19830118 Regular City Council Meeting - Minutes
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MINUTES OF THE REGULAR CITY COUNCIL
MEETING HELD JANUARY 18, 1983 AT
2:00 P.M. IN THE COUNCIL CHAMBERS
OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CA
-----------------------------------
MEMBERS PRESENT:
Malburg, Davis, Ybarra, McCormick, Davis
MEMBERS ABSENT:
None
The meeting was called to order by Mayor Malburg.
The Mayor announced that this was the time and place for opening
of bids in accordance with Bid #1193 - Chipper and Bid #1194 Chipper
Shell.
It was moved by Gonzales, seconded by McCormick, that the City
Clerk be instructed to open and read the bids submitted. Motion
carried.
The City Clerk opened and read the following bids for
Bid #1193:
Al Asher & Sons
Vermeer of California
Asplundh Mfg. Division
Golden State Equipment
$ -0-
10,795.00
-0-
11,842.00
It was moved by Ybarra, seconded by Davis, that the bids received
for Bid #1193, Chipper, be referred to the Purchasing Agent for
review. Motion carried.
The City Clerk opened and read the bids submitted for Bid #1194:
Al Asher & Sons
Vermeer of California
Asplundh
Golden State Equipment
Euclid Steel Fab Co./Atlas
Truck Bodies
$ -0-
-0-
3,173.00
-0-
2,175.00
It was moved by Gonzales, seconded by Davis, that the bids
received for Bid #1194, Chipper Shell, be referred to the Purchasing
Agent for review. Motion carried.
It was moved by McCormick, seconded by Davis, that the Minutes of
the City Council Meeting held January 4, 1983, be approved as written
and submitted. Motion carried.
RESOLUTION #4963 - A Resolution of the City Council of the City
of Vernon Consenting to Establishment of a Portion of Real Property
to be known as the Los Angeles River Bike Path Located Within the City
Highways of the County of Los Angeles, (deferred from January 4, 1983
Council Meeting), was presented.
It was moved Ybarra, seconded by Gonzales, that Resolution #4963
be deferred to the February 1, 1983 Council Meeting. Motion carried.
WARRANT REGISTER NO. 612 - covering claims and demands presented
during the period January 1 thru 15,1983, which includes demand Nos.
8755 thru 8922 (both inclusive) excluding Light & Power Demands drawn
on the First Interstate Bank totaling $146,453.59 (accounting period
January 1983) was examined and audited.
It was moved by Davis, seconded by McCormick, that Warrant Register
No. 6l2, be approved and payment authorized for Demand Nos. 8755 thru
8922 (both inclusive), excluding Light & Power Demands, in the amount
of $146,453.59, with no other exceptions. Motion carried.
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City Council Meeting
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January 18, 1983
WARRANT REGISTER NO. 612 - covering claims and demands presented
during the period January 1 thru 15, 1983, which includes Light &
Power Demands Nos. 8755, 8759, 8760, 8761, 8783, 8787, 8806, 8813,
8828, 8829, 8879, 8891, 8896, 8914, 8915, and 8920, totaling
$3,949,510.12 (accounting period January 1983) was examined and audited.
It was moved by Ybarra, seconded by Gonzales, that Warrant Register
No. 612, be approved and payment authorized for Demand Nos. 8755, 8759,
8760, 8761, 8783, 8787, 8806, 8813, 8828, 8829, 8879, 8891, 8914~ 8915,
and 8920, totaling $3,949,510.12 with no exceptions. Motion carried
(Councilman Davis abstained).
PAYROLL WARRANT REGISTER NO. 313 - covering claims and demands
presented during the period November 14 thru December 11, 1982, which
includes Demand Nos. 3618, thru 3632 (both inclusive) drawn on the
Crocker National Bank, totaling $596,223.65 (accounting period December
1982), was examined and audited.
It was moved by McCormick, seconded by Davis, that Payroll Warrant
Register No. 313 be approved and payment authorized for Demand Nos. 3618
thru 3632 (both inclusive), in the amount of $596,223.65 with no excep-
tions. Motion carried.
Communication from L. A. Espinoza, Chief of Police, dated January
4, 1983, was presented, requesting authority and funds for him to attend
the Law Enforcement Executive Seminar Issues in Labor Relations in
Burbank, January 18 and 19, 1983 with an expense allowance of $20.00.
It was moved by Davis, seconded by Ybarra, that the request of
Chief of Police L. A. Espinoza be approved and authority granted to
issue warrant to Luis Espinoza in the amount of $20.00 for his attendance
to the Law Enforcement Executive Seminar Issues in Labor Relations in
Burbank, January 18 and 19, 1983. Motion carried.
Communication from Lewis R. Adams, Director of Water & Power, dated
January 12, 1983, requesting authority and funds for him to attend the
51st Annual Conference of California Municipal Utilities Association in
Monterey, CA., February 23 thru 25,1983, with an expense allowance of
$540.00, was presented.
It was moved by Ybarra, seconded by Gonzales, that the request of
Lewis Adams, Director of Water & Power, be approved and authority
granted to issue ~arrantto Lewis Adams in the amount of $540.00 for
his attendance to the 51st Annual Conference of California Municipal
Utilities Association in Monterey, February 23 thru 25, 1983. Motion
carried.
Communication from Arthur E. Nelson, Director of Community Services,
dated January 12, 1983, transmitting Contract No. 455, Lama Vista and
Exchange Avenue, Paving, Storm Drain and Water Line, specifications and
constructions plans and recommending approval of said contract and
requesting authority to advertise for bids, was presented.
RESOLUTION #4966 - A Resolution of the City Council of the City
of Vernon Approving Contract No. 455 and Authorizing Notice Inviting
Sealed Proposals or Bids for Lama Vista and Exchange Avenue, Paving,
Storm Drain and Water Line Construction, in Accordance with Contract
No. 455 of the City of Vernon, was presented.
It was moved by McCormick, seconded by Davis, that Resolution No.
4966 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
McCormick, Davis, Ybarra, Gonzales, Malburg
None
None
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January 18, 1983
Communication from Arthur Nelson, Director of Community Services,
dated January 11, 1983, was presented transmitting a fully executed
easement from John Pearson, Jr. for street purposes for the north-west
corner Of Exchange and Charter Streets and recommending approval of
same.
It was moved by Gonzales, seconded by Ybarra, that the fully
executed easement for street purposes for the north-west corner of
Exchange & Charter Streets from Mr. John Pearson, Jr. be accepted
and that the Mayor and City Clerk be authorized to sign a certificate
of acceptance. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City
Clerk, dated January 13, 1983, recommending that the liability claim
submitted by Ibold and Anderson on behalf of Parker & Sons trucking
for an accident occurring on December 2, 1980 be rejected and referred
to Southern California Joint Powers Insurance Authority, was presented.
It was moved by Ybarra, seconded by Davis, that this matter be
deferred to Executive Session. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City
Clerk, dated January 13, 1983, recommending that the liability claim
of Aetna Insurance Company, Commercial Insurance Division, submitted
on behalf of Teamsters Local 595 - Ramon Santillan, be denied and
referred to our liability administrator, CAS, was presented.
It was moved by Gonzales, seconded by Davis, that the matter of
the claim submitted by Aetna Insurance Company on behalf of Teamsters
Local 595 be deferred to Executive Session. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City
Clerk, dated January 13, 1983, was presented, recommending that a
variance be granted to Marsh Industries located at 5809 Alcoa Avenue,
from the City Parking Ordinance No. 801, with the following restrictions:
1. the frontage along Alcoa Avenue and Slauson Avenue be
improved to City standards.
2. the existing parking lot be striped and maintained for
maximum parking.
3. the existing parking lot be used exclusively for parking
and no storage be permitted at any time.
Mr. Victor Vaits, Deputy Director of Community Services, submitted
a report dated January 13, 1983, and presented the following evidence
to support his recommendation that a variance be granted to Marsh
Industries:
1.
In conjunction with the proposed building addition, the
company is cleaning up their property and improving their
storage and manufacturing operations;
2.
The company will also improve their frontage by eliminating
a driveway on Slauson Avenue. This driveway is located
~pproximately 30 feet from the Alcoa Street Intersection and
creates traffic problems on Slauson Avenue. The driveway
elimination will considerably improve traffic flow and
safety in the intersection area:
3. By removing some of the existing outside storage along the
companyJswest property line, Fire Department access will be
improved along the west property line;
4. The company can provide approximately 18 legal parking spaces
within their existing parking lot. The Company employs
approximately 65-70 employees. The employees are using buses
and car pooling for their work trips. Some street parking is
used at this time. With the company's general operations
improvement, it is expected that the street parking require-
ments will be reduced; 7 ~5
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January 18, 1983
5. It is expected that if the variance is granted with the
listed conditions that general traffic situation will
be improved at the Alcoa-Slauson Avenue Intersections.
It was moved by Gonzales, seconded by Ybarra, that the evidence
presented by Mr. Vaits be received and filed; that the City Council
hereby finds and determines that (1) the evidence supports the follow-
ing findings:
a) The elimination of the driveway on Slauson Avenue will
improve traffic flow and safety in the intersection of
Alcoa Street and Slauson Avenue;
b)
Fire Department access will be improved along the west
property line;
c)
The maintenance of the parking lot for parking purposes will
improve the traffic flow in the general area;
d) The employees use the municipal bus system and have formed
car pools which decrease the need for on-site parking;
e) The construction of additional building space will not
increase employment because of the improvement of the
general business operations and, therefore, will not require
additional parking;
(2) the granting of the requested variance from Section 7.39 of the
Vernon Municipal Code will help expedient, safe and economical
movement of vehicular and pedestrian traffic over the public
street system; and (3) that the recommendation for a variance
from City Parking Ordinance No. 801, Section 7. 39 of the Vernon
Municipal Code, be granted to Marsh Industries located at 5809
Alcoa Avenue subject to the following restrictions:
a) The frontage along Alcoa Avenue and Slauson Avenue be
improved to City standards;
b) The existing parking lot be striped and maintained for
maximum parking;
c) The existing parking lot be used exclusively for parking and
no storage be permitted at any time.
Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City
Clerk, dated January 17, 1983, requesting authority and funds to attend
the League of California Cities 1983 City Manager's Meeting in Monterey,
February 16 to 18, 1983, with an expense allowance of $673.00, was
presented.
It was moved by McCormick, seconded by Davis, that the request
of the City Administrator/City Clerk, be approved and authority granted
to issue warrant to Bruce V. Malkenhorst in the amount of $673.00 for
him to attend the League of California Cities 1983 City Manager's
Meeting in Monterey, February 16 to 18, 1983. Motion carried.
Communication from Bruce V. Malkenhorst, Director of Personnel,
dated January 18, 1983, transmitting the minutes of the Personnel
Committee Meeting held January 17, 1983, for approval of recommendations
contained therein, was presented.
It was moved by McCormick, seconded by Gonzales, that the minutes
of the Personnel Committee Meeting held January 17, 1983, be approved
as written and recommendations contained therein adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City
Clerk, dated January 17, 1983, recommending that the Extention Rider
received from Los Angeles & Salt Lake Railroad Company & Union Pacific
Company which covers three (3) #4 120/240 volt, 60 cycle conductors,
pole and appurtenances for power purposes (which expires May 31, 1983)
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City Council Meeting
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January 18, 1983
be extended to andthru May 31, 1993, and that the Mayor and City
Clerk be authorized to execute said Rider, was presented.
It was moved by Ybarra, seconded by Gonzales, that the recommen-
dation of the City Administrator/City Clerk to extend the Extension
Rider received from Los Angeles & Salt Lake Railroad Company & Union
Pacific Railroad Company to and thru May 31, 1993, be approved and
that the Mayor and City Clerk be authorized to execute said Rider.
Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City
Clerk, dated January 18, 1983, was presented, transmitting a report
from Lewis Adams recommending that an Energy Cost Adjustment Billing
Factor of a minus 0.905 per kilowatt hour for the next three (3)
month period, effective February 1, 1983, be approved.
It was moved by McCormick, seconded by Ybarra, that the report of
Lewis Adams on the Energy Cost Adjustment Billing Factor received and
filed. Motion carried.
Resolution #4967 - A Resolution of the City Council of the City
of Vernon Changing the En~rgy Cost Adjustment Billing Factor Charged
for Electrical Energy Distributed and Supplied to its Electrical
Consumers, was presented.
It was moved by McCormick, seconded by Ybarra, that Resolution
#4967 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
McCormick, Ybarra, Gonzales, Davis, Malburg
None
None
Police Department Activity Log for the period January 1 thru 15,
1983, was presented.
It was moved by Ybarra, seconded by Gonzales, that the Police
Department Activity Log for the period January 1 thru 15 1983'- be
received and filed. Motion carried.
Health Department report for the month of December, 1982, was
presented.
It was moved by Gonzales, seconded by Davis, that the Health
Department Report for the month of December, 1982, be received and
filed. Motion carried.
Communication from Mr. John Brewer of Studio City, dated January
18, 1983, complimenting the City and the Street Maintenance Department
on the clean streets and the overall beautification of the City, was
presented.
It was moved by McCormick, seconded by Ybarra, that the letter
received from Mr. John Brewer be received and filed. Motion carried.
At 2:55 P.M, it was moved by McCormick, seconded by Ybarra,
that the City Council go into Execution Session under Attorney/Client
privilege. Motion carried.
All persons with the exception of the City Administrator/City
Clerk, the City Attorney, and Lou Hauger were excused from Executive
Session.
Mayor Malburg declared all communications to and from the Executive
Session deemed private and confidential.
At 3:10 P.M., it was moved by Gonzales, seconded by Davis, that
the City Council go out of Executive Session and resume regular
session. Motion carried. (Lou Hauger was excused at 3:10 P.M.)
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January IBi 1983
It was moved by Ybarra, seconded by McCormick, that the claim
submitted by Ibold & Anderson on behalf of Parker & Sons Trucking for
an accident occurring on December 2, 1982, be denied and referred to
Soubhern California Joint Powers Insurance Authority. Motion carried.
It was moved by Gonzales, seconded by Davis, that the liability
claim of Aetna Insurance Company, Commercial Insurance Division,
submitted on behalf of Teamsters Local 595 - Ramon Santillan, be denied
and referred to CAS. Motion carried.
At this time, 3:30 P.M., the Mayor declared a 30 minute recess.
The meeting reconyened at 4:00 P.M.
It was moved by McCormick, seconded by Ybarra, that the City Council
move into Executive Session under Attorney Client Privilege, the time
being 4:00 P.M. Motion carried.
All persons with the exception of the City Administrator/City
Clerk, City Attorney, and Lewis Adams were excluded from the Executive
Session. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the Council
go out of Executive Session, the time being 5:43 P.M. Motion carried.
Bruce V. Malkenhorst, Chief Executive Officer of the Light & Power
Department, recommended that the Fifth Contract for Electrical Service
by and between the City of Vernon and Bethlehem Steel Corporation be
amended in accordance with Section 10 of said Agreement that provided
for a new rate because Bethlehem Steel's business picture had changed
to the extent that it has seriously modified its business operations and
intends to terminate its business operations in approximately June of
1983 and further recommended that the City Council approve Resolution
No. 4968 providing for the approval of an amendment to the Fifth Contract.
RESOLUTION No. 4968 - A Resolution of the City Council of the City
of Vernon approving the Execution of An Amendment to the Fifth Contract
By and Between Bethlehem Steel Corporation and the City of Vernon Which
Provides for Electrical Services, was presented.
It was moved by McCormick, seconded by Ybarra, that the recommenda-
tion of the Chief Executive Officer of the Light & Power Department be
approved and the Resolution No. 4968 be approved and adopted. Motion
carried.
AYES:
NOES:
Absent:
McCormick, Ybarra, Gonzales, Davis, Malburg
None
None
The City Attorney reported that he had received a Notice of Pendency
of Class Action in a lawsuit entitled City of Whittier v.State
Compensation Insurance Fund, Los Angeles Superior Court Case CIV No.
CA 000590 and recommended that the City of Vernon permit itself to be
represented in said class action lawsuit.
It was moved by Gonzales, seconded by Davis, that the City Attorney's
recommendation be approved. Motion carried.
The City Attorney reported that the Cities of Anaheim, Riverside,
Banning, Colton and Azusa had filed in the United States Court of
Appeals for the Ninth Circuit a "Petition for Review of Orders of the
Federal Regulatory Commission."
Said Petition, which was served by mail on January 11, 1983,
requests the Court to review FERC Opinion Nos. 145, issued September
10, 1982, and 145A, issued November 24, 1982, in Southern California
Edison Company, FERC Docket No. ER 79-150.
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The City Attorney further indicated that the City of Vernon was a
party before the Federal Energy Regulatory Commission in Docket No. ER
79-150 and, therefore, recommended that he be authorized to file on
behalf of the City a Motion for Leave to Intervene in said proceedings
and a separate Petition to review the orders in respect the City of
Vernon's position in the case.
It was moved by Gonzales, seconded by McCormick, that the City
Attorney's recommendation be approved and that he be authorized to
file a Motion for Leave to Intervene in said proceedings and a separate
Petition to review said orders. Motion carried. (Coucilman Davis
abstained)
The City Attorney reported that in accordance with the City
Council instructions in Executive Session of a City Council meeting
held on November 16, 1982, the law firm of Goldberg, Fieldman &
Letham, P.C. had filed a Motion to Intervene and Notice of Intent of
the City of Vernon to Submit Competing Application for New License
before the Federal Energy Regulatory Commission in Project No. 1388-001
on January 7, 1983, and requested the City Council to formally ratify
the filing of said Motion.
It was moved by Ybarra, seconded by Gonzales, that the filing of a
Motion to Intervene and Notice of Intent of the City of Vernon to
Submit Competing Application for New License before the Federal Energy
Regulatory Commission in Project No. 1388-001 is hereby approved.
Motion carried. (Councilman Davis abstained)
There being no further business to come before the City Council,
it was moved by Ybarra, seconded by McCormick, that the meeting adjourn.
Motion carried.
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~~onis C. Ma] urg, Mayor
ATTEST:
6~/ft(~
Bruce V. Malkenhorst
City Clerk
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