19900123 Regular City Council Meeting - Minutes
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MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD JANUARY 23,
1990 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 Chairman Malburg.
It was moved by Ybarra, seconded by Gonzales, that the
minutes of the City Council Meeting held January 2, 1990, be
approved as written and adopted. Motion carried.
Police Department Activity Log for the period January 1
thru 15, 1990, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period January 1 thru 15,
1990, be received and filed. Motion carried.
Fire Department Activity Report for the period January 1
thru 15, 1990, was presented.
It was moved by Ybarra, seconded by Davis, that the Fire
Department Activity Report for the period January 1 thru 15, 1990,
be received and filed. Motion carried.
Health Department Report for the month of December, 1989,
was presented.
It was moved by Davis, seconded by Gonzales, that the
Health Department Report for the month of December, 1989, be
received and filed. Motion carried.
At this time, 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 Public Hearings.
No one in the audience wished to address the City Council
at this time.
It was moved by Gonzales, seconded by Ybarra, to open the
Public Hearing to consider the request of Everett properties, for
Piage Collections, for a variance to utilize a non-conforming
truck dock at 4340 49th Street, the time being 5:10 p.m.
victor vaits addressed the City Council with regard to
this matter.
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 18, 1990, was presented, advising that Everett
Properties, owners of the building located at 4340 49th Street,
has submitted a request for Piage Collections (the tenant) for a
variance from Zoning Ordinance, Section 26.4.2.8: Development
Standards, and transmitting the following evidence:
1 .
2.
Application for variance
3.
Affidavit of posting and mailing
Notice of Public Hearing
4.
Property owners list statement, property owners list
and 300 foot radius map
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City Council Minutes
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January 23, 1990
The building has a dock with a depth of 31 feet measured from the
right-of-way and is 18 feet wide. The company is proposing to use
only vehicles of smaller length at this dock. This has been re-
viewed by the Director of Community Services, and it is hereby re-
commended that the variance be granted contingent upon the
following conditions:
1. All vehicles using this dock be limited to 30 feet
in length;
2. The westerly loading dock, 20 feet in width and
65.5 feet in depth, be permanently maintained.
Councilman Gonzales asked Mr. vaits how close this was to
the corner or curb return.
victor vaits indicated that the proposed driveway was
consistent with the City's requirements.
The Mayor asked if anyone wished to address the City
Council on this matter.
Mr. Tom Ruh, of Ruh Industrial properties, representing
the tenant and owners addressed the Council.
Mr. Vaits advised it should be noted that the variance is
granted to the tenant, not the owners of the property, and should
there be any change in occupancy or use said variance terminate.
It was moved by McCormick, seconded by Davis, to close
the Public Hearing, the time being 5:15 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated January 18, 1990 be
received and filed and the variance granted to Piage Collections
for the building located at 4340 49th Street. Motion carried.
RESOLUTION NO. 5701 - A Resolution of the City Council of
the City of Vernon Granting a Variance to piage Collections, Inc.,
from Vernon City Code Sections 7.52, 7.53, and zoning Ordinance
Section 26.4.2-8 for Property Located at 4340 49th Street in the
City of Vernon, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 5701 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of Per-
sonnel, dated January 18, 1990, was presented, transmitting the
Agenda for the Adjourned Regular Personnel Committee Meeting to be
held January 22, 1990, for approval of the recommendations
contained therein.
It was moved by Ybarra, seconded by McCormick, that the
recommendations listed on the Agenda for the Adjourned Regular
Personnel Committee Meeting held January 22, 1990, be approved as
indicated. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated January 11, 1990, was presented, transmitting the
Minutes of the Adjourned Regular Finance Committee Meeting held
January 8, 1990, for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by Davis, that the
Minutes of the Adjourned Regular Finance Committee Meeting held
January 8, 1990, be approved as indicated. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated January 18, 1990, was presented, transmitting the
Minutes of the Adjourned Finance Committee Meeting held January
15, 1990, for approval of the recommendations contained therein.
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City Council Minutes
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January 23, 1990
It was moved by Ybarra, seconded by McCormick, that the
Minutes of the Adjourned Finance Committee Meeting held January
15, 1990, be approved as indicated. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated January 10, 1990, was presented, transmitting infor-
mation as submitted by the Director of Environmental Health with
regard to the implementation of Assembly Bill 939, Integrated Waste
Management Plan. This bill, which became effective January 1, 1990,
places specific demands on cities; and it is hereby recommended
that authority be granted for staff to meet with a waste management
management consultant to further study this matter. (Referred by
the Finance Committee at its Adjourned Meeting held January 15,
1990.)
It was moved by Gonzales, seconded by Davis to grant
authority for staff to meet with a waste management consultant to
further study the aforementioned matter. Motion carried.
Communication from victor H. Vaits, Director of Community
Services, dated January 9, 1990, was presented, advising that
Contract No. 493, Traffic Pavement Striping 1989, has been com-
pleted. The total contract amount (including Change Order No. 1
for $1,029.60 credit to the City) was $23,856.99 and a final partial
payment of $12,552.98 is now due. It is hereby recommended that
the work be accepted and that authority be granted to pay the con-
ractor, Traffic Operations, Inc., 216 Toby Way, Pomona, California
91767, in accordance with the contract.
It was moved by McCormick, seconded by Gonzales, that the
communication from the Director of Community Services, dated
January 9, 1990, be received and filed and his recommendation be
approved. Motion carried.
The Mayor inquired about the Change Order.
Mr. vaits responded to his question and explained that
this was in reference to the amount of paint that was actually
used in the striping.
RESOLUTION NO. 5703 - A Resolution of the City Council of
the City of Vernon Accepting the Work of Traffic Operations, Inc.
in Accordance with Contract No. 493 of the City of Vernon, was
presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 5703 be approved and adopted. Motion carried.
Communication from Victor H. Vaits, Director of Community
Services, dated January 8, 1990, was presented, requesting author-
ity and funds to attend the 28th California Building Officials Bus-
inessMeeting in Fresno, February 21-24, 1990 with an expense al-
lowance of $736.00.
It was moved by Davis, seconded by Ybarra, that authority
be granted to issue warrant to victor H. vaits in the amount of
$736.00 for his attendance at the 28th California Building
Officials Business Meeting in Fresno, February 21-24, 1990.
Motion carried.
Communication from Louis Rosenkrantz, Chief of Police,
dated January 2, 1990, was presented, requesting authority and
funds to attend the California Police Chiefs' Association 1990
Conference in San Jose, February 6-10, 1990 with an expense
allowance of $756.00.
It was moved by McCormick, seconded by Gonzales, that
authority be granted to issue warrant to Louis Rosenkrantz in the
amount of $756.00 for his attendance at the California Police
Chiefs' Association 1990 Conference in San Jose, February 6-10,
1990. Motion carried.
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City Council Minutes
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January 23, 1990
Communication from Norman Michiels, Director of
Environmental Health, dated January 3, 1990, was presented,
requesting authority and funds for John E. Reid, Environmental
Specialist, to attend a Food Processing Sanitation Workshop at the
University of California in Santa Nella, California, January 31-
February 1, 1990, with an expense allowance of $280.10.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to John E. Reid in the amount of
$280.10 for his attendance at a Food Processing Sanitation
Workshop at the University of California in Santa Nella,
California, January 31-February 1, 1990.
Communication from Louis Rosenkrantz, Police Chief, dated
January 8, 1990, was presented, requesting authority and funds for
Lt. William Waxman to attend the Middle Management Course in Dana
Point, February 5-16, 1990 with an expense allowance of $893.10 of
which $771.50 will be reimbursed by POST.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to Lt. William Waxman in the amount of
$893.10 for his attendance at the Middle Management Course in Dana
Point, February 5-16, 1990. Motion carried.
Communication from Louis Rosenkrantz, Police Chief, dated
January 8, 1990, was presented, requesting authority and funds for
Police Officers Daniel Calleros, Alfred Jaime, and John Fisher
to attend the Crime Scene Investigation Course at Fullerton
College, February 22-24, 1990, with an expense allowance of $71.00
each of which $68.00 will be reimbursed by POST.
It was moved by moved by Ybarra, seconded by Davis, that
authority be granted to issue warrants to Daniel Calleros, Alfred
Jaime and John Fisher in the amount of $71.00 each to attend the
Crime Scene Investigation Course at Fullerton College, February
22-24, 1990.
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 11, 1990, was presented, requesting authority and
funds for himself, Mayor Pro Tern Thomas Ybarra, and Councilman
Hilario Gonzales to attend the California Society of Municipal
Finance Officers Conference in San Diego, February 20-24, 1990,
with an expense allowance of $947.04 each.
It was moved by McCormick, seconded by Davis, that
authority be granted for the aforementioned city officials to
attend the California Society of Municipal Finance Officers
Conference in San Diego, February 20-24, 1990, with an expense
allowance of $947.04 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 11, 1990, was presented, requesting authority and
funds for himself, Councilman William Davis, City Attorney David
Brearley, and Customer Service Manager Carol Dacey to attend the
California Municipal utilities Association Conference in Santa
Barbara, February 27-March 2, 1990, with an expense allowance of
$818.00 each.
It was moved by Ybarra, seconded by McCormick, that
authority be granted for the aforementioned city officials to
attend the California Municipal utilities Association Conference
in Santa Barbara, February 27-March 2, 1990, with an expense
allowance of $818.00 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 10, 1990, was presented, requesting authority and
funds for Mayor Pro Tem Thomas Ybarra to attend the League of
California Cities 23rd Annual Employee Relations Institute in San
Diego, February 27-March 1, 1990, with an expense allowance of
$620.00.
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City Council Minutes
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January 23, 1990
It was moved by Gonzales, seconded by Davis, that
authority be granted for the Mayor Pro tem Ybarra to attend the
the League of California Cities 23rd Annual Employee Relations
Institute in San Diego, February 27-March 1, 1990, with an expense
allowance of $620.00. Motion carried.
Communication from Larry Spadt, Fire Chief, dated January
11, 1990, was presented, requesting authority and funds for
Captain Larry Weaver to attend the CMC Rope Rescue Course at Santa
Barbara, February 12 thru 15, 1990 with an expense allowance of
$646.04.
It was moved by McCormick, seconded by Ybarra, that
authority be granted to issue warrant to Captain Larry Weaver in
the amount of $646.04 for his attendance at the CMC Rope Rescue
Course at Santa Barbara, February 12 thru 15, 1990. Motion
carried.
Communication from Lewis R. Adams, Director of Water &
Power, dated January 10, 1990, was presented, requesting
authority and funds to attend the California Municipal utilities
Association 58th Annual Conference in Santa Barbara, February 27-
March 2, 1990, with an expense allowance of $891.00.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to Lewis R. Adams in the amount of
$891.00 for his attendance at the California Municipal utilities
Association 58th Annual Conference in Santa Barbara, February 27-
March 2, 1990. Motion carried.
Communication from Lewis Adams, Director of Water &
Power, dated January 17, 1990, was presented, requesting authority
and funds for Diesel Operators Richard Recano and Art Reynoso, to
attend a recertification class for EPA Air Pollution Control in
San Diego, February 8, 1990 with an expense allowance of $115.50
and 73.00 respectively.
It was moved by Gonzales, seconded by McCormick, that
authority be granted to issue warrants to Richard Recano and Art
Reynoso in the amounts of $115.50 and $73.00 respectively, for
their attendance at a recertification class for EPA Air Pollution
Control in San Diego, February 8, 1990. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 18, 1990, was presented, requesting authority and
funds for Edward Cooney, Financial Consultant, to attend the 1990
CSMFO Seminar in San Diego, February 21-24, 1990, with an expense
of $275.00 for registration only.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to Edward Cooney in the amount of
$275.00 for registration fees at the 1990 CSMFO Seminar in San
Diego, February 21-24, 1990. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 18, 1990, was presented, transmitting the
computation report as submitted by Lewis Adams, Director of Water
& Power, determining the Energy Cost Adjustment Billing Factor for
the next three month period. Based on actual fuel expenses and
revenues, and Southern California Edison Company's forecast of
fuel cost for the next three months, the new factor is negative
$0.00678 per kilowatt hour. It is hereby recommended that the
negative factor of $0.00678 per kilowatt hour be adopted to be
effective for all bills rendered from February 1, 1990.
It was moved by Ybarra, seconded by McCormick, that the
communication from the City Clerk, dated January 18, 1990 be
received and filed and his recommendation be approved. Motion
carried.
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City Council Minutes
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January 23, 1990
RESOLUTION NO. 5704 - 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.
David B. Brearley, City Attorney, addressed the City
Council on this matter.
It was moved by McCormick, seconded by Gonzales, that the
communication from the City Clerk, dated January 18, 1990, be
received and filed, and that his recommendation be approved.
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.
RESOLUTION NO. 5705 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Service Agreement By and Between the City of Vernon and Washington
Water Power Company for the Purchase of Nonfirm Energy, was
presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 5705 be approved and adopted. 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.
WARRANT REGISTER NO. 781 covering claims and demands
presented during the period of January 1 thru 15, 1990, drawn on
the First Interstate Bank totaling $443,423.89, which includes
Demand Nos. 25821 thru 26109 (inclusive); excluding Light & Power
Demands and void Demands as listed below, (Accounting Period
January, 1990), was examined and audited:
25877
25878
25879
25880
25881
25919
25967
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City Council Minutes
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January 23, 1990
It was moved by Davis, seconded by Gonzales, that Warrant
Register No. 781 be approved and payment authorized in the amount
of $443,423.89 excluding Light and Power Demands. Motion carried.
WARRANT REGISTER NO. 781 covering claims and demands
presented during the period of January 1 thru January 15, 1990,
drawn on the First Interstate Bank totaling $3,976,344.87, which
includes Light & Power Demand Nos. as listed below, (Accounting
Period January, 1990), was examined and audited:
25824 25854 25873 25933 25969 26009 26044 26087
I 25825 25855 25876 25936 25970 26015 26045 26089
25833 25856 25886 25943 25971 26016 26049 26092
25834 25861 25890 25944 25982 26017 26052 26095
25843 25862 25893 25947 25988 26019 26059 26097
25844 25863 25894 25949 25991 26021 26061 26098
25846 25864 25897 25954 25998 26024 26063 26099
25847 25865 25903 25957 26000 26025 26064 26103
25848 25868 25910 25960 26002 26028 26073 26105
25849 25870 25920 25964 26004 26029 26078 26108
25850 25871 25927 25965 26005 26030 26082 26109
25853 25872 25929 25967 26008 26032 26084
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 781 be approved and payment authorized for
claims and demands totaling $3,976,344.87. 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. 399 covering claims and
demands presented during the period of November 19 thru December
16, 1989, drawn on the First Interstate Bank totaling
$1,090,434.71 which includes Demand Nos. 5597 thru 5629
(inclusive), (Accounting Period December, 1989), was presented.
It was moved by Gonzales, seconded by Ybarra, that
Payroll Warrant Register No. 399 be approved and payment
authorized in the amount of $1,090,434.71. Motion carried.
Consideration of claim of Scott Shong.
Consideration of claim of Joseph Blaut.
Consideration of claim of William o. Manolovits
It was moved by Davis, seconded by Ybarra, that the three
aforementioned claims (Shong, Blaut, Manolovits) be deferred
to Closed Session. Motion carried.
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At this time, 6:10 p.m., it was moved by McCormick,
seconded by Ybarra, that the Council take a short recess. Motion
carried.
The Council reconvened in regular session at 7:05 p.m.
all members present before the recess again being present with the
exception of the Mayor.
Mayor Pro tern chaired the balance of the meeting.
It was moved by McCormick, seconded by Gonzales, that the
Council recess to 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 7:07 p.m. Motion carried.
All persons with the exception of the City Clerk and City
Attorney were excluded from Closed Session.
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City Council Minutes
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January 23, 1990
The Mayor Pro-tern ordered all communications to and from
Closed Session deemed privileged and confidential.
Councilman Davis was excused from closed session the time
being 7:46 p.m.
Councilman Davis resumed his seat on the council at 7:58
p.m.
It was moved by Gonzales, seconded by Davis, that the
Council go out of Closed session and resume regular session.
Motion carried.
It was moved by McCormick, seconded by Gonzales, that the
matter of Scott Shong v the City of Vernon be accepted and settled
based on the final release and settlement of ALL claims. Motion
carried.
There being no further business to come before the
Council at this time, it was moved by Davis, seconded by Gonzales
that the meeting adjourn. Motion carried.
ATTEST:
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Bruce V. Malkenhorst
City Clerk
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ORDER OF ADJOURNMENT OF MEETING
OF THE CITY COUNCIL OF THE CITY OF VERNON
I HEREBY CERTIFY THAT A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF VERNON TO BE HELD JANUARY 16, 1990 AT
4:45 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER
OF THE CITY CLERK (QUORUM NOT PRESENT) TO
JANUARY 23, 1990 AT 4:45 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
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Bruce V. Malkenhorst ."
City Clerk
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