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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 I 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. I 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 01238 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. I 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. I 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 6/~3'1 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 I 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. I 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. 01240 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. I 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. I 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. 01241 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. I 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. I 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. [j 12,42 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. , I ATTES3:': /~' L .., / /, /. /<; . . /" ./11' " /( "4'?~d/ /?t~t/ . ,i,,~ Bruce V. Malkenhorst City Clerk I C1243