19851217 Regular City Council Meeting - Minutes
MINUTES OF AN ADJOURNED REGULAR CITY
COUNCIL MEETING HELD DECEMBER 17, 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
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It was moved by Ybarra, seconded by McCromick, that the
Minutes of the Adjourned Regular City Council Meeting held
December 3, 1985 be deferred to the January 7, 1986, Council
Meeting. Motion carried.
RESOLUTION No. 5233 - A Resolution of the City Council of
the City of Vernon Commending Thomas Stevenson for His Many Years
of Service to the City of Vernon, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 5233 be approved and adopted. Motion carried.
At 4:58 P.M., the Mayor declared a recess.
At 5:05 P.M., the City Council reconvened in regular session
session all members present before the recess, again being present.
Communication from Bruce V. Malkenhorst, City Clerk, dated,
November 27, 1985, was presented, advising that a letter has been
received from Michael Tymer, the tenant of the facility at 2401
E. 27th Street, requesting a special status so that he may be
exempt from fi 1 ing for a bus iness 1 icense. It is hereby recomm-
ended that this request be denied, and that he be required to pay
the appropriate business license fee (deferred from City Council
meeting held December 3, 1985).
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk, regarding Michael Tymer be
deferred to the City Council meeting to be held January 7, 1986.
Police Department Activity Log for the period of December 1
to 15, 1985, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period of December 1 to
15, 1985, be received and filed. Motion carried.
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Fire Department Activity Report for the period of December
1 to 15, 1985, was presented.
It was moved by McCormick, seconded by Ybarra, that the Fire
Department Activity Report for the period of December 1 to 15,
1985, be received and filed. Motion carried.
Communication from L.A. Espinoza, Chief of Police, dated
December 3, 1985, was presented, requesting authority and funds
to attend the California Police Chiefs Association's Conference,
February 5 to 8, 1986, in Sacramento, Ca., with an expense
allowance of $584.50.
It was moved by Ybarra, seconded by Davis, that authori ty
be granted to issue a warrant in the amount of $584.50 to L.A.
Espinoza to attend the California Police Chiefs Assoication's
Conference in Sacramento. Motion carried.
Communication from Louis S. Hauger, Health Officer, dated
December 4,1985, was presented, advising that pursuant to Sec-
tion 459 of the California Health and Safety Code, the Vernon
City Jail was inspected on December 4, 1985 and that our jail
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City Council Minutes
Page 2
December 17, 1985
facility complies with the standards and requirements prescribed
by the State Board of Corrections.
It was moved by McCormick, seconded by Gonza 1 es, that the
communication from Louis Hauger, Health Officer be received and
filed. Motion carried.
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RESOLUTION No. 5234 - A Resolution of the City Council of
the City of Vernon, California Requesting the Board of Super-
visors of the County of Los Angeles to Render Specified Services
to the City Relating to the Conduct of a General Municipal Elec-
tion to be Held on Tuesday, April 8, 1986, was presented.
It was moved by Davis, seconded by Ybarra, that Resolution
No. 5234 be approved and adopted. Motion carried.
RESOLUTION No. 5235 - A Resolution of the City Council of
the City of Vernon, California Calling and Giving Notice of the
Holding of a General Municipal Election to be held on Tuesday,
April 8, 1986 For The Election of Certain Officers as Required by
the Provisions of the Laws of the State of California Relating to
General Law Cities, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5235 be approved and adopted. Motion carried.
RESOLUTION No. 5236 - A Resolution of the City Council of
the City of Vernon, California Adopting Regulations for Candi-
dates for Elective Office Pertaining to Candidates' Statements
Submitted to the Votes at an Election to be Held on Tuesday,
April 8, 1986, was presented.
It was moved by Davis, seconded by Ybarra, that Resolution
No. 5236 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
December 11, 1985, was presented, advising that we are in receipt
of a request from Micro-Biotrol, Inc., 4900 Gifford Avenue for a
variance from Section 7.52 of the Vernon City Code, (truck loading
spacerequirement) due to the Company proposing to expand their
existing loading dock. This request has been reviewed by the
Director of Community Services, and it is hereby recommended that
the variance be granted contingent upon the following conditions:
1) The size of the delivery truck be such as to never
protrude into the sidewalk area.
2) The dock be removed upon change in use or occupancy.
It was moved by Ybarra, seconded by Gonzales, that the
recommendation of the City Clerk be approved and that a variance
from Section 7.52 (truck loading space requirement) of the Vernon
City Code be granted to Micro-Biotrol contingent upon the above
conditions. Motion carried.
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Communication from Bruce V. Malkenhorst, City Clerk, dated
December 12, 1985, was presented, requesting authority and funds
for Bruce V. Malkenhorst, Tom Ybarra, and Edward Cooney to attend
the California Society of Municipal Finance Officers' 26th Annual
Seminar February 5, to February 8, 1986 in Claremont, Ca. with an
expense allowance of $565.
It was moved by Davis, seconded by Gonzales, that authority
be granted for Bruce V. Malkenhorst, Tom Ybarra, and Edward
Cooney to attend the California Society of Municipal Finance
Officers' 26th Annual Seminar February 5 to 8, 1986, with an
expense allowance of $565. Motion carried.
Warrant Register No. 638 - covering claims and demands pre-
sented during the period December 1 thru December 15, 1985, which
includes Demand Nos. 6890 thru 7081 (both inclusive) excluding
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City Council Minutes
Page 3
Void Demand Nos. 6919, 6920, 6921, and 6972 and excluding Light &
Power Demands drawn on the First Interstate Bank totaling
$116,937.16 (Accounting Period December 1985), was examined and
audited.
December 17, 1985
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It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 638 be approved and payment authorized for Demand
Nos. 6890 thru 7081 (both inclusive) excluding Void Demand Nos.
6919, 6920, 6921, and 6972 and excluding Light & Power Demands,
in the amount of $116,937.16, with no exceptions. Motion carried.
Warrant Register NO. 638 - covering claims and demands
presented during the period of December 1 thru December 15, 1985,
which includes Light & Power Demand Nos. 6891, 6893, 6894, 6916,
6945, 6954, 6963, 6964, 6965, 6971, 7010, 7024, 7034, 7050, 7060,
7064, and 7073 drawn on the First Interstate Bank totaling
$5,879,455.25. (Accounting period December 1985), was examined
and aud i ted.
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 638, be approved and payment authorized for
Light & Power Demand Nos. 6891, 6893, 6894, 6916, 6945, 6954,
6963, 6964, 6965, 6971, 7010, 7024, 7034, 7050, 7060, 7064 and
7073, in the amount of $5,879,455.25, with no exceptions. Motion
carried. Councilman Davis is abstaining from voting on the above
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.
Communication from Bruce V. Malkenhorst, City Clerk, dated
December 11, 1985, was presented, advising that we are in receipt
of a request from the County to consent to the inc 1 us ion of Santa
Fe Avenue from 180 feet north of 58th Street to Gage Avenue in
the County Highway System. It is hereby recommended that the
City consent to the establishment of a portion of Santa Fe Avenue
as a part of the System of Highways of the County of Los Angeles
and pursuant to Section 15301, Class l(c) of the State Guidelines
for implementation of California Environmental Quality Act of
1970.
It was moved by Ybarra, seconded by Davis, that the commu-
nication from the City Clerk, regarding the request from the
County to consent to the inclusion of Santa Fe Avenue from 180
feet north of 58th Street to Gate Avenue, be received and filed.
Motion carried.
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RESOLUTION NO. 5237 - A Resolution of the City Council of
the City of Vernon California, Consenting to the Establishment of
a Portion of Santa Fe Avenue Within Said City as Part of the
System of Highways of the County of Los Angeles, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5237 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
December 12, 1985, was presented, transmitting an Agreement
between the City of Vernon and Los Angeles County for the wid-
ening of the Soto Street bridge, and a Negative Declaration from
the County of Los Angeles Department of Public Works. The
agreement and the Negative Declaration have been reviewed by the
Director of Community Services and it is hereby recommended that
the Negative Declaration be approved and authority be granted for
the Mayor and City Clerk to execute said agreement on behalf of
the City.
It was moved by Ybarra, seconded by Davis, that the communi-
cation regarding the Agreement between the City of Vernon and Los
Angeles County for the widening of So to Street bridge, and the
Negative Declaration from the County of Los Angeles Department of
Public Works be received and filed.
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City Council Minutes
Page 4
December 17, 1985
RESOLUTION NO. 5238 - A Resolution of the City Council of
the City of Vernon, California, Consenting to the Establishment
of a Portion of Soto Street Within Said City as a Part of the
Systems of Highways of the County of Los Angeles, was presented.
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It was moved by Ybarra, seconded by Davis, that Resolution
No. 5238 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
December 12, 1985, was presented, advising that we are in receipt
of a request from California Webbing Industries, Inc., 5065
Pacific Boulevard, for a variance from the Vernon City Code
Section 7.39 (minimum parking requirements). The company is
proposing to add approximately 6000 square feet to their existing
buildings, which would change their requirement from 31 parking
spaces to 43 parking spaces, (only 31 spaces can be provided).
Both the Director of Community Services and the Fire Chief
have reviewed this request, and it is hereby recommended that the
variance be granted contingent upon the following conditions:
1. All new construction to be sprinklered and
integrated with existing sprinkler system
2. Upon change of use or occupancy certain
portions of building to be removed to
satisfy code parking requirements
3. All new construction must be as required
for type III Building and both southerly
buildings must be reconstructed to meet
type III building requirements as specified
in the 1979 Uniform Building Code.
It was moved by Ybarra, seconded by Davis, that the recom-
mendation of the City Clerk be approved and that a variance from
Section 7.39 (minimum parking requirements) of the Vernon City
Code be granted to California Webbing Industries, Inc. contingent
upon the above conditions. Motion carried.
Heal th Department Report for the month of November, 1985,
was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Health Department Report for the month of November, 1985, be
received and filed. Motion carried.
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Communication from Bruce V. Malkenhorst, Director of
Personnel, dated, December 16, 1985, was presented, transmitting
the minutes of the Adjourned Regular Personnel Committee Meeting
held December 16, 1985, for your approval of recommendations
contained therein.
It was moved by Davis, seconded by McCormick, that the
minutes of an Adjourned Regular Personnel Committee Meeting held
December 16, 1985, be approved and recommendations contained
therein adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated, December 17, 1985, was presented, advising that
in yesterday's Personnel Committee meeting, it was recommended
that Lieutenant Robert Graham be granted a merit step increase to
Lieutenant, Step 2, with a monthly salary of $3311. Lieutenant
Robert Graham's possession of the Advance P.O.S.T. Certificate
was not taken into account at that time and it is hereby recom-
mended that his new salary be $3477 (which includes the 5% pay
increase for his possession of the advanced P.O.S.T,
Certificate), effective January 24, 1986.
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City Council Minutes
Page 5
December 17, 1985
It was moved by Ybarra, seconded by Gonzales, that
Lieutenant Graham's new monthly salary for the position of
Lieutenant, Step 2, be $3477 which includes the 5% salary adjust
ment for his possession of the Advanced P.O.S.T. Certificate.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated, December 17, 1985, was presented, recommending
that the Employment Agreement by and between the City of Vernon
and William Eric Johnson, for the position of Police Officer I,
in the Vernon Police Department be accepted and ratified effective
December 12, 1985.
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It was moved by Davis, seconded by McCormick, that the
Employment Agreement by and between the City of Vernon and
William Eric Johnson, be accepted and ratified effective December
12, 1985. Motion carried.
At 6: 00 P.M., it was moved by Ybarra, seconded by Ma I burg,
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 6:10 P.M., Councilman Davis was excused.
At 6:40 P.M., Councilman Davis resumed his seat on the
Council.
At 6:42 P.M., it was moved by Ybarra, seconded by McCormick,
that the City Council go out of Closed Session and resume regular
sesion. Motion carried.
At 6:45 P.M., it was moved by McCormick, seconded by Gonzales,
that the City Council go into Closed Session under Government
Code Section 54957. 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 7:09 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.
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The City Attorney reported that he had been negotiating
with the District Counsel for the South Coast Air Quality Manage-
ment District a resolution to the Notice of Violation Z-21369
(District Rule 401) dated October 22, 1985, and recommended a
settlement in the sum of $375 with express stipulations that the
settlement would not constitute an admission of violative conduct
nor would it be inferred to be such an admission in any court of
law.
It was moved by Gonzaales, seconded by Ybara, that the City
Attorney's recommendation be approved. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that an
Individual Retirement Account (IRA) be opened on behalf of the
City Administrator/City Clerk Bruce V. Malkenhorst and that Two
Thousand Dollars ($2,000) be deposited in it annually, commencing
January 1, 1986. Motion carried.
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City Council Minutes
Page 6
December 17, 1985
There being no further business to come before the Council,
it was moved by Davis, seconded by McCormick, that the meeting
adjourn. Motion carried.
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Bruce V. Malkenhorst
City Clerk
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C1243