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19891219 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 19, 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, McCormick, Gonzales, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. I It was moved by McCormick, seconded by Ybarra, that the minutes of the City Council meeting held December'S, 1989, be deferred to the next City Council meeting. Motion carried. Police Department Activity Log for the period December 1 thru 15, 1989, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period December 1 thru 15, 1989, be received and filed. Motion carried. Fire Department Activity Report for the period December 1 thru 15, 1989, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period December 1 thru 15, 1989, be received and filed. Motion carried. Health Department Report for the month of November, 1989, was presented. It was moved by McCormick, seconded by Davis, that the Health Department Report for the month of November, 1989, be received and filed. Motion carried. I The Mayor asked if there was anyone in the audience who wished to address the City Council on any matters listed on the agenda other than with regard to the Public Hearing. Randy Scholz, representing Los Angeles Junction Railway Company, addressed the City Council and expressed concern with regard to the sale of the Ben Franklin property located at 3030 Atlantic Boulevard and the new buyer's application for a Conditional Use Permit and the potential conflict in use between the railroad tracks and the public use of the property because their railroad tracks are located on said property; as they previously had an agreement with the Ben Franklin Company. They have a concern with regard to public safety and are asking that flashing lights be placed at the tracks closest to Los Angeles River. They are asking that the Public Utility Commission's requirements be met with regard to crossing protection. Los Angeles Junction has an easement for both "Y" tracks. Again the major concern is public safety because the railraod tracks are used on a daily basis. Communication from victor H. Vaits, Director of Commun- ity Services, dated December 14, 1989, was presented, advising that the Public Hearing to consider a Conditional Use Permit for for Atlantic Discount Center was continued to December 19, 1989 in order to receive comments from the Redevelopment Agency. The City's planning consultants, Cotton/Beland/Associates are in the process of evaluating the Atlantic Discount Center's impact, but have not completed their studies; further, additional information has been received which requires changes to recommendations pre- viously made on the Environmental Checklist Information Form, and it is hereby recommended that the Public Hearing on this matter be continued to the second City Council meeting in February. 1996 City Council Minutes page 2 December 19, 1989 Victor Vaits addressed the City Council briefly on this matter advising that he is amending an Environmental Checklist Form previously submitted: Item 14(b) change to "considerable impact;" and Items 8, 13(a), 13(c ) and 13(f) to "May have a significant impact on the environment." Mr. vaits also requested that based on these amendments and his communication dated December 14, 1989 that the Public Hearing be continued to February 20, 1990. I It was moved by Davis, seconded by McCormick, that the Public Hearing to consider a Conditional Use Permit for Atlantic Discount Center be continued to the second City council Meeting in February and that Mr. Vaits's letter dated December 14, 1989 be received and filed. Motion carried. Mr. William D. Ross, of the Ross & Scott law firm, wished to address the City Council on the continuation of the Public Hearing for Atlantic Discount Center, advising he wished to submit evidence with regard to the matter. Mr. Brearley advised that the City Council was not required to accept this evidence, or hear Mr. Ross at this time, since the Public Hearing had been continued. Mr. Ross presented oral remarks to the City Council on the matter of continuation of the Public Hearing for the Conditional Use Permit application at 3030 Atlantic Boulevard (Ben Franklin property). Communication from Bruce V. Malkenhorst, Director of Finance, dated December 14, 1989, was presented, transmitting the minutes of the Adjourned Regular Finance Committee Meeting held December 12, 1989 for approval of the recommendations contained therein. I It was moved by Ybarra, seconded by Gonzales, that the minutes of the Adjourned Regular Finance Committee Meeting held December 12, 1989, be approved as indicated. Motion carried. RESOLUTION NO. 5696 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property From the Light and Power Department Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5696 be approved and adopted. Motion carried. RESOLUTION NO. 5697 - A Resolution of the City Council of the City of Vernon, California, requesting the Board of Super- visors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of a General Municipal Elec- tion to be Held on Tuesday, April 10, 1990, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5697 be approved and adopted. Motion carried. RESOLUTION NO. 5698 - A Resolution of the City Council of the City of Vernon, California, Calling and Giving Notice of the Holding of a General Municipal Election To Be held on Tuesday, April 10, 1990, for the Election of Certain Officers as required by the Laws of the State of California Relating To General Law Cities, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5698 be approved and adopted. Motion carried. 1997 I I City Council Minutes page 3 December 19, 1989 RESOLUTION NO. 5699 - A Resolution of the City Council of the City of Vernon, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, April 10, 1990, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 5699 be approved and adopted. Motion carried. Gary Herman, from S. D. Herman Realty, introduced Mr. Myoung Ho Kim of Atlantic Discount Center who spoke briefly to the City Council with regard to the purchase of property located at 3030 Atlantic Boulevard. Consideration of Power Sale Agreement No.3 (1991-93 Between the Department of Water Resources of the State of California (DWR) and the City of Vernon providing for the sale of firm capacity and associated energy during the calendar years 1991-93. The City of Vernon is currently purchasing firm capacity and associated energy from DWR for the years 1989-90 pursuant to an existing Power Sale Agreement. It is anticipated that staff will recommend the approval of said Agreement and request the adoption of the following resolution. The City Attorney submitted a communication dated December 19, 1989 with regard to this matter and addressed the City Council briefly on this matter. It was moved by McCormick, seconded by Ybarra, that the communication from the City Attorney, dated December 19, 1989, be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 5700 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Power Sale Agreement No.3 (1991-93) By and Between the Department of Water Resources of the State of California and the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5700 be approved and adopted. Motion carried. ORDINANCE NO. 985 - An Ordinance of the City Council of the City of Vernon Revising Article II of Chapter 25 of the Code of the City of Vernon by Amending Vernon City Code sections 25.10 through 25.26 and Section 25.45 and by Enacting Vernon City Code Sections 25.40 Through 25.43 for the Control of Water Well, Cathodic Protection Well, and Monitoring Well Drilling and Abandonment; Declaring the Urgency Thereof and That It will Take Immediate Effect, was read by title for a First and Final Reading. It was moved by Ybarra, seconded by McCormick, that Ordinance No. 985 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, McCormick, Gonzales, Davis None None Communication from Lewis R. Adams, Director of Water & Power, dated December 11, 1989, was presented, transmitting the First Partial Payment and Change Order No. 1 of Contract No. 496 (Rehabilitation of Reservoir 3-3) which consists of the following: a. Enlargement of vent plates. $1,113.59 This cost was due to corrosion around the shell vents. b. Plate (steel) necessary to $1,191.00 strengthen the area where the distribution baffle was attached 1998 I I City Council Minutes page 4 December 19, 1989 It is hereby recommended that said Change Order be approved and payment authorized in the amount of $43,024.13 to Advance Tank & Construction Company. It was moved by McCormick, seconded by Gonzales, that the communication from the Director of Water & Power, dated December 11, 1989, be received and filed; that Change Order No. 1 be approved; and payment authorized in the amount of $43,024.13 to Advance Tank & Construction Company. Motion carried. Communication from victor H. vaits, Director of Community Services, dated December 12, 1989, was presented, transmitting a fully executed Grant Deed from Clougherty Packing Company, for the curb return at the northeast corner of Soto Street and Vernon Avenue. The property is approximately 262 square feet in size and will be used for street purposes; and it is hereby recommended that the Grant Deed be accepted, the Certificate of Acceptance be approved and the Mayor and City Clerk be authorized to execute same. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services, dated December 12, 1989, be received and filed; the Grant Deed be accepted; the Certificate of Acceptance be approved; and the Mayor and City Clerk be authorized to execute same. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated December 11, 1989, was presented, advising that the Street Sweeping Contract with R. F. Dickson Company, 12524 Clark Avenue, Downey, California 90242 expires December 31, 1989. The contract provides for a year extension by mutual agreement under the Special provisions, and it is hereby recommended that the contract be extended to December 31, 1990. It was moved by McCormick, seconded by Davis, that the Street Sweeping Contract with R. F. Dickson Company be extended to December 31, 1990. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated December 14, 1989, was presented, advising that Santa Fe Pacific Realty Corporation has submitted Parcel Map No. 21105 for investigation and report in accordance with the Subdivision Map Act and transmitting the following evidence: 1. Print of Parcel Map No. 21105 2. Report on Parcel Map No. 21105 3. Excerpts from the Subdivision Map Act It is the opinion of the Director of Community Services that this evidence supports a finding that the Proposed Parcel Map is consistent with the General Plan as adopted by the City of Vernon, State of California Environmental Quality Act, and the State Subdivision Map Act; and it is hereby recommended that Parcel Map No. 21105 be approved. It was moved by Ybarra, seconded by Davis, that the com- munication from the Director of Community Services, be received and filed; and that Parcel Map No. 21105 be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 14, 1989, was presented, advising that the City Conservation and Renewable Energy Program (C&RE), related to its Hoover Power Contract, contained a requirement that we report periodically on the progress of the Waste to Energy facility and any other City energy conservation projects. The Director of Water and Power is proposing that we continue with replacement 1999 I I City Council Minutes page 5 December 19, 1989 activity (F-2 on the attached) which deals with upgrading the lighting at various City facilities to achieve maximum energy savings while improving overall quality for these facilities. It is hereby recommended that Amendment F-2 to the C&RE Program be approved and authority granted to forward said Amendment to Western Area Power Administration. Lewis Adams addressed the City Council briefly on this matter. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk, dated December 14, 1989, be re- ceived and filed; and that Amendment F-2 to the C&RE Program be approved and authority granted to forward said Amendment to Western Area Power Administration. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 12, 1989, was presented, requesting authority and funds for himself, Mayor Pro Tern Thomas Ybarra and Councilman William Davis to attend the California Contract Cities 1990 Annual Legislative Orientation in Sacramento January 16-18, 1990, with an expense allowance of $745.00 each. It was moved by Gonzales, seconded by Davis, that authority be granted for the aforementioned city officials to attend the California Contract Cities 1990 Annual Legislative Orientation in Sacramento, January 16-18, 1990, with an expense allowance of $745.00 each. Motion carried. Communication from Louis Rosenkrantz, Police Chief, dated November 21, 1989, was presented, requesting authority and funds for Police Officers Randolph Phillips, James Mawson and Christian Moscoso to attend a Gangs and Subculture Course at Los Angeles Sheriff Department's Star Center, January 8-12, 1990, with an ex- pense allowance of $76.40 each which will be reimbursed by POST. It was moved by Ybarra, seconded by McCormick, that authority be granted to issue warrants in the amount of $76.40 each to Randolph Phillips, James Mawson and Christian Moscoso for their attendance at a Gangs and Subculture Course at Los Angeles Sheriff Department's Star Center, January 8-12, 1989. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 14, 1989, was presented, recommending that the following personnel actions be approved: 1. Hire Mark Sanchez, Michael Johnson and Gonzalo Martinez be hired as Police Officers, Step 6 with monthly salaries of $2468 each effective December 18, 1989. Messrs. Sanchez and Johnson are graduates of Rio Hondo Police Academy and Mr. Martinez is a graduate of Goldenwest Police Academy. Continued employment is contingent upon their satisfactory completion of the background process, and their execution of employment agreements. It was moved by McCormick, seconded by Davis, that the matter of hiring Mark Sanchez be deferred to Closed Session later this date; and to hire Michael Johnson and Gonzalo Martinez as Police Officers, Step 6 effective December 18, 1989 with continued employment contingent upon their satisfactory completion of the background process, and their execution of employment agreements. Motion carried. Joan Francone be hired as Risk Manager/Personnel Assistant Step 7, assigned to the City Clerk/City Administrator's Department, with a monthly salary of $2858 effective January 2, 1990, with 2000 I I City Council Minutes page 6 December 19, 1989 continued employment contingent upon satisfactory completion of a pre-employment physical. Motion carried. It was moved by Gonzales, seconded by Ybarra, to hire Joan Francone as Risk Manager/Personnel Assistant, Step 7, effective January 2, 1990, with continued employment contingent upon satisfactory completion of a pre-employment physical. Motion carried. Silas williams and Michael Hendrickson be hired as Diesel Operator V, Step 7 assigned to the Light & Power Department, with monthly salaries of $1658 each effective January 2, 1990, with continued employment contingent upon their satisfactory completion of pre-employment physicals. It was moved by McCormick, seconded by Ybarra, to hire Silas williams and Michael Hendrickson as Diesel Operator, Step 7 effective January 2, 1990, with continued employment contingent upon their satisfactory completion of pre-employment physicals. Motion carried. 2. Reimbursement Police Officer Steven Coday be reimbursed $189.04 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 March 1, 1988. It was moved by Gonzales, seconded by Davis, to reimburse Steven Coday $189.04 for his purchase of Body Armor (vest). Motion carried. Firefighter Jed Hulsey be reimbursed $183.74 from the Education and Training Appropriation account for his satisfactory completion of courses taken at San Pedro Skills Center, Rancho Santiago College and Long Beach City College related to his position with the City. It was moved by Ybarra, seconded by McCormick, to reimburse Jed Hulsey $183.74 from the Education and Training Appropriation account. Motion carried. Wenceslao Reynoso, Engineering Aide, be reimbursed $85.00 from the Education and Training Appropriation account for his satisfactory completion of the written examination presented by the International Conference of Building Officials qualifying him as a Certified Building Inspector. It was moved by Gonzales, seconded by Ybarra, to reimburse Wenceslao Reynoso $85.00 from the Education and Training Appropriation account. Motion carried. 3. Merit Step Increases and Reclassifications Ray Arias, Utilityman III, Step 3 in the Light and Power Department be reclassified to Meter Reader, Step 5 in the Customer Service Department with a new monthly salary of $2275 which includes 5% Longevity Pay, effective December 18, 1989. It was moved by Davis, seconded by Ybarra, to reclassify Ray Arias to Meter Reader, Step 5, with a new monthly salary of $2275 which includes 5% Longevity Pay, effective December 18, 1989. Motion carried. Firefighters Jon Arvizu, Jed Hulsey and David Kimes be granted merit step increases to Firefighter, Step 4, with new monthly salaries of $2716 each which includes 2-1/2% Educational 2001 City Council Minutes page 7 December 19, 1989 Incentive Pay, effective December 31, 1989, based on their satisfactory job performances during the past year. It was moved by McCormick, seconded by Gonzales, to grant Jon Arvizu, Jed Hulsey and David Kimes merit step increases to Firefighter, Step 4, with new monthly salaries of $2716 each which includes 2-1/2% Educational Incentive Pay, effective December 31, 1989. Motion carried. I Firefighters Mark whitworth, Rory Moore, Daniel Keprta, Todd Hewett and Peter Gantes be granted merit step increases to Firefighter, Step 6, with new monthly salaries of $2381 each, effective December 31, 1989, based on their satisfactory job performances since their date of hire. It was moved by Ybarra, seconded by Davis, to grant Mark Whitworth, Rory Moore, Daniel Keprta, Todd Hewett and Peter Gantes merit step increases to Firefighter, Step 6, effective December 31, 1989. Motion carried. Robert Kipness, Chief Diesel Operator, Step 5 in the Light and Power Department, be granted a merit step increase to Chief Diesel Operator, Step 4 with a new monthly salary of $4294 which includes 10% Longevity Pay, effective December 31, 1989, based on his satisfactory job performance during the past 18 months. It was moved by Davis, seconded by Gonzales, to grant Robert Kipness a merit step increase to Chief Diesel Operator, Step 4, with a new monthly salary of $4294 which includes 10% Longevity Pay, effective December 31, 1989. Motion carried. 4. Resignation The resignation of Elias Rodriguez, utilityman in the Community Services Department, dated December 4, 1989, be accepted effective December 14, 1989, at the close of the business day. It was moved by Ybarra, seconded by McCormick, to accept the resignation of Elias Rodriguez effective December 14, 1989 at the close of the business day. Motion carried. WARRANT REGISTER NO. 779 covering claims and demands presented during the period of December 1 thru 15, 1989, drawn on the First Interstate Bank totaling $105,673.88, which includes Demand Nos. 25429 thru 25691 (inclusive); excluding Light & Power Demands and void Demands as listed below, (accounting period December, 1989) was examined and audited: I 25431 25468 25469 25470 25471 25472 25595 25627 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 779 be approved and payment authorized for claims and demands totaling $105,673.88 excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 779 covering claims and demands presented during the period of December 1 thru 15, 1989, drawn on the First Interstate Bank totaling $3,508,886.86, which includes Light & Power Demand Nos. as listed below, (accounting period December, 1989), was examined and audited:. 25435 25453 25489 25535 25551 25580 25517 25658 25440 25459 25496 25536 25555 25583 25622 25661 25441 25464 25510 25538 25558 25585 25628 25662 25442 25467 25512 25541 25562 25596 25630 25664 25443 25478 25518 25544 25563 25599 25650 25665 25448 25483 25522 25546 25567 25602 25653 25669 2002 City Council Minutes page 8 December 19, 1989 25450 25451 25485 25487 25523 25526 25547 25549 25569 25574 25603 25616 25655 25657 25672 25679 25680 25686 25687 I It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 779 be approved and payment authorized for claims and demands totaling $3,508,886.86. 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. 398 covering claims and demands presented during the period of October 8 thru November 18, 1989, drawn on the First Interstate Bank totaling $1,652,866.96 which includes Demand Nos. 5559 thru 5596 (inclusive), (accounting period November, 1989), was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 398 be approved and payment authorized for claims and demands totaling $1,652,866.86. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council recess to Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 6:15 p.m. Motion carried. All persons with the exception of the City Clerk, the City Attorney and Police Captain Mason were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Captain Mason was excused at 6:20 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session the time being 6:21 p.m. Motion carried. It was moved by Gonzales seconded by Davis, that the Council go into Closed Session to confer with its attorney pursuant to Government Code Section(s) 54956.9(a) and 54956.9(b)(1). Motion carried. I 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. Councilman Davis was excused from Closed Session at 6:40 p.m. Councilman Davis resumed his seat on the Council at 7:10 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 7:12 p.m. Motion carried. With reference to the matter of hiring Mark Sanchez as a police officer contingent upon his successful completion of the background process effective December 18, 1989, it was moved by McCormick, seconded by Davis, that he be terminated due to his failure to pass the background process. Motion carried. 2003 City Council Minutes page 9 December 19, 1989 There being no further business to come before the Council it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ~/ =i2 "/~ .... ~~. . / egnis c. Mal urg Mayor I f/;f ATTEST: Bruce V. Malkenhorst City Clerk I 2004