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19820921 Regular City Council Meeting - Minutes ~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, HELD SEPTEMBER 21, 1982, AT 2:00 P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gorizales, Davis, McCormick MEMBERS ABSENT; I The meeting was called to order by Mayor Malburg. The City Clerk announced that this was the time and place for opening of bids in accordance with Contract No. 454, Water Main Lining For Exchange Avenue And Loma Vista Avenue. It was moved by Ybarra, seconded by Gonzales,that the City Clerk be instructed to open and read the bids sub- mitted. Motion carried. The Clerk opened and read the following bid: Ameron, Incorporated $50,493.30 It was moved by McCormick, seconded by Ybarra, that the bid received for Water Main Lining For Exchange Avenue And Loma Vista Avenue in accordance with Contract No. 454, be referred to the Water Department for review. Motion carried. It was moved by Davis, seconded by Gonzales,that the minutes of the adjourned regular City Council Meeting held September 7, 1982 be approved as written and submitted. Motion carried. Communication from Arthur E. Nelson, Director of Community Services, dated September 15, 1982, advising that Contract No. 449, Sewer Manhole Improvement, Exchange and Loma Vista Avenues,has been completed, with the total contract amount, including extra work orders, being $186,009.34. A final partial payment of $23, 023.71 is now due with the r~- maining ten percent, $18,600.93, payable thirty-five (35) days after acceptance and recommending that the work be accepted and authority be granted to pay the contractor, George Miller, 3032 Bandini'Boulevard, Vernon, California, in accordance with said contract, was presented. I It was moved by McCormick, seconded by Gonzales, that the recommendation of the Director Gommunty Services be approv- ed and that the amount of the total contract $186,009.34 includ- the Extra Work Orders be approved for payment, a final partial payment of $23,023.71 is now due and the remaining ten percent $18 ',600.93, payable thirty five (35) days after acceptance and that the work be accepted. Motion carried. RESOLUTION NO. 4941 - A Resolution of the City Council of the City of Vernon Accepting The Work Of Sewer Manhole Im- provement On Exchange and Loma Vista Avenues, In Accordance With Contract No. 449 Of The City Of Vernon, was presented. (Deferred from September 7, 1982 meeting) 7111 (2) 9/21/82 It was moved by McCormick, seconded by Ybarra, that Resolution No. 4941 be approved and adopted. Motion carried. AYES: NOES: Absent: McCormick, Ybarra, Davis, Gon?a1es, Malburg None None Police Department Activity Log for the period Sept- ember 1-15, 1982, was presented. I It was moved by Ybarra, seconded by Davis, that the Police Department Activity Log for the period September 1-15, 1982, be received and filed. Motion carried. Health Department Report for the month of August, 1982, was presented. It was moved by McCormick, seconded by Davis, that the Health Department Report for the month of August, 1982, be re- ceived and filed. - Motion carried. Communication from Police Chief L. A. Espinoza, dated August31, 1982, recommending authority and funds for L. S. Rosenkrantz to attend the Law Enforcement Intelligence Unit' B1-Zone Training Seminar, in Reno, Nevada, November 2-5, 19$2, with an expense allowance of $400.00, was presented. It was moved by Davis, seconded by Ybarra, that the recommendation of the Police Chief be approved and authority granted to issue warrant to L. S. Rosenkrantz to attend the Law Enforcement Intelligence Unit B1-Zone Training Seminar, in the amount of $400.00. Motion carried. Communication from Police Chief L. A. Espinoza, dated September 10, 1982, recommending authority and funds for James A. Woh1t to attend the California Association of Police Train- ing Officers Annual Conference and Training Seminar, in Sacra- mento, October 27-29, 1982, with an expense allowance of $330.00, was presented. It was moved by McCormick, seconded by Gonzales, that the recommendation of the Police Chief be approved and authority be granted to issue warrant to James A. Woh1t, in the amount of $330.00, to attend the California Association of Police Training Officers Annual Conference. Motion carried. I RESOLUTION NO. 4946 - A Resolution of the City Coun~i1 of the City of Vernon Commending Bobby Gene Emrick For His Many Years Of Service To The City Of Vernon, was presented. I It was moved by Gonzales, seconded by Ybarra, that Resolution No. 4946 be approved and adopted. Hotion carried. AYES: Gonzales, Ybarra, Malburg, McCormick, Davis NOES: None Absent:None Warrant Register No. 604, covering claims and demands presented during the period September 1-15, 1982, which in- cludes Demand Nos. 7698-7836 (both inclusive) excluding Light and Power Demands and replacement check No. 7705, drawn on the First Interstate Bank totaling $50,741.39, (Accounting Period September 1982) was examined and audited. 742 743 (3) 9/21/82 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 604 be approved and payment authorized for Demand Nos. 7698-7836 (both inclusive), excluding Light and Power Demands and replacement check No. 7705, in the amount of $50,741. 39, with no other exceptions. Motion carried. I Warrant Register No. 604, covering claims and demands presented during the period September 1-15, 1982, which -includes Light and Power Demand Nos. 7708, 7714, 7716, 7717, 7722, 7723, 7755, 7833, 7834 and 7836, totaling $5,461,524.53, (Accounting Period September 1982) was examined and audited. It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 604, be approved and payment authorized for Light and. Power Demand Nos, 7708, 7714, 7716, 7717, 7722, 7723, 7755, 7833, 7834 and 7836, in the amount of $5,461,524.53, with no exceptions. Motion carried. Councilman Davis abstained. Communication from Bruce V. Malkenhorst, City Administrat- or/City Clerk, dated September 15, 1982, recommending that an Encroachment License Agreement between the City of Vernon and Oak Crest Manufacturing to install a private phone line across 49th Street approximately 981 feet west of centerline Santa Fe Avenue, be approved and executed, was presented. It was moved by Gonzales, seconded by Davis, that the recommendation of the City Administrator/City Clerk be approved and that Oak Crest Manufacturing be granted an ,Encroachment License to install a private phone line across 49th Street approximately 981 feet west of centerline Santa Fe Avenue. Motion carried. Communication from Fire Chief George Bass, dated Sept- ember 7, 1982, recommending authority and funds for Francis W. Sumner to attend the Combined Northern and Southern Division Fire Prevention Officer's Section, California Fire Chiefs Association, in San Luis Obispo, October 14-15, 1982, with an expense allowance of $155.00, was presented. It was moved by Ybarra, seconded by McCormick, thatl the recommendation of the Fire Chief be approved and authority pe granted to issue warrant to Francis W. Sumner, in the amount of $155.00, to attend the Combined Northern and Southern Divis~on Fire Prevention Officer's Section, California Fire Chiefs ' Association. Motion carried. I Communication from Bruce V. Malkenhorst, City Admin~~ strator/City Clerk, dated September 20, 1982, recommending that an Encroachment License Agreement between the City of Vernon and Sweetener Products Company to construct a drain line in Irving Street and the north alley of 38th and east of Irving Street, was presented. It was moved by McCormick, seconded by Ybarra, that the recommendation of the City Administrator/City Clerk be approved, and that Sweetener Products Company be granted an Encroachment License to construct a drain line in Irving Street and the north alley of 38th and east of Irving Street. Motion carried. 7' ,f .4 (4) 9/21/82 I Communication from Bruce V. Malkenhorst, City Admini- strator/City Clerk, dated September 20, 1982, recommending that Tract Map No. 41737 be accepted (approval for tentative tract map No. 41737 was given on February 17, 1981), and advising that all city requirements have been met by the developer, R.M.R, Associates. It is also recommended that a portion of 2nd Street and Anderson Street as shown on Tract No. 41737 be accepted as public streets, was presented. It was moved by Davis, seconded by McCormick, that the recommendation of the City Administrator/City Clerk be approved and that the communication from the City Administrator/City Clerk and that Tract Map No. 41737 be received and filed. Motion carried. RESOLUTION NO. 4947 - A Resolution of the City Council of the City of Vernon Approving Final Tract Map No. 41737 And Accepting Conveyance Of A Fee Simple Interest In Anderson Street And A Portion Of Second Street, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 4947 be approved and adopted. Motion carried. AYES: Gonzales, Ybarra, Davis, McCormick, Malburg NOES: None Absent: None Communication from the State of California Public Utilities Commission advising of the notice of application No. 82-09-19 of the Southern California Gas Company, was presented. It was moved by McCormick, seconded by Gonzales, that communication from the State of California Public Utilities Commission be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Admin~- strator/City Clerk, dated September 21, 1982, recommending that the following personnel actions be taken. I Merit increase due to satisfactory job perform~nces: George Meldrum be granted an hourly increase tp $5.00, effective September 19, 1982. Leo Trujillo be granted a merit step increase to Utilityman III, Step 1, effective October 3, 1982. I II Termination: Officer Kenneth M. Perez be terminated, effective September 21, 1982, due to his failure to pass pro- bation. III Suspension: Officer Michael Craven be suspended one day without pay for his being in violation of section 400.10 of the Manual of Policy, Ethics and Procedures (punct uality) . IV Withdrawal of the recommendation to hire one Ms. Cruz Palmerin as Parkin~ Control Officer. 745 (5) 9/21/82 It was moved by McCormick, seconded by Ybarra, that the recommendations of the City Administrator/City Clerk on the following personnel actions be approved, merit increases for George Meldrum and Leo Trujillo and the withdrawal of the re~ commendation to hire one Ms. Cruz Pa1merin as Parking Control Officer and that the termination of Officer Kenneth M. Perez and the suspension of Officer Michael Craven be deferred until executive session later the same day. Motion carried. I Communication from Bruce V. Ma1kenhorst, City Admini- strator/City Clerk, dated September 21, 1982, recommending that a new engine be installed in Fire Truck No. 1 at an estimated cost of $11,506.25, (completely installed) which includes the amount that is presently owed, was presented. It was moved by Gonzales, seconded by McCormick, that the recommendation of the City Administrator/City Clerk be approved and that a new engine be installed in Fire Truck No.1. Motion carried. At 2:55 p.m., Mayor Malburg declared a recess At 3:35 p.m., the City Council reconvened in regular session, all members present before the recess, again being, present. It was moved by Ybarra, seconded by McCormick, that the City Council go into executive session under Section 54957 of the Government Code, at this time. Motion carried. All persons with the exception of the City Administtator/ City Clerk and City Attorney were excluded from the executive session. Mayor Malburg ordered all communications to and from the executive session were deemed private and confidential. At 3:40 p.m., Captain L. Rosenkrantz appeared in the executive session and was excused at 4:05 p.m. At 4:05 p.m., it was moved by Gonzales, seconded by Davis that the City Council go out of executive session and! re- sume regular session. Motion carried. I Communication from Bruce V. Ma1kenhorst, City Admini- strator/City Clerk, recommending the termination of Officer! Kenneth M. Perez, effective September 21, 1982, due to his failure to pass probation, was presented. . It was moved by McCormick, seconded by Davis, that the recommendation of the City Administrator/City Clerk be approved and thatOfficer Kenneth M. Perez be terminated effective Sept- ember 21, 1982. Motion carried. Communication from Bruce V. Ma1kenhorst, City Admini- strator/City Clerk, recommending the suspension of Officer Michael Craven for one day without pay for his being in violation of section 400.10 of the Manual of Policy, Ethics and Procedures (punctuality), was presented. It was moved by Ybarra, seconded by Gonzales, that the recommendation of the City Administrator/City Clerk be ap.proved and that Officer Michael Craven be suspended one day without pay for his being in violation of section 400.10 of the Manuel of Policy Ethics and Procedures. Motion carried. 746 (6) 9/21/82 At 4:13 p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go into executive under Attorney/Client privilege. All persons with the exception of the City Administrator/ City Clerk and City Attorney were excluded from the executive session. Mayor Malburg declared all communications to and from the executive session deemed private and confidential. I At 4:32 p.m., it was moved by Ybarra, seconded by Mc- Cormick, that the City Council go out of executive session and resume regular session. Motion carried. The City Attorney presented a proposed Joint Compromise and Release in regard to the Workers' Compensation Appeals Board case of Joseph W. B1aut vs. City of Vernon, Case Nos. 79 VN 88358, et a1., and recommended to the City Council that said Compromise and Release be approved for a total lump sum of $25,767.12. It was moved by Ybarra, seconded by Gonzales, that the proposed Joint Compromise and Release in the case of JosephlW. B1aut vs. City of Vernon, Case Nos. 79 VN 88358, et a1., for a total lump sum of $25,767.12, be approved and the city Attorney be authorized to execute said Joint Compromise and Release on behalf of the City of Vernon. Motion carried. The City Administrator advised the City Council that former police officer Mark Stanford Williams failed to report for duty in response to his letter of May 14, 1982, advising Mr. Williams that his letter of resignation was in violation of the terms and conditions of his employment agreement with the City of Vernon executed on February 11, 1980. He further advised that Mr. Williams secured employment with the Pasadena Police Department and recommended that the City of Vernon institute litigation to recover funds which were spent by the City to train Mr. Williams to be a police officer in re1ian~e upon the employment agreement. ! , It was moved by Davis, seconded by Gonzales, that t~e City Attorney be instructed and authorized to institute 1it~gat- ion against Mark Stanford Williams pursuant to the employment agreement in order to recover funds expended by the City under said agreement. Motion carried. I At 4:35 p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go into executive session ~nder Attorney/Client privilege. Motion carried All persons with the exception of the City Administrator/ City Clerk, City Attorney and Lewis Adams were excluded from the executive session. Mayor Malburg ordered all communications to and from the executive session were deemed private and confidential. Councilman Davis was excused at this time. At 5:30 p.m., it was moved by McCormick, seconded b,y Ybarra, that the City Council go out of executive session and resume regular session. Motion carried. 747 (7) 9/21/82 I The City Attorn~y advised the City Council that the Federal Energy Regulatory Commission had issued its decision in Southern California Edison Company,FERC Docket No. ER82-427, which denied various issues raised by the City of Vernon. He further advised that Mr. Fieldman, the City's consulting attorney on Federal Energy Regulatory Commission matters, had recommended that the City of Vernon file an appeal with the u.S. District Court because he believed that the decision by the Commission was incorrect. The City Attorney indicated that he agreed with Mr. Fieldman and recommended that an appeal be filed. It was moved by Gonzales, seconded by McCormick, that the City Attorney and Mr. Fieldman Be instructed and authorized to file an appeal with the U.S. District Court to appeal the de- cision rendered by the Federal Energy Regulatory Commission in Docket No. ER82-427. Motion carried. There being no further business to come before the City Council, it was moved by Ybarra, seconded by McCormick, that the meeting be adjourned. Motion carried. ~' ATTEST: ~~ BRUCE V. MALKENHORST, City Administrator/ City Clerk I