19890516 Regular City Council Meeting - Minutes
MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD MAY 16,
1989 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, McCormick, Davis
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Davis, that the
minutes of the regular City Council Meeting held May 2, 1989, be
approved as submitted and adopted. Motion carried.
Mayor Malburg presented Service pin awards to the
following employees in the Community Services Department:
Luke Salerno, Foreman ~ 15 years
Vincent Rodriguez, Engineering Aide - 5 years
At this time, Mayor Malburg called a short recess, the
time being 5:07 p.m.
The City Council reconvened in regular session, the time
being 5:09 p.m., all members present before the recess again
being present.
Police Department Activity Log for the period May 1
thru 15, 1989, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period May 1 thru 15,
1989, be received and filed. Motion carried.
Fire Department Activity Report for the period May 1
thru 15, 1989, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period May 1 thru 15,
1989, be received and filed. Motion carried.
Health Department Report for the month of April 1989,
was presented.
It was moved by Davis, seconded by Ybarra, that the
Health Department Report for the month of April 1989, be received
and filed. Motion carried.
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 with regard to Public Hearings.
There was no one present who wished to address the
Council on any matter listed on the agenda.
It was moved by Ybarra, seconded by Davis, to open the
Public Hearing to consider an application for a Conditional Use
Permit from Bay Area - Los Angeles Express, Inc. to operate a
truck terminal at 1799 Industrial Way, the time being 5:10 p.m.
Motion carried.
victor vaits addressed the City Council and briefly
summarized his letter to the City Council dated May 10, 1989 on
1889
I
City Council Minutes
page 2
May 16, 1989
this matter, and advised that an additional condition should be
added to his recommendation as follows:
8. Frontage improvements on Downey Road should be
constructed in accordance with City Standards.
Communication from victor Vaits, Director of Community
Services, dated May 10, 1989, was presented, advising that Bay
Area - Los Angeles Express, Inc. has applied for a Conditional
Use Permit to operate a truck terminal at 1799 Industrial Way and
transmitting the following supporting documents:
1. Request for a Conditional Use Permit and information
supporting the permit application;
2. Notice of Public Hearing, copies of notification,
letters to owners and tenants in the area, and
affidavits of posting and mailing;
3. Environmental Information Form;
4. Engineer's Report.
The application was found to be categorically exempt
from the California Environmental Quality Act process, since they
are using an existing truck terminal and the facility is not
being expanded. It is the opinion of the Director of Community
Services that the proposed operation will pose no adverse effects
to the City of Vernon and will not have a significant effect on
the environment, and no mitigating measures are required.
The Director of Community Services hereby recommends that the
City Council find that the proposed use is categorically exempt
from the California Environmental Quality Act process and that a
Notice of Exemption be filed with the County Clerk, and that the
Conditional Use Permit be granted contingent upon the following
conditions:
1. The facility shall be operated in accordance with
the appropriate codes, rules, regulations and
subject to permit fees as adopted by the City of
Vernon. Prior to occupancy a business license and
occupancy permit shall be obtained;
2. Any hazardous substances used or handled shall have
prior approval from the Vernon Fire and Health
Departments;
3. The number of employee parking spaces required per
Vernon City Code shall be provided and maintained;
4. All parking and loading facilities shall be paved
with a hard, durable surface material and shall be
adequately drained, and kept free of dust, mud,
trash or weeds;
5. Where parking areas adjoin a public street or
streets, a masonry wall not less than 30 inches in
height or landscaped area a minimum of 4 feet in
width, measured from the property line, shall be
established along such frontage, except at drive-
ways, walkways or where other openings are
necessary;
6. Servicing of vehicles including washing, steam
cleaning and repairing shall be performed in
facilities in compliance with appropriate codes;
7. All underground tanks shall be made to conform with
all present City Codes;
1890
City Council Minutes
page 3
May 16, 1989
Jim Kemmer, a realtor with Burr & Temkins, addressed the
Council on behalf of Los Angeles Express, and asked for a waiver
from Condition No.5.
Mr. Vaits replied yes.
The City Clerk asked if this is now an open area.
Mr. Vaits stated there is a chain link fence.
It was moved by Davis, seconded by Ybarra, to close the
Public Hearing with regard to the application for a Co~ditional
Use Permit from Bay Area - Los Angeles Express, Inc., the time
being 5:20 p.m. Motion carried.
It was moved by Gonzales, seconded by McCormick to
receive and file the communication from the Director of Community
Services; and that the City Council finds that the proposed use
is categorically exempt from the California Environmental Quality
Act process and that a Notice of Exemption be filed with the
County Clerk; and that the Conditional Use Permit be granted con-
tingent upon ALL eight (8) of the above listed conditions being
adhered to. Motion carried.
RESOLUTION NO. 5617 - A Resolution of the City Council
of the City of Vernon Granting a Conditional Use Permit to Bay
Area - Los Angeles Express, Inc. for the Operation of a Truck
Terminal at 1799 Industrial Way, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 5617 be approved and adopted. Motion carried.
RESOLUTION NO. 5613 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Ground Lease Between the City of Vernon and 7-Up/RC Bottling
Companies, was presented. (Deferred from the City Council
Meeting held May 2, 1989.)
It was moved by Ybarra, seconded by Malburg, that
Resolution No. 5613 be removed from the agenda. Motion carried.
At this time Mr. Manuel Sanchez, representing Bay Area -
Los Angeles Express, Inc. requested to address the City Council
and asked if the company could get an Occupancy Permit at this
time or did they need to wait.
Mr. vaits advised Mr. Sanchez that he should contact the
Community Services Department first thing in the morning with
regard to this.
Communication from victor Vaits, Director of Community
Services, dated May 10, 1989, was presented, transmitting for
approval Contract No. 494, Traffic Signal Modernization, Santa Fe
Avenue and 27th Street, Downey Road and Vernon Avenue, Santa Fe
Avenue and 25th-26th Street, and recommending that the contract
be approved and authority granted to advertise for bids.
1891
City Council Minutes
page 4
May 16, 1989
It was moved by Gonzales, seconded by Ybarra, that
Contract No. 494 be approved and authority granted to advertise
for bids. Motion carried.
RESOLUTION NO. 5618 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 494 and Authorizing
Notice Inviting Sealed Proposals or Bids for Traffic Signal
MOdernization, Santa Fe Avenue and 27th Street, Downey Road and
Vernon Avenue, Santa Fe Avenue and 25th-26th Street, In
Accordance with Contract No. 494 of the City of Vernon, was
presented.
I
It was moved by McCormick, seconded by Davis, that
Resolution No. 5618 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated May 11, 1989, was presented, transmitting the
agenda for the Personnel Committee Meeting to be held May 15,
1989 for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Davis, that the
recommendations listed on the agenda for the Personnel Committee
Meeting held May 15, 1989, be approved as indicated. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 11, 1989, was presented, transmitting the
agenda for the Finance Committee Meeting to be held May 15, 1989
for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by McCormick, that the
approval of the agenda for the Finance Committee Meeting held May
15, 1989, be deferred until after Closed Session this date.
Motion carried.
Communication from victor vaits, Director of Community
Services, dated May 11, 1989, was presented, advising that the
bids have been received and reviewed in accordance with Contract
No. 487 (Atlantic Avenue, Everett, Ayers and Slauson Avenues
Improvements) and are listed below:
1. Fecit Strata
2. Excel Paving Co.
3. EGN Construction
4. Vernon Paving Co.
5. Modern Asphalt
6. Shawnan Corp.
7. Sully-Miller
8. Bruce Paving Co.
$258,862.90
260,445.00
274,263.28
283,866.37
292,150.63
308,269.60
316,226.15
344,984.77
I
victor vaits advised the City Council that further
information had been received from Fecit Strata and he is hereby
recommending that this bid be awarded to Fecit Strata
Construction Company, 10727 Leland Avenue, Whittier, 90605.
It was moved by Gonzales, seconded by Ybarra, that
Contract No. 487 be awarded to Fecit Strata Construction Company
on the basis of their bid in the amount of $258,862.90. Motion
carried.
RESOLUTION NO. 5621 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Fecit Strata
Construction Company for Atlantic, Everett, Ayers and Slauson
Avenue Improvements, In Accordance with Contract No. 487 of the
City of Vernon and Approving the Execution of Said Contract, was
presented.
It was moved by Mccormick, seconded by Ybarra, that
Resolution No. 5621 be approved and adopted. Motion carried.
1892
I
I
City Council Minutes
page 5
May 16, 1989
Communication from Bruce V. Malkenhorst, City Clerk,
dated May 11, 1989, was presented, transmitting the computation
report as submitted by the Director of Water & Power, determining
the Energy Cost Adjustment Billing Factor for the next two month
period. Based on actual fuel expenses and revenues for the
previous period and Vernon's Light and Power Department forecast
of fuel cost for the next two months, the new factor is NEGATIVE
$.01754 per kilowatt hour. It is hereby recommended that the new
factor of NEGATIVE $.01754 per kilowatt hour be adopted to be
effective for all bills rendered from June 1, 1989.
It was moved by Ybarra, seconded by McCormick, that the
Energy Cost Adjustment Billing Factor of NEGATIVE $.01754 per
kilowatt hour be adopted to be effective for all bills rendered
from June 1, 1989. Motion carried.
RESOLUTION 5622 - 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 McCormick, seconded by Davis, that
Resolution No. 5622 be approved and adopted. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
April 25, 1989, was presented, requesting authority and funds for
Police Officers David Guy and David Enriquez to attend the Field
Training Officers Course at Southeast Regional Training Center in
Torrance on June 12 - 16, 1989, with an expense allowance of
$649.45 each of which $552.65 is POST Reimbursable. The actual
cost to the City is $96.80 for each officer.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the Police Chief be deferred
until after Closed Session this date. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
April 24, 1989, was presented, requesting authority and funds for
Police Detectives David Zapien and Michael Chavez to attend
Fingerprint Pattern Interpretation Training at the Los Angeles
Sheriff's Department Crime Lab on June 6-8, 1989 with an expense
allowance of $21.30 each.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted to issue warrants to David Zapien and
Michael Chavez in the amount of $21.30 each for their attendance
at Fingerprint Pattern Interpretation Training in Los Angeles,
June 6-8, 1989. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated May 9, 1989, was presented, requesting authority and funds
for Dispatchers Lora Lozano, Jacqueline Warsaw and Angela
Williams to attend the Southeast Police Training Association
Dispatcher Conference in Bell Gardens, May 31-June 1, 1989, with
an expense allowance of $65.00 each.
It was moved by McCormick, seconded by Davis, that
authority be granted to issue warrants to Lora Lozano, Jacqueline
Warsaw and Angela Williams in the amount of $65.00 each for their
attendance at the Southeast Police Training Association
Dispatcher Conference in Bell Gardens, May 31-June 1, 1989.
Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated May 10, 1989, was presented, requesting authority and funds
for Police Officer Michael Chavez to attend the Statewide Drug
Symposium in Costa Mesa, May 23-24, 1989, with an expense
allowance of $278.60.
1893
I
I
City Council Minutes
page 6
May 16, 1989
It was moved by Ybarra, seconded by Gonzales, that
authority be granted to issue warrant to Michael Chavez in the
amount of $278.60 for his attendance at the Statewide Drug
Symposium in Costa Mesa, May 23-24, 1989. Motion carried.
WARRANT REGISTER NO. 765 covering claims and demands
presented during the period of May 1 thru 15, 1989, which
includes Demand Nos. 22447 thru 22688 (inclusive) excluding void
Demand Nos. 22473 thru 22477 (inclusive) and 22624; and excluding
Light & Power Demands drawn on the First Interstate Bank totaling
$244,344.31 (Accounting Period May, 1989), was examined and
audited.
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 765 be approved and payment authorized for
claims and demands totaling $244,344.31 excluding Light & Power
Demands. Motion carried.
WARRANT REGISTER NO. 765 covering claims and demands
presented during the period of May 1 thru 15, 1989, which
includes Light & Power Demand Nos., as listed below, drawn on the
First Interstate Bank totaling $1,652,620.63 (Accounting Period
May, 1989), was examined and audited.
22450 22470 22513 22557 22592 22625 22659
22454 22482 22528 22558 22594 22630 22660
22458 22483 22542 22560 22598 22645 22669
22459 22485 22544 22564 22610 22651 22683
22465 22493 22547 22566 22612 22655 22684
22466 22496 22553 22567 22614 22656 22687
22467 22497 22555 22568 22616 22658
It was moved by Gonzales, seconded by Ybarra, that
Warrant Register No. 765 be approved and payment authorized for
claims and demands totaling $1,652,620.63. Motion carried.
Councilman Davis abstained from voting and disqualified himself
because it is reasonably foreseeable that the decision may have
a material financial effect on his source of income.
PAYROLL WARRANT REGISTER NO. 391 covering claims and
demands presented during the period of March 12 to April 8, 1989,
which includes Demand Nos. 5336 thru 5364 (both inclusive) drawn
on the First Interstate Bank totaling $1,000,763.18 (Accounting
Period, April 1989), was examined and audited.
It was moved by McCormick, seconded by Gonzales, that
Payroll Warrant Register No. 391 be approved and payment
authorized for claims and demands totaling $1,000,763.18. Motion'
carri.ed.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 13, 1989, was presented, advising that the City has
received a claim for damages from Los Angeles Unified School
District dated March 13, 1989 for an incident occurring on
August 22, 1986. This claim has been reviewed by our Claims
Administrator, and it is hereby recommended that said claim be
denied.
It was moved by Ybarra, seconded by Davis, that the
claim for damages from Los Angeles Unified School, District, dated
March 13, 1989, be denied. Motion carried.
RESOLUTION ~O. 5620 - A Resolution of the City Council of
the City of Vernon and Authorizing the Sale of Surplus Property
from the City Clerk's Department, the Fire Department and the
Water and Power Department Pursuant to Section 2.31 of the Vernon
City Code, was presented.
It was moved by Ybarra, seconded by Davis, that Resolu-
tion No. 5620 be deferred to Closed Session. Motion carried.
1894
I
I
City Council Minutes
page 7
May 16, 1989
RESOLUTION NO. 5619 - A Resolution of the City Council
of the City of Vernon Amending Resolution Nos. 4150 and 4568 in
Order to Incorporate Amendments to the California Environmental
Quality Act Guidelines Through and Including March 1, 1986.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 5619 be approved and adopted. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the
Council go into Closed Session, Personnel, pursuant to Government
Code Section 54957, the time being 6:00 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 be deemed privileged and confidential.
Police Chief Rosenkrantz and Captain Mason were excused
from Closed Session, the time being 6:10 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 6:55 p.m. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the Council go into Closed Session to confer with the City
Attorney pursuant to Government Code Section(s) 54956.9(a) and
54956.9(b)(1) the time being 6:56 p.m. Motion carried.
All persons with the exception of the City
Administrator and City Clerk were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
Councilman Davis was excluded from Closed Session the
time being 7:04 p.m.
Councilman Davis resumed his seat on the Council at
7:22 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 7:25 p.m. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 11, 1989, was presented, transmitting the
agenda for the Finance Committee Meeting to be held May 15, 1989
for approval of the recommendations contained therein, (deferred
from earlier in this meeting).
It was moved by Ybarra, seconded by Gonzales, that the
Finance Committee Agenda be approved as submitted with the
exception of the item regarding the purchase of electrical
supplies for power lines and sub-station high voltage work in the
amount of $5,104.07 shown on page 2 which is to be referred back
for further study. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
April 25, 1989, was presented, requesting authority and funds for
Police Officers David Guy and David Enriquez to attend the Field
Training Officers Course at Southeast Regional Training Center in
Torrance on June 12 - 16, 1989, with an expense allowance of
$649.45 each of which $552.65 is POST Reimbursable. The actual
cost to the City is $96.80 for each officer, (deferred from
earlier in this meeting).
1895
I
I
City Council Minutes
page 8
May 16, 1989
It was moved by McCormick, seconded by Da.vis,that
authority be granted to Officer Enriquez and Officer Mottern
(instead of Officer Guy) to attend the Field Training Officers
Course at Southeast Regional Training Center in Torrance, June
12-16 and warrants issued to said officers in the amount of
$649.45 each. Motion carried.
It was moved by Gon?ales, seconded by Ybarra, that
Farhad Amire be hired as Engineering Aide I, Step 6, with a
monthly salary of $2453 effective May 22, 1989. Motion carried.
It was moved by McCormick, seconded by Davis, that
Francisco Saldana be issued 30 days suspension (with no loss in
fringe benefits) and that he may return to full duty only after
receiving his clearance from the city's designated doctor.
Motion carried.
It was moved by Ybarra, seconded by Davis, that Beatriz
Sandoval be hired as utility Clerk Step 4 assigned to the City
Clerk/Finance Department with a monthly salary of $1610 effective
May 17, 1989, with continued employment contingent upon
satisfactory completion of a pre-employment physical. Motion
carried.
It was moved by McCormick, seconded by Gonzales, that
David Alvarez, utility Clerk Step 7 in the City Clerk/Finance
Department, be transferred and advanced to Step 6 in the City
Clerk/Customer Service Department with a new monthly salary of
$1446 effective May 22, 1989. Motion carried.
There being no further business to come before the
Council it was moved by Ybarra, seconded by McCormick, that the
meeting adjourn. Motion carried.
ATTEST:
~.
. eonis c. Malbu 9 "
Mayor
{'
;/~
j/j,~/?
Bruce V. Malkenhorst
City Clerk
1896