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19880920 Regular City Council Meeting - Minutes MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 20, 1988 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, DAVIS, MCCORMICK, GONZALES MEMBERS ABSENT: NONE I The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the minutes of the City Council meeting held September 6, 1988, be approved as submitted and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, that the minutes of the Adjourned Regular City Council meeting held September 12, 1988, be approved as submitted and adopted. Motion carried. RESOLUTION NO. 5555 - A Resolution of the City Council of the City of Vernon Adding Subsection (g) to Section 14, Page 13, and Amending Exhibit "A", Schedule II, Pages 8, 9, and 10 of Resolution No. 5531 Which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5555 be approved and adopted. Motion carried. At this time the Mayor presented a service pin to Genero Acosta, Utilityman in the Community Services Department, in recognition of 35 years of service. At 5:02 p.m. the Mayor declared a short recess. The Council reconvened in regular session all members present before the recess again being present, the time being 5:05 p.m. Police Department Activity Log for the period September 1 thru 15, 1988, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log be received and filed. Motion carried. I Fire Department Activity Report for the period September 1 thru 15, 1988, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report be received and filed. Motion carried. Health Department Report for the month of August 1988, was presented. It was moved by McCormick, seconded by Davis, that the Health Department Report be received and filed. Motion carried. At this time the Mayor asked if there was anyone in the audience who wished to address the Council on any matters listed on today's agenda other than the Public Hearings. Messrs. Jan Tol and Larry Galvan from the City of Cudahy Education Commission addressed the Council regarding the Chern Clear Project. 1773 City Council Minutes page 2 September 20, 1988 Messrs. Brearley & Vaits advised them that this project was issued a Conditional Use Permit from the City in March 1987. Presently all clearances are in the hands of applicable State and County agencies. Public Hearing to consider an application from Alan S. Cohen for a variance to utilize non-conforming truck docks at 2850 46th Street (continued from September 6, 1988). I It was moved by McCormick, seconded by Gonzales, that the Public Hearing to consider Alan S. Cohen's application for a variance be continued to the next City Council Meeting. Motion carried. Communication from Victor Vaits, Director of Community Services dated September IS, 1988, was presented, advising that Sam Perricone & Seymour Owens have submitted a fully executed Grant Deed (for street purposes) for portion of properties situated at 2850/2950 E. Vernon Avenue an it is hereby recommended that the Grant Deed be accepted, the certificate of acceptance be approved and the Mayor and City Clerk authorized to execute same. It was moved by Ybarra, seconded by Davis, that the aforementioned communication regarding Sam Perricone and Seymour Evans be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 15, 1988, was presented, advising that Sam Perricone & Seymour Owens (owners of property located at 2850-2950 Vernon Avenue) have requested an adjustment of the common boundary between the parcels. This would move the common boundary easterly approximately 62 feet. This request has been reviewed by the Director of Community Services, and is in accordance with the California Subdivision Map Act and the General Plan of the City. It is hereby recommended that the lot line adjustment be granted. RESOLUTION NO. 5554 - A Resolution of the City Council of the City of Vernon Approving the Lot Line Adjustment Requested by Sam Perricone and Seymour Owens, was presented. I Communication from Bruce V. Malkenhorst, City C1erk,dated September 15, 1988, was presented, advising that Sam Perricone & Seymour Owens (owners of property located at 2850-2950 Vernon) have requested a variance from the 1985 Edition of the Uniform Building Code, Table No. 17-A. They are proposing to subdivide an existing building into two (2) separate buildings each approximately 50,000 sq. ft. by utilizing an existing four-hour fire resistive wall on the proposed property line in place of separate four-hour fire resistive walls for each building. Each building will be on an individual lot and the separation wall will be a common wall. This request has been reviewed by the Director of Community Services and the Fire Department and it is hereby recommended that said variance be granted. It was moved by Gonzales, seconded by McCormick, that the aforementioned communications concerning the request for a Lot Line Adjustment and Variance by Sam Perricone and Seymour Owens and Resolution No. 5554 be deferred to the next City Council Meeting Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September IS, 1988, was presented, recommending authority and funds be granted to the following city officials to attend the National League of Cities 65th Congress of Cities Exposition in Boston, Massachusetts, December 4 to 7, 1988, with an expense allowance of $1050: 1774 City Council Minutes page 3 September 20, 1988 Leonis Malburg, Mayor Thomas Ybarra, Mayor Pro tern Larry Gonzales, Councilman Wm. Mike McCormick, Councilman William Davis, Councilman Bruce V. Malkenhorst, City Clerk It was moved by McCormick, seconded by Davis, that authority be granted for the above referenced city officials to attend the National League of Cities 65th Congress of Cities Exposition in Boston, December 4 to 7, 1988 with an expense allowance of $1050. Motion carried. I Communication from Bruce V. Malkenhorst, City Clerk, dated September 13, 1988, was presented, recommending that the city participate in the Sister Cities International (S.C.I.) which is a non-profit organization that fosters international cooperation and understanding thru Sister City relationships between U.S. cities and other nations. If approval is granted a membership fee of $50 is required and adoption of a resolution supporting the city's interest in said organization. It was moved by McCormick, seconded by Ybarra, that approval be granted for the City of Vernon to participate in Sister Cities International and pay the $50 membership fee, and that the City Attorney be advised to prepare a Resolution supporting the City's interest. Motion carried. Communication from Victor Vaits, Director of Community Services, dated September 8, 1988, was presented, advising that Contract No. 484, Traffic Signal Modernization (Bandini Blvd., and Bonnie Beach Place; and Bandini Blvd., and Sierra Pine Avenue) has been completed with a final partial payment of $827.67 now due and the remaining 10% of $5,997.70 payable thirty-five days after acceptance. Mr. Vaits hereby recommends that the work be accepted and authority granted to pay the contractor: Raymor Electric Company, Inc., 315 South San Gabriel Blvd., San Gabriel, California 91776. It was moved by Gonzales, seconded by Davis, that the communication from Victor Vaits be received and filed and the work be accepted. Motion carried. RESOLUTION NO. 5551 - A Resolution of the City Council of the City of Vernon Accepting th Work of Raymor Electric Company, Inc., In accordance with Contract No. 484 of the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5551 be approved and adopted. Motion carried. I Communication from Bruce V. Malkenhorst, Director of Finance, dated September 15, 1988, was presented, transmitting the agenda for the adjourned regular Finance Committee Meeting to be held September 19, 1988, for your approval of recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the Finance Committee Meeting agenda be deferred to the next City Council Meeting. Motion carried. Communication from Victor Vaits, Director of Community Services, dated September 8, 1988, was presented, advising that contract No. 489, Street Improvement (Bonnie Beach, Indiana, Alcoa, 37th Street, Maywood and Exchange Avenues) has been completed with a final partial payment of $176,614.42 now due and the remaining 10% of $31,351.52 payable thirty-five days after acceptance. Mr. Vaits hereby recommends that the work be accepted and authority be granted to pay the contractor Vernon Paving Company 2544 Woodland Drive, Anaheim, California 92801, in accordance with said contract. The Director of Community Services addressed the Council and advised that Santa Fe Land Improvement Company and L.A. Hansen have paid $91,605.26 and $14,475 respectively for a total of 1775 City Council Minutes page 4 $106,080.26 toward the project leaving a balance of $207,434.96 to be paid by the City. The total contract price was $313,515.22. September 20, 1988 It was moved by Ybarra, seconded by Gonzales, that the communication from Victor Vaits be received and filed and the work be accepted. Motion carried. RESOLUTION NO. 5553 - A Resolution of the City Council of the City of Vernon Accepting the Work of Vernon Paving Company in Accordance with Contract No. 489 of the City of Vernon, was presented. I It was moved by Davis, seconded by McCormick, that Resolution No. 5553 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Per- sonnel, dated September IS, 1988, was presented, transmitting the agenda for the Personnel Committee Meeting to be held September 19, 1988, and recommending approval of the recommendations contained thereon. It was moved by Ybarra, seconded by Davis, that the actions listed on the Personnel Committee Agenda held September 19, 1988, be approved as indicated. Motion carried. Warrant Register No. 749 covering claims and demands presented during the period of September 1 thru IS, 1988, which includes Demand Nos. 18990 thru 19215 (inclusive) excluding void Demand Nos. as listed below, excluding Light & Power Demands drawn on the First Interstate Bank totaling $263,554.93 (accounting period September 1988), was examined and audited. 19016 19017 19018 19019 19021 19105 19121 19140 19149 19200 19201 19202 19203 19204 19205 19020*** It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 749 be approved and payment authorized for Demand Nos. 18990 thru 19215 (inclusive) totaling $263,554.93, excluding void demands numbers listed above and Light and Power demands. Motion carried. Warrant Register No. 749 covering claims and demands pre- sented during the period of September I, thru IS, 1988, which includes Light & Power Demand Nos., as listed below, drawn on the First Interstate Bank totaling $6,248,360.65 (accounting period September 1988), was examined and audited. I 18990 19015 19056 19087 19127 19157 19188 18991 19026 19058 19095 19138 19170 19190 18993 19029 19068 19097 19145 19177 19195 19000 19037 19078 19104 19148 19180 19208 19007 19039 19079 19117 19150 19183 19211 19009 19044 19080 19122 19151 19184 19014 19054 19086 19125 19156 19185 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 749 be approved and payment authorized for Light & Power Demand Numbers as listed above totaling $6,248,360.65. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Payroll Warrant Register No. 383 covering claims and demands presented during the period of July 17, 1988 thru August 1988, which includes Demand Nos. 5132 thru 5159 (inclusive) drawn on the First Interstate Bank totaling $992,384.43 (accounting period August 1988), was examined and audited. 1776 I I City Council Minutes page 5 September 20, 1988 It was moved by Payroll Warrant Register totaling $992,384.43 for Motion carried. McCormick, seconded by Gonzales that No. 383 be approved and payment authorized Demand Nos. 5132 thru 5159 (inclusive). Communication from Fire Chief Larry Spadt, dated September 14, 1988, was presented, requesting authority and funds for Battalion Chief Richard Wiles to attend the California Fire Chiefs' Association Southern Section 1988 Training Officers Improvement Seminar in San Diego, October 6 to 7, 1988, with an expense allowance of $375. It was moved by Ybarra, seconded by Davis, that authority be granted to issue warrant to Richard Wiles in the amount of $375 for his attendance to the California Fire Chiefs' Association Southern Section 1988 Training Officers Improvement Seminar in San Diego October 6 and 7, 1988. Motion carried. At this time it was moved by Ybarra, seconded by McCormick, that the Council recess to Closed Session for personnel purposes pursuant to Government Code Section 54957, the time being 5:55 p.m. Motion carried. All persons with the exception of the City Attorney, the City Clerk, and the Police Chief were excused from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Chief Espinoza was excused from Closed Session, the time being 6:35 p.m. It was moved by McCormick, seconded by Davis, that the Council go out of closed Session and resume regular session, the time being 6:36 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzalesa, that the Council recess to Closed Session to meet with its attorney regarding matters of pending litigation pursuant to Government Code Section 56956.9(a). Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session the time being 6:55 p.m. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Council Davis was excused from Closed Session the time being 6:55 p.m. Councilman Davis resumed his seat on the Council, the time being 7:05 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume Regular Session, the time being 7:06 p.m. Motion carried. The City Attorney advised the Council that Southern California Edison Company had filed an action before the Federal Energy Regulatory Commission in FERC Docket NO. 88-577 to change the rates for transmission service in certain FERC rate schedules and Contract Rate TN which directly impacts the City of Vernon. Therefore, the City Attorney requested that the City Council ratify and approve the filing of a Protest, Petition to Intervene and Request for Suspension on Behalf of the City of Vernon, California. It was moved by Gonzales, seconded by Ybarra, that the filing of a Protest, Petition to Intervene and Request for Suspension in FERC Docket No. ER88-577 be ratified and approved. Motion carried. Councilman Davis abstained from voting on the 1777 I I City Council Minutes page 6 September 20, 1988 above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. The City Attorney advised the Council that he had received a Notice of (1) Settlement of Class Action, (2) Preliminary Approval of Such Settlement, and (3) Hearing on Final Approval Thereof in the matter of the City of Whittier, etc., et ale V. State Compensation Insurance Fund, LASC Case No. CA 000590. This action was filed on January 10, 1980 by certain California cities to recover from the State Compensation Insurance Fund full reimbursement of Labor Code Section 4850 benefits paid to injured safety employees by the cities. Negotiation of this matter has led to a settlement agreement, subject to approval by the Court. On September 9, 1988, the Court preliminarily approved the settlement, approved the Notice filed and directed that a hearing be set in order to permit the class members to be heard before final approval of the proposed settlement was considered. The City Attorney recommended that the City Council approve the proposed settlement of this matter on behalf of the City of Vernon. It was moved by Ybarra, seconded by McCormick, that the proposed settlement of City of Whittier, etc., et ale V. State Compensation insurance Fund, LASC Case No. CA 000590, be approved. Motion carried. At this time the Mayor declared that the Redevelopment Agency would hold its first meeting, Tuesday, October 4, 1988, at 6:15 p.m. There being no further business to come before the Council it was moved by McCormick, seconded by Ybarra that the meeting adjourn. Motion carried. ~. a"yo r ATTEST: p /~U7 Bruce V. Malkenhorst City Clerk 1778