19840221 Regular City Council Meeting - Minutes
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL, HELD FEBRUARY 21,
1984, AT 3:00 P.M., IN THE COUNCIL CHAMBER
OF THE CITY HALL, LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick, Davis
I
MEMBERS ABSENT:
None
The meeting was called to order by Mayor Malburg.
The City Administrator/City Clerk indicated that Mr. L.A.
Espinoza, the Chief of Police, had recommended that Officer Jose
A. Castro be terminated from his employment with the City of Vern-
on effective on February 21, 1984, and that he be suspended with-
out pay from February 9, 1984 to February 21, 1984. He further
indicated that he had reviewed Mr. Espinoza's recommendations and
supporting documentation and supported the recommendations to ter-
minate Officer Castro. The City Administrator/City Clerk explain-
ed that Officer Castro had been informed of the recommendations
and that the City Council would consider these recommendations at
approximately 3:00 P.M., during the City Council meeting on Febru-
ary 21, 1984, and that he would be permitted to address the City
Council concerning the recommendations to terminate his employment
with the City.
Helen L. Schwab, Esq. from the law firm of Stillman, Greene &
Shinee addressed the Council and indicated that she had been retain-
ed by Officer Castro to represent him in this matter and requested
that the Council provide a full evidentiary due process hearing to
appeal the recommendations that her client, Officer Castro, be term-
inated from his employment with the City of Vernon.
The City Council discussed Ms. Schwab's request and after due
discussion it was moved by Gonzales, seconded by Davis, that the re-
quest for a full evidentiary due process hearing to appeal the re-
commendations be denied. Motion carried.
I
The Mayor further explained that it had been the policy of the
City that employees in the City did not have property rights and
therefore the City is not required to grant full evidentiary due pro-
cess hearings regarding issues respecting discipline and/or terminat-
ion but that all employees are permitted to address the Council in
open or closed session in respect to matters affecting discipline
and/or termination. The Mayor then requested whether Officer Castro
wished to address the Council in an open or closed session. Ms.
Schwab indicated that her client did not wish to address the Council
since he had already discussed the recommendations with.the Chief of
Police and thereupon left the Council meeting with her client.
It was moved by Ybarra, seconded by Davis, that the City Comci1's
cons1deration of the recommendations of the City Administrator/
City Clerk and the Chief of Police be referred to executive session
at the end of the meeting. Motion carried.
Communication from Bruce V. Ma1kenhorst, City Administrator/
City Clerk, dated February 15, 1984, recommending that the agreement
for janitorial services with Maintenance Management Company be term-
inated and requesting that the City Administrator/City Clerk be
allowed to negotiate for janitorial services for the balance of the
1983-84 fiscal year, was presented.
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It was moved by Gonzales, seconded by Ybarra, that the City
Council's consideration of the recommendation of the City Admini-
strator/City Clerk, that the agreement for janitorial services
with Maintenance Management Company be terminated and requesting
that the City Administrator/City Clerk be allowed to negotiate for
janitorial services for the balance of the 1983-84 fiscal year, be
deferred to the March 6, 1984 City Council Meeting. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the minutes
of the adjourned regular City Council Meeting held February 7, 1984,
be approved as written and submitted. Motion carried.
I
It was moved by Davis, seconded by Gonzales, that the minutes
of the Special City Council Meeting held February 14, 1984 be approv-
ed as written and submitted. Motion carried.
At this time, the Mayor presented a Service Pin Award to Council-
man Hilario Gonzales for his ten years of service to the City of
Vernon.
Warrant Register No. 638, covering claims and demands presented
during the period.February 1-15, 1984, which includes Demand Nos.
00101-00282 (both inclusive) excluding void Demand No. 00125, and
excluding Light and Power Demands drawn on the First Interstate Bank
totaling $106,180.31, (accounting period February 1984) was examined
and audited.
It was moved by Davis, seconded by Ybarra, that Warrant Register
No. 638, be approved and payment authorized for Demand Nos. 00101-
00282 (both inclusive), excluding void Demand No. 00125, and Light
and Power Demands, in the amount of $106,180.31, with no other ex-
ceptions. Motion carried.
Warrant Register No. 638, covering claims and demands presented
during the period February 1-15,1984, which includes Light and Power
Demand Nos. 00159, 00163, 00166, 00168, 00169, 00215,00216, 00217,
00218, 00219, 00227, 00239, 00246, 00247, 00267, 00273, 00280, 00281,
and 00282, totaling $4,449,769.18, (accounting period February 1984)
was examined and audited.
It was moved by McCormick, seconded by Gonzales, that Warrant
Register No. 638, be approved and payment authorized for the above
Light and Power Demands, in the amount of $4,449,769.18, with no ex-
ceptions. Motion carried. . Councilman Davis abstained.
I
Police Department Activity Log for the period February 1-15,
1984, was presented.
It was moved by Ybarra, seconded by Gonzales, that the Police
Department Activity Log for the period February 1-15, 1984 be re-
ceived and filed. Motion carried.
Health Department Report for the month of January, 1984, was
presented.
It was moved by ~1cCormick, seconded by Ybarra, th~t the Health
Department Report for the month of January, 1984 be received and
filed. Motion carried.
Communication from Victor Vaits, Director of Community Services,
dated February 14, 1984, recommending authority and funds for Fred
Tachovsky to attend the 1984 National Electrical Code Seminar on Code
Changes, in Irvine, March 3, 1984, with an expense allowance of $104.
00, was presented.
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I
It was moved by Ybarra, seconded by Davis, that the recommend-
ation of the Director of Community Services be approved and author-
ity be granted to issue a warrant to Fred Tachovsky, in the amount
of $104.00, to attend the 1984 National Electrical Code Seminar on
Code Changes, in Irvine, on March 3, 1984. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/
City Clerk, dated February 15, 1984, transmitting the minutes of
the Adjourned Regular Finance Committee Meeting held February 14,
1984, for approval of recommendations contained therein, was present-
ed.
It was moved by Gonzales, seconded by Davis, that the minutes
of the Adjourned Regular Finance Committee Meeting, held February
14, 1984 be approved as written and recommendations contained there-
in be adopted. Motion carried.
Communication from Bruce V. Ma1kenhorst, Director of Personnel,
dated February 15, 1984, recommending that Parking Enforcement Offic-
er Sylvia Moya1 not be held chargeable for her on duty accident
occuring on January 6, 1984, was presented.
It was moved by McCormick, seconded by Ybarra, that the re-
commendation of the Director of Personnel be approved and that Park-
ing Enforcement Officer Sylvia Moya1 not be held chargeable for her
on duty accident occuring on January 6, 1984. Motion carried.
Communication from Bruce V. Ma1kenhorst, Director of Personnel,
dated February 15, 1984, recommending that Ms. Martha Garcia be re-
imbursed $25.01, from the Education and Training Appropriation Fund
basedon her satisfactory completion of college courses taken in con-
nection with her position with the City, was presented.
It was moved by Gonzales, seconded by Davis, that the recommend-
be approved and authority be granted to issue a warrant to Martha
Garcia, in the amount of $25.01 from the Education and Training
Appropriation Fund based on her satisfactory completion of college
courses taken in connection with her position with the City. Motion
carried.
I
Communication from Bruce V. Ma1kenhorst, Director of Personnel,
dated February, 15, 1984, recommending that Lieutenant James Mason,
be reimbursed $100.00 from the Education and Training Appropriation
Fund for his satisfactory completion of courses taken in connection
with his position with the City, was presented.
It was moved by Ybarra, seconded by Gonzales, that the recommend-
ation of the Director of Personnel be approved and authority be grant-
ed to issue a warrant to James Mason, in the amount of $100.00 from
the Education and Training Appropriation Fund for his satisfactory
completion of courses taken in connection with his position with the
City. Motion carried.
Communication from Bruce V. Malkenhorst, Director of Personnel,
dated February 15, 1984, recommending that Detective Steven M. Towles
be advanced to the position of Sergeant, Grade IV, with a monthly
salary of $2,528.00 based on his finishing first in the recent serge-
ants promotional exam and his satisfactory job performance, effective
April 3, 1984, with a probationary period of eighteen months, was
presented.
It was moved by McCormick, seconded by Davis, that the recommend-
ation of the Director of Personnel, be approved and that Detective
Steven M. Towles be advanced to the position of Sergeant, Grade lV,
with a monthly salary of $2,528.00, based on his finishing first in
the recent sergeants promotional exam and his satisfactory job per-
formance, effective April 3, 1984, with a probationary period of
eighteen months .:Motioncarried.
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I
Communication from Bruce V. Malkenhorst, Director of Personnel,
dated February 16, 1984, advising that Officer Robert J. Crouch has
submitted a letter of resignation effective February 19, 1984 and
recommending that said letter of resignation be rejected on the basis
of his signing a 36 month employment agreement with the City of Vernon
on May 7, 1982, was presented.
It was moved by Ybarra, seconded by Gonzales, that the recommend-
ation of the Personnel Director be approved and that the letter of
resignation effective February 19, 1984 submitted by Officer Robert
J. Crouch be rejected on the basis of his signing a 36 month employ-
ment agreement with the City of Vernon on May 7, 1982. Motion carri-
ed.
Communication from Bruce V. Malkenhorst, Director of Personnel,
dated February 15, 1984, advising that Officer Arthur DeClercq has
submitted a letter of resignation effective February 13, 1984,re-
commending that said resignation be accepted, was presented.
It was moved by McCormick, seconded by Davis, that the recommend-
ation of the Director of Personnel be approved and that the letter of
resignation, effective February 13, 1984, submitted by. Officer Arthur
DeClercq be accepted. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/
City Clerk, dated February 15, 1984, recommending authority and
funds for himself and Councilman Thomas Ybarra to attend the Californ-
ia Municipal Treasurers Association 25th Annual Seminar, in San Jose
April 24-28, 1984, with an expense allowance of $745.00, was present-
ed.
It was moved by Davis, seconded by Gonzales, that the recommend-
atianof the City Agministrator/City Clerk.,be approved and authority be_granted .
to issue warrants, in the amou11.t of $745.00, to Bruce V. Malkenhorst,
and Thomas A. Ybarra, to attend the California Mu~icipal Treasurers
Association 25th Annual Seminar, in San Jose. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/
City Clerk, dated February 16,1984, advising of.a request received
from Mr. William Kitching, Vice President of Tomco Carburetor Company,
4330 East 26th Street, for a variance from the 1979 Edition of the
Uniform Building Code to construct a property line opening between
their building and the building located at 4306 East 26th Street,
and recommending that the variance be granted contingent upon the
following conditions:
I
1. The opening in each building be protected with a three hour
.fire door.
2. Upon change of occupancy the opening must be closed and the
respective walls restored to their original condition.
This request has been reviewed by the Fire Department.
It was moved by Gonzales, seconded by McCormick, that the re-
commendation of the City Administrator/City Clerk be approved and
that~variance be granted to Mr. William Kitching, Vice President of
Tomco Carburetor Company contingent upon the above conditions. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of Personnel,
dated February 16, 1984, recommending that Officer R. W. Tinkler,
Officer H. S. Coolidge, and Officer K. J. Pike be sent to Defensive
Driving School at Golden West College, February 27-29, 1984, at a
cost of $204.00 per student which is reimbursable by P.O.S.T, was
presented.
It was moved by Ybarra, seconded by Davis, that th7 recommendat- .
ion of the Director of Personnel be approved and authorl.ty be granted
to issue warrants in the amount of $204.00 to R. W. Tinkler, H. S.
Coolidge and K. J. Pike to attend Defensive Driving School at Golden
West College, February 27-29, 1984. Motion carried.
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Communication from Bruce V. Malkenhorst, City Administrator/
City Clerk, dated February 16, 1984, advising that the building
department fees have been reviewed by the Director of Community
Services and recommending that the various fees be increased by
approximately 25% (which reflects the increase in the Consumer
Price Index) and that a resolution be adopted establishing the
new fee schedule. The City Administrator/City Clerk also re-
commends that the following fees also be included:
I
Temporary trailer permit:
First year
Subsequent permit
Conditional use permit
(filing fee)
$ 300
$ 600
$1,500
It was moved by Ybarra, seconded by Gonzales, that the re-
commendations ,of the City Administrator/City Clerk be approved
and the communication be received and filed. Motion carried.
RESOLUTION NO. 5086 - A Resolution of the City Council of
the City of Vernon Establishing Fees For Building, Electrical,
Plumbing; Heating, Ventilating, Cooling, Refrigeration And Fire
Prevention Permits Issued By The City Of Vernon And For Special
Inspections, Certificates of Occupancy, Temporary Use Of Commerc-
ial Coaches, Conditional Use Permits And For Review And Approval
Of Tentative Parcel Maps For Division Of Property And To Repeal
Resolution Nos. 4740 And 4766, was presented.
It was moved by Gonzales, seconded by Davis, that Resolution
No. 5086 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
Gonzales, Davis, Malburg, McCormick, Ybarra
None
None
ORDINANCE NO. 948 - An Ordinance of the City Council of the
City of Vernon Amending The Code Of The City Of Vernon, California
1949, By Adding Section 7.9201 To Said Code Regarding The Establish-
ment Of Variance Fees And Repealing All Ordinances In Conflict
Therewith was read by title for a first reading.
It was moved by McCormick, seconded by Ybarra, that Ordinance
No. 948 receive and pass a first reading. Motion carried.
AYE S :
NOES:
Absent:
McCormick, Ybarra, Malburg, Davis, Gonzales
None
None
I
Communication from Bruce V. Malkenhorst, City Administrator/
City Clerk, dated February 16, 1984, advisil1.g that the city's General
Plan is in need of several changes in order to comply with state law
and submitting a copy of the proposal to update the Vernon General
Plan and recommending that authority be granted to engage the serv-
ices of Donald A. Cotton Associates for the purpose of updating Vern-
on's General Plan, was presented.
It was moved by McCormick, seconded by Ybarra, that the re-
commendation of the City Administrator/City Clerk be approved and the
copy of the proposal to update the Vernon General Plan be received
and filed. Motion carried.
RESOLUTION NO. 5087 - A Resolution of the City Council of the
City of Ve~non Approving And Authorizing The Execution Of A Profess-
ional Services Agreement For Updating The Vernon General Plan By And
Between The City Of Vernon And Donald A. Cotton Associates, was pre-
sented.
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It was moved by Gonzales, seconded by Davis, that Resolution
No. 5087 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
Gonzales, Davis, Malburg, Ybarra, McCormick
None
None
I
Connnunication from Victor H.. Vaits, Director of Connnunity
Services, dated February 15, 1984, transmitting for consideration
a fully executed Grant Deed from Garrett Freightlines, Inc, which
covers two parcels of land located near the southeast corner of
Bandini Boulevard and Downey Road and reconnnending that said Grant
Deed be accepted and the Certificate of Acceptance be approved with
the Mayor and City Clerk authorized to execute same, was presented.
It was moved by Gonzales, seconded by Ybarra, that the connnuni-
cation from the Director of Connnunity Services be received and filed.
Motion carried.
It was moved by Davis, seconded by McCormick, that the reconnnend-
ation of the Director of Connnunity Services be approved and that the
executed Grant Deed from Garrett Freightlines, Inc. be accepted and
the Certificate of Acceptance be approved with the Mayor and the City
Clerk authorized to execute same. Motion carried.
Connnunication from David B. Brearley, City Attorney, dated Feb-
ruary 15, 1984, regarding the Memorandum of Understanding Concerning
Power From The Hoover Uprating and advising that the cities of Bur-
bank, Pasadena, Glendale, Azusa, Banning, Colton, Riverside, and Ver-
non have negotiated a connnon position to be presented to the Western
Area Power Administration (WAPA) concerning the allocation of power
produced by the uprating of the generation equipment and .reconnnending
that the City Council approve this connnon position and authorize the
Chief Executive Officer to execute the Memorandum of Understanding
Concerning Power From The Hoover Uprating on behalf of the city, was
presented.
I
It was moved by Ybarra, seconded by Gonzales, that the reconnnend-
ation of the City Attorneyto.a~~ept,::this connnon position be approved
and that the Chief Executive Officer be authorized to execute the
Memorandum of Understanding Concerning Power From The Hoover Uprating
on behalf of the City of Vernon. Motion carried. Councilman Davis ab-
stained.
Connnunication from BruceV. Malkenhorst, City Administrator/City
Clerk, dated February 16, 1984, advising that the encroachment and
license fees have been reviewed by the Director of Connnunity Services
and reconnnending that the fees be increased approximately 25% (which
reflects the increase in the Consumer Price Index) and that a resolut-
ion be adopted establishing the new fee schedule, was presented.
RESOLUTION. NO; 5088_-A Resolution oftbe.CityGouncil of the
City of Vernon Establishing And. Adopting An Encroachment Fee And De-
posit Schedule And A License And Franchise Fee Schedule Pursuant To
Chapter 22, Article VI Of The Code Of The City of Vernon, California
1959 And Repealing Resolution No. 4699, was presented.
It was moved by Gonzales, seconded by Ybarra, that the connnuni-
cation from the City Administrator/City Clerk be received and filed
and that Resolution No. 5088 be approved and adopted. Motion carried.
AYES:
NOES:
Absent;
Gonzales, Ybarra, Malburg, Davis, McCormick
None
None
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Communication from Bruce V. Malkenhorst, City Administrator/
City Clerk, dated February 21, 1984, recommending authority and
funds for Mayor Pro Tern Thoma A. Ybarra to attend the "March on
the Capitol" in Sacramento, on February28, 1984, with an expense
allowance of $250.00, was presented.
I
It was move by Davis, seconded by Gonzales, that the recommend-
ation of the City Administrator/City Clerk be approved and authority
be granted to issue a warrant to Thomas A. Ybarra, in the .amount of
$$250,00, to attend the "March on the Capitol" in Sacramento, on
February 28, 1984. Motion carried.
At 5:30 P.M., it was moved by Ybarra, seconded by Davis, that
the City Council go into executive session under Government Code
Section 54957. Motion carried.
All persons with the exception of the City Administrator/City
Clerk, City Attorney and Police Chief Espinoza were excluded from
the executive session.
Mayor Malburg declared all communications to and from the exe-
cutive session deemed private and confidential.
Police Chief Espinoza was excused at 6:02 P.M.
At 6:05 P.M., it was moved by McCormick, seconded by Ybarra,
that the City Council go out of executive session and resume regular
session. Motion carried.
It was moved by McCormick, seconded by Gonzales, that the re-
commendations of the Cheif of Police and the City.Administrator/City
Clerk to terminate Officer Jose A. Castro from his employemnt with
the City effective February 21, 1984, and that he be suspended with-
out pay from February 9, 1984 to February 21, 1984, be approved.
Motion carried.
At 6:06 P.M., it was moved by Ybarra, seconded by McCormick,
that the City Council go into executive session under Attorney/
Client privilege. Motion carried.
All persons with the exception of the City Administrator/City
Clerk and the City Attorney were excluded from the executive session.
Mayor Malburg declared all communications to and from the exe-
cutive session deemed private and confidential.
Councilman Davis was excused at 6:25 P.M.
I
At 6:25 P.M., the Mayor declared a recess.
At 6: 55 P.M., the City Council reconvened in executive session, all
members present before the recess, again being present.
At 8:10 P.M., it was moved by McCormick, seconded by Ybarra,
that the City Council go out of executive session and resume regular
session. Motion carried.
It was moved by Ybarra, seonded by McCormick, that the timely
claim received from Ms. Joanne K. Bonde be denied. Motion carried.
It was moved by Gonzales, seconded by McCormick, that the timely
claim received from Allstate Insurance Subrogee for Ms. Joanne K.
Bonde be denied. Motion carried.
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It was moved by Ybarra, seconded by McCormick, that the
counter offer accepted by Travelers Companies, Subrogee for
Grace Garcia on a claim received January 10, 1984, be approv-
ed and authority be granted to issue a warrant to Travelers
Companies, in the amount of $455.89. Motion carried.
I
The City Attorney presented a Letter of Intent to the
City Council which provided that the City of Vernon and Sun-
law Energy Corporation agree to negotiate a formal binding
agreement in accordance with the principles contained in said
Letter of Intent. He indicated that this Letter of Intent
had been under extensive negotiations for a long period and
recommended that the City Council approve said Letter of In-
tent and authorize the Mayor to execute said document.
It was moved by Gonzales, seconded by Ybarra, that the
Letterof.......Intent be approved and the Mayor be authorized to
execute said Letter of Intent. Motion carried.
RESOLUTION NO. 5084 - A Resolution of the City Council
of the City of Vernon Commending Ted L. Miller For His Many
Years Of Service To The City Of Vernon, was presented.
It was moved by McCormick, seconded by Ybarra, that Re-
solution No. 5084 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
McCormick, Ybarra, Malburg, Gonzales
None
Councilman Davis
There being no further business to come before the City
Council, it was moved by Ybarra, seconded by McCormick, that
the meeting be adjourned. Motion carried.
~~.
.- ~ IS C. MALBURG, ayor
ATTEST:
~~
I
BRUCE V. MALKENHORST, City Administrator/
City Clerk
963
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 FEBRUARY 21, 1984 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 3:00 P.M.,
FEBRUARY 21, 1984
IN THE COUNCIL CHAMBERS OF THE CITY HALL.
~.. .~(/J7~
Bruce V. Malkenhorst
City Clerk
By~~~
Lois J. Hilton .
Chief Deputy City Clerk
I
. .
...
-
,.
AFFIDAVIT OF POSTING
State of California )
County of Los Angeles) SS
City of Vernon )
I, BRUCE V. MALKENHORST, City Clerk of the Gity of Vernon,
do hereby certify that I did, on the 21st day. of February, 1984 , at
~~
2: 00 P. M. ,post Notice ~f Adj ournment of a regular meeting of. the.
City Council
of the City <i)f Vernon, copy attached hereto, at
a conspicuous place on or near the door of the place at which said
meetingof February 21, 1984
, was held.
~~Y
Subscribed and sworn to before me
this 22 day of February
1984 .
Notary Public in and. for the County of
Los Angeles, State of California
'--1>
OFFIC;IAL SEAL
LOIS J HILTON
NOTARY PUBLIC - CALIFORNIA \
LOS ANGELES CDUN,y
My comm. expires APRG,
ell 90053