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19811215 Regular City Council Meeting - Minutes I I 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. 626 I I -2- 12/15/81 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. 627 I I -3- 12/15/81 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 628 629 -4- 12/15/81 I 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. I 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. -5- 12/15/81 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. 630 I I -6- 12/15/81 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. 631 632 -7- 12/15/81 I 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. ~~~. . ~.T C. MALBUllG .- Mayor II ATTEST: