19871201 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD DECEMBER 1, 1987 AT
5:00 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 Davis, seconded by Gonzales that the
minutes of the meeting held November 17, 1987, be approved as
written and adopted. Motion carried.
At this time, the Mayor presented Service Pin Awards to
the following employees:
Fire Engineer John Kriste
30 years
Fire Engineer Lloyd Hudson
30 years
Fire Captain Jerry Stickel
30 years
Fire Captain Logan Clark passed away suddenly on
November 22, 1987, and was laid to rest on Wednesday, November
25, 1987. At that time Mrs. Logan Clark was presented with a 30
year service pin by Mr. Bruce Ma1kenhorst along with the city's
condolences.
At 5:10 P.M., the Mayor declared a recess.
At 5:15 P.M., the City Council reconvened in regular
session, all members present before the recess, again being
present.
RESOLUTION NO. 5447 - A Resolution of the City Council
of the City of Vernon Commending Leonard Gonzalez for His Many
Years of Service to the City of Vernon, was presented.
It was moved by Ybarra, seconded by McCormick that
Resolution No. 5447 be approved and adopted. Motion carried.
At 5:18 P.M., the Mayor declared a recess.
At 5:20 P.M., the City Council reconvened in regular
session, all members present before the recess, again being
present.
Health Department Report for the month of October 1987,
(deferred from November 17, City Council meeting), was presented.
It was moved by Ybarra, seconded by Davis, that the
Health Department Report for the month of October, 1987, be
received and filed. Motion carried.
Police Department Activity Log for the period November
16, thru 30, 1987, was presented.
It was moved by McCormick, seconded by Gonzales that the
Police Department Activity Log for the above-mentioned period be
received and filed. Motion carried.
Fire Department Activity Report for the period November
16, thru 30, 1987, was presented.
It was moved by Davis, seconded by Ybarra, that the Fire
Department Activity Report for the above-mentioned period be
received and filed. Motion carried.
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December 1, 1987
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.
There was no one present in the audience who wished to
address the City Council at this time.
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It was moved by Gonzales, seconded by Ybarra, that the
Public Hearing in the matter of a proposed truck terminal to be
located at 2600 E. 28th Street be opened, the time being 5:22 P.M.
Motion carried.
Jim Maxwell, Assistant to the Vice President of Roadway
Package System, Inc., for said location, came before the council
to discuss the above issue.
Victor Vaits, Director of Community Services, addressed
the Council with regard to the proposed truck terminal at 2600
E. 28th Street and also advised the council that after further study
of the proposed project an additional condition should be added,
that being, they are required to obtain a business license from
the City.
It was moved by Ybarra, seconded by McCormick that the
Public Hearing be closed, the time being 5:40 P.M. Motion
carried.
Communication from Victor Vaits, Director of Community
Services, dated November 25, 1987, was presented advising that
Roadway Package System, Inc., has applied for a Conditional Use
Permit to operate a trucking facility on their property located
at 2600 E. 28th Street, and transmitting for consideration the
following supporting documents:
1. request for a Conditional Use Permit and infor-
mation supporting the permit application;
2. notice of a public hearing, copies of notifica-
tion letters to owners and tenants in the area and
affidavits of posting and mailing;
3. Notice of Intent to adopt a Negative Declar-
ation and affidavits of posting and mailing;
4. environmental information form;
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5. engineers report.
Mr. Vaits advised that in his op1n1on the proposed operation will
pose no adverse effects to the City of Vernon or any other sur-
rounding area, and that the project is consistent with the
General Plan as adopted by the City of Vernon and will not have a
significant effect on the environment, and no mitigating
measures are required.
Based on the aforementioned Mr. Vaits recommends that the City
Council determine that the project is consistent with the General
Plan as adopted by the City of Vernon and that the project will
not have a significant effect on the environment and adopt a
Negative Declaration.
Mr. Vaits also recommended that the Conditional Use Permit be
granted contingent upon the following conditions:
1. The facility be operated in accordance with the
appropriate codes, rules, regulations and permit
fees as adopted by the City of Vernon;
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December I, 1987
2. any hazardous substances used or handled are
required to have prior approval from the Vernon
Fire Department;
3. the number of employee parking spaces required
per the Vernon City Code must be provided and
maintained; ----
4. the truck and trailer storage and parking plan
shall be approved by the Director of Community Ser-
vices and the Fire Chief prior to occupancy;
5. provide a traffic signal including poles,
signals, controller cabinet, loops, luminated
signs, pedestrian warning and any other necessary
apparatus at the intersection of 28th Street and
Santa Fe Avenue; the signal shall also include a
protected left turn from Santa Fe Avenue to 28th
Street, all to be constructed as directed by the
Director of Community Services;
6. contribute to 10% of the cost of upgrading the
railroad crossing protection at the tracks crossing
28th Street just east of Santa Fe Avenue as recom-
mended by the P.U.C.
7. provide street improvements per Plans C-4, C-5,
and C-6, 28th Street cul-de-sac, before occupancy.
It was moved by Gonzales, seconded by Davis, that the
supporting documents as submitted by the Director of Community
Services with regard to a proposed truck terminal to be located
at 2600 E. 28th Street be received as evidence and filed in the City
Clerk's office; and hereby determines that the project is con-
sistent with General Plan as adopted by City of Vernon and that
the project will not have a significant on the environment.
Motion carried.
Based on the information submitted, it was moved by
Gonzales, seconded by Davis, that a Negative Declaration in
the matter of the proposed truck terminal to be located at
2600 E. 28th Street be approved and adopted. Motion carried.
Based on the information provided during the Public
Hearing by the Director of Community Services, and the afore-
mentioned communication, it was moved by Gonzales, seconded by
Davis, that a Conditional Use Permit be granted to Roadway
Package System, Inc., for their construction of a truck terminal
at 2600 E. 28th Street, contingent upon the following conditions:
1. The facility be operated in accordance with the
appropriate codes, rules, regulations and permit
fees as adopted by the City of Vernon;
2. any hazardous substances used or handled are
required to have prior approval from the Vernon
Fire Department;
3. the number of employee parking spaces required
per the Vernon City Code must be provided and
maintained; ----
4. the truck and trailer storage and parking plan
shall be approved by the Director of Community Ser-
vices and the Fire Chief prior to occupancy;
5. provide a traffic signal including poles,
signals, controller cabinet, loops, luminated
signs, pedestrian warning and any other necessary
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City Council Minutes
page 4
December 1, 1987
apparatus at the intersection of 28th Street and
Santa Fe Avenue; the signal shall also include a
protected left turn from Santa Fe Avenue to 28th
Street, all to be constructed as directed by the
Director of Community Services at 100% of the cost
not to exceed $65,000.
6. contribute 10% of the cost not to exceed $15,000
of upgrading the railroad crossing protection at the
tracks crossing 28th Street just east of Santa Fe
Avenue as recommended by the P.U.C.
7. provide street improvements per Plans C-4, C-5,
and C-6, 28th Street cul-de-sac, before occupancy.
8. obtain a City business license and pay
the applicable fee.
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 17, 1987, meeting).
It was moved by Ybarra, seconded by Davis, that 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 be continued to January 5, 1988. Motion
carried.
Warrant Register No. 730 covering claims and demands
presented during the period of November 16 thru 30, 1987, which
includes Demand Nos. 15267 thru 15417 (inclusive) excluding void
Demand Nos. as listed below excluding Light & Power Demands drawn
on the First Interstate Bank totaling $260,776.35 (accounting
period December 1987), was examined and audited:
15283
15284
15285
15286
15288
15289
15290
15291
15292
15293
15294
15295
15296
15297
15298
15299
15300
15301
15302
15303
15304
15305
15287*
It was moved by Ybarra, seconded by McCormick that
Warrant Register No. 730 be approved and payment authorized for
Demand Nos. 15267 thru 15417 (inclusive) excluding void Demand
Nos. as listed above, and excluding Light & Power Demands drawn
on the First Interstate Bank totaling $260,776.35, with no other
exceptions. Motion carried.
Warrant Register No. 730 covering claims and demands
presented during the period of November 16 thru 30, 1987, which
includes Light and Power Demand Nos. as listed below drawn on
the First Intestate Bank totaling $588,575.65 (accounting
period December 1987), was examined and audited:
15269 15280 15340 15350 15373
15271 15281 15344 15356 15376
15272 15318 15345 15362 15388
15274 15332 15346 15366 15394
15275 15336 15348 15367 15398
15276 15339 15349 15369 15416
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 730 be approved and payment authorized for
Demand Nos. as listed above, totaling $588,575.65 (accounting
period, December 1987). 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.
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December 1, 1987
Communication from Bruce V. Ma1kenhorst, Director of
Personnel, dated November 25, 1987, was presented, recommending
that the following personnel actions be approved as indicated:
I Hire:
Robert S. Pellerin be hired for the position of
Police Officer I, Step 4, with a monthly salary
of $1991, and that the Employment Agreement for
the position of Police Officer I in the Vernon
Police Department, by and between the City of
Vernon and Robert S. pellerin be accepted and
ratified as of November 23, 1987, with continued
employment contingent on his successful completion
of the background process.
It was moved by Davis, seconded by McCormick, that
Robert S. Pellerin be hired for the position of Police Officer I,
Step 4, and that said employment agreement be accepted and
ratified, as of November 23, 1987, with continued employment
contingent on his successful completion of the background
process. Motion carried.
II Step Increases and Advancements:
Police Officer Julio C. Ca1leros be advanced
to Police Officer I, Step 3, with a new monthly
salary of $2101, effective November 17, 1987,
based on his recent graduation from Rio Hondo
Police Academy and in accordance with Section 2.5
of the MOU dated August 31, 1986;
It was moved by Ybarra, seconded by Davis, that Police
Officer Julio Calleros be advanced to Police Officer I, Step 3,
effective November 17, 1987. Motion carried.
Police Officer Christian N. Moscoso to be
advanced to Police Officer I, Step 3, with a new
monthly salary of $2101, effective November 17, 1987,
based on his recent graduation from Rio Hondo Police
Academy and in accordance with Section 2.5 of the MOU
dated August 31, 1986.
It was moved by McCormick, seconded by Ybarra, that
Police Officer Christian N. Moscoso be advanced to Police Officer
I, Step 3, effective November 17, 1987. Motion carried.
Sergio Valenzuela, an Engineering Aide III,
Step 7, in the Light & Power Department, be granted
a merit step increase to Engineering Aide III,
Step 6 with a new monthly salary of $1785, based
on his satisfactory job performance during the
past year and if approval is granted, it shall
be effective December 6, 1987.
It was moved by Davis, seconded by Gonzales, that
Sergio Valenzuela, be granted a merit step increase to
Engineering Aide III, Step 6, effective December 6, 1987. Motion
carried.
Fire Captain, James Raabe be advanced to Fire
Captain, Step 4, with a new monthly salary of $3742
(which includes 10% longevity pay plus 2 1/2% educa-
tional incentive pay) effective November 22, 1987,
based on his meritorious job performance.
It was moved by McCormick, seconded by Gonzales, that
Fire Captain James Raabe be advanced to Fire Captain, Step 4,
with a new monthly salary of $3742 (which includes 101 longevity
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December 1, 1987
pay plus 2 1/2% educational incentive pay) effective November 22,
1987, based on his meritorious job performance. Motion carried.
III Reclassifications:
Acting Battalion Chief, Richard Wiles be returned
to the position of Fire Captain, Step 1, with a
new monthly salary of $4296 (which includes 10%
longevity pay) effective November 13, 1987. Captain
Wiles was filling in for Battalion Chief Arnold
DeBoer who was off due to an IOD.
It was moved buy Ybarra, seconded by Davis that Acting
Battalion Chief, Richard Wiles be returned to the position of
Fire Captain, Step 1, with a new monthly salary of $4296 (which
includes 10% longevity pay), effective November 13, 1987. Motion
carried.
Acting Captain, Andrew Be1towski, be advanced
and reclassified to Fire Captain, Step 3, with a
new monthly salary of $3948 (which includes 10%
longevity plus 2 1/2% educational incentive pay),
effective November 22, 1987. This would fill
the vacant Captain position.
It was moved by McCormick, seconded by Davis that Acting
Captain, Andrew Beltowski, be advanced and reclassified to Fire
Captain, Step 3, with a new monthly salary of $3948 (which
includes 10% longevity plus 2 1/2% educational incentive pay),
effective November 22, 1987. This would fill the vacant Captain
position. Motion carried.
IV Termination:
Police Officer Kevin S. Smith be terminated,
effective November 23, 1987, based on his failure
to pass probation.
It was moved by Ybarra, seconded by Gonzales, that
Police Officer Kevin S. Smith be terminated, effective November
23, 1987, based on his failure to pass probation. Motion
carried.
V Reimbursement:
Martha Garcia, Accountant, be reimbursed $74.08
from the Education and Training Appropriation account
for her satisfactory completion of courses taken at
East Los Angeles College, related to her position
with the city.
It was moved by Davis, seconded by McCormick, that
Martha Garcia, Accountant, be reimbursed $74.08. Motion carried.
Officer Michael Gillman be reimbursed $185.47,
which is half the purchase price of his Body Armor
(vest); and is in accordance with Section 11.1
of the Memorandum of Understanding dated August
31,1986.
It was moved by McCormick, seconded by Ybarra, that
Officer Michael Gillman be reimbursed $185.47. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 19, 1987, was presented, requesting authority and
funds for Edward A. Cooney to attend the California Society of
Municipal Finance Officer's Seminar in Anaheim, California
February 3 to 6, 1988, with an expense allowance of $490.
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It was moved by Davis, seconded by Ybarra, that the
aforementioned communication for the City Clerk requesting
authority and funds for Edward A. Cooney to attend the,
California Society of Municipal Finance Officer's Seminar
be deferred to the next City Council Meeting. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 24, 1987, was presented, requesting funds and
authority for himself, Mayor Pro-tem Ybarra, and Councilman Davis
to attend the 1988 Legislative Orientation Tour in Sacramento,
January 19 to 21, 1988, with an expense allowance of $653.
It was moved by McCormick, seconded by Gonzales that
authority be granted for City Clerk, Bruce V. Malkenhorst,
Mayor Pro-Tem Thomas Ybarra and Councilman William Davis, to
attend the 1988 Legislative Orientation Tour in Sacramento,
January 19 to 21, 1988 with an expense allowance of $653.
Motion carried.
Communication from Victor Vaits, Director of Community
Services dated November 24, 1987, was presented transmitting for
consideration Contract No. 484, Traffic Signal MOdernization,
Bandini Blvd., and Bonnie Beach Place; Bandini Boulevard and
Sierra Pine Avenue; and recommending that said contract be
approved and authority be granted to advertise for bids.
It was moved by Ybarra, seconded by McCormick, that the
communication from Victor Vaits regarding Contract No. 484,
be approved and authority granted to advertise for bids. Motion
carried.
RESOLUTION NO. 5446 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 484 and Authorizing
Notice Inviting Sealed Proposals or Bids for Traffic Signal
MOdernization, Bandini Blvd. and Bonnie Beach Place; Bandini
Blvd. and Sierra Pine Avenue, in Accordance with Contract No. 484
of the City of Vernon, was presented.
It was moved by Ybarra, seconded by Davis that Resolution
5446 be approved and adopted. Motion carried.
Communication from Bruce V. Ma1kenhorst, City Clerk,
dated November 25, 1987, was presented, recommending that a pro-
posed amendment to the Power Sales Agreement between the City of
Vernon and the Department of Water Resources of the State of
California be approved. This amendment would extend the period
which the rate of delivery is 27 mw to January 31, 1988. The need
for this extension is due to the possible delay in the operation
date of the gas turbines and would insure that we are able to
fulfill our commitment under Special Condition No. 12 notice.
If approval is granted it would also be necessary to amend the
Edison-Vernon CDWR Firm Transmission Service Agreement dated
December 9, 1986.
It was moved by Ybarra, seconded by McCormick, that the
proposed amendment to the Power Sales Agreement between the City
of Vernon and the Department of Water Resources be approved and
that said communication be received and filed. 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.
RESOLUTION NO. 5448 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing The Execution of An
Amendment Two to the Power Sale Agreement Between the City of
Vernon and the Department of Water Resources of the State of
California, was presented.
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It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5448 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 effect on his source of income.
At this time Mr. Malkenhorst advised the Council that a
communication from Blake, Barnett, Milman & Bell dated November
23, 1987, on behalf of Ben's General Store, was received in a
timely manner for this city council meeting however was inadver-
tently omitted. Mr. Malkenhorst stated that Mr. Rick Blake,
Esquire, is requesting permission for some type of permit which
would allow them to issue or place handbills advertising sales
to be held at Ben's General Store. These would be placed on
public property and they would not venture onto private property
without the owner's permission.
The City Attorney indicated that this matter could be
considered by the Council if the Council approved it as an
emergency situation to allow the item to be placed on the Agenda
after the Agenda had been posted.
It was moved by Gonzales, seconded by McCormick, that
this matter should be placed on the Agenda for consideration at
this Council meeting because it is an emergency situation to per-
mit the distribution of commercial advertising matter prior to
the holiday shopping season and the next Council Meeting would be
too late. Motion carried.
It was moved by McCormick, seconded by Davis, that a
permit be granted to Ben's General Store for the purpose of
distributing handbills throughout the City on public property and
on private property with the permission of the owners effective
immediately up to and including December 31, 1987. Motion
carried.
Ayes: .
Noes:
Absent:
McCormick, Ybarra, Gonzales, Davis
Malburg
None
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 6:50 p.m. Motion carried.
All persons with the exception of the City Attorney and
the City Clerk 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
Council go out of Closed Session and resume Regular Session, the
time being 6:58 p.m. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
Council recess to Closed Session, pursuant to Government Code
Section 54956.9(a) to meet with its attorney regarding pending
litigations, the time being 7:00 p.m.
All persons with the exception of the City Attorney and
the City Clerk, were excluded from Closed Session.
Councilman Davis was excused at 7:16 p.m.
Councilman Davis resumed his seat on the Council, the
time being 7:25 p.m.
The City Attorne indicated that Southern California Edison
Company had filed with the Federal Energy Regulatory Commission in
FERC Docket No. ER88-83 proposed changes in certain tariff sheets
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December 1, 1987
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The City Attorney indicated that Southern California
Edison Company had filed with the Federal Energy Regulatory
Commission in FERC Docket No. ER88-83 proposed changes in certain
tariff sheets that govern wholesale electrical power service to
Vernon. The City Attorney recommended that the City Council
authorize the City Attorney's office to file a motion to
intervene in FERC Docket No. ER88-83 in order to protect the
City's interest in receiving just and reasonable rates for
electric service provided by Southern California Edison Company.
It was moved by Ybarra, seconded by Gonzales, that the
City Attorney's recommendation be approved and that he be
authorized to file a motion to intervene in FERC Docket No. ER88-
83. 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 indicated that Southern California
Edison Company had tendered for filing with the Federal Energy
Regulatory Commission in FERC Docket No. ER88-64 a change of
tariff rates for scheduling and dispatching services provided
under various transmission service agreements with its municipal
resale customers, including Vernon. The City Attorney recom
'mended that the City Council authorize the City Attorney's
office to file a motion to intervene in FERC Docket No. ER88-64
in order to protect the City's interest in receiving just and
reasonable rates for electric transmission service provided by
Southern California Edison Company.
It was moved by McCormick, seconded by Ybarra,
that the City Attorney's recommendation be approved, and
that he be authorized to file a motion to intervene in FERC
Docket No. ER88-64. 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.
It was moved by McCormick, seconded by Ybarra, that
December 24, and December 31, 1987, be granted as additional
holidays to miscellaneous employees that are working on the
the four day work week, who are not required for emergency
services and also any other employees that do not affect oper
ations; as approved by the City Administrator. Motion carried.
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There being no further business to come before the
Council, it was moved by McCormick, seconded by Ybarra, that the
meeting adjourn. Motion carried.
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ATTEST:
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Bruce V. Malkenhorst
City Clerk
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