19871020 Regular City Council Meeting - Minutes
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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
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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.
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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
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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.
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City Council Minutes
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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.
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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.
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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.
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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.
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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:
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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:
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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:
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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:
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Bruce V. Malkenhorst, City Clerk
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