19880301 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD TUESDAY, MARCH I,
1988, AT 5:00 P.M. IN THE COUNCIL CHAMBERS
OF THE CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick, Davis
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Gonzales, seconded by Ybarra, that the
minutes of the City Council meeting held February 16, 1988 be
approved as submitted and adopted. Motion carried.
At this time the City Clerk advised that the Chief of
Police wished to present recently hired police officers to the
Council.
The Chief of Police introduced the following officers to
the Council and administrative staff:
Rex Hill
Alfonso Amador
Radames Gil
Rudy Santana
At this time the Mayor declared a short recess for pic-
tures, the time being 5:14 p.m.
Council reconvened in regular session, the time being
5:16 p.m., all member present before the recess again being
present.
At this time the Mayor awarded service pins to the
following persons:
Luis Espinoza, Chief of Police 30 Years
Fire Chief Larry Spadt accepted the 20 year service
pin on behalf of Fire Captain Gary Wiskus who was unable to
attend the meeting.
At this time the Mayor declared a short recess for pic-
tures the time being 5:20 p.m.
Council reconvened in regular session, the time being
5:25 p.m., all members present before the recess again being
present.
Police Department Activity Log for the period February 16
thru 29, 1988. was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period February 16 thru 29,
1988, be received and filed. Motion carried.
Fire Department Activity Report for the period February
16 thru 29, 1988, was presented,
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period February 16 thru
29, 1988, be received and filed.
At this time the Mayor asked if anyone wished to address
the Council on any matters listed on today's agenda.
At this time Ned Rockwell, representing Uintah Freightways
addressed the Council regarding the matter of their conditional
use permit application. He stated it is his understanding that
the permit may be held up due to the owner of the property being
City Council Minutes
page 2
March 1, 1988
in violation of the conditions of their Conditional Use Permit
which was previously granted. Mr. Rockwell asked that the Council
delay their decision on the application until it is determined
what DeWitt Mail Services intends to do.
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A representative of Consolidated Garments addressed the
Council regarding their application for a conditional use permit
and stated they had the same feelings as Mr. Rockwell. Consol-
idated will be on the same property (4366 26th Street) as DeWitt
and are tenants of theirs. They are asking that the decision on
their application for a Conditional Use Permit be delayed until it
is known what DeWitt intends to do.
At this time Victor Vaits, Director of Community Services,
asked if it would be feasible to consolidate the public hearings
on Uintah Freightways and Consolidated Garments (4366 26th
Street), as they are basically for the same thing.
The City Attorney advised that taking into consideration
the reason for the applications for conditional use permits from
both Uintah Freightways and Consolidated Garments it would be
possible to consolidate both public hearings.
It was moved by McCormick, seconded by Davis, that the
public hearings to consider the applications for a conditional use
permit from Uintah Freightways and Consolidated Garments be
consolidated and held as one public hearing. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
Public Hearings in the matter of considering the applications
for a conditional use permit from Uintah Freightways for a truck
terminal at an existing facility at 4366 26th Street and from
Consolidated Garments for the same purpose at the same location,
be opened, the time being 5:27 p.m.
Communication from Victor H. Vaits, Director of Community
Services, dated February 18, 1988, was presented, regarding the
conditional use permit application from Uintah Freightways, Inc.,
for the operation of a truck terminal at 4366 26th Street. It is
still the recommendation of the Director of Community Services to
deny the conditional use permit.
Communication from Victor Vaits, Director of Community
Services, dated January 20, 1988, was presented, advising that
Uintah Freightways has applied for a conditional use permit to
operate a truck terminal at 4366 26th Street, and transmitting for
consideration the following supporting documents:
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1. request for a conditional use permit and infor-
mation supporting the permit application;
2. Notice of a public hearing, copies of notifica-
tion letters to owners and tenants in the area, and
affidavits of posting and mailing;
3. Environmental Information Form;
4. Engineers Report.
Uintah Freightways, Inc., was found to be found categorically
exempt from the California Environmental Quality Act process,
since they are using an existing truck terminal and not expanding
the facility. Mr. Vaits advises that in his opinion the proposed
operation will pose no adverse effects to the City and will not
have a significant effect on the environment; and no mitigating
measures are required. However, it is recommended that the
conditional use permit be DENIED on the basis of the owner of the
property (Dewitt Mail Services) not complying with conditions
City Council Minutes
page 3
March 1, 1988
placed on the initial conditional use permit obtained by them. It
is recommended that no further conditional use permits be granted
for said property until the conditions of the first permit are
met.
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Communication from Victor Vaits, Director of Community
Services, dated February 18, 1988, advising that Consolidated
Garments, Inc. has applied for a conditional use permit to operate
a truck terminal at 4366 26th Street and transmitting the
following supporting documents:
1. request for a conditional use permit and information
supporting the permit application;
2. notice of a public hearing, copies of notification
letters to owners and tenants in the area and affidavits
of posting and mailing;
3. environmental information form;
4. engineering report.
The Director of Community Services advises that the proposed oper-
ation will pose no adverse effects to the City and will not have a
significant effect on the environment and no mitigating measures
are required, however, it is hereby recommended to Council to
deny the conditional use permit. The owner of the property,
DeWitt Mail Services, was granted a conditional use permit in
September 1986 and is not abiding by conditions set by the permit.
The Director of Community Services advised that the pro-
perty owner at this location (DeWitt Mail Services) is in the pro-
cess of furnishing the city with an irrevocable letter of credit
which would assist in getting the conditions of their original
conditional use permit completed. It is for this reason that the
conditional use permit applications from both Uintah Freightways
and Consolidated Garments is being delayed. The Director of Com-
munity Services recommends that the conditional use permit not be
revoked at this time contingent upon the necessary documents from
Dewitt Mail Services being received. The Director recommends
that the decision on this matter be deferred to the next City
Council meeting.
At this time it was moved by Ybarra seconded by Gonzales
that the public hearings in the matter of considering the appli-
cations for a conditional use permit from Uintah Freightways
and Consolidated Garments be closed, the time being 5:35 p.m.
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It was moved by McCormick, seconded by Davis, that the
communications from Victor Vaits, Director Vaits, regarding the
applications for a conditional use permit from Uintah Freightways
and Consolidated Garments be received and filed and the matter be
deferred to the next City Council meeting to be held March 15,
1988. Motion carried.
It was moved by McCormick, seconded by Ybarra, to open the
Public Hearing to consider the termination of a Conditional Use
Permit granted to DeWitt Mail Services for a truck terminal lo-
cated at 4366 26th Street.
It was moved by McCormick,seconded by Davis, that based
on the information previously provided by Victor Vaits during the
public hearing for Consolidated Garments and Uintah Freightways,
that this hearing to terminate DeWitt Mail Services' conditional
use permit be continued to the March 15, 1988 City Council
meeting. Motion carried.
City Council Minutes
page 4
March 1, 1988
Continuation of the Public Hearing in the matter of the
application of the construction and operation of a 120 KW
Engine/Generator to be located at 6062 Alcoa Avenue (continued
from February 16, 1988 Regular City Council Meeting).
It was moved by Gonzales, seconded by Ybarra, that Public
Hearing in the matter of the application of the construction and
operation of a 120 KW Engine/Generator to be located at 6062 Alcoa
Avenue deferred to the next City Council Meeting to be held on
March 15, 1988. Motion carried.
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It was moved by Ybarra, seconded by Davis, to open the
Public Hearing to consider the request to the California Director
of Planning & Research for an extension of the deadline for the
adoption of the revised General Plan consisting of all elements
required by State Law for the City of Vernon, the time being 5:40
p.m. Motion carried.
Communication from Victor Vaits, Director of Community
Services, dated February 23, 1988, was presented, referencing his
letter of February 8, (transmitted below), and advising that an
additional Notice of Public Hearing to consider a Request for
Extension of Deadline for General Plan Adoption for the City was
posted on the 17th day of February 1988. Mr. Vaits is hereby
resubmitting pro-posed Resolution No. 5469 requesting such an
extension and recommending the Council to approve said
resolution.
Communication from Victor Vaits, Director of Community
Services, dated February 8, 1988, (deferred from February 16,
Council meeting) advising that Section 65361 of the California
Government Code authorizes the Office of Planning and Research
(OPR) to grant local jurisdictions up to a one year extension of
time in order to complete and adopt mandatory elements of a gen-
eral plan. The intent of such an extension allows a jurisdiction
to continue to process all project applications for subdivision,
re-zoning, use permits and variances where land uses are consis-
tent with an Interim Land Use Policy, was presented.
The Director of Community Services also advises that the existing
1974 General Plan and Zoning Ordinance serve as the Interim Dis-
cretionary Land Use Policy for Vernon. These documents are used
by staff in evaluating a project's land use consistency in accor-
dance with the goals of the City. Projects that are found incon-
sistent with these policies could not be approved by the City
during the granted extension period.
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The Director of Community Services hereby recommends to the City
Council to adopt a Resolution requesting the California State
Office of Planning & Research to grant the City a six month
General Plan extension and endorsing the existing General Plan and
Zoning Ordinance as an Interim Discretionary Land Use Policy for
the City.
It was moved by Ybarra, seconded by Davis, to close the
public hearing in the matter of the request to the California
Director of Planning & Research for an extension of the deadline
for the adoption of the revised General Plan, the time being 5:50
p.m. Motion carried.
It was moved by Ybarra, seconded by McCormick, that the
communications received from Victor Vaits, during the public
hearing on the revised General Plan be received and filed. Motion
carried.
RESOLUTION NO. 5469 - A Resolution of the City Council
of the City of Vernon Requesting Extension of Time to update the
City of Vernon 1974 General Plan (deferred from February 16, 1988
City Council Meeting), was presented.
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City Council Minutes
page 5
March 1, 1988
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 5469 be approved and adopted. Motion carried.
At this time the City Clerk read the results (listed
below) of the Bids which were opened this date at 2:00 p.m. in
accordance with Contract No. 491, 12 Water Main in Bandini Blvd.,
(Between Downey Road and Indiana Street.
Albert C. Acosta Construction
Doty Bros.
Vido Samarzich, Inc.
R & L Sewe~s, Inc.
Simich Construction Co.
Macco Construction, Inc.
John T. Malloy
$ 91,447.50
104,525.00
73,000.00
72,850.00
63,525.00
84,300.00
78,500.00
It was moved by McCormick, seconded by Gonzales, that the
bids for contract #491 be referred to the Water Department for
review and evaluation. Motion carried.
At this time the City Clerk read the results (listed
below) of the Bids which were opened this date at 2:00 p.m., in
accordance with Contract # 490, Traffic Pavement Striping 1988:
Safety Striping Services, Inc.
$23,797.14
It was moved by Ybarra, seconded by Davis, that the bids
for Contract #490 be referred to the Community Services Department
for review and evaluation. Motion carried.
At this time the City Clerk read the results (listed
below) of the bids which were opened this date at 2:00 p.m. in
accordance with Contract No. 486, Traffic Signal Installation,
(Santa Fe Avenue & 28th Street):
Steiny & Co.
Metro Electric
Eli Many
Signal Maintenance, Inc.
$58,484.00
67,341.00
70,000.00
59,410.00
It was moved by Gonzales, seconded by Ybarra, that the
bids for Contract No. 486 be referred to the Community Services
Department for review and evaluation. Motion carried.
Warrant Register No. 736 covering claims and demands
presented during the period of February 16, thru 29, 1988, which
includes Demand Nos. 16436 thru 16573 (inclusive) excluding Void
Demand Nos., as listed below, excluding Light & Power Demands
drawn on the First Interstate Bank totaling $159,606.34
(accounting period March 1988) was examined and audited:
16458
16459
16460
16461
16462
16463
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 736 be approved and payment authorized for Demand
Nos. 16436 thru 16573 (inclusive) excluding Demand Nos.,
totaling $159,606.34. Motion carried.
Warrant Register No. 736 covering claims and demands
presented during the period of February 16 thru 29, 1988, which
includes Light & Power Demand Nos., as listed below, drawn on the
First Interstate Bank totaling $438,630.90 (accounting period
March 1988) was examined and audited:
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City Council Minutes
page 6
16436 16482 16632
16438 16489 16533
16442 16507 16537
16444 16510 16539
16451 16522 16554
16453 16527 16555
March I, 1988
16565
16573
16506**
16529**
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 736 be approved and payment authorized for
the Demand Nos. listed above totaling $438,630.90. Councilman
Davis abstained from voting on the above motion and disqualified
himself because its reasonably foreseeable that the decision will
have a material financial effect on his source of income.
Communication from Norm Michiels, Director of Environ-
mental Health, dated February 10, 1988, requesting authority and
funds for Dan Downing to attend the Seminar for Basic Acoustics
and the Measurement of Sound in Orange on March I, 1988, with an
expense allowance of $84, was presented.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to Dan Downing in the amount of $84
for his attendance to the Seminar on Basic Acoustics and the
Measurement of Sound. Motion carried.
Communication from Lewis Adams, Director of Water &
Power, dated February 22, 1988, was presented, advising that
Contract No. 475, (8" Water Main in Alley) has been completed with
the total contract price being $114,575.00 and a final partial
payment of $8,800 now due and payable. The remaining ten percent of
$11,457.50 is payable 35 days after acceptance and it is hereby
recommended that the work be accepted and authority be granted to
pay the contractor Macco Constructors, Inc., P.O. Box 257,
Paramount, California 90723, in accordance with said contract.
It was moved by Davis, seconded by McCormiCk, that the
communication from the Director of Water & Power be received and
filed and said recommendation be approved. Motion carried.
RESOLUTION NO. 5486 - A Resolution of the City Council of
the City of Vernon Accepting the Work of Macco Constructors in
Accordance with Contract No. 475 of the City of Vernon, was
presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 5486 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
requesting authority and funds for Gloria Orosco, Chief Deputy
City Clerk, to attend the City Clerk's Association Annual Seminar
at Lake ArrOWhead, April 27 thru 30, 1988, with an expense
allowance of $785.10, was presented.
It was moved by Ybarra, seconded by Davis, that authority
be grated to issue warrant to Gloria Orosco for her attendance to
the City Clerk's Association Annual Seminar. Motion carried.
Communication from Victor Vaits, Director of Community
Services, dated February 9, 1988, requesting authority and funds
for Patricia Salerno, Secretary, to attend Computer Training
Seminar for "Wordstar 2000" in Los Angeles, April 7 & 14, with an
expense allowance of $453, was presented.
It was moved by McCormiCk, second by Gonzales, that
authority be granted to issue warrant to Patricia Salerno in the
amount of $453 for her attendance to the Computer Training
Seminar. Motion carried.
City Council Minutes
page 7
March 1, 1988
RESOLUTION NO. 5478 - A Resolution of the City Council
of the City of Vernon Amending Appendix Nos. 1 and 2 of
Resolution No. 4733, as Amended by Resolution No. 5255, Which
Adopted Conflict of Interest Codes that Incorporated by
Reference the Standard Model Conflict of Interest Code of the
Fair Political Practices Commission (deferred from February 16,
1988 City Council Meeting).
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It was moved by McCormick seconded by Davis, that
Resolution No 5478 be deferred to the next City Council Meeting.
Motion carried.
RESOLUTION NO. 5479 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
1989-90 Power Sale Agreement by and Between the Department of
Water Resources of the State of California of and the City of
Vernon, (deferred from the February 16, 1988 City Council
Meeting), was presented.
It was moved by Davis, seconded by Ybarra, that Resolution
No. 5479 be deferred to the next City Council Meeting. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated February 11, 1988, recommending approval of
additional funds in the amount of $29,265.20 for the new aerial
ladder truck for the Fire Department which is for changes needed
before final completion. There will also be additional costs
for the installation of the city seal and radios; however, they
are not known at this time (deferred from February 16, 1988 City
Council Meeting), was presented.
It was moved by Ybarra, seconded by Davis, that approval
be granted for additional funds in the amount of$29,265.20 for the
new aerial ladder truck for the Fire Department. Motion carried.
Communication from Lewis R. Adams, Director of Water &
Power, dated February 23, 1988, transmitting a copy of a proposed
new Joint Pole Agreement to be effective January 1, 1988. This
Agreement has been reviewed by the Water & Power Department and it
is hereby recommended that said agreement be approved and the
Mayor and City Clerk be authorized to execute same, was presented.
It was moved kby Davis, seconded by Ybarra, that the
communication from the Director of Water & Power on the Joint Pole
Agreement be deferred to the next City Council Meeting. Motion
carried.
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RESOLUTION NO. 5488 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Southern California Joint Pole Agreement Providing for the Joint
Ownership and Occupancy of Poles in the State of California and
Elsewhere, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5488 be deferred to the next City Council Meeting.
Motion carried.
Communication from Victor Vaits, Director of Community
Services, dated February 25, transmitting for consideration Con-
tract No. 489 (Bonnie Beach, Indiana, 37th, Alcoa, Maywood &
Exchange Avenue Improvements) recommending said contract be
approved, was presented.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from Victor Vaits on Contract No. 489
be received and filed and said recommendation be approved. Motion
carried.
City Council Minutes
page 8
March I, 1988
RESOLUTION NO. 5487 - A Resolution of the City Council of
the City of Vernon Approving Contract No. 489 and Authorizing
Notice Inviting Sealed Proposals or Bids for Bonnie Beach,
Indiana, 37th, Alcoa, Maywood and Exchanges Avenue Improvements,
in Accordance with Contract No. 489 of the City of Vernon, was
presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 5487 be approved and adopted. Motion carried.
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Communication from Bruce V. Malkenhorst, City Clerk,
dated February 25, 1988, was presented, advising that a Public
Improvements Agreement by and between the City and Roadway Package
Systems has been received together with sufficient funds to cover
said improvements. This agreement is due to Roadway being re-
quired to provide a traffic signal at Santa Fe Avenue & 28th
Street and to partake in the costs toward upgrading the railroad
protection at 2H-0.5 as a condition of the conditional use permit
previously granted to them. This request has been reviewed by the
Director of Community Services and the City Attorney and it is
hereby recommended that said agreement be approved and the Mayor
and City Clerk authorized to execute same.
It was moved by McCormiCk, seconded by Ybarra, that the
aforementioned Public Improvements Agreement be approved, the
Mayor & City Clerk authorized to execute same, and that said
communication be received and filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 25, 1988, was presented, advising that A.B.C.
Cutting Service, located at 4561 E. 48th Street has requested a
variance from City Code Section 7.52 (minimum truck parking and
loading requirements). The company uses small trucks exclusively
and their existing 40 ft. loading dock is sufficient to perform
all of their loading operations without extending over the street
right-of-way line. This request has been reviewed by the Director
of Community Services and it is hereby recommended that the
variance be granted contingent upon the following conditions:
1. all vehicles using the facility be limited to
a maximum length of 40 ft.;
2. all required frontage improvements be constructed
per City of Vernon Master Plan of Street as directed
by Director of Community Services.
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It was moved by Ybarra, seconded by Davis, that the
aforementioned request for a variance form City Code Section
7.52 be granted contingent upon the above listed conditions.
Motion carried.
Communication from Victor Vaits, Director of Community
Services, dated February 25, 1988, requesting authority and funds
for Jerry Schreiber, Electrical Inspector, to attend the 1988
Seminar on Grounding in Irvine on March 26, 1988, with an expense
allowance of $113.50, was presented.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to Jerry Schreiber in the amount of
$113.50 for his attendance to the 1988 Seminar on Grounding.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 25, 1988, was presented, advising that Trammell
Crow Company has requested a variance from 1985 Edition of the
Uniform Building Code, Table No. l7-A. They are proposing to
construct 14 buildings on the old Bethlehem Steel Property and
also wish to construct a common four-hour fire resistive wall on
City Council Minutes
page 9
March 1, 1988
the property line in place of separate four-hour fire resistive
walls for each building. This request has been reviewed by the
Director of Community Services and it is hereby recommended that
said variance be granted.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned variance from Table No. 17-Aof the 1985 Edition of
the Uniform Building Code be granted. Motion carried.
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Communication from Victor Vaits, Director of Community
Services, dated February 23, 1988, requesting authority and funds
for himself to attend the Public Works Officers Institute in San
Diego, April 6 thru 8, 1988, with an expense allowance of $566,
was presented.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to Victor Vaits in the amount of $566
for his attendance to the Public Works Officers Institute. Motion
carried.
Communication from Larry Spadt, Fire Chief, dated
February 24, 1988, requesting authority and funds for Acting
Battalion Chief Lynn Telford to attend the 11th Annual Vehicle
Rescue & Extrication Seminar in Corona, California, April 30, to
May I, 1988, with an expense allowance of $90.00, was presented.
It was moved by Davis, seconded by Gonzales, that
authority be granted to issue warrant to Lynn Telford in the
amount of $90 for his attendance to the above referenced
seminar. Motion carried.
Communication from Larry Spadt, Fire Chief, dated
February 24, 1988, requesting authority and funds for Acting
Battalion Chief Lynn Telford to attend the California Fire Chiefs'
Association Northern/Southern Training Officers Workshop 1988 in
Fresno, California, April 18 to 22, 1988, with an expense
allowance of $845.50, was presented.
authority
amount of
seminar.
It was moved by Ybarra, seconded by McCormick, that
be granted to issue warrant to Lynn Telford in the
$845.50 for his attendance to the above referenced
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated February 25, 1988 transmitting the agenda for the
Personnel Committee Meeting to be held Monday, February 29, 1988
and recommending approval of recommendations contained thereon.
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It was moved by Gonzales, seconded by Davis, that the
items listed on the Personnel Agenda dated February 29, 1988, be
approved and adopted. Motion carried.
Communication from Chief of Police dated February 24,
1988, requesting authority and funds for Lt. James Mason to attend
the Domestic Violence/Telecommunications Seminar in Santa Monica
on March 4, 1988, with an expense allowance of $75.65, was
presented.
It was moved by Ybarra, seconded by McCormick, that
authority be granted to issue warrant to James Mason in the amount
of $75.65 for his attendance to the above referenced seminar.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated February 25, 1988, transmitting the Minutes of the
Special Finance Committee Meeting held February 22, 1988 and recom-
mending approval of recommendations contained thereon, was
presented.
City Council Minutes
page 10
March 1, 1988
It was moved by Davis, seconded by Ybarra, that the
Minutes of the Special Finance Committee Meeting held February
22,1 988 be approved as written and adopted. Motion carried.
ORDINANCE NO. 974 - An Ordinance of the City Council of
the City of Vernon Increasing The Compensation of the City Council
Members Pursuant to Government Code Section 36516 (FIRST READING)
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It was moved by Gonzales, seconded by Ybarra, that
Ordinance No. 974 receive and pass a first reading. Motion
carried.
At this time the City Clerk explained to the City Council
that he had been informed after the posting of the Agenda that
the city telephone system maintenance agreement would expire as
of March 6, 1988. He advised the Council that it is necessary
that the City Take action on this maintenance agreement in order
to avoid any interruption of the telephone maintenance service
or the possibility of having to renew the present pOlicy, which
is too costly. Therefore, he advised that the need to take
action arose after the Agenda was posted in accordance with
Government Code Section 54954.2(b)(1) and (2). The City Clerk
further advised of the necessity of the Council approving by a
two-thirds majority the addition of this item to the Agenda.
It was moved by Gonzales, seconded by Ybarra, that the
consideration of a maintenance agreement for the city telephone
system is placed on the Agenda. Motion approved by four votes.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
March 1, 1988, advising that the contract for the city telephone
system maintenance will expire on March 6, 1988, and based on
quotation comparisons it is hereby recommended that said a
contract be awarded to A.L. Communications, was presented.
It was moved by McCormick, seconded by Ybarra, that the
city telephone system maintenance contract be awarded to A. L.
Communications and that the City Clerk be authorized to execute
same. Motion carried.
It was moved by Ybarra, seconded by McCormick, that the
City Council recess to Closed Session pursuant to Government Code
Section 54956.9(a) and 54956.9(b)(1) to confer with its attorney
regarding pending litigations, the time being 6:41 p.m. Motion
carried.
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All persons with the exception of the Director of
Community Services, the Director of Light & Power, the City Clerk,
and the City Attorney were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
The Director of Light & Power was excused at 7:12 p.m.
The Director of Community Services was excused at 7:42
p.m.
Councilman Davis was excused at 7:49 p.m.
Councilman Davis resumed his seat on the Council, the
time being 8:02 p.m.
It was moved by Ybarra, seconded by McCormick, that the
Council go out of Closed Session and resume regular session, the
time being 8:04 p.m.
City Council Minutes
page 11
March 1, 1988
It was moved by McCormick, seconded by Ybarra, that the
claim of Goldberg & Solovy Foods, Inc., received on January 12,
1988 for damaged poultry occurring on December 10, 1987, be
denied. Motion carried.
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The City Attorney explained that the City had received in
the matter of Walton v. City of Vernon, et al., Case No. SEC 41699
(consolidated with SEC 43526 and C 471628), a Mutual and General
Release of all Claims between L.A. Unified School District and the
City of Vernon respecting three personal injury actions. Said
Release provides that in consideration for a waiver of costs by
the City of Vernon and a dismissal without prejudice by the Los
Angeles Unified School District in favor of the City of Vernon,
both parties would mutually relinquish their respective legal
rights. The City Attorney indicated that he had reviewed said
Release, and that he would recommend that said release be
signed subject to the following conditions:
1. That said Release be signed and mailed to the law
office of Dummit, Faber & Brown, in trust, tobe held or used by
them only for the benefit of the City of Vernon in obtaining a
complete dismissal of all causes of action, claims and liability
against the City of Vernon.
2. That the City of Vernon would not waive any of its
defenses or rights in said action by said Release unless and until
it is dismissed and released by all parties with prejudice.
3. That said Release will have no power and/or effect
until it is dismissed and released by all parties with prejudice.
It was moved by Gonzales, seconded by Ybarra, that the
city Attorney's recommendations be approved and Ed Cooney,
Municipal Consultant, be authorized to execute and transmit said
Release to the proper parties subject to the conditions stated
above. Motion carried.
It was moved by McCormick, seconded by Davis, that the
Council recess to Closed Session 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 ordered all communications to and from Closed
deemed privileged and confidential.
I
It was moved by Ybarra, seconded by Davis, that the
Council go out of Closed Session and Resume Regular Session the
time being 8:05 p.m. Motion carried.
There being no further business to come before the
Council, it was moved by Ybarra, seconded by McCormick, that the
meeting adjourn. Motion carried.
ATTEST:
/t- / fr(~
Bruce V. Malkenhorst, City Clerk