19911001 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD OCTOBER 1, 1991 AT 5 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.
It was moved by Ybarra, seconded by Gonzales, that the
minutes of the Adjourned Regular City Council Meeting held September
23, 1991, be approved as submitted and adopted. Motion carried.
The Mayor awarded Five Year Service pins to:
Felix Saldana, Utilityman - Community Services Department
Jerry Chavez, Utilityman - Community Services Department
At this time, the Mayor called a short recess, the time
being 5:12 p.m.
The Council reconvened in regular session at 5:15 p.m.,
all members present before the recess again being present.
Police Department Activity Log for the period September 16
thru 30, 1991, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period September 16 thru 30,
1991, be received and filed. Motion carried.
Fire Department Activity Report for the period September
16 thru 30, 1991, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period September 16 thru 30,
1991, 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 matter listed on
the Agenda other than with regard to any Public Hearings that may be
listed.
There was no one in the audience who wished to address the
City Council on any matter on the Agenda at this time.
It was moved by Ybarra, seconded by Mccormick, to open the
Public Hearing to consider amending the Comprehensive Zoning
Ordinance of the City of Vernon and adopting a Negative Declaration,
the time being 5:16 p.m. Motion carried.
Victor Vaits, Director of Community Services, addressed
the City Council and briefly summarized his following communication
regarding amending the Comprehensive Zoning Ordinance.
Communication from victor H. vaits, Director of Community
Services, dated September 25, 1991, was presented, advising that the
Comprehensive Zoning Ordinance should be amended to clarify the
regulations governing recycling facilities and to make certain
corrections, additions and amendments needed to improve the
application of the ordinance. Transmitted herewith are the following
documents:
1. Proposed Ordinance No. 1000 outlining the exact
changes to the Comprehensive Zoning Ordinance.
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October 1, 1991
2. Notice of Public Hearing, notification letters
and affidavits of posting and mailing.
3. Proposed Negative Declaration and Initial study.
The proposed amendments involve the following changes:
- Revising the definition of "junk or salvage yard"
(Sec. 26.2.9) to eliminate references to conversion
or other processing of materials.
- Adding a definition of "recycled materials processing
facility" (Sec. 26.2.14).
Correcting the cross reference in Sec. 26.3.5-2(b)
to read 26.4.5-8.
Adding "recycled materials processing facility" as a
conditionally permitted use in the General Industry
(M) zone (Sec. 26.3.5-3).
- Adding the word "size" to Sec. 26.4.6-4 to correct a
typographical error.
- Adding language to Sec. 26.5.2-7 to clarify that a
time extension request for a conditional use permit
must be applied for prior to expiration of the
authorization.
- Correcting a typographical error and clarifying the
standard conditions for a conditional use permit for
a hazardous waste treatment facility and a junk or
salvage yard (Sec. 26.5.2-9).
- Inserting provisions for continuance of existing uses
which under current conditions would require a
conditional use permit. These provisions were
inadvertently deleted during the 1989 comprehensive
zoning ordinance amendment (Sec. 26.5.2-11).
- Repealing Chapter 24 of the Vernon City Code relating
to "trailer camps" since the zoning ordinance does
not permit such uses.
It is the opinion of the Director of Community Services that the
proposed amendments 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. This has been reviewed by the
City Attorney and our consultant Cotton/Beland/Associates, and it is
hereby recommended that: (1) the City Council approve the Proposed
Negative Declaration in compliance with the California Environmental
Quality Act process; (2) a Notice of Determination be filed with the
County Clerk; and (3) the Comprehensive zoning Ordinance of the City
of Vernon be amended as outlined in Ordinance No. 1000.
It was moved by McCormick, seconded by Gonzales, to close
the Public Hearing with regard to amending the Comprehensive Zoning
Ordinance and approving a Negative Declaration, the time being 5:25
p.m. Motion carried.
It was moved by Ybarra, seconded by McCormick, that: (1)
the communication from the Director of Community Services dated
September 25, 1991, submitted during the Public Hearing, be received
and filed; (2) the City Council approve the Proposed Negative
Declaration in compliance with the California Environmental Quality
Act process; (3) a Notice of Determination be filed with the County
Clerk; and (4) the Comprehensive Zoning Ordinance of the City of
Vernon be amended as outlined in Ordinance No. 1000. Motion carried.
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October 1, 1991
RESOLUTION NO. 5995 - A Resolution of the City Council of
the City of Vernon Approving the Negative Declaration for Ordinance
No. 1000, Which Amends the Comprehensive Zoning Ordinance, was
presented.
It was moved by Ybarra, seconded by Davis, that Resolution
No. 5995 be approved and adopted. Motion carried.
ORDINANCE NO. 1000 - An Ordinance of the City Council of
the City of Vernon Amending, Correcting, and Changing Various
Sections of the Comprehensive Zoning Ordinance of the City of Vernon,
was read by title for a First Reading.
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 1000 be approved for a First Reading. Motion carried.
ORDINANCE NO. 1001 - An Ordinance of the City Council of
the City of Vernon Amending Section 15.5 of the Code of the City of
Vernon in Order to Integrate the Requirements for Conducting a
Business in the City of Vernon, was read by title for a Second and
Final Reading. Motion carried.
Ayes:
Noes:
Absent:
Malburg, Ybarra, McCormick, Gonzales, Davis
None
None
Communication from Kenneth DeDario, Director of Light and
Power, dated August 21, 1991, was presented, requesting authority and
funds for Senior Water & Power Dispatcher Carlos Fandino and
Dispatcher Ricardo Lozano to attend the Western Systems Coordinating
Council's Substation Training Course in Riverside, November 11-15,
1991, with an expense allowance of $140 each.
It was moved by Davis, seconded by Gonzales, that
authority be granted for Carlos Fandino and Ricardo Lozano to attend
the Western Systems Coordinating Council's Substation Training Course
in Riverside, November 11-15, 1991, with an expense allowance of $140
each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
August 27, 1991, was presented, requesting authority and funds for
Office Manager Sharon Duckworth to attend the "Financing Capital
Needs" Workshop in Long Beach, November 14-15, 1991, with an expense
allowance of $280.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Sharon Duckworth to attend the "Financing
Capital Needs" Workshop in Long Beach, November 14-15, 1991, with an
expense allowance of $280. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
September 16, 1991, was presented, requesting authority and funds for
Lt. Les Brown and Sgt. Tom Igyarto to attend the California
Association of Labor Relations Officers' Conference in Morro Bay,
November 14-15, 1991, with an expense allowance of $307.75 and
$381.35 respectively.
It was moved by Davis, seconded by McCormick, that
authority be granted for Lt. Les Brown and Sgt. Tom Igyarto to attend
the California Association of Labor Relations Officers' Conference in
Morro Bay, November 14-15, 1991, with an expense allowance of $307.75
and $381.35 respectively. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
September 16, 1991, was presented, requesting authority and funds for
Sergeant Mason Chancey and Officer Dan O'Neil to attend the Orange
County Sheriff's Department Lazer Village at the Orange County
Sheriff's Training Center, October 18, 1991, with an expense
allowance of $112 each of which $111 will be reimbursed by POST.
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It was moved by Ybarra, seconded by McCormick, that
authority be granted for Sgt. Mason Chancey and Officer Dan O'Neil to
attend the Orange County Sheriff's Department Lazer Village at the
Orange County Sheriff's Training Center, October 18, 1991, with an
expense allowance of $112 each. Motion carried.
Communication from Kenneth J. DeDario, Director of Light
and Power, dated September 23, 1991, was presented, requesting
authority and funds for Bob Tang, Assistant Power Engineer, to attend
the "Heating, Ventilation and Cooling System Design Course" in Long
Beach, October 5, 1991, with an expense allowance of $108.40.
It was moved by Gonzales, seconded by Davis, that
authority be granted for Bob Tang to attend the "Heating,
Ventilation & Cooling System Design Course" in Long Beach, October 5,
1991, with an expense allowance of $108.40. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
September 24, 1991, was presented, requesting authority and funds for
Ana Ceja, utility Clerk in the Risk Management/Personnel office, to
attend the "Personnel Record Keeping Workshop" in Los Angeles,
October 31, 1991, with an expense allowance of $332.50.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Ana Ceja to attend the "Personnel Record
Keeping Workshop" in Los Angeles, October 31, 1991, with an expense
allowance of $332.50. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
September 24, 1991, was presented, requesting authority and funds for
himself, City Attorney David B. Brearley, and Councilman William
McCormick, Hilario Gonzales, and William Davis to attend the National
League of cities 1991 Conference in Las Vegas, Nevada, December 12-
16, 1991, with an expense allowance of $948.00 each.
It was moved by Davis, seconded by Ybarra, that authority
be granted for the aforementioned city officials to attend the
National League of cities 1991 Conference in Las Vegas, Nevada,
December 12-16, 1991, with an expense allowance of $948.00 each.
Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
September 19, 1991, was presented, requesting authority and funds for
Lt. Steven Towles to attend the Jail Management Course at Cal Poly
Pomona, November 11-15, 1991, with an expense allowance of $359.
It was moved by McCormick, seconded by Ybarra, that
authority be granted for Lt. Steven Towles to attend the Jail
Management Course at Cal Poly Pomona, November 11-15, 1991, with an
expense allowance of $359. Motion carried.
RESOLUTION NO. 5996 - A Resolution of the City Council of
the City of Vernon Amending Exhibit "B", Schedule III, of Resolution
No. 5944, Which Fixed the compensation for Certain Employees of Said
City and Authorized certain Expense Allowances, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 5996 be approved and adopted. Motion carried.
Communication from Joan Francone, Risk Manager/Personnel
Assistant, dated September 25, 1991, was presented, requesting
authority and funds to attend the Public Risk Insurance Managers
Workshop in Irvine, October 24, 1991, with an expense allowance of
$65.58.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Joan Francone to attend the Public Risk
Insurance Managers Workshop in Irvine, October 24, 1991, with an
expense allowance of $65.58. Motion carried.
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Communication from Bruce V. Malkenhorst, Director of
Personnel, dated September 26, 1991, was presented, recommending that
the following personnel actions be approved:
HIRE
Gabriel Orosco be hired as a temporary employee assigned to
the Health Department with an hourly wage of $5.25, effective
September 18, 1991. Mr. Orosco has satisfactorily completed the pre-
employment physical.
It was moved by McCormick, seconded by Ybarra, to hire
Gabriel Orosco as a temporary employee with an hourly wage of $5.25,
effective September 18, 1991. Motion carried.
MERIT STEP INCREASE
Jeff Coburn, Water & Power Dispatcher I, Step 6 be granted
a merit step increase to Water & Power Dispatcher I, Step 5, with a
new monthly base salary of $3388, effective October 20, 1991, based
on his satisfactory job performance during the past year.
It was moved by Davis, seconded by Gonzales, to grant Jeff
Coburn a merit step increase to Water & Power Dispatcher I, Step 5,
effective October 20, 1991. Motion carried.
Joe Jimenez, System Operator, Step 2 in the Light and Power
Department, be granted a merit step increase to System Operator, Step
1, with a new monthly base salary of $3405, effective October 20,
1991, based on his satisfactory job performance during the past year.
It was moved by McCormick, seconded by Ybarra, to grant
Joe Jimenez a merit step increase to System Operator, Step 1,
effective October 20, 1991. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
September 26, 1991, was presented, advising that we have been
notified by the National League of cities that a voting delegate and
alternate voting delegate need to be designated by legislative action
in order for the City to cast votes at the National League of cities
Conference. It is hereby recommended that a voting delegate and
alternate voting delegate be designated by the Council at this time.
It was moved by Gonzales, seconded by Ybarra, to appoint
Councilmen William McCormick and William Davis as voting delegate and
alternate voting delegate respectively at the National League of
cities Conference. Motion carried.
Communication from Kenneth J. DeDario, Director of Light
and Power, dated September 26, 1991, was presented, requesting
authority and funds to attend the Hoover Billing Credits/Rate Meeting
in Las Vegas, Nevada, October 2-3, 1991, with an expense allowance of
$261.90.
It was moved by Ybarra, seconded by Davis, that authority
be granted for Kenneth J. DeDario to attend the Hoover Billing
Credits/Rate Meeting in Las Vegas, Nevada, October 2-3, 1991, with an
expense allowance of $261.90. Motion carried.
WARRANT REGISTER NO. 824 covering claims and demands
presented during the period of September 20 thru 26, 1991, drawn on
the First Interstate Bank totaling $138,326.86, which includes Demand
Nos. 34161 thru 34279 (inclusive), excluding Light & Power Demands
and void Demands as listed below (accounting period October, 1991)
was examined and audited:
34165
34199
34200
34201
34171
34198
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It was moved by Davis, seconded by Gonzales, that Warrant
Register No. 824 be approved and payment authorized for claims and
demands totaling $138,326.86, excluding Light and Power Demands.
Motion carried.
WARRANT REGISTER NO. 824 covering claims and demands
presented during the period of September 20 thru September 26, 1991,
drawn on the First Interstate Bank totaling $319,250.09, which
includes Light & Power Demand Nos. as listed below (accounting period
October, 1991) was examined and audited:
34172
34181
34186
34187
34188
34227
34228
34231
34238
34248
34259
34263
34264
34268
34269
34275
34278
34279
34189
34207
34213
34218
34224
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 824 be approved and payment authorized for
claims and demands totaling $319,250.09. 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.
Consideration of proposed electric utility financing for
California-Oregon Transmission Project.
The City Clerk advised the Council regarding the
long-term benefits of financing this project with long-term bonds.
RESOLUTION NO. 5998 - A Resolution of the City Council of
the City of Vernon Authorizing the Institution of Financing
Proceedings Relating to the California-Oregon Transmission Project
and Engaging Professional Services Relating Thereto, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 5998 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.
Consideration of a Firm Transmission Service Agreement for
Vernon's purchases from Salt River Project and the Department of
Water and Power of the City of Los Angeles.
David B. Brearley, City Attorney, addressed the City
Council and summarized this matter for them.
RESOLUTION NO. 5997 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a Firm
Transmission Service Agreement Between the City of Vernon and
Southern California Edison Company for the Transmission of capacity
and Associated Energy Purchased from the Salt River Project (SRP) or
From the Los Angeles Department of Water and Power (LADWP) Pursuant
to a Power Sale Agreement with SRP and a Transportation and Power
Sale Agreement with LADWP, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 5997 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.
The City Clerk advised the Council that the following item
should be deferred to Closed Session later this date.
Consideration of settlement in claim of Julio Calleros.
The Mayor called a recess, the time being 6:00 p.m.
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October 1, 1991
The city Council reconvened in regular session at 6:05
p.m., all members present before the recess again being present.
It was moved by Davis, seconded by McCormick, that the
Council recess to Closed Session/Personnel pursuant to Government
Code Section 54957, the time being 6:05 p.m. Motion carried.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
All persons with the exception of the City Clerk and the
City Attorney were excused from Closed Session.
It was moved by Gonzales, seconded by Davis, that the
Council go out of Closed Session and resume regular session the time
being 6:20. p.m. Motion carried.
Bruce V. Malkenhorst advised the Council of his negotia-
tions as the Municipal Employee Relations Representative (MERR)
concerning a proposed five-year agreement with the Vernon Police
Officers' Benefit Association (VPOBA) to experiment with a 4/10 plan
for Police Officers in Employee Group 2, whereby the officers would
work four days per week at ten hours per day. Up to thirty hours
Bereavement Leave would be available for non-probationary Officers
pursuant to the agreement. Such a plan would not be subject to meet
and confer, to the grievance process, or to administrative review,
and the City would be able to terminate the plan at any time or for
any reason at its sole discretion. The VPOBA will agree to extend
the present MOU for five years in return for the initiation of the
experimental 4/10 plan.
The VPOBA will also agree to a reduction from seven to four
non-consecutive discretionary sick days during a (12) twelve-month
period which may be taken without a written doctor's note and to the
elimination of discretionary sick pay for employees with one year or
less of service or who are still classified as Probationary
employees.
It was moved by Gonzales, seconded by Davis, that Bruce V.
Malkenhorst as the MERR be authorized to execute such an agreement
with the VPOBA, that such agreement would take effect on or after
October 1, 1991, and that the City Attorney is directed to prepare a
resolution approving and ratifying said agreement. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the
Council go into Closed Session Attorney/Client privilege pursuant to
Government Code Section 54956.9(a), the time being 6:22 p.m. Motion
carried.
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 at 6:55 p.m.
Councilman Davis resumed his seat on the Council at 7:01
p.m.
It was moved by Ybarra, seconded by Mccormick, that the
Council go out of Closed Session, the time being 7:05 p.m. Motion
carried.
It was moved by Ybarra, seconded by McCormick, that the
claim in the matter of Julio Calleros, WCAB Case No. NOR 0157308 be
settled by stipulating to a 3% permanent disability equaling $1,260
with a provision for future medical care. Motion carried.
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October 1, 1991
There being no further business to come before the Council
it was moved by McCormick, seconded by Ybarra, that the Meeting
adjourn. Motion carried.
ATTEST:
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