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19830426 Regular City Council Meeting - Minutes I I MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD APRIL 26, 1983 AT 4:15 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA M$MBERS PRESENT: Ybarra, Gonzales, Davis, McCormick, Malburg MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. At this time the Mayor presented service pin awards: Fire Engineer Dale Kruse - 20 years Fire Engineer Sam Gierhan - 20 years Firefighter Bill Manolovits - 20 years Fire Chief George Bass accepted the service pins for the above mentioned employees due to their not being able to attend the meeting. Detective Roosevelt Sapp - 15 years Chief of Police Al Espinoza accepted the service pin on behalf of Roosevelt Sapp due to his not being able to attend the meeting. It was moved by Gonzales, seconded by Ybarra, that the minutes of the City Council meeting held April 5, 1983, be approved as written and submitted. Motion carried. PAYROLL WARRANT REGISTER NO. 316 - covering claims and demands presented during the period February 6 thru March 19, 1983, which includes Demand Nos. 3666 thru 3687 (both inclusive) drawn on the Crocker National Bank totaling $803,870.22 (accounting period March 1983) was examined and audited. It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 316 - be approved and payment authorized for Demand Nos. 3666-3687 (both inclusive), in the amount of $803,870.22 with no exceptions. Motion carried. WARRANT REGISTER NO. 618 - covering claims and demands presented during the period April 1, 1983 thru April 15, 1983, which includes demand Nos. 9629 thru 9813 (both inclusive) excluding Light & Power Demands, drawn on the First Interstate Bank totaling $123,502.85 (accounting period April 1983) was examined and audited. It was moved by McCormick, seconded by Davis, that Warrant Register No. 618 be approved and payment authorized for Demand Nos. 9629 thru 9813 (both inclusive), excluding Light & Power Demands, drawn on First Interstate Bank, in the amount of $123,502.85, with no exceptions. Motion carried. WARRANT REGISTER NO. 618 - covering claims and demands presented during the period April I, thru April 15, 1983, which includes Light and Power Demands Nos. 9722, 9723, 9724,9755, 9772, 9773, 9799, 9800, 9806, 9808, 9809, and 9811 totaling $5,630,181.13 (accounting period April 1983) was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 618, be approved and payment authorized for Light & Power Demand Nos. 9722, 9723, 9724, 9755, 9772, 9773, 9799, 9800, 9806, 9808, 9809,and 9811 in the amount of $5,630,181.13 with no exceptions. Motion. (Councilman Davis abstained). 824 I I City Council Meeting page 2 April 26, 1983 Police Department Activity Log for the period April 1 thru 15, 1983, was presented. It was moved by McCormick, seconded by Gonzales, that the police department activity log for the period April 1 thru 15, 1983, be received and filed. Motion carried. Health Department Report for the month of March, 1983, was presented. It was moved by Ybarra, seconded by Davis, that the Health Department for the month of March be received and filed. Motion carried. Communication from L.A. Espinoza, Chief of Police, dated March 15, 1983, was presented, requesting authority and funds for Lt. James Mason to attend the 8th Annual Labor, Police, Management Seminar in Las Vegas, Nevada, April 29 to May 1, 1983, with an expense allowance of $315.50. It was moved by Davis, seconded by Ybarra, that the request of Chief of Police L.A. Espinoza be approved and authority granted to issue warrant to Lt. James Mason in the amount of $315.50 to attend the 8th Annual Labor, Police, Management Seminar in Las Vegas, Nevada, April 29 to May 1, 1983. Motion carried. Communications from Bruce V. Malkenhorst, Director of Personnel, dated April 19, 1983) was presented, transmitting the minutes of the Personnel Committee Meeting held April 18, 1983, for approval of recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Personnel Committee Meeting held April 18, 1983 be approved as written and recommendations contained therein be adopted. Motion carried. Communication .from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 13) 1983, was presented) requesting authority and funds for Edward A. Cooney, Assistant Director of Finance, to attend the Califonnia Society of Municipal Finance Officers and League of California Cities Legislative Conference in Sacramento, on May 5) 1~83, with an expense allowance of $203.00. It was moved by Ybarra, seconded by Gonzales, that the request of the City Administrator/City Clerk be approved and authority granted to issue warrant in the amount of $203.00 to Edward Cooney, Assistant Director of Finance to attend the Legislative Conference in Sacramento. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk) dated April 19, 1983, was presented, transmitting addenda to Contract No. 457, Sewer Cleaning 1983-86, and recom- mending that said Addenda be approved to clarify "Special Provisions" in contract No. 457. It was moved by McCormick, seconded by Davis, that the recom- mendation of the City Administrator/City Clerk to approve the Addenda to Contract No. 457 be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated April 19, 1983, was presented, recommending that the All Risk Property policy be obtained through the Independent Cities Risk Management Authority program, through insurance brokers Marsh & McLennan at a cost of $73,544.00 and that said policy be effective as of April 18, 1983. It was moved by Ybarra) seconded by McCormick) that the recommendation of the City Administrator/City Clerk for the All Risk Property insurance policy be obtained through the Independent Cities Risk Management program be approved at a cost of $73,544.00, through insurance brokers Marsh & McLennan, effective April 18, 1983. Motion carried. 825 I I City Council Meeting page 3 April 26, 1983 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 21, 1983, was presented, requesting authority and funds for Administrative Battalion Chief Lloyd Schultz and Battalion Chief Larry Spadt to attend a one day Emergency Services Seminar in Monterey Park on May 4, 1983, with a total expense allowance of $40.00. It was moved by Davis, seconded by Gonzales, that the request of the City Administrator/City Clerk be approved and authority granted to issue warrant to Southern California Emergency Services in the amount of $40.00 for the attendance of Administrative Battalion Chief Schultz and Battalion Chief Spadt. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 21, 1983, was presented, recommending that Purchasing Bid No. 1197, Purchase of New Pick-Up Truck for Vernon Water Department, received from Lindt-Wilson Motors, Inc., be rejected and that the Purchasing Agent be authorized to readvertise for bids. It was moved by Ybarra, seconded by Gonzales, that the recom- mendation of the City Administrator/City Clerk to reject the bid of Lindt-Wilson Motors, Inc., for Purchasing Bid No. 1197 and that the recommendation to readvertise for bids for Purchasing Bid No. 1197 be approved. Motion carried. RESOLUTION NO. 4992 - A Resolution of the City Cbuncil of the City of Vernon Approving the Purchase of One New Pick-Up Truck for the Use in the Water Department and Authorizing the Purchasing Agent to Advertise for Bids for Said Truck, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 4992 be approved and adopted. Motion carried. AYES: NOES: Absent: Ybarra, McCormick, Gonzales, Davis, Malburg None None The Chief Executive Officer of the Light & Power Department and a Director of Southern California Public Power Authority Bruce V. Malkenhorst, presented Amendment Number Two to Joint Powers Agree- ment, Southern California Public Power Authority and recommended that it be approved. RESOLUTION NO. 4989 - A Resolution of the City Council of the City of Verrnon Approving the Execution of Amendment Number Two to Southern California Public Power Authority Joint Powers Agreement, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 4989 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, McCormick, Ybarra, Davis, Malburg None None Chief Executive Officer of the Light & Power Department and a Director of Southern California Public Power Authority, Bruce V. Malkenhorst, presented Ordinance No. 934 and recommended its adoption. ORDINANCE NO. 934 - An Ordinance of the City Council of the City of Vernon Approving the Issuance of Refunding Bonds by Southern California Public Power Authority Joint Powers Agreement, was read by title for a first reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 934 receive and pass a first reading. Motion carried. AYES: NOES: Absent: McCormick, Davis, Ybarra, Gonzales, Malburg None None 826 I I City Council Meeting page 4 April 26, 1983 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 26, 1983, was presented, transmitting the report from Lewis Adams on the Energy Cost Adjustment Billing Factor for the next three month period and recommending that the Energy Cost Adjustment Billing Factor be a minus 1.624~ per kilowatt hour for the next three (3) month period, effective May 1, 1983. It was moved by McCormick, seconded by Gonzales, that the report from Lewis Adams on the Energy Cost Adjustment Billing Factor for the next three month, period be received and filed. Motion carried. RESOLUTION NO. 4990 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrcial Energy Distributed and Supplied to its Electrical Consumers, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 4990 be approved and adopted. Motion carried. AYES: NOES: Absent: Ybarra, Davis, Gonzales, McCormick, Malburg None None Report of the City Attorney, dated April 26, 1983, to the City Council considering the industrial disability retirement of Mr. Raymond Tisdale in relation to his qualifications for disability retirement, was presented. RESOLUTION NO. 4991 - A Resolution of the City Council of the City of Vernon Determining the Disability Retirement of Raymond Tisdale a Local Safety Member Employed by the City of Vernon (~2l024 and 21025 of the Government Code), was presented. It was moved by Gonzales, seconded by Davis, that the mat.ter of Raymond Tisdale's qualifications for disability retirement be deferred to Executive Session. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 25, 1983, was presented, advising that bids for Sale Bid No. 83-02 (1981 Oldsmobile Surplus Vehicle) were opened on April 19, 1983, with the highest bidder being Lewis Adams in the amount of $9,002.00 and recommending that said Sale Bid be awarded to Mr. Adams. It was moved by Davis, seconded by Ybarra, that the recom- mendation of the City Administrator/City Clerk to award Sale Bid No. 83-02 to Mr. Lewis Adams be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 26, 1983, was presented, requesting authority and funds for Mayor Pro Tem Thomas Ybarra to attend the Mayors and Councilmembers Legislative Conference in Sacramento, May 23 to 25, 1983, with an expense allowance of $399.00. It was moved by Davis, seconded by Gonzales, that the request of the City Administrator/City Clerk for Thomas Ybarra to attend the Mayors & Councilmembers Legislative Conference May 23 to 25, 1983, in Sacramento be approved and authority granted to issue warrant to Mr. Ybarra for $399.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 25, 1983, was presented, recommending that Richard Mendoza be hired as a temporary worker to work in the Water Department at an hourly wage of $4.50, effective April 26, 1983. It was moved by Ybarra, seconded by Gonzales, that the recommendation of the City Administrator/City Clerk, to hire Richard Mendoza be approved. Motion carried. 827 I I City Council Meeting page 5 April 26, 1983 At 5:36 P.M. it was moved by McCormick, seconded by Gonzales, that the Council go into Executive session under Government Code Section 54957. Motion carried. All persons with the exception of the City Administrator/City Clerk, City Attorney, Louis Hauger and Raymond Tisdale were excluded from Executive Session. Mayor Malburg declared all communications to and from the Executive Session deemed private and confidential. Raymond Tisdale was excused from Executive Session at 5:50 P.M. Captain Rosenkrantz and Chief of Police Espinoza were admitted into Executive Session, the time being 5:55 P.M. It was moved by ~arra, seconded by McCormick, that Council go out of Executive Session and resume regular session, the time being 6:13 P.M. Motion carried. It was moved by Gonzales, seconded by McCormick, that the report by the City Attorney regarding the industrial disability qualifications for disability retirement of Mr. Raymond Tisdale be received and filed. Motion carried. RESOLUTION NO. 4991 - A Resolution of the City Council of the City of Vernon Determining the Disability Retirement of Raymond Tisdale a Local Safety Member Employed by the City of Vernon (821024 and 21025 of the Government Code), was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 4991 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, Davis, McCormick, Ybarra, Malburg None None: RESOLUTION NO. 4993 - A Resolution of the City Council of the City of Vernon Commending Raymond Tisdale for His Many Years of Service to the. City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that the Council go into Executive Session under Attorney/Client Privilege, the time being 6:18 P.M. All persons with the exception of the City Administrator/City Clerk, City Attorney, and Lou Hauger were excluded from Executive Session. Mayor Malburg declared all communications to and from the Executive Session deemed private and confidential. Lou Hauger was excused from Executive Session at 6:40 P.M. Councilman Davis was excused from Executive Session at 6:44 P.M. It was moved by McCormick, seconded by Ybarra, that the Council go out of Executive Session and resume regular session, the time being 6:54 P.M. Motion carried. Councilman Davis resumed his seat on the Council at 6:54 P.M. The City Administrator/City Clerk advised that a claim had been received from Attorney Marvin Warren on behalf of Mr. Fred E. Oberlin for bodily injury and property damage in the amount of $50,000.00 for an accident occurring at 26th Street on January 19, 1983 (auto vs. train) and recommended that said claim be denied and referred to our liability administrator. 828 I I City Council Meeting page 6 April 26, 1983 It was moved by McCormick, seconded by Gonzales, that the claim for damages by Mr. Fred E. Oberlin in the amount of $50,000.00 be denied. Motion carried. The City Administrator/City Clerk advised that a claim had been received from the law firm of Mazo, Crystal & Vidor on behalf of Horia Moroaica for property damage, medical bills, loss of earnings, car rental, etc., an amount thusfar of $7,589.00. The City Clerk also advised that this was yet another claim for the accident which occurred at State Street and Slauson Avenue on January 5, 1983, and recommended that said claim be denied and referred to our liability administrator for necessary action. It was moved by McCormick, seconded by Ybarra, that the claim for damages by Horia Moroaica in the sum of $7,589.00 be denied. Motion carried. The City Attorney presented the proposed Stipulations with Request for Award and 4\ward in regard to the Worker's Compensation Appeals Board case of Robert N. Graham vs. City of Vernon, Case Nos. 82 ANA 118107/108/109 and recommended to the City Council that said Stipulations be approved with a permanent disablility rating of 39.3%. It was moved by McCormick, seconded by Davis that proposed Stipulations with Request for Award and Award in the case of Robert N. Graham vs. City of Vernon, Case Nos. 82 ANA 118107/108/109, with a permanent disability rating 39.3% be approved and the City Attorney be authorized to execute said Stipulations with Request for Award and Award on behalf of the City of Vernon. Motion carried. The City Attorney advised that he had received a settlement offer frIDm the attorneys representing Banmini Truck Terminal Inc., with respect to the City of Vernon's claim for reimbursement of worker's compensation benefits provided to Ivan Elder, a Vernon Police Officer. He indicated that the settlement was for the amount of $8,000 and he recommended that the City Council approve said settlement. It was moved by McCormick, seconded by Ybarra, that the City Attorney be authorized to execute the appropriate release and accept the settlement of said matter for the sum of $8,000. Motion carried. The City Attorney presented a proposed Compromise and Release in regard to the Worker's Compensation Appeals Board case of Kevin C. Lloyd vs. City of Vernon, Case No. 81 LB 116730 and recommended to the City Council that said Compromise and Release be approved for a total lump sum of $3,301.20. It was moved by McCormick, seconded by Ybarra, that the proposed Compromise and Release in the case of Kevin C. Lloyd vs. City of Vernon, Case No. 81 LB 116730, for a total lump sum of $3,301.20, be approved and the City Attorney be authorized to execute said Compromise and Release on behalf of the City of Vernon. Motion carried. The Mayor reported to the Council that he had received a written communication from Roger M. Sullivan of the law offices of Thorpe, Sullivan, Workman & Thorpe who represent the Archdiocese of Los Angeles, with respect to the use of St. Martha's Catholic Church, explaining the Church's proposed use of the property. It was moved by McCormick, seconded by Ybarra, that the above communication be received and filed and that it be hereby determined that the Church's proposed use of the property as explained in said letter would conform to the City Council's intent in establishing the Church as an historical monument in accordance with Resolution No. 4802 and instructs the staff .to continue to work with the Church to secure the appropriate permits to allow the described use. Motion carried. 829 I I City Council Meeting page 7 April 26, 1983 The City Attorney recommended City retain the following consultants electrical matters pending before th~ Commission and other judicial bodies; Romero, and Dr. Wm. R. Belmont. to the City Council that the to assist in the various Federal Energy Regulatory SoutheEnEngineering, Neil It was moved by Ybarra, seconded by McCormick, that the following consultant.s be retained by the City to perform consulting services in connection with electrical department matters: Southern Engineering, Neil Romero, and Dr. Wm. Belmont. Motion carried. (Councilman Davis abstained). There being no further business to come before the Council it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ~ ,I --/~~7f./ , ATTEST: ~~ Bruce V. Malkenhorst City Clerk 830 1/// . ;/~. "'---- Bruce V. Malkenhorst City Clerk I NOTICE OF ADJOURNMENT OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON I HEREBY CERTIFY THAT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON TO BE HELD Tuesday, April 19, 1983, AT 2:00 P.M., IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY CLERK (Quorum Not Present) UNTIL 4:45 P.M., April 26, 1983, IN THE COUNCIL CHAMBERS OF THE CITY HALL. I AFFIDAVIT OF POSTING State of California ) County of Los Angeles) SS City of Vernon ) IJ BRUCE V. MALKENHORSTt City Clerk of the City of Vernon, do hereby certify that I did, on the 19th day of April, 1983 , at 2: 00 P: m., post Order of Adjourn- ment of Meeting of the City Council of the City of Vernon, a copy of which is atta.ched hereto, at a conspicuous place on or near the door of the place at which said meeting of April 19, to be lqR1 , was heldo 6A~~ BRUCE V. LKENHORST,. City C er -' Director of Finance Subscribed and sworn to before me this 10th day of May , 19~. ~ . ~Y h 'J-~ Notaryu iCia:ana~the County Los Angeles, State of California of OFFICIAL SEAL LOIS J HILTON . NOTARY PUBLIC - CALIFORNIA / \ LOS ANGELES COUNTY My ~m~. expires APR 6, 1986 -,. ~ ..~ 4305 Santa Fe Avenue, Vernon, CA 90058