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19870203 Regular City Council Meeting - Minutes 283060 MINUTES OF AN REGULAR CITY COUNCIL MEETING HELD FEBRUARY 3, 1987 AT 5:00 P.M. IN THE CITY COUNCIL CHAMBERS 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. It was moved by Ybarra, seconded by Davis, that the minutes of the Regular Adjourned City Council Meeting held January 27, 1987, be approved and accepted. Motion carried. I At this time the Mayor introduced the council and himself and the administrative staff to the audience and proceeded with the presentation o.f badges to the newly hired firefighters who recently completed their training: Jon Arvizu Stuart Fujino Michael Hansen Jed Hulsey David Kimes David Mann David Nicassio Robert pasmino Gabriel Rodriguez Nick Ziegler At 5:10 P.M., the Mayor declared a recess. At 5:50 P.M., the City Council reconvened in regular session, all members present before the recess again being present. The Mayor asked if anyone in the audience would like to address the City Council regarding items of interest. There were no comments. Police Department Activity Report for the period January 16 thru 31, 1987, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Report for the period January 16 thru 31, 1987 be received and filed. Motion carried. Fire Department activity Report for the period January 16 thru 31, 1987, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity Report for the period January 16 thru 31, 1987 be received and filed. Motion carried. I Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 29, 1987, was presented, recommending that the following personnel actions be approved as indicated below: 1. Merit Step Increase: Officer David Aaron Guy Be advanced to Police Officer I, Step 3, with a monthly salary of $2039 effective February 2, 1987, based upon his successful completion of the background process and graduation from Rio Hondo Police Academy, and in accordance with Section 2.5 of the Memorandum of Understanding dated August 31, 1986. It was moved by Ybarra, seconded by Davis, that Officer David Aaron Guy be advanced to Police Officer I, Step 3, effective February 2, 1987. Motion carried. Melody Chancey, Police Secretary, be granted a merit step increase to Secretary, Step 3, with a monthly salary of $2038 (which includes 5% longevity pay) effective March 1, 1987, based upon her satisfactory job performance during the past year. 001424 283061 City Council Minutes Page 2 February 3, 1987 It was moved by McCormick, seconded by Gonzales, that Melody Chancey be granted a merit step increase to Secretary, Step 3, with a monthly salary of $2038 (which includes 5% longevity pay) effective March 1, 1987. Motion carried. 2. Hire: Dan Carl Downing as an Environmental Specialist, Step 5, with a monthly salary of $2835 effective March 1, 1987, contingent upon his successful completion of a pre-employment physical. I It was moved by Ybarra, seconded by Davis, that Dan Carl Downing be hired as an Environmental Specialist, Step 5, effective March 1, 1987. Motion carried. 3. Reclassification: Lewis Pozzebon an Environmental Specialist, Step 1, be reclassified to Chief Deputy Director of Environmental Health, Step 7, with a new monthly salary of $3181 effective February 6, 1987. It was moved by McCormick, seconded by Ybarra, that Lewis Pozzebon be reclassified to Chief Deputy Director of Environmental Health, Step 7, effective February 6, 1987. Motion carried. 4. Resignation: Sergeant Randolph Lascurain's resignation effective February 11, 1987 be accepted. It was moved by Gonzales, seconded by Davis, that the resignation of Sergeant Randolph Lascurain be accepted effective February 11, 1987. Motion carried. 5. Educational Reimbursement: Lieutenant James Mason be reimbursed $279.91 from the Education and Training Appropriation Account for his satisfactory completion of college courses taken at California State University, Long Beach in connection with his position with the City. It was moved by McCormick, seconded by Ybarra, that Lieutenant James Mason be reimbursed $279.91 for his satisfactory completion of college courses. I Communication from Bruce V. Ma1kenhorst, City Clerk, dated January 28, 1987, was presented, requesting authority and funds for Gloria Orosco, Chief Deputy City Clerk, to attend the City Clerk's Association of California Annual Conference to be held in Sacramento, California on April 8 to 10, 1987, with an expense allowance of $550. It was moved by Davis, seconded by Ybarra, that authority be granted to issue a warrant to Gloria Orosco in the amount of $550 to attend the City Clerk's Association of California Annual Conference to be held in Sacramento, California on April 8 to 10, 1987. Motion carried. Communication from Victor Vaits, Director of Community Ser- vices, dated January 27, 1987, was presented, transmitting Contract No. 479, District Blvd. Resurfacing, specifications and construction plans for review and recommending that said contract be approved and authority be granted to advertise for bids. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from Victor Vaits, regarding Contract No. 479 be received and filed. Motion carried. 001425 283062 City Council Minutes Page 3 / / February 3, 1987 RESOLUTION NO. 5368 - A Resolution of the City Council of the City of Vernon Approving Contract No. 479 and Authorizing the Notice of Inviting Sealed Proposals or Bids for District Blvd. Resurfacing, Specifications and Construction Plans in Accordance with Contract No. 479 of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolu- tion No. 5368 be approved and adopted. Motion carried. I Communication from Victor Vaits, Director of Community Ser- vices dated January 28, 1987, was presented, transmitting Contract No. 477, Traffic Signal Modernization, Santa Fe Avenue and 27th-38th Street, Santa Fe Avenue and Pacific Blvd., Jewel Avenue and 37th Street, Boyle-State Street and Randolph, for review and recommending said contract be approved and authority be granted to advertise for bids. It was moved by Ybarra, seconded by Davis, that the afore- mentioned communication from Victor Vaits, regarding Contract No. 477, be received and filed. Motion carried. RESOLUTION NO. 5367 - A Resolution of the City Council of the City of Vernon Approving Contract No. 477 and Authorizing Notice Inviting Sealed Proposals or Bids for Traffic Signal Modernization, Santa Fe Avenue and 37-38th Street, Santa Fe Avenue and Pacific Blvd., Jewel Avenue and 37th Street, Boyle-State Street and Randolph Street, in accordance with Contract No. 477 of the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolu- tion No. 5367 be approved and adopted. Motion carried. Communication from Victor Vaits, Director of Community Ser- vices, dated January 28, 1987, was presented, transmitting Contract No. 480, Traffic Pavement Striping -1987 for review, and recommending that said contract be approved and authority be granted to advertise for bids. It was moved by Gonzales, seconded by Davis, that the afore- mentioned communication from Victor Vaits, regarding Contract No. 480 be received and filed. Motion carried. RESOLUTION NO. 5369 - A Resolution of the City Council of the City of Vernon Approving Contract No. 480 and Authorizing Notice Inviting Sealed Proposals or Bids for Traffic Pavement Striping - 1987 in accordance with Contract No 480 of the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5369 be approved and adopted. Motion carried. I Warrant Register No. 710 - covering claims and demands pre- sented during the period of January 16 thru 31, 1987, which includes Demand Nos. 11621 and 11720 ( both inclusive) excluding Void Demand Nos. 11649 thru 11653, and excluding Light & Power Demands drawn on the First Interstate Bank totaling $116,499.53 (accounting period January 1987), was examined and audited. It was moved by Davis, seconded by Ybarra, that Warrant Register No. 710 be approved and payment authorized for Demand Nos. 11621 and 11720 ( both inclusive) excluding Void Demand Nos. 11649 thru 11653, and excluding Light & Power Demands in the amount of $116,449.53 with no other exceptions. Motion carried. Warrant Register No. 710 - covering claims and demands pre- sented during the period of January 16thru 31, 1987, which includes Light & Power Demands in the amount of $378,144.59, as listed below was examined and audited: 11621 11627 11628 11629 11636 11637 11674 11693 11630 11632 11660 11669 11710 001426 28306~ City Council Minutes Page 4 February 3, 1987 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 710 be approved and payment authorized for Light & Power Demands Nos., as listed above, in the amount of $378,144.59 with no other exceptions. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it's reasonably foreseeable that the decision will have a material financial effect on his source of income. I Communication from Bruce V. Malkenhorst, City Clerk, dated January 29, 1987, was presented, advising that in accordance with Finance Committee approval bids were sought for the purchase of a new pick up truck for the Community Services Department at an appro- ximate cost of $9,150. Bids have been received and reviewed (bids listed below) by the Director of Community Services and it is hereby recommended that Purchasing Bid No. 1260 be accepted and authorization be granted to issue a purchase order to Paramount Chevrolet for a 1987 pick-up truck in the amount of $9,570.22 (taxes included) based on their being the lowest bidder. Paramount Chevrolet Sopps Chevrolet Bellwood Chevrolet Cal Worthington Ford Francis Hankey Ford Midway Ford $9,570.22 9,652.46 9,771.56 10,624.44 11,096.77 11,320.95 It was moved by Ybarra, seconded by Davis, that authority be granted to issue a purchase order to Paramount Chevrolet for a 1987 pick-up truck in the amount of $9,570.22. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 29, 1987, was presented, advising of a request from Duetusch/SDL, LTD, for a variance from City Code Sections 7.52 (truck parking, loading and maneuvering) and 7.38 (automobile parking) for their property located at 4809 Alcoa Avenue for the following reasons: 1. to utilize an exiting non-conforming loading dock which fronts Leonis Blvd., for vehicles of limited length without backing in, 2. to construct approximately 1000 sq. ft. office, within existing building without providing the necessary additional parking. I The request has been reviewed by the Director of Community Services, and it is hereby recommended that the variances be granted with the condition that the non-conforming loading dock fronting Leonis Blvd. be restricted to vehicles of limited size and utilized in such a way that all vehicles using the facility enter and leave the public street in a front-forward manner without backing or maneuvering upon he public right of way. It was moved by Ybarra, seconded by Davis, that the afore- mentioned communication from the City Clerk, regarding a request for variance from Duetusch/SDL, LTD., be received and filed and that said request be approved contingent upon the above conditions being met. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 29, 1987, was presented, advising of a request from Mr. L.R. Luppen, President of Metal Products Engineering, Inc., for a variance from City Code Section 7.52 (truck parking, loading and maneuvering) for their property located at 3050 Leonis Blvd. Presently there are three (3) loading areas facing Boyle Avenue that are less than the required 65 feet from the street property line. They propose to maintain the central loading area to be used as an emergency exit and fire excess door only, and the remaining two (2) loading areas to be removed and blocked. 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: 001427 283064 City Council Minutes Page 5 February 3, 1987 1. The center loading area to be used only as an emergency exit and fire access, 2. the two other loading areas be permanently blocked and no loading or unloading permitted. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communications from the City Clerk, regarding the request for a variance from Mr. L.R. Luppen, President of Metal Products Engineering, Inc., be received and filed, and the variance be granted contingent upon the above mentioned conditions being met. Motion carried. I It was moved by Ybarra, seconded by McCormick, that the City Council recess to Closed Session pursuant to Government Code Sec- tions 54956.9(a) to confer with its attorney regarding pending litigation the time being 6:48 P.M. Motion carried. All persons, with the exception of the City Clerk, the City Attorney, Police Chief Espinoza, Police Captain Rosenkrantz, and Director of Community Services Victor Vaits were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Victor Vaits was excused at 7:00 P.M. Captain Rosenkrantz and Chief of Police Espinoza were excused, the time being 7:30 P.M. Councilman Davis resumed his seat on the Council, the time being 7:38 P.M. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resumed regular session. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 29, 1987, advising that a timely claim has been received from the Law Office of Leo B. Newton on behalf of Paul Gonzales for property damages and personal injury which stems from an accident occurring on July 29, 1986 on Slauson Avenue west of Alcoa Avenue. This has been reviewed by the Liability Administrators and it is hereby recommended that said claim be denied. Motion carried. It was moved by Davis, seconded by Ybarra, that the claim of Paul Gonzales be denied. Motion carried. I Communication from Bruce V. Malkenhorst, City Clerk, dated January 29, 1987, advising that a timely claim has been received from the Law Office Of Leo B. Newton on behalf of Irma Gonzales for property damages and personal injury which stems from an accident occurring on July 29, 1986 on Slauson Avenue West of Alcoa Avenue. This has been reviewed by our Liability Administrators and it is hereby recommended that said claim be denied. Motion carried. It was moved by McCormick, seconded by Gonzales, that the claim of Irma Gonzales be denied. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 29, 1987, advising that a timely claim has been received from the Law Office Of Leo B. Newton on behalf of Louis Alberto Castillo for property damages and personal injury which stem from an accident occurring on July 29, 1986 on Slauson Avenue west of Alcoa Avenue. This has been reviewed by our Liability Administrator and it is hereby recommended that said claim be denied. It was moved by Ybarra, seconded by Davis, that the claim of Louis Alberto Castillo be denied. Motion carried. 001428 I I City Council Minutes Page 6 28306~,. February 3, 1987 Communication from Bruce V. Ma1kenhorst, City Clerk, dated January 29, 1987, advising that a timely claim has been received from Mr. John Cardenas, President of JC Rack Systems for property damage, loss of use of a truck, substitute labor, and loss of income for a total amount of $6,045. This stems from an accident occurring on November 4, 1986 on 57th Street east of Alameda at approximately 4:00 p.m. in which Mr. Felipe Sanchez was the driver. This has been reviewed by our Liability Administrators and it is hereby recommended that said claim be denied. It was moved by McCormick, seconded by Ybarra, that the claim of JC Rack Systems be denied. Motion carried. Communication from Bruce V. Ma1kenhorst, City Clerk, dated January 29, 1987, advising that a timely claim has been received from Ertel and Liddi, Insurance Adjusters, on behalf of Universal Express for property damages. This stems from an accident occurring on November 4, 1986 on 57th Street east of Alameda at approximately 4:00 P.M. in which Mr. Erickson was driver of the vehicle. This has been reviewed by our Liability Administrators and it is hereby recommended that said claim be denied. It was moved by Davis, seconded by Gonzales, that the claim of Universal Express be denied. Motion carried. Communication from Bruce V. Ma1kenhorst, City Clerk, dated January 29,1 987, advising that a timely claim has been received from Law Offices of Mari1u Morena Schlicht on behalf of Felipe de Jesus Sanchez for personal injury. Mr.Sanchez was a driver involved in an accident occurring on November 4, 1986 on 57th Street east of Alameda at approximately 4:00 P.M. This has been reviewed by our Liability Administrators and it is hereby recommended that said claim be denied. It was moved by Gonzales, seconded by McCormick, that the claim of Felipe de Jesus Sanchez be denied. Motion carried. Communication from Bruce V. Ma1kenhorst, City Clerk, dated January 29, 1987, advising that a timely claim has been received from the Law firm of Silver, Kreisler, Goldwasser and Shaeffer on behalf of Keith Washington a former police officer, alleging that members of the Vernon Police Department violated Mr. Washington's civil rights. This has been reviewed by our Liability Administrators and it is hereby recommended that said claim be denied. It was moved by McCormick, seconded by Davis, that the claim of Keith Washington be denied. Motion carried. The City Attorney indicated that Congress had changed the Federal tax law effective January 1, 1987, and therefore triggered a section in the Edison/Vernon Rate Settlement Agreement in FERC Docket No. ER86-271 which requires Edison to make an amended filing to reflect the impact of the new tax law. Edison has proposed a stipulation wherein it will file an amended filing on or before March 31, 1987, which would include rates based upon the blended tax rate being in effect as of January 1, 1987. He recommended that the City authorize Mr. Fie1dman to execute said stipulation. It was moved by Ybarra, seconded by Mccormick, that the City Attorney's recommendation be approved and that Mr. Fie1dman be authorized to execute the proposed stipulation. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Motion carried. The City Attorney explained that Edison had refused to permit Vernon to schedule energy purchased from the Department of Water Resources of the State of California in accordance with the 001429 " 283066 City Council Minutes Page 7 February 3, 1987 authorization to file a Complaint-Petition against Edison with the Federal Energy Regulatory Commission in order to compel Edison to permit Vernon to use the Fire Transmission Service Agreement. It was moved by Gonzales, seconded by Ybarra, that the City Attorney be authorized to file a complaint-Petition before the Federal Energy Regulatory Commission and request an order to compel Edison to provide firm transmission service. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Motion carried. I There being no further business to corne before the Council it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. ~~ '-L~is C. Ma burg -Mayor ATTEST: Bruce V. Ma1kenhorst City Clerk I 001430