Loading...
19860318 Regular City Council Meeting - Minutes 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 March 18, 1986 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 4:30 P.M. March 18, 1986 IN THE COUNCIL CHAMBERS OF THE CITY HALL. ~i!/A Bruce V. Ma1kenhorst City Clerk MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING HELD MARCH 18, 1986 AT 4:30 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA ----------------------------------- MEMBERS PRESENT: Malburg, Ybarra, Davis, McCormick, Gonzales (arriva14:55 pm.) MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. I It was moved by Ybarra, seconded by Davis, that the minutes of the Adjourned Regular City Council Meeting held March 4, 1986, be approved as written and submitted. Motion carried. RESOLUTION NO. 5260- A Resolution of the City Council of the City of Vernon Commending Jack F. Hardy for his Many Years of Service to the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5260 be approved and accepted. Motion carried. Due to Jack Hardy being unable to attend that meeting Fire Chief George Bass accepted the Resolution on his behalf. Police Department Activity Log for the period March 1 thru IS, 1986, was presented. It was moved by Davis, seconded by McCormick, that the police Department Activity Log for the Period March 1 thru 15, 1986, be received and filed. Motion carried. Fire Department Activity Report for the period March 1 thru 15, 1986, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the Period March 1 thru 15, 1986, be received and filed. Motion carried. Health Department Report for the month of February, 1986, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of February, 1986, be received and filed. Motion carried. I RESOLUTION NO. 5255 - A Resolution of the City Council of the City of Vernon Amending Sections 1 & 2 and Appendix No. 1 of Resolution No. 4722 which Adopted Conflict of Interest Code that Incorporated by Reference the Standard Model Conflict of Interest Code of the Fair Political practice Commission, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5255 be approved and adopted. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated February 26, 1986, was presented, advising that Contract No. 469 has been completed. The total contract amount including Change Order No.1 was $81,316.60. A final partial payment of $1,080.00 is now due with the remaining ten percent of $8,131.66 payable thirty-five days after acceptance. It is hereby recommended that the work be accepted and that authority be granted to pay the contractor, J & J Sewer, 4994 "F" Street, Chino, California 91710, in accordance with said contract. It was moved by Ybarra, seconded by Davis, that the communication from Victor H. vaits advising that Contract No. 469 has been completed, be received and filed. Motion carried. 01271 City Council Minutes Page 2 March 18, 1986 RESOLUTION NO. 5261 - A Resolution of the City Council of the City of Vernon Accepting the Work on Fruitland Avenue Sewer (Downey Road to Maywood Avenue) Construction, In Accordance with Contract No. 469 of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5261, be approved and adopted. Motion carried. I Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1986, was presented, recommending that the Health and Permit Fees be increased for the coming year 4.59 % effective April I, 1986. The rate of the increase is based upon the average Consumer Price Index for the 12 month period ending January 31, 1986. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk recommending that the Health and Permit Fees be increased for the coming year, be received and filed. Motion carried. RESOLUTION NO. 5262 - A Resolution of the City Council of the City of Vernon for Health and Permit Fee Applicable to all Permits Granted by the City of Vernon Persuant to Sections 11.25, 13.7 and 13.31 of the Vernon City Code and Repealing Resolution No. 5172, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 5262 be approved and adopted. Motion carried. Communication from Lewis Adams, Emergency Services Coordi- nator, dated March 4, 1986, was presented, requesting authority and funds in the amount of $375 for registration for the following members of the Vernon Emergency Operations Organization to attend the Annual Emergency Preparedness Seminar on Thursday April 24, 1986, at the Carson Community Center: Lewis R. Adams George F. Bass Les Brown Carol Childers Frank Claunch Edward Cooney Arnold deBoer Luis A. Espinoza Robert N. Graham Louis S. Hauger W. Mike McCormick Bruce Olson Louis Rosenkrantz Larry Spadt Victor H. Vaits I It was moved by Ybarra, seconded by Davis, that the communication from Lewis Adams, be approved and authority be granted to issue a warrant in the amount of $375 for registration. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1986, was presented, requesting authority and funds for himself, and Councilmen Tom Ybarra and Larry Gonzales, to attend the California Municipal Treasurers Association's 27th Annual Seminar, April 22 to 25, 1986, in Bakersfield, California with an expense allowance of $681.00 each. It was moved by McCormick, seconded by Davis, that authority be granted for Bruce V. Malkenhorst, Tom Ybarra and Larry Gonzales, to attend the California Municipal Treasurers Association's 27th Annual Seminar, April 22 to 25, 1986, with an expense allowance of $681.00 each. Motion carried. Communication from Louis Hauger, Director of Enviornmental Health, dated March 3, 1986, was presented, requesting authority and funds for Lewis Pozzebon, Environmental Specialist, to attend the Hazardous Material Management Conference & Exposition on April 29 to May I, 1986, in Anaheim, California, with an expense allowance of $216.50. It was moved by Davis, seconded by Ybarra, that authority be granted to issue warrant to Lewis Pozzebon to attend the Hazard- /:2 7;L City Council Minutes Page 3 March 18, 1986 ous Material Management Conference & Exposition on April 29 to May 1, 1986, with an expense allowance of $216.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 11, 1986, was presented, advising that Purchasing Bid No. 1257, for a midsize pickup truck for the Light & Power Department, has been opened and reviewed by the Director of Light & Power with the following results: I Worthington Ford Downey Auto Center Frank Coletto Ford Los Feliz Ford Crenshaw Motors $8,408.32 8,663.78 8,859.78 9,020.50 9,365.56 It is hereby recommended that the Bid No. 1257 be awarded to Worthington Ford in the amount of $8,408.32, and that authority be granted to issue a purchase order for said truck. It was moved by McCormick, seconded by Ybarra, that Bid No. 1257 be awarded to Worthington Ford in the amount of $8,408.32, and the Purchasing Agent be granted authority to issue a purchase order for said truck. Motion carried. Communication from Luis Espinoza, Chief of Police, dated March 7, 1986, was presented, requesting authority and funds for Sergeant William Waxman, and Detective Solomon Benudiz to conduct a Homicide Investigation in Deming, New Mexico, with regards to Case No. 80-7092, on April 16 thru 18, 1986 with an expense allowance of $ 600.88 for Sergeant Waxman, and $276.00 for Detective Benudiz. It was moved by Davis, seconded by Ybarra, that authority be granted to issue warrants to Sergeant Waxman in the amount of $600.88 andDetective Benudizinthe amount of $276.00 to conduct a Homicide Investigation in Deming, New Mexico on April 16 thru 18, 1986. Motion Carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 11, 1986, was presented, transmitting the minutes of the Adjourned Regular Finance Committee Meeting held March 10, 1986, for approval of recommendations contained therein. It was moved by McCormick, seconded by Ybarra, that the minutes of the Adjourned Regular Finance Committee Meeting held March 10, 1986, be approved as written and recommendations contained therein be adopted. Motion carried. I Communication from Abe Berzon, a disabled veteran, dated March 7, 1986, was presented, requesting to be exempt from a peddler's license fee. Mr. Berzon sells stuffed toys and silk flowers for holiday's only, for a total of three months a year. He also advised that a Los Angeles County License was issued free of charge and any consideration we can give him in waiving the peddler'S license fee would be appreciated. It was moved by Davis, seconded by McCormick, that the communication from Abe Berzon, requesting an consideration in waiving the peddler's license fee, be denied. Motion carried. C~mmunication from Bruce V. Malkenhorst, Director of Finance, dated March 12, 1986, was presented, requesting authority and funds for Ed Cooney, to attend the 1986 Legislative Seminar of the California Society of Municipal Finance Officers , April 30 to May 1, 1986 in Sacramento, California with a total expense allowance of $370.00. It was moved by Ybarra, seconded by Davis, that authority be granted to issue a warrant to Edward Cooney in the amount of $370.00 to attend the California Society of Municipal PB City Council Minutes Page 4 March 18, 1986 Finance Officers 1986 Legislative Seminar on April 30 to May 1, 1986, in Sacramento. Motion carried. Communication from the Law Offices of Jose Mariano Castillo, dated March 12, 1986, was presented, on behalf of The Arres Family Corporation dba The San Antonio Rose Restaurant. They are requesting an Entertainment Permit so they may have a Mariachi band performat their location of 4505 DowneyRoad, Thursdays thru Sundays from 12 noon to 10:00 P.M. I It was moved by Gonzales, seconded by Davis, t,hat the communication from the Law Offices of Jose Mariano Castillo, on behalf of The Arres Family Corporation dba The San Antonio Rose Restaurant, be referred to the Finance Committee for further study. Motion carried. Warrant Register No. 689 covering claims and demands presented during the period of March 1 thru 15, 1986, which includes Demand Nos. 7844 thru 8040 (both inclusive) excluding Void Demand Nos 7878, 7879, 7880 and 7907, and excluding Light and Power Demands, drawn on the First Interstate Bank totaling $382,090.22 (accounting period March 1986), was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 689 be approved and payment authorized for Demand Nos. 7784 thru 8040 (both inclusive) excluding Void Demand Nos 787, 7879, 7880 and 7907, and excluding Light & Power Demands, in the amount of $382,090.22, with no other exceptions. Warrant Register No. 689 covering claims and demands presented during the period of March 1 thru 15, 1986, which includes Light & Power Demand Nos. 7844, 7855, 7865, 7869, 7874 thru 7876 (both inclusive) 7898, 7900, 7919, 7921, 7928, 7929, 7930, 7941, 7947, 7970, 7975, 7990, 7998, 8003, 8010, 8016, 8021, 8029 and 8038, drawn on the First Interstate Bank totaling $3,550,918.55 (accounting period March 1986), was examined and audited. I It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 689, be approved and payment authorized for Light & Power Demand Nos. 7844, 7855, 7865, 7869, 7874 thru 7876 (both inclusive) 7898, 7900, 7919, 7921, 7928, 7929, 7930, 7941, 7947, 7970, 7975, 7990, 7998, 8003, 8010, 8016, 8021, 8029 and 8038, in the amount of $3,550,918.55, with no other exceptions. Motion carried. Councilman Davis is abstaining from voting on the above motion and is disqualifying himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 17, 1986, was presented, recommending that the following personnel actions be approved as indicated: I. HIRE: Daniel Estrada as a temporary employee assigned to the Community Services Department with an hourly wage of $5 effective March 10, 1986. It was moved by Ybarrra, seconded by Davis, that Daniel Estrada be hired as a temporary employee with an hourly wage of $5 effective March 10, 1986. Richard Melvin as a temporary employee assigned to the Community Services Department with an hourly wage of $5 effective March 10, 1986. 01214 City Council Minutes Page 5 March 18, 1986 It was moved by Davis, seconded by McCormick, that Richard Melvin be hired as a temporary employee with an hourly wage of $5 effective March 10, 1986. Mario Mendoza, a temporary employee assigned to the Community Services Department, be hired as regular full time employee assigned to the Community Services Department and classified as Utilityman V, Step 7, with a monthly salary of $1279 effective March 16, 1986. I It was moved by Gonzales, seconded by Ybarra, that Mario Mendoza be hired as regular full time employee assigned to the Community Services Department and classified as Utilityman V, Step 7, with a monthly salary of $1279 effective March 16, 1986. Motion carried. Jeff Wightman, a temporary employee assigned to the Community Services Department, be hired as regular full time employee assigned to the Community Services Department and classified as Utilityman V, Step 7, with a monthly salary of $1279 effective March 16, 1986. It was moved by Ybarra, seconded by McCormick, that Jeff Wightman be hired as regular full time employee assigned to the Community Services Department and classified as Utilityman V, Step 7, with a monthly salary of $1279 effective March 16, 1986. Motion carried. Daniel Romero, a temporary employee assigned to the Community Services Department, be hired as regular full time employee assigned to the Community Services Department and classified as Utilityman V, Step 7, with a monthly salary of $1279 effective March 16, 1986. It was moved by Davis, seconded by Gonzales, that Daniel Romero be hired as regular full time employee assigned to the Communtiy Services Department and classified as Utilityman V, Step 7, with a monthly salary of $1279 effective March 16, 1986. Motion carried. Eduardo Rodriguez, a temporary employee assigned to the Community Services Department, be hired as regular full time employee assigned to the Community Services Department, and classified as Utilityman V, Step 7, with a monthly salary of $1279 effective March 16, 1986. I It was moved by Davis, seconded by Ybarra, that Eduardo Rodriguez be hired as regular full time employee assigned to the Communty Services Department and classified as Utilityman V, Step 7, with a monthly salary of $1279 effective March 16, 1986. Motion carried. Robert Martinez, a temporary employee assigned to the Community Services Department, be hired as regular full time employee assigned to the Community Services Department, and classified as Utilityman V, Step 7, with a monthly salary of $1279 effective March 16, 1986. It was moved by Gonzales, seconded by Ybarra, that Robert Martinez be hired as regular full time employee assigned to the Community Services Department and classified as Utilityman V, Step 7, with a monthly salary of $1279 effective March 16, 1986. Motion carried. II. TERMINATE: Sergio Valenzu~la an Operator/Dispatcher assigned to the Water & Power Department effective February 26, 1986. It was moved by Ybarra, seconded by Davis, that Sergio Valenzuela an Operator/Dispatcher, be terminated effective February 26, 1986. Motion carried. 01276 City Council Minutes Page 6 March 18, 1986 III. MERIT STEP INCREASES AND ADVANCEMENTS: Police Cadet William Johnson be advanced to Police Officer I, Step 3, with a monthly salary of $1853 effective March 11, 1986, based upon his graduation from the Police Academy and in accordance with Section 2.5 of the Memorandum of Understanding dated September 4, 1984. I It was moved by McCormick, seconded by Gonzales, that Police Cadet William Johnson be advanced to Police Officer I, Step 3, with a monthly salary of $1853 effective March 11, 1986. Motion carried. Lieutenant Bruce Olson be granted a merit step increase to Step 1, with a new monthly salary of $3759 (which includes the 5% incentive pay for his possession of an Advanced POST Certificate) effective April 3, 1986 based on his satisfactory job performance during the past year. It was moved by Davis, seconded by Ybarra, that Lieutenant Bruce Olson be granted a merit step increase to Step 1, with a new monthly salary of $3759 (which includes the 5% incentive pay for his possession of an Advanced POST Certificate) effective April 3, 1986. Motion carried. Fire Engineer William Manolovits be granted a merit step increase to Engineer, Step 2, with a monthly salary of $2615 effective April 13, 1986 based on his satisfactory job performance during the past year. It was moved by Ybarra, seconded by Gonzales, that Fire Engineer William Manolovits be granted a merit step increase to Fire Engineer, Step 2, with a monthly salary of $2615 effective April 13, 1986. Motion carried. Fire Captain JR Winfrey be granted a merit step increase to Captain, Step 2, with a monthly salary of $3116 effective April 13, 1986, based on his satisfactory job performance during the past year. It was moved by McCormick, seconded by Davis, that Fire Captain JR Winfrey be granted a merit step increase to Captain, Step 2, with a monthly salary of $3116 effective April 13, 1986. Motion carried. I Rebecca Mahan, Communications Operator, be advanced to Communications Operator (Dispatcher) Step 5, with a new monthly salary of $1413 effective April 13, 1986 based on her satisfactory job performance during the past six months and her successful completion of her probationary period. It was moved by Davis, seconded by McCormick, that Rebecca Mahan be advanced to Communication Operator (Dispatcher) Step 5, with a monthly salary of $1413 effective April 13, 1986. Motion carried. Donald Quiroz, a Diesel Operator V in the Water & Power Department be advanced to Diesel Operator V, Step 5, with a new monthly salary of $1396 effective March 30, 1986 based on his meritorious job performance and increased job responsibilities. It was moved by Ybarra, seconded by Gonzales, that Donald Quiroz be advanced to Diesel Operator V, Step 5, with a monthly salary of $1396 effective March 30, 1986. Motion carried. Richard Recano a Diesel Operator V in the Water & Power Department be advanced to Diesel Operator V, Step 4, with a new monthly salary of $1472 effective March 30, 1986 based upon his meritorious job performance and increased job responsibilities. 01276 City Council Minutes Page 7 March 18, 1986 It was moved by McCormick, seconded by Ybarra, that Richard Recano be advanced to Diesel Operator V, Step 4, with a monthly salary of $1472 effective March 30, 1986. Motion carried. Daniel Rodriguez a Diesel Operator V in the Water & Power Department be granted a merit step increase to Diesel Operator V, Step 4, with a new monthly salary of $1472 effective April 27, 1986, based upon his satisfactory job performance during the past year. I It was moved by Ybarra, seconded by Gonzales, that Daniel Rodriguez be granted a merit step increase to Diesel Operator V, Step 4, with a monthly salary of $1472 effective April 27, 1986. Motion carried. Richard Solis a Diesel Operator V in the Water & Power Department be advanced to Diesel Operator V, Step 5, with a new monthly salary of $1396 effective April 27, 1986 based on his meritorious job performance and increased job responsi- bilites. It was moved by McCormick, seconded by Davis, that Richard Solis be advanced to Diesel Operator V, Step 5, with a monthly salary of $1396 effective April 27, 1986. Motion carried. IV. TRANSFERS: Louie Saenz be transferred to the iater & Power Department from the Community Services D partment effective March 12, 1986. This will be a lateral ransfer with no change in salary. I I It was moved by Davis, seconded by Ybarr,' that Louie Saenz be transferred to the Water & Power Departmen effective March 12, 1986, this will be a lateral transfer with no change in salary. Motion carried. I V. REIMBURSEMENTS: I I Art Morales be reimbursed $60 from the Education & Training Appropriation Account for his s tisfactory completion of a Course II in Water Quali y & Treatment I It was moved by Ybarra, seconded by Davi , that Art Morales be reimbursed $60.00 from the Education & Tra"ning Appropriation Account. Motion carried. Fire Captain JR Winfrey be reimbur1ed $96.39 from the Education & Training Appropriation Accou t for his satis- factory completion of college courses re ated to his position with the City. It was moved by McCormick, seconded by G~nZales, that JR Winfrey be reimbursed $96.39 from the Educatiqn & Training Appro- priation Account. Motion carried. I IV. REASSIGNMENT: I I Operator/Dispatcher Roy Ness be re urned to the position of utilityman V, Step 5, with a new monthly salary of $1423 (a reduction in salary) effecti e March 30, 1986. It was moved by Ybarra, seconded by Davi , that Roy Ness be returned to the position of Utilityman V, Ste 5, with a new monthly salary of $1423 effective March 30, 1986. Mo ion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 17, 1986, was presented, advising that e are in receipt of a claim from Ralph C. Larsen, Attorney at Law, on behalf of Gilberto Gonzales for an accident occurring 0 February 18, 1986 at approximately 9:30 P.M. It is hereby recomme ded that this claim be referred to our liability administrators f r furthOJl2ellew. I I I I I I I I It was moved by Ybarra, seconded by Davi~' that the claim from Ralph C. Larsen, Attorney at Law, on behalf 0 Gilberto Gonzales be referred to our liability administrators for urther review. Motion carried. i I Communication from Bruce V. Malkenhorst, City Clerk, dated March 17, 1986, was presented, advising that ~e are in receipt of a claim from Ralph C. Larsen, Attorney at Law, en behalf of Maria E. Gonzales for an accident occurring on Februar' 18, 1986 at approxi- mately 9:30 P.M. It is hereby recommended thct this claim be referred to our liability administrators for urther review. March 18, 1986 City Council Minutes Page 8 It was moved by Gonzales, seconded by Ylarra, that the claim received from Ralph C. Larsen, Attorney at La~, on behalf of Maria E. Gonzales be referred to our liability Admiristrators for further review. Motion carried. I I Communication from Bruce V. Malkenhorst, ICity Clerk, dated March 17, 1986, was presented, advising that ~e are in receipt of a claim from the Law Offices of Barry Jon Grw~an on behalf of Roberto Rivas for an accident occurring on Felruary 18, 1986 involving police officer Michael Kuplast. It is hereby recom- mended that this claim be referred to our lialility adminis- trators for their review. I It was moved by Davis, seconded by MCCO~iCk' that the claim received from the Law Offices of Barry Jon Gr mman on behalf of Roberto Rivas be referred to our liability a inistrators for further review. Motion carried. Communciation from Bruce V. Malkenhorst, City Clerk, dated March 17, 1986, was presented, advising that ie are in receipt of a claim from the Law Offices of Barry Jon Grwwan on behalf of Guadalupe Perez for an accident occurring on ebruary 18, 1986 involving police officer Michael Kuplast. It is hereby recom- mended that this claim be referred to our lia ility administrators for their review. I It was moved by Ybarra, seconded by GonZfles, that the claim recieved from the Law Offices of Barry Jon Gr mman on behalf of Guadalupe Perez be referred to our liability dministrators for further review. Motion carried. Communication from Bruce V. Malkenhorst,tCity Clerk, dated March 17, 1986, was presented, recommending t at Officer Anthony Brill be issued one day's suspension due to bing found chargeable for his on duty accident occurring February l~ 1986. I It was moved by Davis, seconded by Ybarr , that Officer Anthony Brill be issued one day's suspension. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 18, 1986, was presented, advising that he Director of Community Services has reviewed the matter of establishing condi- tional use permit procedures for freighting 0 trucking terminals, hazardous waste treatment facilities and tras to energy facilities. The City Clerk hereby recommends that the Cit' Attorney be autho- rized to prepare an ordinance pertaining to t e establishment of conditional use permit procedures for freight'ng and/or trucking terminals, hazardous treatment facilities and trash to energy facilities. I It was moved by Ybarra, seconded by Gonz communication from the City Clerk regarding t lishing conditional use permit procedures for trucking terminals, hazardous waste treatment to energy facilities, be received and filed. les, that the e matter of estab- freighting or facilities and trash Motion carried. ! ORDINANCE NO. 959 - An Ordinance of the 'ity Council of the City of Vernon Amending Section 13 of the App~ndix IV of Said Code and Adding Subsections (c), (d), and (e) to S~ction l8A.2 of Chapter l8A of Said Code to Provide for the E,tablishment of Conditional Use Permit Procedures for Freight'ng or Truck Terminals, /27R City Council Minutes Page 9 March 18, 1986 Hazardous Waste Treatment Facilities, and Trash to Energy Facilities and Repealing any Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a first reading. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 959 receive and pass first reading. Motion carried. AYES: NOES: ABSENT: Malburg, Ybarra, Davis, Gonzales, McCormick None None I At this time the Mayor declared a short recess, the time being 5:35 pm. The Council reconvened to regular session, all members present before the recess again being present, the time being 5:45 PM. At this time the Mayor advised that the Hearing in the matter of the Application for a PERS Disability Retirement for Ronald L. Cummings was opened, the time being 5:45 PM. A court reporter was present to transcribe the proceedings which occurred. It was moved by McCormick, seconded by Ybarra, that the Hearing in the matterofthe Application for a PERS Dis- ability Retirement for Ronald L. Cummings ajourn to April 10, 1986 at 5:30 pm. Motion carried. At this time, 9:12 pm, it was moved by Ybarra, seconded by McCormick, that the Council recess to closed session to consider personnel matters pursuant to Government Code Section 54957. Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. The Mayor deemed all communications to and from Closed Session as privileged and confidential. It was moved by Gonzales, seconded by McCormick, that the City Council go out of Closed Session and resume regular session, the time being 9:17 pm. Motion carried. I The City Clerk advised that Officer Kendall Seymour failed to report for duty in response to a letter sent to him on March 10, wherein he was advised that his letter of resignation dated March 6, 1986, was in violation of the terms and conditions of his employment agreement with the City of Vernon, executed on November 21, 1984. The City Clerk recommended that Officer Seymour's resignation be rejected. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk regarding Officer Seymour be received and filed and that Officer Seymour's resignation be rejected. Motion carried. At this time,9:18 pm, it was moved by McCormick, seconded by Ybarra, that the City Council recess to Closed Session pur- suant to Government Code Sections 54956.9(b)(1) and Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation. Motion carried. The Mayor deemed all communications to and from Closed Session privileged and confidential. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. Councilman Davis was excused at 9:23 pm. Councilman Davis resumed his seat on the Council at 9:31 pm. 01219 City Council Minutes page 10 March 18, 1986 It was moved by Gonzales, seconded by McCormick, that the Council go out of Closed Session and resume regular session. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 17, 1986, was presented advising of a timely claim from Mercury Insurance Company on behalf of their insured Lupe B. Milan for an accident occurring at State and Randolph Streets in Huntington Park. The City Clerk also advised that the claim has been reviewed by our liability administrators and recommends that said claim be denied. I It was moved by Ybarra, seconded by McCormick, that the claim of Mercury Insurance Company on behalf of Lupe B. Milan be denied. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated March 17, 1986, was presented advising of a timely claim from the Law Offices of R. Samuel Paz on behalf of their client Lupe B. Milan for an accident occurring at State and Randolph Streets in Huntington Park. The claim has been reviewed by our liability administrator and it is hereby recommended that said claim be denied. It was moved by Davis, seconded by Ybarra, that the claim from the Law Offices of R Samuel Paz on behalf of their client Lupe B. Milan be denied. Motion carried. Communication from David B. Brearley, City Attorney, dated March 18, 1986, was presented, regarding reimbursement of workers' compensation benefits with regard to an Application of Lien in the matter of Gurdon Wilcox v. Korean Maintenance, et al. Benefits were paid on behalf of Gurdon Wilcox due to a slip and fall accident which occurred on March 16, 1986. It was moved by Gonzales, seconded by Ybarra, that the City accept in settlement of said lien the sum of $1250. Motion carried. There being no further business to come before the Council it was moved by McCormick, seconded by Ybarra, that the meeting adjourn, the time being 9:42 pm. Motion carried. ~~ eonis C. Malb ATTEST: I /S~ ;/d4J~ Bruce V. Malkenhorst City Clerk 01280