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HomeMy WebLinkAbout1977 12 07 CC MIN1977 12 07 CC MIN(ÌìËÎ1 N D E DECEMBER 7, 1977 Acting City Attorney Flandrick Council Discussion Assistant Acting City Manager Sexton Director of Finance Halloway Resolution No. 77-99, Claims & Demands Adopted Resolution No. 77-100, Claims & Demands Motion Withdrawn Building Department Superintendent Cunningham Resolution No. 77-100, Claims & Demands Adopted 5:21 P.M. Meeting Adjourned BIB] 37657-U01 1977-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9743-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 12 07 CC MIN(ÌìËÎUNOFFICIAL UNTIL APPROVED SPECIAL MEETING OF THE BALDWIN PARK CITY COUNCIL DECEMBER 7, 1977 CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue 5:00 P.M. The City Council of the City of Baldwin Park met in Special session at the above place at 5:00 P.M. Councilman Hamilton led the salute to the flag. FLAG SALUTE Roll Call: Present: Councilman Hamilton KOI-L CALL and Mayor Btewett Absent: COUNCILMAN AGUILAR Also Present: ASSISTANT ACTING CITY MANAGER SEXTON, ACTING CITY ATTORNEY FLANDRICK, DIRECTOR OF FINANCE HALLOMAY AND CHIEF OF POLICE CHELLINO Also Absent: DIRECTOR OF PLANNING KILGOUR, CITY CLERK BALKUS AND CITY TREASURER MONTENEGRO Deputy City Clerk Winchester stated that Mrs. Batkus was under doctor's orders not to attend and that Mrs. Montenegro was taking finals at Cat State Fullerton. 00- Acting City Attorney Flandrick Yes, Mr. Mayor, if I may This is an Adjourned Special meeting of the City Council. It was adjourned from, I believe, Monday the 5th or 6th or whatever the date was. Notice of that meeting and notice of this meeting have been given in the manner prescribed in the Government Code in the Ralph M. Brown Act and specifically Notice of this Special Meeting and the prior meeting from which this was adjourned was personally served on Councilman Aguilar. There is an affadavit of service to that effect filed in the City Clerk's office or at least there is in my office and there wilt shortly be in the City Clerk's office. Mr. Aguilar has indicated apparently by letter and by comment made to various people that he does not intend to attend this and apparently other meetings, but at least does not intend to attend this meeting as is evidenced by his absence. There is no question but what there is a Government Code Section that indicates that there is a legal requirement under that section for three affirmative votes for the payment of any bills or warrant of the City. I am the first to agree that there is some serious legal doubt concern-ing what the authority of the Council is in the payment of these bills. Un- fortunately, the alternative is at least ridiculous. You have a number of people whose Claims are way past due; you have contractors several of whom are here in the audience) who have waited patiently for over a month for payment. Through no fault of their own, they have been unable to receive these bills although the bills have been audited. They have been recommended for approval by the various departments involved, including but not limited to the Finance Department. It would seem under these circumstances in the absence of Councilman Aguilar and there being no effective way of compelling his attendance, at least immediately at this or other meetings, that the Rule of Necessity, which is a doctrine that has grown up in various case law in the State of continued) ACTING CITY ATTY. FLANDRICK BIB] 37657-U01 1977-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9743-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 12 07 CC MIN(ÌìËÎSpecial Meeting of the Baldwin Park City Council December 7, 1977 Page 2 California the essence of which is Lhdt when a power is granted to an officer or to a particular body, it must be exercised and there is no alternative and it can not be through no fault of that agency perhaps there is a conflict of interest or absence or whatever. It would seem to me that that doctrine would apply here, and under those circumstances if the Council wishes to act on the Warrant Register of No. 77-100 and 101, it would seem to me that that is the justification for doing so. I might add, incidentally, that by the time of your next regular meeting oh, excuse me, 99 and 100 by the time of your next regular meeting the Acting City Manager and I had a meeting on this Friday and one of the things we are going to address ourselves to was the question about what can we do about the payment of some of these bills other than by the method of having to bring it to the Council when the Council consists of two people. So we are going to try to come up with some other alternatives, but at this point in time, frankly, I have exhausted any other alter- native, and it is my suggestion to you that you rely on the Rule of Necessity if you are so inclined to approve these warrants as submitted to you. Mayor Btewett Is there any question? Councilman Hamilton I have a question with the Acting City Manager, Mr. Phil Sexton. You have gone through a11 these warrants and every- thing, and they are ail approved and audited by our Finance Director and there is no question that we owe these amounts to these people? Assistant Acting City Manager Sexton Each of those bills has been audited by the individual departments and again by the Finance Department. To the best of my knowledge, there are no bills of questionable nature within those. I think what we have is a various number of people have dealt with us in good faith and delivered the materials supplies, labor and et cetera and we are almost forced in the position of paying for that. Acting City Attorney Ftandrick One other comment, if I may, Mr. Mayor. There have been indications from some of these individuals that, unless payment is forthcoming immediately, that lawsuits wi11 be instituted. That, of course, is something to be avoided tike the plague, notwithstanding that attorneys seem to enjoy it. So it seems to me that that is another factor that the Council must take into consideration. Mayor Btewett Mr. Halloway, are you satisfied, sir, that all of these bills are that the City owes all these bills and that they should be paid? Director of Finance Halloway By all means, Mr. Mayor. As both the City Attorney and the City Manager have stated, a11 these bills there is no procedure. There is nothing out of the ordinary. Each one of these bills has continued) COUNCIL DISCUSSION ASST. ACTING CITY MANAGER SEXTON DIRECTOR OF FINANCE HALLOWAY BIB] 37657-U01 1977-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9743-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 12 07 CC MIN(ÌìËÎSpecial Meeting of the Baldwin Park City Council December 7» Page 3 1977 been checked by the various departments and again rechecked by the Finance Department and are ready for payment. I might also add to the fact that not only do you have lawsuits, but you are also facing penalties from various suppliers for non-payment interest payments, if you will. So you have got not only the possibility of various lawsuits, but you've got interest payments that will be piled on top of the bills already of Mayor Blewett the City. Acting City Attorney Flandrick I think also, Mr. Mayor, in that same vein, is it not true, Mr, Halloway, that there is there are warrants on here for Federal Withholding Tax and for Public Employees Retirement? Mr. Halloway That's correct. There is one warrant that must be paid. In fact, it was due today. In my conversation with the City Attorney, he felt that one more day wouldn't hurt that much but we have a check that must be paid to the Public Employees Retirement System, which represents withhotdings from the employees' paychecks for retirement. Beyond that, there are also a couple of checks that are to a couple of our police officers who are on disability who and these payments are ordered by law. We must make the payments while their disability cases are being litigated. Mayor Blewett Thank you, Mr. Halloway. May I I'd like to make a statement. I don't like having to do this but if there are any consequences for doing it, so be it. I feel it is right. I feel Mr. Aguilar is wrong in not attending. It is not right for contractors or anybody that has money owing to them to not have it coming to the City. And we are going we are going to discharge our obligations to our office even if others do not do that. I would MOVE APPROVAL OF RESOLUTION 77-99, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK and WAIVE FURTHER READING. Councilman Hamilton I will second that motion. Mayor Blewett Is there any objection? Mr. Halloway Maybe you'll want a Roll Call deal. Mayor Blewett Roll Call. Deputy City Clerk Winchester BLEWETT. Mayor Blewett Aye. Deputy City Clerk Winchester HAMILTON. Councilman Hamilton Aye. Deputy City Clerk Winchester AGUILAR. Councilman Aguilar was absent) Mayor Blewett So ordered. Mayor Blewett I would MOVE AND WAIVE FURTHER READING on RESOLUTION 77-100. APPROVING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK. continued) MOTION TO ADOPT RES. NO. 77-99, CLAIMS & DEMANDS & WAIVE FURTHER READING MOTION SECONDED ROLL CALL MOTION CARRIED MOTION TO WAIVE FURTHER READING & ADOPT RES. NO. 77-100, CLAIMS & DEMANDS BIB] 37657-U01 1977-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9743-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 12 07 CC MIN(ÌìËÎSpecial Meeting of the Baldwin Park City Council Councilman Hamilton Before I I would like a comment on that before we go any further on it. Mayor Btewett Okay, I'll withdraw the Motion pending comment. Councilman Hamilton We have one here on Maurice H, Fleishman the architectural service and I think that is Warrant No. 104. That now we have paid these people money I was under the understanding that they was paid up. Now, Mr. Halloway, could you give me a rundown on that. They've got a billing here for $1,307.07. Director of Finance Hattoway No, I'm sorry, I don't have that information with me but perhaps Mr. Sexton could tilt you in. I would assume that what that is there are some change orders or some of those some things like that, is that not correct? Assistant Acting City Manager Sexton Yes, sir. It is true that Mr. Fleishman, as far as I know, is paid up to completion of the building plan through the award of contract. Any type of construction like that requires several change orders, many of which Mr. Fleishman has to either coordinate or approve or have other services rendered for us. An example would be the structural engineering calculations. Again, Warrant No. 104 has been approved by Mr. Cunningham in the Public Works Department and it is certainty not in excess of his contractual arrangements with us. Mr. Hattoway Excuse me, I did too have those bills. I'll te11 you exactly what it's for. Okay, the statement says, extra services regarding work involved in Quotation Request No. 6, as per authorization tetter dated September 15, 1977 $1200. Reimbursable expenses The Quality Blue- print Company billing, October 1977, $100.37. Reimbursable expenses Quality Blueprinting again, $6.70, leaving a total of $1307.07. There is a purchase order issued which has been approved by the department Mr. Cunningham and that's it. I'm sorry I do not know what Quotation Request No. 6 is. Assistant Acting City Manager Sexton Mr. Cunningham is in the audience. Dick, do you remember what Quotation No. 6 was? What change order? Mr. Cunningham In Mr. Fleishman's contract, he is entitled to additional fees based on $15.00 an hour for extra drafting work that has to do connected with those change orders. Change Order No. 6, I believe was for rearranging of some office areas, changing them from the vault to an office, and there were several offices involved. The changes were up on the third floor and involved some office space utilizing what was formerly the Data Processing area and is now in the basement. Mr. Sexton And that is a provision of this contract, is it not? Mr. Cunningham It is a provision of this contract. continued) December 7, 1977 Page 4 MOTION WITHDRAWN BLDG, SUPT, CUNNINGHAM BIB] 37657-U01 1977-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9743-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 12 07 CC MIN(ÌìËÎSpeciaT Meeting of the Baldwin Park City Council December 7, 1977 Page 5 Councilman Hamilton Okay, Mr. Mayor. If you want to make the motion. Mayor Blewett I would MOVE ADOPTION OF RESOLUTION NO. 77-100, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK AND WAIVING FURTHER READING. Councilman Hamilton Second. Mayor Blewett Roll Call vote, Madame Clerk. Deputy City Clerk Winchester BLEWETT. Mayor Blewett Aye. Deputy City Clerk Winchester HAMILTON. Councilman Hamilton Aye. Deputy City Clerk Winchester AGUILAR. Councilman Aguitar was absent) Mayor Blewett So ordered. Mayor Blewett I would move adjournment to the well next no special meeting so I would just move adjournment. MOTION 10K ADOPTION OF RES. NO. 77-100, CLAIMS & DEMANDS & WAIVE FURTHER READING MOTION SECONDED ROLL CALL MOTION CARRIED 5:21 P.M. MOTION TO ADJOURN Councilman Hamilton Second. MOTION SECONDED 00" A^ifc^X^ HELEN WINCHESTER. DEPUTY CITY CLERK APPROVED: f^uL^J^^ 1977 Date of Distribution to City Council: December 30, 1977 Date of Distribution to Departments: December 30, 1977 BIB] 37657-U01 1977-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9743-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06