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19871020 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 20, 1987, AT 4:45 PM. IN THE COUNCIL CHAMBERS OF THE HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis MEMBERS ABSENT: McCormick The meeting was called to order by Mayor Malburg. It was moved by Davis, seconded by Ybarra, that the minutes of the City Council meeting held October l3, 1987, be approved and adopted. Motion carried. Police Department Activity Log for the period October I thru 15, 1987, was presented. It was moved by Ybarra, seconded by Gonzales, that the Police Department Activity Log for the period October 1 thru l5, 1987, be received and filed. Motion carried. Fire DepartmeRt Activity Report for the period October l, thru l5, 1987, was presented. It was moved by Davis, seconded by Gonzales that the Fire Department Activity Report for the period of October l, thru l5, 1987, be received and filed. Motion carried. Health Department Report for the month of September 1987, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of September be received and filed. Motion carried. At this time the Mayor asked if anyone wished to address the Council regarding any items listed on today's agenda. There was no one present in the audience who wished to address the City Council. Communication from Bruce V. Malkenhorst, City Clerk, dated October 6, 1987, was presented, advising of receipt of a communication from Kal Kan Foods, Inc., dated August 21, 1987, requesting the City's abandonment of 44th & 45th Streets which would permit Kal Kan to construct and expand their adjacent facilities. Said communication lists conditions and stipulations which Kal Kan agrees to if said abandonment is approved. This communication has been reviewed by the Director of Community Services and the City Attorney and it ,is hereby recommended that this be considered a Letter Agreement by and between the Kal Kan Foods, Inc., and the City of Vernon and that the Mayor be author- ized to execute same. (Deferred from City Council meeting of October l3, 1987). It was moved by Ybarra, seconded by Gonzales, that the request of Kal Kan, Foods, Inc., for the City'S abandonment of 44th and 45th Streets be approved and that the Mayor be author- ized to execute the Letter Agreement on behalf of the City. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October l5, 1987, was presented, transmitting the 4200 Partnership Subdivision Improvement Agreement which states that the subdivider and prospective buyer agree to construct and install all improvements required by the City. In lieu of making the improvements at the present time, they will deposit an irrevocable letter of credit in a form acceptable to the City for the sum of $300,000, the estimated cost of said improvements. The construction shall be completed within one ~ 1562 I I City Council Minutes page 2 October 20, 1987 year and when the improvements are substantially completed the City shall release the security and in return agree to approve Parcel Map No. l8468. This agreement has been reviewed by the Director of Community Services and the City Attorney and it is hereby recommended that said agreement be approved. It was moved by Ybarra, seconded by Davis, that 4200 Partnership Subdivision Improvement Agreement be approved contingent upon the conditions stated above. Motion carried. Communication from Victor Vaits, Director of Community Services, dated October l, 1987, was presented, transmitting for consideration a fully executed Grant Deed from 4200 Partnership for a lO foot wide strip of land adjacent to a portion of 4200 Alameda. It is hereby recommended that the property be accepted and the Mayor and City Clerk be authorized to execute the Certi- ficate of Acceptance. It was moved by Gonzales, seconded by Davis, that the aforementioned Grand Deed from 4200 Partnership be accepted and the Mayor be authorized to execute the Certificate of Acceptance. Motion carried. Communication from Victor Vaits, Director of Community Services, dated October l5, 1987, was presented, advising that 4200 Partnership submitted Parcel Map No. l8468 for investiga- tion and report in accordance with the Subdivision Map Act and transmitting as evidence the following: l. Print of Parcel Map No. l8468 2. Subdivision Improvement Agreement 3. Report on Parcel Map No. l8468 4. Excerpts from Subdivision Map Act. Mr. Vaits also advises that in his opinion this evidence sup- ports a finding that the proposed Parcel Map is consistent with the General Plan as adopted by the City of Vernon, State Enviro- nmental Quality Act, and the State Subdivision Map Act; and recommending that said Parcel Map be approved. It was moved by Davis, seconded by Ybarra, that based on the evidence presented, Parcel Map No. 18468 be approved. Mo- tion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October l5, 1987, was presented, advising that Willig Freight Lines and the 4200 Partnership, owners of adjacent parcels located at 2230 38th Street and 4200 Alameda Street, have requested an adjustment of the common boundary between the parcels. The common boundary would be moved so that the 4200 Partnership property would be increased by 248.7 square feet. Said request is in accordance with the California Subdivision Map Act and the General Plan of the City; and has been reviewed by the Director of Community Services and the City Attorney. It is hereby recommended that said Lot Line Adjustment be approved and the following resolution be adopted. It was moved by Ybarra, seconded by Gonzales, that the communication regarding the above lot line adjustment be received and filed; and that the Lot Line Adjustment be approved. Motion carried. RESOLUTION NO. 5433 - A Resolution of the City Council of the City of Vernon Approving "Lot Line Adjustment" Requested by Willig Freight Lines and 4200 Partnership, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5433 be approved and adopted. Motion carried. · 1563 I I City Council Minutes page 3 October 20, 1987 RESOLUTION NO. 5434 - A Resolution of the City Council of the City of Vernon Establishing Task Assignment II C in Accordance with the Agreement for Professional Services for Project Management for the Bear Butte Hydroelectric Project with Resource Management International, Inc., was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5434 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance dated, October 8, 1987, was presented, transmitting the Agenda for the Finance Committee meeting to be held October 19, 1987 (Adjourned from October l3, 1987) and recommending approval of actions listed thereon. (Deferred from City Council meeting of October l3, 1987). It was moved by Ybarra, seconded by Davis, that actions listed on the Finance Committee Agenda for the meeting to be held on October 19, 1987, be approved, and any other actions recommended during said meeting. Motion carried. RESOLUTION NO. 5435 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Agreement for Services by and Between the City of Vernon and Edward E. Dumon, was presented. It was moved by Gonzales, seconded by Ybarra, that Reso- lution No. 5435, be approved and adopted. Motion carried. RESOLUTION NO. 5436 - A Resolution of the City Council of the City of Vernon Amending Exhibit II A" , Schedule II, Page lO of Resolution No. 5405 Which Fixed the Compensation for Certain Employees of said City and Authorized Certain Expense Allowances, was presented. It was moved by Ybarra, seconded by Davis, that Resolu- tion No. 5436, be approved and adopted. Motion carried. Communication from Victor Vaits, Director of Community Services, dated October l4, 1987, was presented, advising of two streets in the Central Manufacturing District (CMD) having the same name, (Everett Avenue) which run parallel to each other between 49th Street and Fruitland Avenue. It is hereby recommended that the street east of Maywood Avenue running from District to Fruitland be named Everett Avenue, and that the street just east of this, running from 49th Street to Fruitland Avenue be named Everett Court. It was moved by Ybarra, seconded by Davis, that approval be granted to rename the streets as recommended above and that said communication from Victor Vaits be received and filed. Motion carried. RESOLUTION NO. 5438 - A Resolution of the City Council of the City of Vernon Renaming a Certain Street Within the City of Vernon to Prevent Confusion. It was moved by Ybarra, seconded by Davis, that resolution No. 5438 be approved and adopted. Motion carried. Warrant Register No. 727 covering claims and demands presented during the period of October 1 thru l5, 1987, which includes Demand Nos. l4768 thru l4898 (inclusive) excluding void Demand Nos. as listed below, excluding Light & power Demands drawn on the First Interstate Bank totaling $l2l,l96.90. (Accounting period October 1987), was examined and audited: l4769 14770 1477l l4772 l4773 l479l l4795 l4796 l4797 l4798 l4864 14792 14793 14794 /SC,'i I I City Council Minutes page 4 October 20, 1987 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 727 be approved and payment authorized for Demand Nos. 14768 thru l4898 (inclusive) excluding Demand Nos. as listed above, in the amount of $l2l,l96.90, with no exceptions. Motion carried. Warrant Register No. 727 covering claims and demands presented during the period of October 1 thru l5, 1987, which includes Light & Power Demand Nos., as listed below, drawn on the First Interstate Bank totaling $4,82l,247.45. (Accounting period October 1987), was examined and audited: 14779 14781 l48ll l48l7 l4825 l4826 14828 l4848 l4882 l4884 l4886 l4891 l4893 l4898 l486l 14865 l4877 1488l It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 727 be approved and payment authorized for Light & Power Demand Nos. as listed above in the amount of $4,82l,247.45 (accounting period October 1987), 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. Payroll Warrant Register No. 372 covering claims and demands presented during the Period of August l6 thru September l2, 1987, which includes Demand Nos. 4860 thru 4884 (both inclusive) drawn on the First Interstate Bank totaling $873,998.39. (Accounting period September 1987), was examined and audited. It was moved by Davis, seconded by Gonzales, that Pay- roll Warrant Register No. 372 be approved and payment authorized for Demand Nos. 4860 thru 4884 (inclusive) with no other excep- tions. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October l5, 1987, was presented, recommending that the below listed personnel actions be approved: I. Hire Thomas Anthony Groce be hired as Civilian Traffic Officer, Step 7, with a monthly salary of $1490, effective October 19, 1987, with continued employ- ment contingent upon his successful completion of the background process. It was moved by Ybarra, seconded by Davis, that Thomas Anthony Groce be hired as Civilian Traffic Officer Step 7 effective October 19, 1987. Motion carried. Jose Alvarez be hired as a temporary employee assigned to the Community Services Department with an hourly wage of $5.00 effective October 26, 1987. It was moved by Gonzales, seconded by Davis, that Jose A~varez, be hired as a temporary employee with an hourly wage of $5.00 effective October 26, 1987. Motion carried. II. Resignation Police Officer Todd O'Conner's resignation dated October 8, 1987 be accepted effective October 23, 1987, at the end of his shift. It was moved by Ybarra, seconded by Gonzales, that Officer O'Conner's resignation be accepted effective October 23, 1987. Motion carried. 1565 · 1566 City Council Minutes page 5 October 20, 1987 v. Reclassifications Firefighter Randy Bohlander be advanced and reclassified to Acting Engineer, Step 3, with a new monthly salary of $3240 (which includes 10% longevity pay) effective October l7, 1987. It was moved by Davis, seconded by Ybarra, that Fire- fighter Randy Bohlander be advanced and reclassified to Acting Engineer, Step 3, with a new monthly salary of $3240 (which includes 10% longevity pay) effective October l7, 1987. Motion carried. I Luz Moctezuma, a Utilityclerk in the City Administrator's Office be transferred to the Fire Department, and advanced and reclassi- fied to Secretary Step 7, with a new monthly salary of $l692 effective October 26, 1987. It was moved by Ybarra, seconded by Davis, that Luz Moctezuma be transferred to the Fire Department; and advanced and reclassified to Secretary, Step 7, effective October 26, 1987. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October l5, 1987, was presented transmitting the computa- tion report submitted by the Director of Water & Power determi- ning the Energy Cost Adjustment Billing Factor for the next three month period in accordance with Ordinance No. 9ll. Based on actual fuel expenses and revenues for the previous period and Southern California Edison Company's forecast of fuel cost for the next three months, it is hereby recommended that the new factor be a negative $0.Ol955 per KWH effective November l, 1987. It was moved by Ybarra, seconded by Davis, that aforementioned computation report submitted by the Director of Water & Power be received and filed and that the new Energy Cost Adjustment Billing Factor be a negative $0.Ol955 per KWH, effec- tive November l, 1987. Motion carried. RESOLUTION NO. 5437 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Supplied to its Electrical Consumers, was presented It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5437 be approved and adopted. Motion carried. I Communication from Norm Michiels, Director of Environ- mental Health, dated October l3, 1987, was presented, requesting authority and funds for Dan Downing to attend the 5th Annual Conference on Community Noise Control and Assessment in Pacific Grove, California on November I thru 4, 1987 with an expense allowance of $358. It was moved by Gonzales, seconded by Davis, that authority be granted for Dan Downing, Environmental Specialist, to attend the 5th Annual Conference on Community Noise Control and that a warrant be issued to him in the amount of $358. Motion carried. Communication from Larry Spadt, Acting Fire Chief, dated October l5, 1987, was presented, requesting authority and funds for himself to attend the Fire Chiefs Seminar in Monterey, California on December 2 to 4, 1987 with an expense allowance of $468.60. It was moved by by Ybarra, seconded by Davis, that authority be granted for Acting Fire Chief Larry Spadt to attend the Fire Chiefs Seminar in Monterey, and that a warrant be issued in the amount of $468.60. Motion carried. City Council Minutes page 6 October 20, 1987 It was moved by Ybarra, seconded by Gonzales, that the City Council recess to Closed Session pursuant to Government Code Section 54956.9 (a), to confer with its attorney regarding pending litigations, the time being 6:l3 p.m. Motion carried. All persons with the exception of the City Clerk, City Attorney, Chief of Police, and Police Captain, were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. I The Chief of Police and Police Captain were excused from Closed Session, the time being 6:22 p.m. Councilman Davis was excused from Closed Session at 6:42 p.m. Councilman Davis resumed his seat on the Council at 6:55 p.m. It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume Regular Session, the time being 7:00 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the City Council recess to Closed Session/Personnel pursuant to Govern- ment Code Section 54957, the time being 7:0l p.m. Motion carried. All persons with the exception of the City Attorney and City Clerk, were excluded from Closed Session. The City Attorney was excused at 7:03 p.m. The City Clerk was excused at 7:05 p.m. The City Clerk returned to Closed Session, the time being 7:33 p.m. The City Clerk was excused from Closed Session, the time being 7:45 p.m. The City Clerk returned to Closed Session, the time being 8:05 p.m. It was moved by Ybarra, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 8:19 p.m. Motion carried. I It was moved by Ybarra, seconded by Gonzales, that the following salary increase and benefits be granted to the City Administrator/City Clerk, effective October l3, 1987: l. lO% annual salary increase; 2. increase expense allowance to $750 per month; 3. increase life insurance to $3l0,000; 4. allow use of Deloitte Haskins & Sells for tax advisement reasons, at no cost to the city; 5. hours of work to be as necessary; 6. receive pay for accumulated vacation and/ or executive time not used in the two year accmu- lation period. Motion carried. The following items were discussed and were acted upon as indicated: ,., 1567 I I City Council Minutes page 6 October 20, 1987 It was moved by Ybarra, seconded by Gonzales, that the City Council recess to Closed Session pursuant to Government Code Section , to confer with its attorney regarding pending litigations, the time being 6:13 p.m. Motion carried. All persons with the exception of the City Clerk, City Attorney, Chief of Police, and Police Captain, were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. The Chief of Police and Police Captain were excused from Closed Session, the time being 6:22 p.m. Councilman Davis was excused from Closed Session at 6:42 p.m. Councilman Davis resumed his seat on the Council at 6:55 p.m. It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume Regular Session, the time being 7:00 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the City Council recess to Closed Session/Personnel pursuant to Govern- ment Code Section 54957, the time being 7:01 p.m. Motion carried. All persons with the exception of the City Attorney and City Clerk, were excluded from Closed Session. The City Attorney was excused at 7:03 p.m. The City Clerk was excused at 7:05 p.m. The City Clerk returned to Closed Session, the time being 7:33 p.m. The City Clerk was excused from Closed Session, the time being 7:45 p.m. The City Clerk returned to Closed Session, the time being 8:05 p.m. It was moved by Ybarra, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 8:19 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the following salary increase and benefits be granted to the City Administrator/City Clerk, effective October 13, 1987: . 1. 10% annual salary increase; 2. increase expense allowance to $750 per month; 3. increase life insurance to $310,000; 4. allow use of Deloitte Haskins & Sells for tax advisement reasons, at no cost to the city; 5. hours of work to be as necessary; 6. receive pay for accumulated vacation and/ or executive time not used in the two year accmu- lation period. Motion carried. The following items were discussed and were acted upon as indicated: · 1568 I I City Council Minutes page 7 October 20, 1987 1. Consideration of a loan program tied to a long term agreement, was referred to the Finance Commit- tee for further study; 2. Establishing the auto for the City Admini- strator/City Clerk as a Safety Vehicle, was referred to the Finance Committee for study; 3. Reimbursement for funds which are attended by the City Administrator/City Clerk or donations made to groups, individuals, or organizations that are of interest to the City, referred to the Finance Committee for study. There being no further business to come before the Council it was moved by Ybarra, seconded by Davis, that the meeting adjourn. Motion carried. ATTEST: ~~:~;t? y~~ Bruce V. Malkenhorst, City Clerk ?t-' / ..../ . .. / 15G9