19871117 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD NOVEMBER 17, 1987, AT
4:45 P.M. IN THE COUNCIL CHAMBERS OF THE
CITY HALL LOCATED AT 4305 SANTA FE AVENUE
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Gonzales, that the
minutes of the meeting held November 3, 1987, be approved as
written and adopted. Motion carried.
Police Department Activity Log for the period November
1, thru 15, 1987, was presented.
It was moved by Davis, seconded by McCormick, that the
Police Department Activity Report for the period November 1 thru
15, 1987 be received and filed. Motion carried.
Fire Department Activity Report for the period November
1 thru 15, 1987, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period November 1 thru
15, 1987, be received and filed. Motion carried.
Health Department Report for the month of November,
1987.
It was moved by Ybarra, seconded by Davis, that the
Health Department Report for the month of November be deferred to
the next meeting. Motion carried.
At this time the Mayor asked if there was anyone in the
audience who wished to address the Council on any matter listed
on today's agenda.
Representatives on behalf of American Private Power came
before the Council regarding the upcoming public hearing which
was scheduled for later this evening. They asked the Council to
consider approving their Conditional Use Permit and to not delay
it any further. They advised the Council it has been determined
that they are exempt under State Law and Federal Law.
At this time a Mr. Anthony Brent came before the Council
to discuss the required new sewer line needed for their property
located at 4724 & 4726 E. 26th Street. He advised the Council
that this is an extremely costly expense for them and they wish
to seek any other alternative possible and would work with the
City Staff to try to arrive at a mutually acceptable solution.
Communication from Anthony Brent, Managing General
Partner of KBB Investments, dated October 30, 1987, was
presented, with regard to new construction at 4724 and 4726 E.
26th,Street and the necessity of a new sewer line servicing the
new buildings and the inordinate length of said line between
property and hook up location and the cost they will incur for
said installation.
It was moved by McCormick, seconded by Davis, that this
matter be referred to Community Services Department and that said
communication be received and filed. Motion carried.
Continuation of the Public Hearing in the matter of the
proposed construction and operation of a 120 KW Engine/Generator
to be located at 6062 Alcoa Avenue, Vernon (continued from
November 3, 1987, meeting).
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November 17, 1978
The City Attorney advised that he had prepared a Legal
Opinion which included a Legal Opinion from the City's Washington
D.C. attorney, Mr. Arnold Fieldman, for the City Council in this
matter and that a copy of same had been transmitted to the
attorney for American Private Power. The City Attorney
recommended to City Council that the Public Hearing be continued
to the next City Council meeting.
It was moved by Gonzales, seconded by Ybarra, that the
Legal Opinion of City Attorney be received and filed. Motion
carried.
It was moved by McCormick, seconded by Davis, that the
Public Hearing in the matter of the proposed construction and
operation of a 120 KW Engine/Generator be continued to the next
meeting. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated November 12, 1987, was presented, transmitting the
Minutes of the Finance Committee Meeting held November 9, 1987,
for your approval of recommendations contained therein.
It was moved by Ybarra, seconded by Davis, that the
minutes of the Finance Committee Meeting held November 9, 1987,
be approved as written and adopted. Motion carried.
RESOLUTION NO. 5440 - A Resolution of The City Council
of the City of Vernon Authorizing the Sale of Surplus Property
from the Health & Environmental Control Section of the City
Administrator/City Clerk's Department Pursuant to Section 2.31
of the Vernon City Code, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 5440 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated November 12, 1987, was presented, recommending
that the following personnel actions be approved as indicated:
I Hire:
Martha Parra hired as a full time regular
employee as Secretary, Step 7, assigned to the City
Administrator's office with a monthly salary of $1692
effective November 16, 1987, contingent upon her
successful completion of a pre-employment physical.
It was moved by Ybarra, seconded by Davis, that Martha
Parra be hired as Secretary, Step 7, assigned to the City Admin-
istrator's office effective November 16, 1987, with continued
employment contingent upon her successful completion of a pre-
employment physical. Motion carried.
II Step Increases and Advancements:
Police Officer Mark R. Chavez be advanced to Police
Officer I, Step 3, with a new monthly salary of $2101
effective November 11, 1987, based on his recent
graduation from Rio Police Hondo Academy and in
accordance with Section 2.5 of the MOU dated August
31, 1986.
It was moved by McCormick, seconded by Davis, that
Officer Mark R. Chavez be advanced to Police Officer I, Step 3,
effective November II, 1987. Motion carried.
Police Officer Charles Mottern be advanced to Police
Officer I, Step 3, with a new monthly salary of $2101
effective November 9, 1987, based on his recent grad-
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November 17, 1987
uation from the San Diego Law Enforcement Academy and
in accordance with Section 2.5 of the MOU dated
August 31, 1986.
It was moved by Ybarra, seconded by Davis, that Officer
Charles Mottern be advanced to Police Officer I, Step 3,
effective November 8, 1987. Motion carried.
III Reimbursement:
Officers Randolph Phillips and James Williams be
reimbursed $178.39 and $186.35, respectively, which
is half the purchase price of their body armor and
in accordance with Section 11.1 of the MOU dated
August 31, 1986.
It was moved by Gonzales, seconded by Davis, that
Officers Randolph Phillips and James Williams be reimbursed
$178.39 and $186.35, respectively. Motion carried.
IV Termination:
Officer Victor F. Durqndette be separated from
employment effective November 10, 1987, at the
end of his shift, based on his failure to pass the
background process.
It was moved by Ybarra, seconded by Davis, that Officer
Victor Durandette be separated from employment effective November
10, 1987. Motion carried.
V Reclassifications:
Fire Engineer James Smith be advanced and reclas-
sified to Acting Captain, Step 3, with a new monthly
salary of $3860 (which includes 10% longevity pay)
effective November 15, 1987. This is to fill the
vacant position of Captain Logan D. Clark who is
presently off IOD.
It was moved by McCormick, seconded by Davis, that Fire
Engineer James Smith be advanced and reclassified to Acting Cap-
tain Step 3, with a new monthly salary of $3860 (which includes
10% longevity pay) effective November IS, 1987. Motion carried.
RESOLUTION NO. 5441 - A Resolution of the City Council
of the City ,of Vernon Approving and Authorizing the Execution of
a Letter Agreement By and Between the City of Vernon ("Vernon")
and the Southern California Edison Company ("Edison") providing
for the Purchase of Replacement Capacity by Vernon From Edison
for the City Capacity Resources Integrated by Vernon (Entitle-
ments in Palo Verde Units I, 2, and 3), was presented.
It was moved by Gonzales, seconded by Ybarra, that reso-
lution No. 5441 be approved and adopted. 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. Motion carried.
RESOLUTION NO. 5442 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Amendment No. 1 to the California--Oregon Transmission Project
Agreement Among the Cities of Anaheim, Azusa, Banning, Colton,
Riverside, and Vernon Providing for Clarification of Certain
Sections Within the Transmission Project Agreement, was
presented.
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November 17, 1987
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5442 be approved and adopted. Motion carried.
RESOLUTION NO. 5443 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
the Twenty-Seventh Addendum to the Western Systems Coordinating
Council Agreement Providing for Membership in Said Coordinating
Council, was presented.
It moved by Ybarra, seconded by Davis, that Resolution
No. 5443 be approved and adopted. Motion carried.
RESOLUTION NO. 5444 - A Resolution of the City Council
of the City of Vernon Amending Section II, Subsection (e), 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 Gonzales, seconded Davis, that Resolution
No. 5444 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 12, 1987, recommending that the proposal from
Development & Management Services for their preparation of a
Warehouse Market Analysis be accepted and that the Mayor and
City Clerk be authorized to execute same on behalf of the City.
It was moved by Ybarra, seconded by McCormick, that the
proposal from Development & Management Services for the prepar-
ation of a Warehouse Market Analysis be accepted and that said
communication be received and filed. Motion carried.
RESOLUTION No. 5445 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of An
Agreement By and Between the City of Vernon and Development &
Management Services for the Preparation of a Warehouse Market
Analysis, was presented.
It was moved by Gonzales, seconded by-Davis, that Reso
lution No. 5445 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 12, 1987, was presented, advising that Roadway
Package System, Inc., has submitted a completed application for a
Conditional Use Permit to operate a truck terminal in an expanded
facility at 2600 28th Street. It is hereby recommended to the
Council to receive the application and supporting documents, and
on the basis of the information provided, approve a Notice of
Intent to Adopt a Negative Declaration in compliance with the
California Environmental Quality Act stating that the project
will not have a significant effect on the environment.
It was moved by Gonzales, seconded by Ybarra, that the
application and supporting documents for a Conditional Use Permit
to operate a truck terminal at 2600 28th Street be received and
filed, and that a Notice of Intent to Adopt a Negative Declaration
be approved; and that a Public Hearing in said matter be set for
December 1, 1987 at or about 5:00 p.m. Motion carried.
Warrant Register No. 729 covering claims and demands
presented during the period November 1 thru 15, 1987, which
includes Demand Nos. 15036 thru 15266 (inclusive) excluding void
Demand Nos. as listed below, excluding Light & Power Demands
drawn on First Interstate Bank totaling $306,103.13 (accounting
period November, 1987), was examined and audited:
15051
15063
15065
15066
15067
15068
15069
15070
15071
15211
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City Council Minutes
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November 17, 1987
It was moved by Davis, seconded by Gonzales, that Warrant
Register No. 729 be approved and payment authorized for Demand
Nos. 15036 thru 15266 (inclusive) excluding void Demand Nos. as
listed above excluding Light & Power Demands drawn on the First
Interstate Bank totaling $306,103.13, with no other exceptions.
Motion carried.
Warrant Register No. 729 covering claims and demands
presented during the period November 1 thru 15,1987, which
includes Light & Power Demand Nos., as listed below, drawn on the
First Interstate Bank totaling $4,910,786.56 (accounting period
November 1987), was examined and audited:
15036
15037
15038
15039
15040
15052
15061
15062
15087
15090
15091
15121
15129
15133
15145
15160
15179
15181
15184
15190
15200
15210
15212
15214
15216
15219
15228
15230
15232
15236
15238
15240
15241
15245
15258
15265
It was moved by Ybarra, seconded by McCormick, that
payment be authorized for Light & Power Demand Nos. as listed
above in the amount of $4,910,786.56 (with no other exceptions).
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. Motion carried.
Payroll Warrant Register No. 373 covering claims and
demands presented during the period of September 13 thru October
10, 1987, which includes Demand Nos. 4885 thru 4909 (inclusive)
drawn on the First Interstate Bank totaling $863,602.58
(accounting Period October 1987).
It was moved by McCormick, seconded by Ybarra, that
Payroll Warrant Register No. 373 be approved and payment
authorized for Demand Nos. 4885 thru 4909 (inclusive) in the
amount of $863,602.58 drawn on First Interstate Bank. Motion
carried.
It was moved by Ybarra, seconded by McCormick, that the
City Council recess to Closed Session pursuant to Government
Code Section 54957, the time being 6:20 p.m. Motion carried.
All persons with the exception of the City Clerk and the
City Attorney were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
It was moved by Ybarra, seconded by McCormick, that
Council go out of Closed Session, the time being 7:07 p.m.
Motion carried.
It was moved by Gonzales, seconded by Davis, that the
City Council recess to Closed Session pursuant to Government Code
Section 54956.9(a), (b) (1), the time being 7:08 p.m. Motion
carried.
All persons with the exception of the City Clerk and the
City Attorney, were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
It was moved by Ybarra, seconded by McCormick, that the
City Council go out of Closed Session, the time being 7:32 p.m.
Motion carried.
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November 17, 1987
It was moved by Gonzales, seconded by Davis, that the
Claim from the law offices of Barry Gruman on behalf of Blanca
Sorto and Maria Bonilla arising from an accident occurring on
Soto Street south of 26th Street on October I, 1987 be denied.
Motion carried.
There being no further business to come before the
Council it was moved by McCormick, seconded by Davis, that the
meeting adjourn. Motion carried.
ATTEST:
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L~onis C. Malb rg, Mayo
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Bruce V. Malkenhorst
City Clerk
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