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.
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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.
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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
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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:
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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.
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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
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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
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