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19850507 Regular City Council Meeting - Minutes MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, HELD MAY 7, 1985, AT 5:00 P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. 1 It was moved by Ybarra, seconded by Davis, that the min- utes of the Adjourned Regular City Council Meeting held April 16, 1985, be approved as written and submitted. Motion carried. At this time, the Mayor presented Service Pin Awards to the following employees: Robert Graham Art Morales Steve Towles 25 Years 5 Years 5 Years Lewis Adams accepted on behalf of Art Morales and Chief Espinoza accepted on behalf of Robert Graham and Steve Towles. At this time, Mayor Malburg declared that the Public Hearing to consider the Reorganization of Territories Desig- nated as "Reorganization 1-84, Parcels 1, 2 and 3" pursuant to the District Reorganization Act of 1965 was open. The Mayor asked Victor Vaits, Director of Community Serv- ices, if he had evidence to submit for the public hearing and to briefly explain his recommendations. The Director of Community Services submitted as evidence, Affidavit of Posting of Public Hearing, Proof of Publication of Resolution No. 5181, and Report on Reorganization 1-84, Parcels 1, 2 and 3 and recommended that a Resolution be adopted to finalize the transfer. Mayor Malburg asked if there were any comments, questions or testimony from the audience. Mayor Malburg asked the City Attorney if he had any comments. 1 The City Attorney recommended that the evidence submitted for the Public Hearing by the Director of Community Services be received and filed as evidence. Mayor Malburg declared the Public Hearing on the Reorgan- ization of Territories Designated as "Reorganization of 1-84, Parcels 1, 2 and 3" pursuant to the District Reorganization Act of 1965, closed. It was moved by McCormick, seconded by Gonzales, that the recommendation of the Director of Community Services be ap- proved and that the Affidavit of Posting of the Public Hearing, Proof of Publication of Resolution No. 5181 - Initiating Proce- edings For Reorganization, and Report on "Reorganization 1-84, Parcels 1, 2 and 3" be received and filed as evidence. Motion carried. The Mayor asked if there was a motion to approve and adopt Resolution No. 5184. Resolution No. 5184 was read by title by the City Adminis- trator/City Clerk. 1153 =2= 5/7/85 RESOLUTION NO. 5184 - A Resolution Of The City Council Of The City Of Vernon Ordering The Reorganization Of Ter- ritories Designated As "Reorganization 1-84, Parcels 1, 2 and 3" Pursuant To The District Reorganization Act of 1965, was presented. It was moved by Ybarra, seconded by McCormick, that Res- olution No. 5184 be approved and adopted. Motion carried. AYES: NOES: ABSENT: Malburg, Ybarra, McCormick, Davis, Gonzales None None 1 Police Department Activity Log for the period April 16-30, 1985r was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period April 16-30, 1985, be received and filed. Motion carried. Fire Department Activity Log for the period April 16-30, 1985, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Log for the period April 16-30, 1985, be received and filed. Motion carried. Communication dated April 2, 1985 from City of Vista Mayor R. Michael Flick, and Assistant City Manager Chuck Hale, transmitting a copy of the City of Vista Resolution, No. 85-67 which supports Assembly Bill 2483 which establishes the Cali- fornia Main Street Program and requesting the City of Vernon's support of same, was presented. It was moved by Ybarra, seconded by Gonzales that the communication, dated April 2, 1985, from the City of Vista transmitting a copy of the City of Vista Resoluti.on No. 85-67 be deferred to the next City Council meeting. Motion carried. Communication from L. A. Espinoza, Chief of Police, dated April 16, 1985, recommending authority and funds for Jim Wohlt to attend the P.O.S.T. Sergeants Supervisory school in Whittier, June 16-28, 1985, with an expense allowance of $120.50, was prese~ted. It was moved by Ybarra, seconded by Davis, that the rec- ommendation of the Chief of Police be approved and a warrant in the amount of $120.50 be issued to Jim Wohlt to attend the P.O.S.T. Sergeants Supervisory School in Whittier, June 16-28, 1985. Motion carried. 1 Request from Mr. Ray Ramos, Veterans Service Representa- tive of the State of California Employment Development Depart- ment, that the city of Vernon City Council proclaim the week of May 5-11, 1985 as "Hire A Veteran Week"r was presented. PROCLAMATION - A Proclamation Of The Mayor Of The City Of Vernon Proclaiming May 5-11, 1985 As California "Hire A Veteran Week" . It was moved by Gonzales, seconded by Ybarra, that the Proclamation issued by the Mayor of the City of Vernon be approved. Motion carried. 1154 =3= 5/7/85 Communication from L. A. Espinoza, Chief of Police, dated April 22, 1985, recommending authority and funds for James Mason to attend the International Association of Bomb Technicians and Investigators Training Conference in Reno, Nevada, May 19-24, 1985, with an expense allowance of $657.75, was presen ted. It was moved by McCormick, seconded by Davis, that the recommendation of the Chief of Police be approved and a war- rant be issued to James Mason in the amount of $657.75 to attend the International Association of Bomb Technicians and Investigators Training Conference in Reno, Nevada, May 19-24, 1985. Motion carried. 1 Communication from Victor Vaits, Director of Community Services, dated April 22, 1985, advising that the bids for Contract 467 have been reviewed and hereby recommends that said contract be awarded to Vernon Paving Company of 2544 Woodland Drive, Anaheim, California, 92801, based on their bid in the amount of $352,352.00. RESOLUTION NO. 5185 - A Resolution Of The City Council Of The City Of Vernon Accepting The Bid Of Vernon Paving Company For Boyle And Fruitland Avenue Resurfacing, 26th and 46th Street Storm Drain Construction In Accordance with Contract No. 467 Of The City Of Vernon And Approving The Execution Of Said Contract, was presented. It was moved by Ybarra, seconded by Gonzales, that Res- olution No. 5185 be approved and adopted. AYES: NOES: ABSENT: Ybarra, Gonzales, Malburg, Davis, McCormick None None Communication from Bruce V. Malkenhorst, City Adminis- trator/City Clerk, dated April 23, 1985, recommending autho- rity and funds for he and Mayor Pro-tern Thomas A. Ybarra to attend the California Contract Cities Association's 26th Annual Municipal Seminar in Palm Springs, California, May 29-June 1, 1985, with an expense allowance of $441.00 each, was presented. It was moved by McCormick, seconded by Davis, that the recommendation of the City Administrator/City Clerk be ap- proved for Bruce V. Malkenhorst and Thomas A. Ybarra to attend the California Contract Cities Association's 26th Annual Municipal Seminar in Palm Springs, California, May 29-June 1, 1985, with an expense allowance of $441.00 each. Motion carried. 1 Communication from Bruce V. Malkenhorst, City Adminis- trator/City Clerk, dated April 23, 1985, recommending autho- rity and funds for Councilmen William J. Davis and William M. McCormick and City Attorney, David B. Brearley, to attend the California Contract Cities Association's 26th Annual Municipal Seminar in Palm Springs, California, May 29-June 1, 1985, with an expense allowance of $789.00 each, was presented. It was moved by Gonzales, seconded by Ybarra, that the recommendation of the City Administrator/City Clerk be ap- proved for William J. Davis, WilliamM. McCormick and David B. Brearley to attend the California Contract Cities Association's 26th Annual Municipal Seminar in Palm Springs, California, May 29-June 1, 1985, with an expense allowance of $789.00 each. Motion carried. 11$5 =4= 5/7/85 Warrant Register No. 668, covering claims and demands presented during the period of April 16-30, 1985, which in- cludes Demand Nos. 4544-4695 (both inclusive), excluding void Demand Nos. 4576, 4577, 4578,4664 and 4669 and Light and Power Demands, drawn on the First Interstate Bank, totaling $980,940.68 (accounting period May 1985), was examined and audited. It was moved by Davis, seconded by McCormick, that War- rant Register No. 668 be approved and payment authorized for Demand Nos. 4544-4695 (both inclusive), excluding void Demand Nos. 4576, 4577, 4578, 4664 and 4669 and Light and Power De- mands, in the amount of $980,940.68, with no other exceptions. Motion carried. 1 Warrant Register No. 668, covering claims and demands presented during the period April 16-30, 1985, which includes Light & Power Demand Nos. 4544, 4547, 4556, 4568, 4572, 4575, 4586, 4589, 4608, 4612, 4613, 4615, 4618,4626, 4634, 4645, 4646, 4647, 4653, 4656, 4658, 4666, 4670, 4672, 4677, 4682, 4684, and 4690, drawn on the First Interstate Bank totaling $263,348.48 (accounting period May 1985), was examined and audited. It was moved by Gonzales, seconded by Ybarra, that War- rant Register No. 668, be approved and payment authorized for Light & Power Demand Nos. 4544,4547, 4556, 4568, 4572, 4575, 4586. 4589, 4608, 4612,. 4613, 4615, 4618, 4626, 4634, 4645, 4646, 4647, 4653, 4656, 4658, 4666, 4670, 4672, 4677, 4682, 4684, and 4690, in the amount of $263,348.48, with no excep- tions. Councilman Davis is abstaining from voting on the above motion and is disqualifying himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Motion carried. Payroll Warrant Register No. 343, covering claims and demands presented during the period March l7-April 13, 1985, which includes Demand Nos. 4171-4189 (both inclusive), drawn on the Crocker National Bank totaling $627,940.20 (accounting period April 1985), was examined and audited. It was moved by Ybarra, seconded by McCormick, that Pay- roll Warrant Register No. 343, be approved and payment author- ized for Demand Nos. 4171-4189 (both inclusive), in the amount of $627,940.20, with no exceptions. Motion carried. 1 Communication from Victor Vaits, Director of Community Services, dated April 30, 1985, advising that I.C. Industries, Inc., has submitted Parcel Map No. 16858 for investigation and report, in accordance with the Subdivision Map Act and transmit- ting as evidence: Print of Parcel Map No. 16858, Report on Parcel Map No. 16858, and excerpts from the subdivision Map Act. It is the opinion of the Director of Community Services that such evidence supports a finding that the proposed parcel map is consistent with the General Plan as adopted by the City and hereby recommends that Parcel No. 16858 be approved. It was moved by Davis, seconded by Ybarra, that the Report on Parcel Map No. 16858, and excerpts from the subdivision Map Act, submitted be received and filed as evidence and that the proposed Parcel Map No. 16858 be approved as the evidence submitted supports a finding that it is consistent with the General Plan of the City of Vernon. Motion carried. 1156 =5= 5/7/85 Communication from Peter K. O'Rourke, Director of Cali- fornia Office of Traffic safety, requesting the support of the City Council in proclaiming May 19-25, 1985 as Traffic Safety Week in the City of Vernon, was presented. PROCLAMATION - A Proclamation Of The Mayor Of The City Of Vernon Proclaiming The Week Of May 19-25, 1985, As Calif- ornia Traffic Safety Week. It was moved by Gonzales, seconded by Ybarra, that the Proclamation issued by the Mayor of the City of Vernon be approved. Motion carried. 1 Communication from Bruce V. Malkenhorst, City Clerk, dated May 2, 1985, advising that a computation has been made to determine the Energy Cost Adjustment Billing Factor for the next three month period in accordance with Ordinance No. 911. The computation has determined that the new factor is a negative 1.392~ per kilowatt hour and it is hereby recom- mended that this new factor be approved to be effective May 7, 1985, was presented. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk, dated May 2, 1985, advising that a computation has been made to determine the Energy Cost Adjustment Billing Factor for the next three month period be received and filed. RESOLUTION NO. 5186 - A Resolution Of The City Council Of The City Of Vernon Changing The Energy Cost Adjustment Billing Factor Charged For Electrical Energy Distributed And Supplied To Its Electrical Consumers, was presented. It was moved by McCormick, seconded by Davis, that Res- olution No. 5186 be approved and adopted. Motion carried. AYES: NOES: ABSENT: McCormick, Davis, Malburg, Gonzales, Ybarra None None 1 Communication from Bruce V. Malkenhorst, City Clerk, dated May 2, 1985, advising of receipt of a request from B.J. Moore of Conservtech on behalf of Clougherty Packing Company, for a variance from Section 506b of the Uniform Building Code, unlimited area. This section states that one and two story buildings that are sprinklered and surrounded by 60 ft. yards can be of unlimited size. A 17,220 square foot area of the building is three stories and the existing hog pens encroach on a portion of the required 60 ft. side yard. The request has been reviewed by both the Director of Community Services and the Fire Department and it is hereby recommended that said variance be granted for unlimited building area with the following conditions: 1. All frontage along Soto Street shall be improved to the standards as established by the City of Vernon. This includes curbs, gutters, driveways, sidewalks, sidewalk separation walls, and 40 foot curb return. 2. All truck loading and unloading operations along Soto Street must be eliminated. 3. All conditions must be implemented within two (2) years or upon completion of building shown in Exhibit "A"i whichever is earliest. 1157 =6= 5/7/85 It was moved by McCormick, seconded by Davis, that the request from Conservtech on behalf of Clougherty Packing Company for a variance from Section 506b of the Uniform Building Code, unlimited area, be granted contingent upon the above conditions. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 2, 1985, transmitting the minutes of the Adjourned Regular Finance Committee Meetings held April 23, 1985 and April 29, 1985, for approval of recommendations contained therein. 1 It was moved by Gonzales, seconded by Ybarra, that the minutes of the Adjourned Regular Finance Committee Meetings held April 23, 1985 and April 29, 1985, be approved as written and recommendations contained therein be adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 7, 1985, transmitting the minutes of the Personnel Committee Meeting held May 6, 1985, for ap- proval of recommendations contained therein, was presented. It was moved by McCormick, seconded by Davis, that the minutes of the Personnel Committee Meeting held May 6, 1985, be approved as written and recommendations contained therein be adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 7, 1985, transmitting the minutes of an Adjourned Regular Finance Committee Meeting held April 30, 1985 for review and approval. It was moved by Ybarra, seconded by Davis, that the minutes of the Adjourned Regular Finance Committee meeting held April 30, 1985, be approved. Motion carried. Communication from Eric Weber, President of Paymasters, dated April 24, 1985, requesting an audience with the City Council and until this audience is possible, he is requesting a waiver of the ordinance pertaining to the licensing for mobil check cashing services, was presented. It was moved by McCormick, seconded by Ybarra, that the communication from Eric Weber of Paymasters, dated April 24, 1985, requesting an audience with the City Council and until this audience is possible, he is requesting a waiver of the ordinance pertaining to the licensing for mobil check cash- ing services be referred to the Police Department. Motion carried. 1 The Mayor asked if anyone in the audience would like to address the Council. Ben Davis from California Currency Exchange Limited, ad- dressed the City Council in reference to the licensing for mobil check cashing services. At 6:01 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 execu- tive session. Mayor Malburg declared all communications to and from the executive session deemed private and confidential. At 6:23 p.m., Councilman Davis was excused. At 6:42 p.m., Councilman Davis resumed his seat on the Council. 1158 =7= 5/7/85 At 6:43 p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go out of executive session and resume regular. session. Motion carried. 1- The City Attorney explained to the City Council that Employers Reinsurance Corporation, the City's insurance carrier for exposure in excess of $100,000, was not ac- cepting the claim presented by the City in respect to the workers' compensation case of Keith Slifka and further indicated that Employers Reinsurance Corporation claimed that they had not received timely notification of the Slifka claim and indicated that CDS of California, the City's former workers' compensation administrator, had the primary responsibility to provide timely notification to the Employers Reinsurance Corporation. Therefore, the City Attorney recommended that the City file a declaratory relief action against the Employers Re- insurance Corporation and CDS of California in order to determine responsibility for the Slifka claim. It was moved by Ybarra, seconded by McCormick, that the City Attorney be authorized to file a declaratory relief action against Employers Reinsurance Corporation and CDS of California. Motion carried. There being no further business to come before the City Council, it was moved by McCormick, seconded by Davis, that the meeting be adjourned. Motion carried. ~~0. . EQNIS C. MALB RG, Ma~ ATTEST: h ~d . / " ~r 1 BRUCE V. MALKENHORST, City Administrator/ City Clerk 1159 28 1 AFFIDAVIT OF POSTING 2 STATE OF CALIFORNIA ) ) 3 COUNTY OF LOS ANGELES) SS ) 4 CITY OF VERNON ) 5 I, BRUCE V. MALKENHORST, City Clerk of the City 6 of Vernon, do hereby certify that I did, on the 7th day of 7 Mqy , 19.J3j,.,post three (3) copies of PUBLIC NOTICE Appropriation Limitation for 1985-86, Pursuant to Government Code Will be establishe~ at . $18.297.731. for the City of Vernon , 8 9 one in each of the following places, to wit: At the northwest 10 corner of 38th Street and Santa Fe Avenue, at the northeast cor- 11 ner of Leonis Boulevard and Pacific Boulev.ard, and on the bulletin 12 board in the lobby of tJ:1e City Hall of the City of Vernon, locat- 13 ed at 4305 Santa Fe Avenue, all in said City ,there being no 14 newspaper of general circulation printed and published in the 15 of Vernon. 16 17 Signed this 7th day of May , 19.&i,. B~~~~~ 18 19 20 21 Subscrihed and Sworn to before'me this 7t-h day 0 f M,gy, 19...as... Notary ~~iA~t~~C;unty or Los Angeles, State of California. 22 23 24 25 26 27 OFFICIAL SEAL LOIS J HILTON , NOTARY PUBLIC - CALIFORNIA \ LOS ANGELES COUNTY' My_comm, expires APR 6, 2:8:~ 4aos Santa Fe Avenu~ Vemllllt CA lQDU 1 CITY OF VERNON PUBLIC NOTICE THE APPROPRIATION LIMITATION FOR 1985-1986, PURSUANT TO GOVERNMENT CODE 7910, WILL BE ESTABLISHED AT $18,297,731, FOR THE CITY OF VERNON. DOCUMENTATION USED IN THE DETERMINATION OF THE APPROPRIAT- ION LIMIT IS AVAILABLE FOR INSPECTION BY THE PUBLIC AT THE VERNON CITY HALL, FINANCE DEPARTMENT, 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058, MONDAY THRU THURSDAY, 7:00 A. M. TO 5:30 P. M. 6~/41~ BRUCE V. MALKENHORST, CITY CLERK DATED: MAY 7, 1985 1 AFFIDAVIT OF POSTING State of California ) County of Los Angeles ) City of Vernon ) I, Bruce V. Malkenhorst, City Clerk of the City of day of Vernon, do hereby certify that I did, on the 7th May. 1985 post Notice of Adjournment of the meeting of the City Council of the City of Vernon, a copy of which is attached hereto, at a conspicuous place on or May 7, 1985 near the door of the place at which said meeting of , was to be held. L ~ Bruce V. Malkenhorst, City Clerk Subscribed and sworn to before me this 7th day of May, 1985 ~ ' 'd'/~ Notary Pub ic in and for the County Los Angeles, State of California OFFICIAL SEAL LOIS J HILTON NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My comm. expires A~ 6, 1~~ 4305 Santa Fe Avenue, Vernon, CA 90058 of 1 1 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 ~~Y 7, 1985 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 5:00 P.M., MAY 7, 1985 IN THE COUNCIL CHAMBERS OF THE CITY HALL. L /~ Bruce V. Malkenhorst City Clerk