19851015 Regular City Council Meeting - Minutes
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL, HELD OCTOBER 15,
1985 AT 4:45 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
I
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, and seconded by Gonzales, that the
minutes of the Adjourned Regular City Council Meeting held
October 1, 1985, be approved as written and submitted.
Motion carried.
Ordinance No. 956 - An Ordinance of the City Council of the
City of Vernon Authorizing the Issuance of Hoover Uprating Project
Revenue Bonds by Southern California Public Power Authority,
was read by title for a second and final reading.
It was moved by Gonzales, seconded by Ybarra, that Ordinance
No. 956 receive and pass a second and final reading and be
adopted. Motion carried.
AYES:
NOES:
ABSENT:
Malburg, Ybarra, Davis, Gonzales, McCormick
None
None
Ordinance No. 957 - An Ordinance of the City Council of the
City of Vernon the Authorizing the Issuance of Notes by Southern
California Public Power Authority, was read by title for a second
and final reading.
It was moved by Davis, seconded by Gonzales, that Ordinance
No. 957 receive and pass a second and final reading and be
adopted. Motion carried.
AYES:
NOES:
ABSENT:
Malburg, Ybarra, Davis, Gonzales, McCormick
None
None
I
Ordinance No. 955 - An Ordinance of the City Council of the
City of Vernon Authorizing An Amendment to the Contract Between
the City Council of the City of Vernon and the Board of
Administration of the Public Employees' Retirement System
("PERS"), was read by title for a first reading.
It was moved by Ybarra, seconded by Davis, that Ordinance
No. 955 receive and pass a first reading. Motion carried.
AYES:
NOES:
ABSENT:
Malburg, Ybarra, Davis, Gonzales, McCormick
None
None
Communication from David B. Brearley, City Attorney, dated
September 30, 1985, was presented, requesting authority and funds
to attend the American Public Power Association's Annual Legal
Seminar in San Diego, November 11 to 12, 1985, with an expense
allowance of $652.
It was moved by Gonzales, seconded by Davis, that the
request of the City Attorney be approved and authority be
granted to issue a warrant to David B. Brearley in the amount
of $652 to attend the American Public Power Association's
Annual Legal Seminar in San Diego, November 11 to 12, 1985.
Motion carried.
01213
City Council Minutes
page 2
October 15, 1985
Report from the City Attorney concerning the Industrial
Disability Retirement of Fire Engineer Carl Graffio, dated
October 15, 1985, was presented.
I
RESOLUTION NO. 5220 - A Resolution Of The City Council Of
The City Of Vernon Determining The Disability Retirement Of
Carl Graffio, A Local Safety Member Employed By The City Of
Vernon (Sections 21024 & 21025 of the Government Code),
was presented.
It was moved by Ybarra, seconded by Gonzales, that the
matter of the industrial disability retirement of Fire
Engineer Carl Graffio be deferred to Closed Session. Motion
carried.
WARRANT REGISTER NO. 679 - covering claims and demands
presented during the period October 1 thru 15, 1985, which
includes Demand Nos. 6260 thru 6427 (both inclusive) excluding
Light and Power Demands drawn on the First Interstate Bank
totaling $166,786.50 (accounting period October, 1985), was
examined and audited.
It was moved by Davis, seconded by McCormick, that Warrant
Register No. 679 be approved and payment authorized for Demand
Nos. 6260 thru 6427 (both inclusive), excluding Light and Power
Demands, drawn on the First Interstate Bank in the amount
of $166,786.50, with no other exeption. Motion carried.
WARRANT REGISTER NO. 679 - covering claims and demands
presented during the period October 1 thru 15, 1985, which
includes Light & Power Demand Nos. 6260,6262,6270,6278, 6283,
6301, 6306, 6325, 6326, 6328, 6331, 6353, 6363, 6387, 6401,
6408,6425, 6426, and 6427, drawn on the First Interstate Bank
totaling $6,253,204.24 (accounting period October 1985), was
examined and audited.
I
It was moved by McCormick, seconded by Ybarra, that Warrant
Register No. 679, be approved and payment authorized for Light
and Power Demand Nos. 6260, 6262, 6270, 6278, 6283, 6301, 6306,
6325, 6326, 6328, 6331, 6353, 6363, 6387, 6401, 6408, 6425, 6426,
and 6427, drawn on the First Interstate Bank in the amount of
$6,253,204.24, with no exception. Motion carried. Councilman
Davis is abstaining from voting on the above motion and is dis-
qualifying himself because it is reasonably foreseeable that the
decision will have a material financial effect on his source of
income.
Police Department Activity Log - October 1 thru 14, 1985,
was presented.
It was moved by Ybarra, seconded by Davis, that the Police
Department Activity Report for the period October 1-14, 1985, be
received and filed. Motion carried.
Fire Department Activity Report - October 1 thru 14, 1985,
was presented.
It was moved by McCormick, seconded by Gonzales, that the
Fire Department Activity Report for the period October 1-14,
1985, be received and filed. Motion carried.
01214
City Council Minutes
page 3
October 15, 1985
Health Department Report for the Month of September 1985,
was presented.
It was moved by Davis, seconded by Ybarra, that the Health
Department Report for the Month of September 1985, be received
and filed. Motion carried.
I
Communication from the Mayor of the City of El Monte, Don
McIllen dated September 30, 1985, was presented, transmitting a
copy of their Resolution No. 6076 which approves the 1985 Update
of the Los Angeles County Solid Waste Management Plan, excluding
the Lower Azusa Road Landfill which is located at the 605 Freeway
& Lower Azusa Road in Arcadia. Mayor McIllen requests the support
of the City of Vernon City Council on this matter.
It was moved by Gonzales, seconded by Davis, that the
communicaion from Mayor Don McIllen, of the City of El Monte,
regarding the 1985 Update of the Los Angeles County Solid
Waste Management Plan be received and filed. Motion carried.
Communication from Donald Pellegrino, Mayor of the City of
Arcadia, was presented, regarding the March 1984 Update of Los
Angeles County Solid Waste Management Plan and transmitting a
copy of their resolution #6-85-45. Mayor Pellegrino advises that
the revised plan includes a site on Lower Azusa Road at the 605
Freeway in Arcadia as a proposed Class III solid waste facility,
and that the City of Arcadia would like the opportunity to consider
the effects of said facility. Approval of the "Plan" would allow
them to do so. Mayor Pellegrino asks the support of the Vernon
City Council to approve the revised "Plan" including the Lower
Azusa Road Landfill as a potential site.
It was moved by McCormick, seconded by Ybarra, that the
communication from Mayor Donald Pellegrino, of the City of
Arcadia, regarding the March 1984 Update of Los Angeles County
Solid Waste Management Plan be received and filed. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated October 10, 1985, recommending that the
following personnel actions be approved, was presented,
I. Rescind the previous request to hire Ms. Deanna Merritt
as an Administrative Intern on a temporary basis.
I
It was moved by Ybarra, seconded by Gonzales, that the
previous request to hire Ms. Deanna Merritt as an
Administrative Intern on a temporary basis be rescinded.
II. Hire:
Ms. Alishia Gants be hired on a temporary basis as a
clerk typist/switchboard operator with an hourly wage
of $5.50 effective October 15, 1985.
It was moved by Davis, seconded by Ybarra, that Alishia
Gants be hired on a temporary basis as a clerk typist/
switchboard operator with an hourly wage of $5.50
effective October 15, 1985. Motion carried.
Mr. Eduardo Rodriguez be hired on a temporary basis
assigned to the Community Services Department with an
hourly wage of $5.00 effective October 15, 1985.
01215
City Council Minutes
page 4
III.
I
IV.
I
October 15, 1985
It was moved by Gonzales, seconded by Davis, that
Eduardo Rodriguez be hired on a temporary basis
assigned to the Community Services Department with an
hourly wage of $5.00 effective October 15, 1985.
Motion carried.
Educational Reimbursement:
Carol Childers be reimbursed $127.43 from the Education
and Training Appropriation Account for her satisfactory
completion of college courses taken at Cerritos College
relative to her position with the City.
It was moved by McCormick, seconded by Ybarra, that
Carol Childers be reimbursed $127.43 from the Education
and Training Appropriation Account for her satisfactory
completion of college courses taken at Cerritos College
relative to her position with the City. Motion carried.
Fire Captain JR Winfrey be reimbursed $13.75 from the
Education & Training Appropriation Account for his
satisfactory completion of a CPR Modular Class.
It was moved by Ybarra, seconded by Davis, that Fire
Captain JR Winfrey be reimbursed $13.75 from the
Education & Training Appropriation Account for his
satisfactory completion of a CPR Modular Class.
Motion Carried.
Fire Engineer Robert Hawkey be reimbursed $53.38 from
the Education & Training Appropriation Account for his
satisfactory completion of fire science courses taken at
Mt. San Antonio College in connection with his position
with the City.
It was moved by Gonzales, seconded by McCormick, that
Fire Engineer Robert Hawkey be reimbursed $53.38 from
the Eduction & Training Appropriation Account for his
satisfactory completion of fire science courses taken at
Mt. San Antonio College in connection with his position
with the City. Motion carried.
Merit Increase:
Sally Farrar be granted a merit step increase to Commun-
ications Operator (Dispatcher) Step 1, with a new
monthly salary of $1750 effective October 27, 1985,
based on her satisfactory job performance during the
past year.
It was moved by McCormick, seconded by Ybarra, that
Sally Farrar be granted a merit step increase to Commun-
ications Operator (Dispatcher) Step 1, with a new
monthly salary of $1750 effective October 27, 1985,
based on her satisfactory job performance during the
past year. Motion caried.
V.
Resignation:
Officer Ronald D. Olson's resignation be accepted
effective October 6, 1985.
01216
City Council Minutes
page 5
October 15, 1985
It was moved by Gonzales, seconded by Ybarra, that
Officer Ronald D. Olson's resignation be accepted
effective October 6, 1985. Motion carried.
VI.
Miscellaneous:
I
Officer Roy Tinkler not be held chargeable for his
on duty accident occurring on September 19, 1985.
It was moved by Gonzales, seconded by Davis, that
Officer Roy Tinkler not be held chargeable for his
on duty accident occurring on September 19, 1985.
Reclassification:
VII.
Manuel Giron, Utilityman II, Step 4 be reclassified
to Temporary Acting Operator/Dispatcher III, Step 3
effective September 29, 1985 with a monthly salary
of $2142.00.
It was moved by Ybarra, seconded by McCormick, that
Manuel Giron, Utilityman II, Step 4 be reclassified
to Temporary Acting Operator/Dispatcher III, Step 3
effective September 29, 1985 with a monthly salary
of $2142.00
Communication from Bruce V. Malkenhorst, City Clerk, dated
October 9, 1985, was presented, requesting authority and funds for
Gloria Orosco to attend the City Clerk's Election Law Seminar in
San Diego, November 20 to 22, 1985, with an expense allowance of
, $443.
It was moved by Ybarra, seconded by McCormick, that the
request of the City Clerk be approved and authority be granted
to issue a warrant to Gloria Orosco in the amount of $443 to
attend the City Clerk's Election Law Seminar in San Diego,
November 20 to 22, 1985. Motion carried.
I
Communication from Bruce V. Malkenhorst, City Clerk, dated
October 10, 1985, was presented, advising that a request for a
variance has been received from Mr. Richard Friedman,owner of
property at 4717 District Blvd., from City Code, Section 7.39;
minimum parking requirements. The City Code requires that eleven
(11) parking spaces be provided however that is not economically
feasible at this time and there is sufficient parking
available on District Blvd. This request has been reviewed by the
Director of Community Services and the Police Chief and it is
hereby recommended that said variance be granted from Section 7.39
of the City Code contingent upon loading or unloading not being
permitted by trucks backing up to the loading docks.
It was moved by McCormick, seconded by Ybarra, that the
recommendation by the City Clerk be approved and that a variance
from Section 7.39 of the Vernon City Code, minimum parking spaces,
be granted to Mr. Richard Friedman, owner of property at 4717
District Blvd. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
October 10, 1985, was presented, advising of a request from Mr.
Angelo Antoci, President of US Growers Cold Storage, Inc., for a
variance from the Uniform Building Code, 1979 Edition, Section
504b (property line openings to join two adjacent buildings).
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 contingent upon the followin~:
012..L7
City Council Minutes
page 6
October 15, 1985
2. Both buildings be returned to the original
condition upon change in use or occupancy.
I
It was moved by Gonzales, seconded by Davis, that the
recommendation of the City Clerk be approved and that a
variance from the Uniform Building Code, 1979 Edition,
Section 504b, property line openings to join two adjacent
buildings, be granted to Mr. Angelo Antoci contingent upon the
the above conditions. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
October 15, 1985, was presented, advising that a report and
computation has been submitted by the Operations Manager of
the Light & Power Department determining the Energy Cost Adjustment
Billing Factor for the next three month period, in accordance with
Ordinance No. 911. Based on actual fuel expenses and revenues for
the previous three month period and Southern California Edison's
forecast of fuel cost for the next three months, the new factor
is a negative 0.184 cents per kilowatt hour. It is hereby
recommended that this new factor, negative 0.184 cents per
kilowatt hour, be approved effective November 1, 1985.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk, advising that a report and
computation has been submitted by the Operations Manager of the
Light & Power Department determining the Energy Cost Adjustment
Billing Factor for the next three month period, in accordance
with Ordinance No. 911, be received and filed.
RESOLUTION NO. 5221 - A Resolution of the City Council of
the Ci ty of Vernon Changing the Energy Cost Adjustment Bi 11 ing
Factor Charged for Electrical Energy Distributed and Supplied To
Its Electrical Consumers.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5221 be approved and adopted. Motion carried.
AYES:
NOES:
ABSENT:
Malburg, Ybarra, Davis, Gonzales, McCormick
None
None
I
Communication from L.A. Espinoza, Chief of Police, dated
October 15, 1985, was presented, requesting authority and funds
for Captain Louis Rosenkrantz to attend the California Association
of Polygraph Examiners at the Pacifica Hotel, Culver City, Ca.,
October 19 to 20, 1985, with an expense allowance of $45.00.
It was moved by McCormick, seconded by Ybarra, that the
request of the Police Chief be approved and authority be granted
to issue warrant to Captain Louis Rosenkrantz in the amount
of $45.00 to attend the California Association of Polygraph
Examiners at the Pacifica Hotel, Culver City, Ca., October 19 to
20, 1985. Motion carried.
At 6:00p.m., it was moved by Ybarra, seconded by
McCormick, that the City Council go into closed session under
Government Code Section 54957.6. Motion carried.
All persons with the exception of the City Clerk and the
City Attorney were excluded from the closed session.
Mayor Malburg declared all communications to and from the
closed session deemed private and confidential.
01218
City Council Minutes
page 7
October 15, 1985
At 6:10 p.m., it was moved by McCormick, seconded by Ybarra,
that the City Council go out of closed session and resume
regular session. Motion carried.
Report from the City Attorney concerning the Indusrial
Disability Retirement of Fire Engineer Carl Graffio, dated
October 15, 1985, was presented.
I
RESOLUTION NO. 5220 - A Reolution Of The City Council Of
The City Of Vernon Determining The Disability Retirement Of
Carl Graffio, A Local Safety Member Employed By The City Of
Vernon (Sections 21024 & 21025 of the Government Code), was
presented.
It was moved by McCormick, seconded by Gonzales, that the
matter of the Industrial Disability Retirement of Fire Engineer
Carl Graffio be deferred.
At 6:12 p.m., it was moved by McCormick, seconded by Ybarra,
that the City Council go into closed session under Attorney/
Client privilege. Motion carried.
All persons with the exception of the City Clerk and the
City Attorney were excluded from the closed session.
Mayor Malburg declared all communications to and from the
closed session deemed private and confidential.
At 6:15 p.m., Councilman Davis was excused.
At 6:35 p.m., Councilman Davis resumed his seat on the
Council.
It was moved by Ybarra, seconded by McCormick, that the
City Council go out of closed session. Motion carried.
I
The City Attorney explained that the National Institute
of Municipal Law officers ("NIMLO") had established the NIMLO
Fair Labor Standard Act ("FLSA") litigation trust fund to pursue
litigation in the federal courts in order to obtain clarification
concerning the application and interpretation of the FLSA as it
applies to cities. He recommended that the City of Vernon become
a party to a complaint that was filed on behalf of Baltimore
City, Salt Lake City, and 110 other cities seeking clarification
of the implementation of the FLSA. He further recommended that
he be authorized to sign the NIMLO FLSA Litigation Trust Fund
Agreement on behalf of the City of Vernon agreeing to contribute
the sum of $500 in support of said litigation.
It was moved by Ybarra, seconded by Gonzales, that the
City Attorney's recommendation be approved and that he be
authorized to execute said Agreement on behalf of the City of
Vernon. Motion carried.
The City Attorney indicated that the Bonneville Power
Administration ("BPA") published in the Federal Register on
September 17, 1985, a notice indicating that they would conduct
a hearing under the Pacific Northwest Power Act to establish a
firm displacement rate that will apply to contract purchases of
BPA power by Pacific Northwest utilities. The City Attorney
indicated that he had notified the BPA that the City of Vernon
would be a party to the proceedings and the City of Vernon was
granted party status by the Hearing Officer. He recommended that
the City of Vernon ratify and approve Vernon's participation in
said proceedings.
01219
City Council Minutes
page 8
October 15, 1985
It was moved by Gonzales, seconded by McCormick, that the
City Attorney's recommendations be approved and that he be
authorized to represent the City of Vernon in the above-
described proceedings. Motion carried.
There being no further business to come before the City
Council, it was moved by McCormick, seconded by Ybarra, that the
meeting be adjourned to October 29, 1985, at 4:45 P.M.
I
~~~
ATTEST:
~>"'"
/d~
BRUCE V. MALKENHORST, City Clerk
I
/gjoJ
01220
..
AFFIDAVIT OF POSTING
State of California )
County of Los Angeles) 5S
City of Vernon )
I) BRUCE V. MALKENHORST, City Clerk of ,the City of
Vernon, do hereby ce:t:tifY.that I did, on the 15th day of October
~~/ ,~-. a Notice of-,
1985 , at 2: OO.r m., post Ord.er of Adjourn-
ment of M~eting of the City Council of the City of Vernon, a
copy of which is attached hereto, at a conspicuous place on or
near the door of the place at which said meeting of the City
Council
, was~~K to be held.
m. mm_~mm"p/4/?
BRUCE V.MALKENHORST" City Clerk-'
Director of Finance
Subscribed and StolO;g. nn: 0 be.fo. rem. e
this ISM day of ~~ , 19 It.r-.
or the County of
California
OFFICIAL SEAL
G' ORiA J OROSCO
NOTARY PUBLIC - CALIFORNIA
LOS. ANGELF.S CO! I'NTY
My c"mm.tr.p:res APR 22, 1986
I
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 Tuesday, October 15, 1985 AT
2:00 PM 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 4: 45 PM
on October 15, 1985 IN THE COUNCIL CHAMBERS OF THE CITY HALL.
~#( LI~tJU/
Bruce V. Ma1kenhorst ~
City Clerk