19921117 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD NOVEMBER
17, 1992 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, Davis, Gonzales
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 City Council Meeting held November 3, 1992, be
approved as submitted and adopted. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the minutes of the Adjourned City Council Meeting held November
10, 1992, be approved as submitted and adopted. Motion carried.
The following employees were in attendance at the
Council Meeting to be recognized for their continuous years of
service with the City and the Mayor extended congratulations on
behalf of the Council:
COMMUNITY SERVICES DEPARTMENT
Jerry Schreiber, Sr. Electrical Inspector - 5 years
Ron Anderson, Foreman - 11 years
LIGHT AND POWER DEPARTMENT
John Diaz, System Operator - 2 years
Fire Chief Lynn Telford accepted Two Year Perfect
Attendance Awards on behalf of Firefighter Bradley Miller and
Captain Frank Hlifka; Kenneth DeDario, Director of Light and
Power, accepted a Four Year Perfect Attendance Award on behalf of
Jesus Martinez, Water & Power Dispatcher; and Kevin Wilson,
acting on behalf of the Director of community Services, accepted
a Two Year Perfect Attendance Award for Louie Saenz, Utilityman.
The Mayor called a recess at 5:10 p.m.
The Council reconvened in regular session at 5:12
p.m., all members present before the recess again being present.
Police Department Activity Log for the period
November 1 thru 15, 1992, was presented.
It was moved by McCormick, seconded by Davis, that
the Police Department Activity Log for the period November 1 thru
15, 1992, be received and filed. Motion carried.
Fire Department Activity Report for the period
November 1 thru 15, 1992, was presented.
It was moved by Ybarra, seconded by Gonzales, that
the Fire Department Activity Report for the period November 1
thru 15, 1992, be received and filed. Motion carried.
Health Department Report for the month of October,
1992, was presented.
It was moved by Davis, seconded by Ybarra, that the
Health Department Report for the month of October, 1992, be
received and filed. Motion carried.
Risk Management Report for the month of october,
1992, was presented.
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City Council Minutes
page 2
November 17, 1992
It was moved by Gonzales, seconded by Mccormick, that
the Risk Management Report for the month of October, 1992, be
received and filed. Motion carried.
The City Clerk advised that this was the time for
anyone in the audience to address the Council on any matter
listed on the Agenda other than with regard to any Public Hearing
that may be listed.
The Mayor asked if there was anyone in the audience
who wished to address the City council on any matter listed on
the Agenda other than with regard to any Public Hearings that may
be listed.
There was no one present in the audience who wished
to address the City council.
It was moved by Ybarra, seconded by McCormick, to
open the Public Hearing to consider a request from The Eiderdown
studio for a Variance to allow the owner to utilize one non-
conforming truck dock at property located at 4809 49th street,
the time being 5:14 p.m. Motion carried.
Kevin Wilson, civil Engineer in the community
services Department, addressed the City Council and briefly
summarized this matter.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 4, 1992, was presented, advising that the
Eiderdown studio has requested a Variance from the Comprehensive
Zoning Ordinance, section 26.4.2-8, Development Standards, for
the building located at 4809 49th Street, and transmitting the
following evidence:
1. Application for Variance;
2. Affidavit of posting and mailing;
3. Notice of Public Hearing;
4. Engineer's Report.
The building has one non-conforming truck dock measuring 16 feet
wide and 29.3 feet from the street right-of-way, and the company
is proposing to use only vehicles of a smaller length at this
dock. This has been reviewed by the Director of community
Services and it is hereby recommended that the Variance be
granted contingent upon the following Condition:
1. The usage of the loading spaces be limited to
vehicles with a maximum length of 29 feet.
The Mayor asked if there was anyone in the building
at this time.
Mr. Wilson stated they are already in the building
under a Temporary Occupancy Permit.
It was moved by Gonzales, seconded by Davis, to close
the Public Hearing with regard to the Variance request from The
Eiderdown studio, the time being 5:15 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the communication from the City Clerk dated November 4, 1992 and
all supporting evidence be received and filed, and that the
Variance be granted contingent upon the aforementioned Condition
No.1. Motion carried.
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City Council Minutes
page 3
November 17, 1992
RESOLUTION NO. 6179 - A Resolution of the City
Council of the City of Vernon Granting a Variance to The
Eiderdown Studio from section 26.4.2-8, Development Standards, of
the Comprehensive Zoning Ordinance, for Property Located at 4809
49th Street in the City of Vernon, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 6179 be approved and adopted. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated October 28, 1992, was presented, requesting authority and
funds for the below listed pOlice officers to attend Laser
Firearms Training at Biscaluiz Center, December 4, 1992, with an
expense allowance of $106.16 each which will be reimbursed by
POST:
Sergeant Soloman Benudiz
Officer Ben Busse
Officer Anthony Zack
Officer Penny Turner
Officer Michael Gillman
It was moved by Gonzales, seconded by Davis,
that authority be granted for the aforementioned Police
Department personnel to attend Laser Firearms Training at
Biscaluiz Center, December 4, 1992, with an expense allowance of
$106.16 each. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated October 28, 1992, was presented, requesting authority and
funds for Officers Jerry Winegar and Penny Turner to attend the
Latent Print Tracing Techniques Course in Bakersfield, December
7-10, 1992, with an expense allowance of $390.68 each of which
$310.68 will be reimbursed by POST.
It was moved by McCormick, seconded by Ybarra, that
authority be granted for Officers Jerry Winegar and Penny Turner
to attend the Latent Print Tracing Techniques Course in
Bakersfield, December 7-10, 1992, with an expense allowance of
$310.68 each. Motion carried.
Communication from victor vaits, Director of
Community Services, dated November 2, 1992, was presented,
requesting authority and funds for utilityroan David Roland to
attend a seminar entitled "Training the Trainer" in Anaheim,
December 14, 1992, with an expense allowance of $209.45.
It was moved by Davis, seconded by Ybarra, that
authority be granted for David Roland to attend a seminar
entitled "Training the Trainer" in Anaheim, December 14, 1992,
with an expense allowance of $209.45. Motion carried.
Communication from victor Vaits, Director of
Community Services, dated November 2, 1992, was presented,
advising that Contract No. 478, Street Sweeping, expires December
31, 1992. The contract provides for a year extension by mutual
agreement under the Special provisions, and R. F. Dickson Company
has indicated that they would like to continue under the present
contract and waive any Consumer Price Index adjustments for the
next year. This has been reviewed by the city Attorney, and it
is hereby recommended that Contract 478 be extended to December
31, 1993 at the current price of $3,936.69.
It was moved by Gonzales, seconded by McCormick, that
the communication from the Director of Community Services dated
November 2, 1992, be received and filed, and that his
recommendation be approved. Motion carried.
RESOLUTION NO. 6182 - A Resolution of the City
Council of the city of Vernon Approving a One-Year Extension of
Contract No. 478 for R. F. Dickson Company, Inc., was presented.
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City Council Minutes
page 4
November 17, 1992
It was moved by Ybarra, seconded by Davis, that
Resolution No. 6182 be approved and adopted. Motion carried.
Communication from victor Vaits, Director of
Community Services, dated November 2, 1992, was presented,
transmitting a fully executed Easement Deed for street purposes
from the Atchison, Topeka and Santa Fe Railway Company for a
piece of land (approximately 0.081 of an acre) located on the
northerly line of Washington Boulevard at the vacated Indiana
Street. This has been reviewed by the City Attorney, and it is
hereby recommended that the Deed be accepted and the Certificate
of Acceptance be approved and executed.
It was moved by Gonzales, seconded by Davis, that the
communication from the Director of Community Services dated
November 2, 1992 be received and filed; the Easement Deed be
accepted; and the Certificate of Acceptance be approved and
executed. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 3, 1992, was presented, transmitting the annual
Software Support Services Agreement with OCS Command Data Systems
utilized by the Police Department. (The previous agreement was
with U S West Communications which was sold to OCS Technologies,
Inc.) The annual fee for services is $5,883.75. This has been
reviewed by the Police Chief and City Attorney, and it is hereby
recommended that the agreement be approved and executed effective
October 1, 1992 through June 30, 1993.
It was moved by Ybarra, seconded by gonzales, that
the communication from the City Clerk dated November 3, 1992 be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6147 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Software Support Services Agreement with OCS
Command Data Systems, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6147 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 3, 1992, was presented, requesting authority and
funds for Sharon Duckworth, Finance Department Office Manager, to
attend the Financial Management Seminar in San Diego, December 3-
4, 1992, with an expense allowance of $516.00.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Sharon Duckworth to attend the Financial
Management Seminar in San Diego, December 3-4, 1992, with an
expense allowance of $516.00. Motion carried.
Communication from Norman Michiels, Director of
Environmental Health, dated November 4, 1992, was presented,
requesting authority and funds for Leonard Grossberg,
Environmental Specialist, to attend the Foundation for Cross-
Connection Control & Hydraulic Research Specialist Course in Los
Angeles, January 11-15, 1993, with an expense allowance of
$655.54.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Leonard Grossberg to attend the
Foundation for Cross-Connection Control & Hydraulic Research
Specialist Course in Los Angeles, January 11-15, 1993, with an
expense allowance of $644.54. Motion carried.
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City Council Minutes
page 5
November 17, 1992
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 10, 1992, transmitting a Policy statement that was
developed by the California Municipal utility Association (CMUA)
Energy Efficiency Committee. This Policy statement does not
mandate any particular programs on any utility; however, it does
demonstrate the commitment of municipal utilities to serve our
customers. After a significant number of utilities have adopted
the Policy statement, CMUA will file them with the energy
Commission and the appropriate legislative committees to help
forestall regulatory or legislative initiatives concerning energy
efficiency. This has been reviewed by the Director of Light and
Power, and it is hereby recommended that a "Policy statement for
a Model Energy Efficiency Program" be approved and adopted.
The City Clerk advised that the aforementioned matter
pertaining to a "Policy statement for a Model Energy Efficiency
Program" should be removed from the Agenda.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated November 10, 1992,
transmitting a Policy statement be removed from the Agenda.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated November 13, 1992, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held
November 16, 1992, for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by McCormick, that
the recommendations listed on the Agenda for the Personnel
Committee Meeting held November 16, 1992, be approved as
submitted and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated November 13, 1992, was presented, transmitting the
Agenda for the Adjourned Regular Finance Committee Meeting to be
held November 12, 1992, for approval of the recommendations
contained therein.
It was moved by Ybarra, seconded by Davis, that the
recommendations listed on the Agenda for the Adjourned Regular
Finance Committee Meeting held November 12, 1992, be approved as
submitted and adopted. Motion carried.
RESOLUTION NO. 6181 - A Resolution of the City
Council of the City of Vernon Authorizing the Sale of Surplus
Property From the Police Department, the Community services
Department, City Clerk's Department (Finance) and Light and Power
Department Pursuant to Section 2.31 of the Vernon City Code, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6181 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 851 covering claims and demands
presented during the period of October 30 thru November 12, 1992,
drawn on the First Interstate Bank totaling $426,694.53, which
includes Demand Nos. 39542 thru 39786 (inclusive), excluding
Light & Power Demands and Void Demands as listed below
(accounting period November, 1992) was examined and audited:
39622
39628
39629
39640
39641
39630
39631
39632
39633
39634
39639
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City Council Minutes
page 6
November 17, 1992
It was moved by
Warrant Register No. 851 be
claims and demands totaling
Demands. Motion carried.
Davis, seconded by Gonzales, that
approved and payment authorized for
$426,694.53, excluding Light & Power
WARRANT REGISTER NO. 851 covering claims and demands
presented during the period of October 30 thru November 12, 1992,
drawn on the First Interstate Bank totaling $1,010,067.88, which
includes Light & Power Demand Nos. as listed below (accounting
period November, 1992) was examined and audited:
39598 39610 39643 39665 39681 39704 39743 39757
39599 39612 39650 39670 39684 39707 39744 39758
I 39606 39614 39652 39672 39689 39710 39747 39768
39607 39616 39653 39673 39690 39714 39751 39775
39608 39623 39655 39677 39701 39719 39752 39776
39609 39635 39661 39680 39702 39741 39753 39778
39781
39785
It was moved by Ybarra, seconded by Mccormick, that
Warrant Register No. 851 be approved and payment authorized for
claims and demands totaling $1,010,067.88. 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. 436 covering claims and
demands presented during the period of September 6 thru October
17, 1992, drawn on the First Interstate Bank totaling
$2,239,220.80 (accounting period October, 1992), was examined and
audited.
It was moved by Gonzales, seconded by Ybarra, that
Payroll Warrant Register No. 436 be approved and paYment
authorized for claims and demands totaling $2,239,220.80. Motion
carried.
The Mayor called a recess at 5:40 p.m.
The Council reconvened in regular session at 5:42
p.m., all members present before the recess again being present.
It was moved by McCormick, seconded by Ybarra, that
the Council go into Closed Session, Attorney/Client Privilege,
pursuant to Government Code Sections 54956.9(a) and 54956.9(c),
the time being 5:42 p.m. Motion carried.
All persons were excluded from Closed Session with
the exception of the City Clerk and City Attorney.
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The Mayor ordered all communications to and from
Closed Session deemed privileged or confidential.
It was moved by McCormick, seconded by Davis, that
the Council go out of Closed Session and resume regular session,
the time being 5:47 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the representation by the County of Los Angeles in the complaint
filed by Pacific Bell v. State Board of Equalization et aI, Santa
Clara County Case No. 724168 be approved. Motion carried.
It was moved by Mccormick, seconded by Davis, that
the City Attorney be authorized to execute the amicus curiae
brief on behalf of the City of Vernon in the case of Roberts v.
City of Palmdale. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
council go into Closed Session Personnel pursuant to Government
Code Section 54957, the time being 5:49 p.m. Motion carried.
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City Council Minutes
page 7
November 17, 1992
All persons were excluded from Closed Session with
the exception of the City Administrator/City Clerk.
The Mayor ordered all communications to and from
Closed Session deemed privileged and confidential.
The City Administrator/City Clerk was excused from
Closed Session at 6:05 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 6:30 p.m. Motion carried.
It was moved by Ybarra, seconded by Mccormick, that
the following items for the City Administrator/City Clerk be
approved. Motion carried.
AYES:
NOES:
ABSTAIN:
Ybarra, McCormick, Gonzales, Davis
None
Malburg
1. His present expense allowance be combined with
his present salary, effective November 1, 1992;
2. He receive two (2) additional days vacation
effective November 1, 1992;
3. His Executive Leave be increased two (2) days
effective November 1, 1992;
4. Increase the amount deposited in his Deferred
Compensation Plan to $15,000 yearly for the next three years
effective November 1, 1992;
5. Finalize an Annuity Plan (after the last $15,000
payment has been deposited into his Deferred Compensation Plan);
6. 3% salary increase effective November 1, 1992;
7. All items previously approved in prior years, and
not in conflict with the above, be continued without hesitation
or change.
There being no further business to come before the
Council at this time it was moved by Ybarra, seconded by
McCormick, that the meeting adjourn. Motion carried.
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~eon1s C. Ma burg
Mayor
ATTEST:
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Bruce V. Malkenhorst
City Clerk
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