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19850305 Regular City Council Meeting - Minutes MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, HELD MARCH 5, 1985 AT 5 :00 P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. I It was moved by Ybarra, seconded by Gonzales, that the minute.s of the Adjourned Regular City Council Meeting held February 19, 1985, be approved as written and submitted. Motion carried. At this time, the Mayor presented Service Pin Awards to the following employees: James Raabe Larry Weaver 20 Years 15 Years At 5:05 p.m., the Mayor declared a recess. At 5:20 p.m., the council reconvened in regular session all members present before the recess, again being present. At this time, Mayor Malburg declared that the Public Hearing to consider an extension of Ordinance No. 951 - To Prohibit The Use Of Property Whose Principal Purpose Would Be For Wa.rehouse, Truck Terminal And/Or Distribution Facility Uses was open and requested that the City Attorney explain the procedures for the Public Hearing. Kathy st. Cyr, a duly appointed Certified Shorthand Re- porter from Pelletier and Jones, was present and transcribed the proceedings before the City Council. A copy of the transcript will be presented to the City Council for its approval upon receipt from the court reporter. At the conclusion of the Public Hearing, the City Council reconvened in regular session all members present before the Public Hearing, again being present. I Mayor Malburg asked if there was a motion to approve, adopt and ratify the report prepared by Mr. Va.its, dated February 26, 1985 and the supplemental report, dated March 5, 1985. It was moved by McCormick, seconded by Gonzales, that the report, dated February 26, 1985 and the supplemental report, dated March 5, 1985, submitted to the City Council be approved, adopted and ratified. Motion carried. Bruce V. Malkenhorst, City Administrator/City Clerk requested an executive session to discuss the legal issues that were mentioned during the public hearing. At 7:31 p.m., it was moved by Gonzales, seconded by MCCormick, that the City Council go into executive session under Attorney/Client privilege. Motion carried. All persons with the exception of the City Administra- tor/City Clerk, City Attorney and the Director of Community Services were excluded from the executive session. Mayor Malburg declared all communications to and from the executive session deemed private and confidential. 1128 =2= 3-5-85 At 8:11 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. I Mayor Malburg asked if there is a motion to approve and adopt Ordinance No. 953 - An Ordinance Of The City Council Of The City Of Vernon Prohibiting The Use Of Property Within The City Whose Principal Purpose Would Be For Warehouse, Truck Terminal And Distribution Facility Uses And Establishing A Moratorium On The Issuance Of Building Permits For Buildings Or Facilities To Be Constructed And/Or Occupancy Permits Or Any Permit Required By The provision Of The Vernon Code Whose Principal Purpose Would Be Warehouse, Truck Terminal And Distribution Facility Uses, Making Findings With Respect Thereto, Declaring The Urgency Thereof And That It Will Take Inunediate Effect (First Extension) . It was moved by McCormick, seconded by Gonzales, that Ordinance No. 953 be rejected. Motion carried. Ordinance No. 950 - An Ordinance Of The City Council Of The City Of Vernon Ratifying The Establishment Of Separate Funds, was read by title for a second and final reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 950 be deferred until the next meeting of bhe City Council. Motion carried. Police Department Activity Log for the period February 16-28, 1985, was presented. It was moved by Ybarra, seconded by Gonzales, that the Police Department Activity Log for the period February 16-28, 1985 be received and filed. Motion carried. Fire Department Activity Log for the period February 16-28, 1985, was presented. It was moved by McCormick, seconded by Davis, that the Fire Department Activity Log for the period February 16-28, 1985, be received and filed. Motion carried. RESOLUTION NO. 5171 - A Resolution Of The City Council Of The City Of Vernon Conunending James Greenlea For His Many Years Of Service TO The City Of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Res- olution No. 5171 be approved and adopted. AYES: NOES: ABSENT: Gonzales, Ybarra, Malburg, Davis, McCormick None None I Warrant Register No. 664, covering claims and demands presented during the period of February 16-28, 1985, which includes Demand Nos. 3942-4062 (both inclusive), excluding void Demand Nos. 3958, 3959 and 3960 and Light and Power Demands, drawn on the First Interstate Bank, totaling $102,521.32, (accounting period March 1985) was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 664 be approved and payment authorized for Demand Nos. 3942-4062 (both inclusive), excluding void Demand Nos. 3958, 3959 and 3960 and Light and Power Demands, in the amount of $102,521.32, with no other exceptions. Motion carried. Warrant Register No. 664, covering claims and demands presented during the period of February 16-28, 1985, which includes Light & Power Demand Nos. 3947, 3951, 3967, 3974, 3985, 3988, 3993, 4001, 4019, 4022, 4025, 4033, and 4055, drawn on the First Interstate Bank totaling $700,874.01, (accounting period March 1985) was examined and audited. 1129 =3= 3-5-85 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 664, be approved and payment authorized for Light & Power Demand Nos. 3947, 3951, 3967, 3974, 3985, 3988, 3993, 4001, 4019, 4022, 4025, 4033, and 4055, in the amount of $700,874.01, with no exceptions. Councilman Davis is abstaining from voting on the above motion and is dis- qualifying himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Motion carried. RESOLUTION NO. 5170 - A Resolution Of The City Council Of The City Of Vernon Opposing A Unilaterial School Boundary Change Resulting In Forced Busing Of Resident Students Out- side The Boundaries Of The Affected City, was presented. I It was moved by Davis, seconded by Ybarra, that Resolu- tion No. 5170 be approved and adopted. AYES: NOES: ABSENT: Davis, Ybarra, Malburg, Gonzales, McCormick None None Communication from Ms. Joan Milke Flores, President-Pro Tem of Los Angeles City Council, dated February 15, 1985, transmitting a certified copy of an adopted motion by Los Angeles City Council regarding California Highway Patrol Helicopter Monitoring of Los Angeles Area Freeways and encouraging similar action by the Vernon City Council, was presented. It was moved by McCormick, seconded by Gonzales, that the communication from the President-Pro Tem of Los Angeles City Council, dated February 15, 1985, be received and filed. Motion carried. Communication from Victor Vaits, Director of Community Services, dated February 26, 1985, recommending authority and funds to attend the League of California Cities 1985 Public Works Officers Institute in Sacramento, California, March 27-29, 1985, with an expense allowance of $495.00, was presented. It was moved by Ybarra, seconded by Davis, that the recom- mendation of the Director of Community Services be approved and authority be granted to issue a warrant to Victor Vaits in the amount of $495.00 to attend the League of California Cities 1985 Public Works Officers Institute in Sacramento, California, March 27-29, 1985. Motion carried. I Communication from Bruce V. Malkenhorst, City Adminis- trator/City Clerk, dated February 27, 1985, recommending that the Health and Permit Fees be increased effective April 1, 1985, based on the 4.65% increase in the Consumer Price Index for the prior 12 month period (2/1/84-1/31/85), was presented. RESOLUTION NO. 5172 - A Resolution Of The City Council Of The City Of Vernon Establishing Health And Permit Fees Applicable To All Permits Granted By The City Of Vernon Pursuant To Sections 11.25, 13.7 and 13.31 Of The Vernon Code And Repealing Resolution No. 5089, was presented. It was moved by Gonzales, seconded by Ybarra, that Reso- lution No. 5172 be approved and adopted. AYES: NOES: ABSENT: Gonzales, Ybarra, Malburg, Davis, McCormick None None Communication from Bruce V. Malkenhorst, City Adminis- trator/City Clerk, dated February 27, 1985, recommending authority and funds to attend the National Public Employees Labor Relations Association 14th Annual Conference in San Diego, California, March 18-22, 1985, with an expense' allowance of $760.00, was presented. 1130 =4= 3-5-85 It was moved by Gonzales, seconded by McCormick, that the recommendation of the City Administrator/City Clerk be approved and authority be granted to issue a warrant to Bruce V. Malkenhorst in the amount of $760.00, to attend the National Public Employees Labor Relations Association 14th Annual Conference in San Diego, California, March 18-22, 1985. I Communication from Industrial Union of Marine & Ship- building Workers of America, Local No.9, dated February 22, 1985, requesting support of Todd Pacific Shipyards (Los Angeles Division) as the lead yard for the ARLEIGH-BURKE (DDG 51) Class Guided Missile Destroyers and also trans- mitting a copy of a resolution adopted by the California State Legislature which also supports Todd Pacific Ship- years, was presented. It was moved by McCormick, seconded by Ybarra, that the communication from Industrial Union of Marine & Ship- building Workers of America, Local No.9, dated February 22, 1985, be received and filed. Motion carried. Communication from Lewis R. Adams, Emergency Services Coordinator, dated February 26, 1985, recommending authority and funds for the following to attend the Annual Emergency Preparedness Seminar on March 21, 1985 at Industry Hills with a total allowance of $250.00 ($25.00 each) : Lewis R. Adams George F. Bass Carol Childers Frank Claunch Ed Cooney Arnold deBoer William McCormick Lloyd Schultz Larry Spadt Victor Vaits It was moved by Davis, seconded by Ybarra, that the above listed people be given authorization and funds to attend the Annual Emergency Preparedness Seminar on March 21, 1985 at Industry Hills, with a total allowance of $250.00. Motion carried. It was suggested by the Mayor that Dick Hilton be added to the list to represent the Health Department. It was moved by Ybarra, seconded by Davis, that an additional $25.00 be added to the previously approved total for Dick Hilton to attend the Annual Emergency Preparedness Seminar on March 21, 1985 at Industry Hills. Motion carried. I Communication from Lou Hauger, Health Officer, dated February 27, 1985, recommending author,ity and funds for John Reid, Environmental Specialist, to attend the California Environmental Health Association's 34th Annual Educational Symposium in Ventura, California, April 17-18, 1985, with an expense allowance of $326.00, was presented. It was moved by Ybarra, seconded by Davis, that the recommendation of the Health Officer be approved and authority be granted to issue a warrant in the amount of $326.00 to John Reid to attend the California Environmental Health Association's 34th Annual Educational Symposium in Ventura, California, April 17-18, 1985. Motion carried. 1131 =5= 3-5-85 Communication from Bruce V. Malkenhorst, Director of Finance, dated February 26, 1985, transmitting the minutes of the Finance Committee Meeting held February 25, 1985, for approval of recommendations contained therein, was presented. It was moved by McCormick, seconded by Davis, that the minutes of the Finance Committee Meeting held February 25, 1985, be approved as written and recommendations contained therein be adopted. Motion carried. I Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 5, 1985, transmitting the minutes of the Adjourned Re<gular Personnel Committee Meeting held March 4, 1985, for approval of recommendations contained therein, was presented. It was moved by Gonzales, seconded by Ybarra, that the minutes of an Adjourned Regular Personnel Committee Meeting held March 4, 1985, be approved as written and recommendations contained therein be adopted. Motion carried. At 8:35 p.m., it was moved by Ybarra, seconded by Davis, that the City Council go into executive session under Attorney Client privilege. Motion carried. All persons with the exception of the City Administrator/ City Clerk and the City Attorney were excluded from the executive session. Mayor Malburg declared all communications to and from the executive session deemed private and confidential. At 9:04 p.m., Councilman Davis was excused. At 9:10 p.m., Councilman Davis resumed his seat on the Council. At 9:10 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. I The City Attorney advised the City Council that he had recently been notified that Gurdon Wilcox had filed suit against Korean Maintenance on January 22, 1985, for personal injuries he sustained in a slip and fall accident that occurred on March 16, 1984. The City Attorney further indicated that Mr. Wilcox has filed a Workers' Compensation Appeals Board claim in Case No. 84 LA 504606 with respect to said injury on March 16, 1984, and that the City of Vernon was paying workers' comp~nsation benefits on behalf of Mr. Wilcox with respect to said injury. The City Attorney recommended that he be authorized to file a lien in the matter of Gurdon Wilcox v. Korean Maintenance, L.A.S.C. Case No. C 531235 to recover the workers' compensation benefits paid on behalf of Mr. Wilcox with respect to the injury of March 16, 1984. The City Attorney then presented a proposed Compromise and Release in regard to the Workers' Compensation Appeals Board case of Gurdon Wilcox v. City of Vernon, Case Nos. 84 LA 504606 and 84 LA 504607 and recommended to the City Council that said Compromise and Release be approved for a total lump sum of $31,605.00. The City Attorney then advised the Council that in light of the recent medical evidence submitted in the Workers' Compensation Appeals Board cases of Gurdon Wilcox and presented to the Council, that he would recommend that the Council adopt a resolution which would change the service retirement of Mr. wilcox on August 3, 1984 to an industrial disability retirement. 1132 =6= 3-5-85 It was moved by Gonzales, seconded by Davis, that the City Attorney's recommendations be approved and that he be authorized to (1) file a lien in the matter of Gurdon Wilcox v. Korean Maintenance, L.A.S.C. Case No. C 531235; (2) execute the propsed Compromise and Release in the case of Gurdon Wilcox v. City of Vernon, Case Nos. 84 LA 504606 and 84 LA 504607 on behalf of the City of Vernon and (3) submit a resolution for the Council's approval which would change the service retirement of Mr. Wilcox on August 3, 1984 to an industrial disability retirement. Motion carried. I The City Attorney presented proposed stipulations with Request for Award and Award in regard to the Workers' Compensation Appeals Board case of Thomas M. Pavlovsky v. City of Vernon, Case No. WCAB Nos. 83 ANA128692; 83 ANA 128779; 83 ANA 128780 and recommended to the City Council that said Stipulations be approved with a permanent dis- ability rating of 30%. It was moved by Ybarra, seconded by McCormick, that the proposed Stipulations with Request for Award and Award in the case of Thomas M. Pavlovsky v. City of Vernon, Case No. WCAB Nos. 83 ANA128692; 83 ANA 128779; 83 ANA 128780, with a permanent disability rating of 30% 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. Communication from Bruce V. Malkenhorst, City Adminis- trator/City Clerk, dated March 5, 1985, advising that a timely claim had been received from E. Charles Forde, attorney at law, on behalf of Ralph W. Degarimore for a wrongful death claim, and recommending that said claim be denied, was presented. It was moved by Ybarra, seconded by McCormick, that the claim received from E. Charles Forde, on behalf of Ralph W. Degarimore be denied. Motion carried. There being no further business to come before the City Council, it was moved by McCormick, seconded by Ybarra, that the meeting be adjourned. Motion carried. ~~~~-~ LEONIS C. MALBU I ATTEST: ~/4g~r BRUCE V. MALKENHORST, City Administrator/ City Clerk 1133 ~ AFFIDAVIT OF POSTING State of California ) County of Lo.s Angeles ) City of Vernon ) 1, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that I did,on the 5th day of Harch , 1985, pqst Notice of Adjourn- ment of Meeting of the City Council of'uthe City of Vernon, a copy of which is attached hereto, at a conspicuous place on or near the door of the place at which said meeting of March 5, 1985. ,was held. &/7-~-~/77f~ ~ BRUCE V. MALKENHORST, City Clerk Subscribed and sworn to before me this 5th day of March , 19 85 ~ <1,.44 Notary R bHc ;!n and far the County Los Angeles, State of California of . OFFICIAL SEAL LOIS J HILTON NOTARY PUBLIC. C',\lIFORNI/\ LOs My camm, ~.~~---------- 4305 Santa Fe ."'...... I 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 AT MARCH 5, 1985 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 5:00 P.M., . m.RGH 5, 1985 IN THE COUNCIL CHAMBERS OF THE CITY HALL. ;:t/7~~~--4 Bruce V. Malkenhorst City Clerk I I NOTICE OF A PUBLIC HEARING TO CONSIDER A MORATORIUM ON WAREHOUSE AND TRUCK TERMINAL CONSTRUCTION IN THE CITY OF VERNON. The City Council has adopted an emergency ordinance to regulate the construction of warehouse and truck terminal facilities within the City of Vernon. A public hearing to consider the extension of the moratorium for 10~ months, is scheduled for March 5, 1985 at 5:00 p.m. in the City Council Chambers located at 4305 Santa Fe Avenue, Vernon, CA 90058 tf~ Bruce V. Malkenhorst City Admini~trator/City Clerk 27 28 1 AFFIDAVIT OF POSTING 2 STATE OF CALIFORNIA ) ) 3 COUNTY OF LOS ANGELES) SS ) 4 CITY OF VERNON ) 5 6 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that I did, on the 11th day of February . 1985 post three (3) copies of NOTICE OF PUBL C HEARING TO CONSIDER A"lID'RATORIUM ON WAHREHOUSE AND l~UGI<. 'I!ltl'1IHAL CONSTRUCTION IN THE CITY OF VERNON 7 8 9 one in each of the following places, to wit: At: the northwest 10 corner of 38th Street and Santa Fe Avenue, at the northeast cor.. 11 ner of Leonis Boulevard and Pacific Boulevard, and on the bulletin 12 board in the lobby of the City Hall of the City of Vernon, locat.. 13 ed at 4305 Santa. Fe Avenue, all in said City, there being no 14 newspaper of general circulation printed and published in the City 15 of Vernon. tt-. (1' day of -:t4~ . 19~ ;/~ MALKENHORST, City Clerk 16 17 Signed this 6L BRUCE v. 18 19 20 Su~sc1f~and swo~. ..~ before' me C th~s . . . . day of . ~1" 1905: N ~b~ ~"d/~ f otar 1C an ort eCountyo Los Angeles, State of California. 21 22 23 24 25 26 OFFICIAL SEAL LOIS.J HILTON I o NOTARY PUBLIC. CALIFORNIA i , LOS ANGCL:::S COUNTY : ~~~~~ 6, 19a~ 1i00linil F. A~.m.I', ~.rnon. CA ~OQ~lJ ,," ,