police Department, at a cost of $850.00 to
be approved, was presented.
It was moved by McCormick, seconded by Ybarra, that the recommendation of
the City Administrat r be approved and Hugh A. Young, Consulting Engineer, be ret-
ained at a cost of $ 50.00 to prepare specifications per letter. Motion carried.
Communicatio from David B. Brearley, City Attorney, dated December 3, 1981,
transmitting Ordinan e No. 922 and Resolution No. 4853, and advising of circumstan-
ces surrounding said items, was presented.
ORDINANCE NO. 922 - An Ordinance of the City Council of the City of Vernon
Amending Section 2.7 7 Of The Code Of The City Of Vernon, California 1959 Providing
For The Removal Of T e City Administrator After Municipal Election And RepeaUng
All Ordinances And P rts Of Ordinances, In Conflict Therewith, was read by title
for a first reading.
It was moved by Ybarra, seconded by McCormick, that Ordinance No. 922
receive and pass a fOrst reading. Motion carried.
AYES:
NOES:
ABSENT:
It was moved by McCormick, seconded by Ybarra, that the City Council go
into Executive Sessi n under Attorney/Client privelege, at 4:44 o'clock, p.m.
Motion carried.
All persons ith the exception of the City Administrator, the City Attorney,
and Victor Vaits wer excluded from the Executive Session.
Mayor Malbur declared all communication to and from the Executive Session
deemed private and c nfidential.
Victor Vaits was excused at 5:22 o.clock, p.m.
At this time 5:54 o'clock, p.m., it was moved by McCormick,seconaedby
Ybarra, that the Cit Council go out of Executive Session and resume regular session.
Motion carried.
It was moved by McCormick, seconded by Gonzales, that the City Attorney be
authorized to file a civil action against the owners and occupants at 4820 Alcoa
Avenue, Vernon, Caliornia 90058, to eliminate the violation of various ordinances
of the City of Verno and if necessary to cause said building to be vacated pursuant
to the Dangerous Building Code. Motion carried.
Communicatio from David B. Brearley, City Attorney, dated December 10, 1981,
recommending approval of a Compromise and Release Agreement by and between Casa
Col ina Hospital and he City of Vernon, in the matter of Gary Al varez vs City of
Vernon was presented.
It was moved by Gonzales, seconded by Davis, that the communication from
the City Attorney be received and filed. Motion carried.
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The ity Attorney presented a proposed Compromise and Release
Agreement by and etween Casa Colina Hospital and the City of Vernon in re-
gard to the Worke s' Compensation Appeals Board case of Gary Alvarez vs
City of Vernon, C se Nos.; 78BGN44302; 78BGN44400; 79BGN46821 and recommend
to the City Coun il that said Compromise and Release be approved for a total
lump sum of $5,48 .97.
It w s moved by Gonzales, seconded by Davis, that the proposed
Compromise and Re ease by and between Casa Colina Hospital and the City of
Vernon in regard 0 the Workers' Compensation Appeals Board Case of Gary
Alvarez vs City 0 Vernon, Case Nos.; 78BGN44302; 78BGN44400; 79BGN46821
and for a total 1 mp sum of $5,486.97 be approved and the City Attorney
be authorized to xecute said Compromise and Release on behalf of the City
of Vernon. Motio carried.
The ity Attorney presented a proposed Compromise and Release
in regard to the orkers' Compensation Appeals Board Case of Fred H. Colvin
vs City of Vernon Case Nos.; 78LB 97792/94, and recommended to the City
Council that sai d Compromi se and Rel ease be approved for a total 1 ump sum
of $6,294.00.
It w s moved by Ybarra, seconded by Mc Cormick, that the propo-
sed Compromise an . Release in the case of Fred H. Colvin vs City of Vernon,
Case Nos.; 78LB 9 792/94, for a total lump sum of $6,294.00 be approved and the
City Attorney be uthorized to execute said Compromise and Release on behalf
of the City of Ve non. Motion carried.
Ther being no further business to come before the City Council,
it was moved by M Cormick, seconded by Ybarra, that the meeting adjourn.
Motion carried.
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. ~.T C. MALBUllG .- Mayor
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