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19980126 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 26, 1988 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, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. I It was moved by Ybarra, seconded by Davis that the minutes of the meeting held January II, 1988 be approved as written and adopted. Motion carried. Police Department Activity Log for the period January 1 thru 15, 1988, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Report for the period of January I thru IS, 1988, be received and filed. Motion carried. Fire Department Activity Report for the period January I thru 15, 1988, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period January 1 thru 15, 1988 be received and filed. Motion carried. Health Department Report for the month of December 1987, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of December, 1987 be received and filed. Motion carried. At this time, the Mayor asked if anyone wished to address the Council regarding any matters listed on today's Agenda. At this time, Mr. Ned Rockwell, representing Uintah Freightways, addressed the Council regarding their application for conditional use permit for a trucking terminal to be located at 4366 26th Street, requesting of the council that the matter be deferred until Dewitt is able to comply with the conditions of their condi- tional use permit. Rose Canale, representing Dewitt, addressed the Council asking for a 30 day extension on the conditions of their conditional use permit. I At this time, it was moved by Gonzales, seconded by Davis, that the Public Hearing to consider a conditional use permit for a truck terminal at an existing facility at 4366 26th Street be opened, the time being 5:15. Motion carried. It was moved by McCormick, seconded by Ybarra, that the public hearing considering a conditional use permit as stated above be continued to March I, 1988. Motion carried. At this time, it was moved by McCormick, seconded by Gonzales, that the continuation of the Public Hearing in the matter of the proposed construction and operation of a 120 KW Engine/ Generator to be located at 6062 Alcoa Avenue, Vernon (continued from January 5, 1988 meeting), be deferred to the next City Council meeting to be held on February 2, 1988, per the verbal request of Mr. Borray of American Private Power on 1/18/88. Motion carried. Communication from Bruce V. Malkenhorst, Director of Perso- nnel, dated January 20, 1988, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held January 25, 1988 and recommending approval of recommendations contained thereon. 1613 City Council Minutes Page 2 January 26, 1988 It was moved by Gonzales, seconded by Davis that the actions on the Agenda for the Personnel Committee Meeting held January 25, 1988 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 20, 1988, was presented, transmitting the Minutes of the Finance Committee Meeting held January II, 1988, for your approval of recommendations contained therein. It was moved by McCormick, seconded by Ybarra that the Minutes of the Finance Committee Meeting held January 11, 1988, be approved. Motion carried. I Warrant Register No. 733 covering claims and demands pre- sented during the period of January 15 thru 31, 1988, which includes Demand Nos. 15800 thru 15805 (inclusive), and 15813 thru 16081 (inclusive), excluding void Demand Nos. as listed below, excluding Light & Power Demands drawn on the First Interstate Bank totaling $360,330.75, was examined & audited (accounting period, January, 1988): 15803 15804 15805 15848 15861 15862 15863 15864 15865 15949 15975 16012 16061 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 733 be approved and payment authorized for Demand Nos. 15800 thru 15805 (inclusive) and 15813 thru 16081 (inclusive), excluding void Demand Nos. as listed above drawn on the First Interstate Bank totaling $360,330.75 (accounting period, January, 1988). Motion carried. Warrant Register No. 733 covering claims and demands presented during the period of January 15 thru 31, 1988, which includes Light & Power Demand Nos., as listed below, drawn on the First Interstate Bank totaling $4,913,152.67 was examined and audited (accounting period, January, 1988): 15813 15859 15926 15985 16043 *15822 15820 15860 15931 15997 16046 15841 15880 15933 16002 16050 15845 15889 15935 16008 16052 15852 15900 15939 16009 16053 15854 15903 15945 16013 16060 15855 15906 15971 16019 16070 15856 15910 15976 16032 16073 15857 15912 15981 16035 16081 15858 15922 15983 16040 *15821 1 It was moved by McCormick, seconded by Gonzales,that Warrant Register No. 733 be approved and payment authorized for Demand Nos. as listed above, drawn on the First Interstate Bank totaling $4,913,152.67 (accounting period, January, 1988). Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it's reasonably foreseeable that the decision will have a material, financial effect on his source of income. Payroll Warrant Register No. 375 covering claims and demands presented during the period of November 8 thru December 19, 1987, which includes Demand Nos. 4931 thru 4960 (inclusive) drawn on the First Interstate Bank totaling $1,287,223.38 was examined and audited (accounting period December 1987). It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 375 be approved and payment authorized for Demand Nos. 4931 thru 4960 (inclusive) drawn on the First Interstate Bank totaling $1,287,223.38 (accounting period, December, 1987). Motion carried. . 1614 City Council Minutes Page 3 January 26, 1988 Communication from Bruce V. Malkenhorst, City Clerk, dated January 20, 1988, was presented, requesting authority and funds for himself and Councilmembers William Davis, William McCormick, Mayor, Pro tern Thomas Ybarra, and Mayor Leonis C. Malburg, to attend the 22nd Annual Employee Relations Institute, February 24 to 25, 1988, in San Diego, with an expense allowance of $663. I It was moved by Gonzales, seconded by Davis, that authority be granted for City Clerk, Bruce Malkenhorst, and Councilmembers William Davis, William Mccormick, Mayor, Pro tern, Thomas Ybarra and Mayor, Leonis C. Malburg, to attend the 22nd Annual Employee Relations Institute, February 24 to 25, 1988, in San Diego, with an expense allowance of $663. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 2l, 1988, was presented, recommending that Fire Chief George Bass be retired on an industrial disability retirement in accordance with all recommendations and report of the doctors. It was moved by Gonzales, seconded by Ybarra, that recommendation be made to City Council that Fire Chief George Bass be retired on an industrial disability retirement in accordance with all recommendations and report of the doctors, effective 1/30/88. Motion carried. RESOLUTION NO. 5460 - A Resolution of the City Council of the City of Vernon Determining the Industrial Disability Retirement of George F. Bass, A Local Safety Member Employed by the City of Vernon (Government Code Sections 21024 and 21025), was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5460 be approved and adopted. Motion carried. RESOLUTION NO. 5464 - A Resolution of the City Council of the City of Vernon Commending George F. Bass for His Many Years of Service to the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 5464 be approved and adopted. Motion carried. RESOLUTION NO. 5466 - A Resolution of the City Council of the City of Vernon Amending Exhibit "H", Schedule Vernon S, of Resolution No. 5076 As Amended by Resolution No. 511l, Which Provided for the Establishment of Electrical Rates to Be Charged for Electrical Energy Distributed and Supplied by Said City Within Its Boundaries, was presented. 1 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5466 be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 20, 1988, was presented, advising that Kal Kan Company located at 3376 44th Street has requested an extension to their present trailer permit which was issued on February 5, 1987. The trailer is used by their design group working on their plant expansion. It is hereby recommended that the trailer per~it be extended to February 5, 1989 contingent upon payment of the usual permit fees. It was moved by McCormick, seconded by Davis, that the trailer permit which was issued to Kal Kan Company, located at the aforementioned address, on February 5, 1987, be extended to February 5, 1989, contingent upon payment of the usual permit fees. Motion carried. 1615 City Council Minutes Page 4 January 26, 1988 Communication from Lewis R. Adams, Director of Water & Power, dated January II, 1988, was presented, requesting authority and funds for the following Water & Power Department personnel to attend the Dispatchers Association, Inc. American Power Seminar in Sacramento, California, January 14 to 16, 1988, with an expense allowance of $338.75 each: Manuel Garcia Julio Valdez Sergio Rodriguez Jorge Somoano Joe Jimenez' Daniel Garcia I It was moved by Gonzales, seconded by Davis, that authority be granted to issue warrants in the amounts of $338.75 each, to the above-listed personnel to attend the Dispatchers Association, Inc. American Power Seminar in Sacramento, California, January 14 to 16, 1988. Motion carried. Communication from Norman Michiels, Health Officer, dated January 18, 1988, was presented, advising that, in accor- dance with Section 459 of the Health & Safety Code, the Vernon City Jail was inspected on January 14, 1988. Said inspection showed that the facility complies with the standards and requirements prescribed by the Board of Corrections regarding sanitary conditions. It was moved by McCormick, seconded by Davis, that the aforementioned communication from Norm Michiels regarding the Vernon City Jail inspection of January 14, 1988, be received and filed. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated January 7, 1988, was presented, advising that Contract No. 480, Traffic Pavement Striping 1987, has been completed, the total contract being $23,488.13, all of which has been paid, and recommending that the work be accepted. It was moved by Ybarra, seconded by Davis, that the work for Contract No. 480, Traffic Pavement Striping 1987, be accepted, based on the completion of said contract. Motion carried. RESOLUTION NO. 5462 - A Resolution of the City Council of the City of Vernon Accepting the Work of Pacific Striping Company in Accordance with Contract No. 480 of the City of Vernon, was presented. 1 It was moved by McCormick, seconded by Davis, that Resolution No. 5462 be approved and adopted. Motion carried. Communication from Larry Spadt, Acting Fire Chief, dated January 12, 1988, was presented, requesting authority and funds for Walter Sumner, Fire Prevention Inspector, to attend the Combined Northern/Southern Division Fire Prevention Officer's Section, California Fire Chief's Association in San Luis Obispo, March 16 to 18, 1988, with an expense allowance of $395.00. It was moved by Davis, seconded by Ybarra, that a warrant be issued in the amount of $395.00 to Walter Sumner to attend the Combined Northern/Southern Division Fire Prevention Officer's Section, California Fire Chief's Association in San Luis Obispo, March 16 to 18, 1988. Motion carried. ~ 1816 City Council Minutes page 5 January 26, 1988 Communication from Bruce V. Malkenhorst, City Clerk, dated January 21, 1988, was presented, advising that US Boys, Inc., located at 4310 Charter Street has requested a variance from City Code Section 7.52 (loading space required.) The existing docks are located 38 feet from the street property line and the company is proposing to utilize trucks no longer than 38 feet. This request has been reviewed by the Director of Community Services and the Fire Department, and it is hereby recommended that said variance be granted contingent upon the following conditions: I 1. the use of the loading docks be limited to trucks not larger than 37 feet; 2. all frontage be improved to City standards including sidewalks, driveways and barrier walls. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Clerk be approved and that a variance from City Code Section 7.52 (loading space required), be granted, contingent upon the above-listed condi- tions. Motion carried. Communication from Lewis R. Adams, Director of Water & Power dated January 18, 1988, was presented, advising that Contract No. 483, Gas Main (between Downey Road & Soto Street), has been completed the total contract amount being $243,648.00 with a final partial payment of $14,300 now due and payable and the remaining 10 percent of $24,364.80 payable thirty five days after acceptance. It is hereby recommended that the work be accepted and authority be granted to pay the contractor Barron & Eckhart Engineering Contractors, 741 San Dimas Avenue, San Dimas, California 91773 in accordance with said contract. It was moved by Ybarra, seconded by McCormick, that work for Contract No. 483, Gas Main (between Downey Road & Soto Street) be accepted and authority granted to pay the Contractor, Barron & Eckhart Engineering Contractors, in accor- dance with said contract. Motion carried. RESOLUTION NO. 5465 - A Resolution of the City Council of the City of Vernon Accepting the Work of Barron & Eckhart Engineering Contractors in Accordance with Contract No. 483 of the City of Vernon, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 5465 be approved and adopted. Motion carried. 1 Communication from Lewis R. Adams, Director of Water & Power, dated January 19, 1988, was presented, requesting authority and funds for himself to attend the California Municipal Utilities Association 56th Annual Conference in San Diego, California, February 23 thru 26, 1988 with an expense allowance of $737.50. It was moved by McCormick, seconded by Davis, that a warrant in the amount of $737.50 be issued to Lewis R. Adams to attend the California Municipal Utilities Association 56th Annual Conference in San Diego, California, February 23, thru 26, 1988. Motion carried. ~ 1617 City Council Minutes page 6 January 26, 1988 I Communication from Bruce V. Malkenhorst, City Clerk, dated January 21, 1988, was presented, advising that Shedd's Food Products located at 4383 Exchange Avenue has requested a variance from City Code Section 7.39 (minimum parking require- ments) in order to construct a 6,000 sq. ft. cooler addition. They are required to provide 65 parking spaces, however, only 57 parking spaces can be provided. As part of this new con- struction, the docks will be relocated and all trucks will maneuver on private property which will improve traffic flow on Exchange Avenue. This recommendation has been reviewed by the Director of Community Services and the Fire Department, and it is hereby recommended that the variance be granted with the following conditions: I. street frontage be improved per City Standards; 2. a two (2) hour area separation wall with one and one-half (I 1/2) hour fire doors to be con- structed per 1985 Uniform Building Code require- ments for type V-N buildings. 3. existing fire sprinkler line must be relo- cated to clear the proposed addition. It was moved by Ybarra, seconded by Davis that the aforementioned communication from the City Clerk be approved and that a variance from City Code Section 7.39 (minimum parking requirements) be granted to Shedd's Food Products with the above listed conditions. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 2l, 1988, was presented, transmitting the compu- tation report determining the Energy Cost Adjustment Billing Factor for the next three month period, as prepared by Lewis Adams, Director of Light & Power. Based on actual fuel expenses and revenues for the previous period and Southern California Edison Company's forecast of fuel cost for the next three months it is hereby recommended that the new factor be a negative $0.01438 per KWH to be effective February I, 1988. It was moved by Ybarra, seconded by Gonzales that recommendation be made to City Council that the new Energy Cost Adjustment Billing Factor for the next three month period be a negative $0.01438 per KWH, effective February 1, 1988, based on the aforementioned reasons and that communication regarding same be received and filed. Motion carried. I RESOLUTION NO. 5467 - 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 Ybarra, that Resolution No. 5467 be approved and adopted. Motion carried. It was moved by McCormick, seconded by Ybarra that the City Council recess to Closed Session pursuant to Government Code Section 54956.9(a), to confer with its attorney regarding pending litigations, the time being 6:27 p.m. Motion carried. The Mayor ordered all communication to and from Closed Session deemed privileged and confidential. All persons, with the exception of the City Clerk, the City Attorney and the Director of Community Services, were excused from Closed Session. 1618 City Council Minutes page 7 January 26, 1988 The Director of Community Services was excused from Closed Session, the time being 7:23 p.m. Councilman Davis resumed his seat on the Council, the time being 7:48 p.m. It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session pursuant to Government Code Section 54957, the time being 7:50 p.m. Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. I The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular ses- sion, the time being 8:03 p.m. 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: ~, Leonis C. Mal urg, Ma or y{...," / -- ;/ J/~ Bruce V. Malkenhorst, City Clerk I .. 1619