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19830215 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING HELD FEBRUARY 15, 1983, AT 2:00 P.M. IN Trill COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: MEMBERS ABSENT: Malburg, Ybarra, Gonzales, Davis, McCdrmick None 1 The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the sealed bids for Sale Bid No. 83-02, One (1) City Surplus Vehicle, 1981 Oldsmobile be opened and read by the City Clerk. Motion carried. The City Clerk opened and read the following bids for Sale Bid No. 83-02: Kaiser Brothers Gene's Auto Sales, Inc. Mr. Lewis Adams No Bid No Bid $ 8,801. 00 It was moved by McCormick, seconded by Ybarra, that the bids received be referred to the Purchasing Agent for review. Motion carried. It was moved by Gonzales, seconded by Davis, that the sealed bids for Bid No. 1195, Purchase of New Pick-Up Trucks for the Community Services Department be opened and read by the City Clerk. Motion carried. GMC Truck & Coach Sopp Chevrolet Bellwood Chevrolet Lindt-Wilson Motors, Inc. $ 7,371.00 8,930.18 plus $550.00 to repaint vehicle $ 7,699.50 7,063.93 It was moved by McCormick, seconded by Ybarra, that the bids be referred to the Purchasing Agent for review. Motion carried. At this time the Mayor announced the presentation of service pins. Sgt. Robert Amos 20 years of service Due to Sgt. Amos being unable to moved by Gonzales, seconded by Davis, Sgt. Amos be deferred to the March 1, Motion carried. attend the meeting, it was that the presentation to 1983 Council Meeting. Fire Captain Gary Wiskus 15 years of service 1 At this time the Mayor declared a 10 minute recess, the time being 2:10 P.M. The Council reconvened at 2:20 P.M. It was moved by Ybarra, seconded by McCormick, that the approval of the City Council Minutes held February 1, 1983, be deferred to the next council meeting. Motion carried. Police Department Activity Log for the period January 16 thru 31, 1983 was presented. It was moved by Ybarra, seconded by Gonzales that the Police Department Activity Log for the period January 16 thru 31, 1983, be received and filed. Motion carried. 795 City Council Meeting Page 2 February 15~ 1983 Police Department Activity Log for the period February 1 thru 14,1983~ was presented. It was moved by Davis, seconded by Ybarra~ that the Police Department Activity Log for the period February 1 thru 14, 1983~ be received and filed. Motion carried. The Health Department Report for the Month of January 1983 was presented. It was moved by McCormick~ seconded by Gonzales~ that the Health Department report for the month of January 1983 be re- ceived and filed. 1 RESOLUTION NO. 4969 - A Resolution of the City Council of the City of Vernon Commending Patrick Fulcher for his Many Years of Service to the City of Vernon~ was presented. (Deferred from February 1, 1983 meeting). It was moved by McCormick~ seconded by Ybarra, that Resolu- tion No.4971 be approved and adopted. Motion carried. AYES: NOES: Absent: McCormick, Ybarra~ Gonzales, Davis, Malburg None None Communication from Chief of Police L. A. Espinoza~ dated February l~ 1983, was presented~ requesting permission for Sgt.Robert Graham to attend the 14th Annual California Homicide Training Seminar in Sacramento, CA.~ March 2 thru 5, 1983, with an expense allowance of $371.19. It was moved by Ybarra~ seconded by Davis, that the request of the Chief of Police be approved and authority granted to issue warrant for $371.19 to Sgt. Robert Graham for him to attend the 14th Annual California Homicide Training Seminar in Sacramen- to~ CA.~ March 2 thru 5~ 1983. Motion carried. Warrant Register No. 614, covering claims and Demands pre~ sented during the period February 1 thru 15~ 1983~ which includes Demand Nos. 8923 thru 8927 (both inclusive) and Demand Nos. 9041 thru 9187 (both inclusive) excluding Light & Power Demands~ drawn on the First Interstate Bank totaling $75~649.36~ was examined and audited. (accounting period February 1983). 1 It was moved by McCormick~ seconded by Davis~ that Warrant Register No. 614~ be approved and payment authorized for Demand Nos. 8923 thru 8927 (both inclusive) and Demand Nos. 9041 thru 9187 (both inclusive) excluding Light & Power Demands, in the amount of $75,649.36~ with no exceptions. Motion carried. Warrant Register No. 614~ covering claims and demands pre- sented during the period February 1 thru 15, 1983~ which includes Light & Power Demand Nos. 9041~ 9044~ 9045~ 9046~ 9047~ 9137, 9164, 9167,9168~ 9176, 9181~ 9186~ and 9187 totaling $4~909,483.47 (accounting period February 1983)~ was examined and audited. It was moved by Ybarra~ seconded by Gonzales, that Warrant Register No. 614~ be approved and payment authorized for Demand Nos. 9041,9044~ 9045~ 9046, 9047, 9137, 9164, 9167~ 9168~ 9176~ 9181~ 9186~and 9187 in the amount of $4,909~483.47 with no ex- ceptions. Motion carried. (Councilman Davis Abstained) Payroll Warrant Register No. 314, covering claims and de- mands presented during the period December 12, 1983 thru Janu- ary 8~ 1983~ which includes Demand Nos. 3633 thru 3647~ (both inclusive) drawn on the Crocker National Bank totaling $424~ 890.49 (accounting period January 1983) was examined and audited. It was moved by McCormick, seconded by Ybarra~ that Payroll Warrant Register No. 314~ be approved and payment authorized for Demand Nos. 3633 thru 3647, (both inclusive) in the amount of $424~e90.49~ with no exceptions. ,Motion carried. 796 City Council Meeting Page 3 February l5~ 1983 Communication from Chief of Police L. A. Espinoza~ dated February 4, 1983~ was presented~ requesting permission for Captain L. S. Rosenkrantz to attend the California Association of Polygraph Examiners Advanced Seminar in San Mateo~ February 26 thru 27~ 1983~ with an expense allowance of $283.00. It was moved by Ybarra~ seconded by Davis~ that the request of the Chief of Police be approved and authority be granted to issue warrant in the amount of $283.00 to Captain Rosenkrantz for him to attend the California Association of Polygraph Exami- ners Advanced Seminar in San Mateo~ February 26 thru 27~ 1983. Motion carried. 1 Communication from Arthur Nelson~ Director of Community Services~ dated February 9~ 1983~ advising that the bids opened for Contract No. 455~ Exchange Avenue and Loma Vista Avenue Paving~ Storm Drain, and Water Line Construction have been re- viewed and recommending that the contract be awarded to Fleming Engineering~ Inc.~ of 8281 Commonwealth Avenue~ Buena Park~ CA.~ on the basis of their bid in the amount of $352~022.85~ was presented. RESOLUTION NO. 4972 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Fleming Engineering~ Inc.~ for Exchange Avenue and Loma Vista Avenue Paving~ Storm Drain and Water Line Construction in Accordance with Contract No. 455 of the City of Vernon and Approving the Execution of Said Contract~ was presented. It was moved by Ybarra~ seconded by Gonzales~ that Resolu- tion No. 4972 be approved and adopted. Motion carried. AYES: NOES: Absent: Ybarra~ Gonzales~ McCormick~ Davis, Malburg None None Communication from Bruce V. Malkenhorst~ City Administrator/ City Clerk~ Dated February 10, 1983~ advising that Sale Bid No. 83-0l~ Sale of Surplus Property from the Vernon Light & Power Department~ has been reviewed~ and recommending that the bid be awarded to Rosen's Electric Equipment in the amount of $2~639.00~ was presented. RESOLUTION NO. 4973 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Rosen's Electrical Equip- ment for the purchase of Surplus Property from the Vernon Light & Power Department in accordance with Bid No. 83-01 and Approving the Execution of Any Documents in Relation Thereto~ was presented. It was moved by McCormick~ seconded by Davis~ that Resolution No. 4973~ be approved and adopted. Motion carried. 1 AYES: NOES: Absent: McCormick~ Davis~ Ybarra~ Gonzales, Malburg None None Communication from Bruce V. Malkenhorst~ City Administrator/ City Clerk~ dated February 10~ 1983~ was presented~ advising that Bids No. 1193 and l194~ which were opened at the January l8~ 1983 Council Meeting have been reviewed and recommending that Bid No. l193~ Asplundh Whisper Chipper be awarded to Golden State Equipment in the amount of $12~6ll.73 (which includes tax) and Bid No. l194~ Chipper Shell be awarded to Euclid Steel Fabricat- ing Company/Atlas Truck Bodies in the amount of $2~316~38~ (whiCh includes tax). The City Administrator/City Clerk also advised that Vermeer Company of California was the lowest bidder on Bid No. 1193~ however~ they did not meet the required bid specifica- tions. 797 City Council Meeting Page 4 February 15, 1983 RESOLUTION NO. 4974 - A Resolution of the City Council of the City of Vernon accepting the bid of Golden State Equip- ment for the Purchase of an Asplundh Whisper Chipper and the bid of Euclid Steel Fabricating Company/Atlas Truck Bodies for the purchase of a chipper shell for the Community Services Department in Accordance with Bid Nos. 1193 and 1194 respec- tively and approving the execution of any documents in rela- tion theret~ was presented. It was moved by Gonzales, seconded by Davis, that resolu- tion No. 4974 be approved. Motion carried. 1 AYES: NOES: Absent: Gonzales, Davis, Malburg, Ybarra, McCormick None None Commudication from Bruce V. Malkenhorst, City Administrator/ City Clerk,1 dated February 10, 1983, was presented, recommending that Koppe~s Co., Inc., of 5431 District Blvd., be granted a variance fnom the Vernon Municipal Code, Section 7.39, Minimum on Site Pa~king Requirements, with the following restrictions: 1. ~he frontage along District Blvd., and Heliotrope ~venue be improved to Vernon Master Plan Standards. 2. ~en new parking spacea be provided and maintained ~ithin the property. A repqrt was submitted by Victor Vaits, Deputy Director Community Services, dated February 9, 1983, giving evidence supporting Ihis recommendation that a variance be granted to Koppers, Inc.: 1. ~oppers, Co., Inc. has requested a variance from qection 7.39 of the Vernon Municipal Code to ~onstruct 5500 square foot addition to their warehouse - ~nd a 3000 square foot second story office addition ~or the purpose of processing incoming orders and Bills to customers (this work is presently done at another facility outside the City of Vernon). 2. They presently have approximately 47,800 square feet of aggregate building area used for storage, manufacturing and offices requiring 50 on site parking spaces. 3. The company presently has 38 employees using approxi- mately 24 vehicles to commute to work. There present- ly is no on-site parking and they rely strictly on street parking. There is about 620 ft. of street frontage and ample parking. (Under the proposed re- construction the company will increase their parking requirements from 50 to 59). They plan on providing 10 new on-site parking spaces along with the construc- tion which shall reduce the parking deficiency to 49 spaces. 1 4 . With the new construction, the number of employees will increase to 61, using approximately 42 vehicles to commute to work. Thirty-five (35) vehicles may be parked along the frontage which allows for approxi- mately 45 parking spaces available for employees. 5. There are no objections from the Police or Fire Depart- ments if the variance is granted. It was moved by Ybarra, seconded by McCormick, that the City council: 1. Receive and file the report from Victor Vaits, Deputy Director of Community Services, supporting his re- commendation for a variance to be granted to Koppers, Inc. 798 City Council Meeting Page 5 February 15, 1983 2. Hereby finds and determines that the evidence sub- mitted herein supports the following findings: a) No additional hazards or hardships will be intro- duced in the area if the request for a variance is granted; b) That the granting of the variance is within the guidelines of the City's General Plan and will be of general benefit to the City; 1 c) The granting of the variance will not impede the safe and economical movement of vehicular and pedestrian traffic over the public street system within the vicinity; 3. That the granting of the requesting variance is in accordance with Section 7.39 of the Vernon Municipal Code. 4. That the recommendation that a variance be granted from City Parking Ordihanc,~No. 801, Section 7.39 of the Vernon Municipal Code be granted to Koppers, Inc., located at 5431 District Blvd., subject to the follow- ing restrictions: a) The frontage along District Blvd., and Heliotrope Avenue be improved to Vernon Master Plan Standards; b) Ten new parking spaces be provided and maintained on the subject property. l\'Iotion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated February 10, 1983, was presented, transmitting a proposed agreement with Union Pacific Railroad Company for the modification of a traffic signal at Washington Blvd., and Hobart Yard Road and recommending execution of same. It was moved by Ybarra; seconded by Davis, that the recom- mendation of the City Administrator/City Clerk to execute an agreement with Union Pacific Railroad Company for the modifica- tion of a traffic signal at Washington Blvd., and Hobart Yard Road be approved and that the Mayor and City Clerk be authorized to execute said document. Motion carried. Communication from Bruce V. Malkenhorst, Director of Person- nel, dated February 15, 1983, recommending the following personnel actiohs be taken in the Fire Department: 1. Arnold deBoer to Acting Battalion Chief, Grade 4, effective February 20, 1983 (temporary assignment). 1 2 . Arthur Miekosz to Acting Captain, Grade 5, effective February 20, 1983 (temporary assignment). It was moved by Ybarra, seconded by Gonzales, that the re- commendation of the City Administrator/City Clerk to advance Captain Arnold deBoer and Firefighter Arthur Miekosz;, to "Acting" positions as indicated above in accordance with Resolution No. 2852, (temporarily), be approved effective January 20, 1983. Motion carried. Communication from Bruce V. Malkenhorst, Director of Person- , nel, dated February 15, 1983, was presented, transmitting the Minutes of the Personnel Committee Meeting held February 14, 1983, for approval of recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the Minutes of the Personnel Committee Meeting held February 14, 1983, be approved as written and the recommendations contained therein adopted. Motion carried. 799 City Council Meeting Page 6 February 15, 1983 Communication from Chief of Police L. A. Espinoza, dated February 14, 1983, was presented, requesting authority and funds for Lt. Ted Miller to attend the "Report Writing Instructors" course to be held at the Long Beach Police Academy, March 1 thru 4, 1983 with an expense allowance of $46.00. It was moved by Ybarra, seconded by Gonzales, that the recommendation of Police Chief Espinoza be approved and authority granted to issue warrant in the amount of $46.00 to Lt. Ted Miller for him to attend the "Report Writing Instructors" course at Long Beach Police Academy, March 1 thru 4, 1983. Motion carried. 1 Communication from Bruce V. Malkenhorst, Director of Finance dated February 14, 1983, transmitting the Minutes of the Finance Committee Meeting held February 7, 1983, for approval of recom- mendations contained therein was presented. It was moved by Ybarra, seconded by Davis, that the Minutes of the Finance Committee Meeting held February 7, 1983, be approved and recommendations contained therein be adopted. Motion carried. Communication from T. F. Reilly, Manager of the Concrete Divi- sion of Livingston-Graham, dated February 14, 1983, commending the Vernon Fire Department and Police Department for their imme- diate action and the professionalism they showed during the re- cent major accident which occurred on February 11, 1983 at Living- ston-Graham, was presented. It. was moved by McCormick, seconded by Gonzales, that the letter from T. F. Reilly, Manager of the Concrete Division of Livingston-Graham, be received and filed. Motion carried. Communication from Loretta Thompson Glickman, Mayor of Pasadena, dated January 31, 1983, was presented, regarding SB18, a bill which would create a permanent gap in the Long Beach Freeway, and asking that we oppose SB18. It was moved by McCormick, seconded by Ybarra, that the communication from the Honorable Loretta Glickman be received and filed. Motion carried. Communication from James S. Mize, Executive Officer of the Los Angeles County Board of Supervisors, dated February 11, 1983, was presented, advising that Supervisor Edelman's motion to support an increase in the State's cigarette and alco- hol taxes to that of the national average with the additional revenue to go into the State General Fund was unanimously adopted by all Supervisors. . I It was moved by McCormick, seconded by Gonzales, that the communication from James S. Mize, be received and filed. Motion carried. The City Administrator/City Clerk at this time made an in- formal announcement that he would like to congratulate the Mayor as he has just completed 27 years of service to the City and also Councilman Gonzales for completing 9 years of service to the City. . At this time, 3:40 P.M., the Mayor declared a 30 minute recess. The Council reconvened at 4:10 P.M. It was moved by Ybarra, seconded by McCormick, that the Council to go into Executive Session, the time being 4:10 P.M., under Attorney/Client privilege. Motion carried. All persons with the exception of the City Administrator/ City Clerk, the City Attorney and Lewis Adams were excused from Executive Session. 800 City Council Meeting Page 7 February 15, 1983 Mayor Malburg declared all communications to and from the Executive Session deemed private and confidential. Lewis Adams was excused at 5:15 P.M. At 6:00 P.M., it was moved by Gonzales, seconded by McCormick, that the Council go out of Executive Session and re- sume regular session. Motion carried. 1 It was moved by Ybarra, seconded by McCormick, that the claim received from the law offices of Gary P. Eisenberg on be- half of Pamela Walton for an accident occurring on January 5, 1983 at Slauson and State Street be denied and referred to CAS. Motion carried. It was moved by Ybarra, seconded by Davis, that the claim received from Rostagno, O'Sullivan & Reino (a law corporation) on behalf of Mr. Juan Antonio Flores be denied and referred to CAS. Motion carried. The City Administrator advised the City Council that former police officer Robert L. Uribe failed to continue to report for duty in response to the letter of November 5, 1981, advising Mr. Uribe that his letter of resignation was in violation of the terms and conditions of his employment agreement with the City of Vernon executed on March 28, 1980, and recommended that the City of Vernon institute litigation to recover funds which were spent by the City to train Mr. Uribe to be a police officer in reliance upon the employment agreement. It was moved by Gonzales, seconded by McCormick, that the City Attorney be instructed and authorized to institute litiga- tion against Robert L. Uribe pursuant to the employment agree- ment in order to recover funds expended by the City under said' agreement. 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. ~~~. Leonis C. Malbu g, Mayor ATTEST: /'1 / ,_d /# /7~ b~/~~/Y')" . I Bruce V. Malkenhorst, City Clerk 801