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19841206 Regular City Council Meeting - Minutes I I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, HELD DECEMBER 6, lY83, AT 2: 00 P.M., 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 Mayor Malburg. At this time, the Mayor announced the presentation of Service Pins. Lt. Brad Bunker Police Department 30 years George Burgess Community Services 20 years Jerry Ness Community Services 15 years George Burgess's Service Pin was accepted by Victor Vaits, in his behalf. At 2:05 P.M., the Mayor declared a recess. At 2:15 P.M., the City Council reconvened in regular session, all members present before the recess, again being present. It was moved by Gonzales, seconded by Davis, that the minutes of the adjourned regular meeting, held November 15, 1983, be approved as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated December I, 1983, advising that- Joslyn Mfg., has submitted Parcel Map No. 15947 (including Agreements and Bonds) for property located on the north side of Fruitland Avenue, west of District Boulevard, for investigation and report in accordance with the Subdivision Map Act and transmitting as evidence a Report on Parcel Map No. 15947 and Excerpts from the Subdivision Map Act and also recommending that the proposed Parcel Map be approved as the evidence submitted supports a finding that it is consistent with the General Plan of the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that; (l) the Report on Pa~cel Map No. 15947 and Excerpts from the Subdivision Map Act submitted, be received and filed; (2) based on the evidence submitted, the City Council hereby finds and determines that the approval of Parcel Map No. l5947 is consistent with the General Plan of the City of Vernon; (3) the agreements submitted are hereby approved and the Mayor is authorized to execute said agreements; (4) the Bond submitted is hereby approved. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Mayor be authorized to sign Parcel Map No. 15947. Motion carried. 926 =2= l2/6/83 ORDINANCE NO. 940 - An Ordinance of the City Council of the City of Vernon Providing That Rates To Be Charged For Electrical Energy Distributed And Supplied By Said City Within Its Boundaries Shall Be Set By Resolution And Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith, was read by title for a second and final reading. It was moved by McCormick, seconded by Ybarra, that Ordinance No. 940 receive and pass a second reading and be adopted. Motion carried. I AYES: NOES: Absent: McCormick, Ybarra, Malburg, Gonzales, Davis None None Communication from Victor Vaits, Director of Community Services dated November l6, 1983, advising that the bids received and opened November l5, 1983, for Contract No. 46~ have been reviewed and re- commending that said Contract be awarded to Steiny and Company, Inc. 4620 E. La Palma Avenue, Anaheim, CA 92807, on the basis of their bid in the amount of $35,865.00, was presented. RESOLUTION NO. 5062 - A Resolution of the City Council of the City of Vernon Accepting The Bid Of Steiny And Company, Inc. For Traffice Signal Modernization, Santa Fe Avenue And 37th-38th Street, District Boulevard and Loma Vista Avenue, In Accordance With Contract No. 460 Of The City Of Vernon And Approving The Execution Of Said Contract, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5062 be approved and adopted. Motion carried. AYES: NOES: Absent: Ybarra, Davis, Malburg, McCormick, Gonzales None None RESOLUTION NO. 5063 - A Resolution of the City Council of the City of Vernon, Accepting the Bid Of R. F. Dickson Company, Inc. For Street Sweeping, 1984-1986, In Accordance With Contract No. 46l Of The City Of Vernon And Approving The Execution Of Said Contract, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5063 be approved and adopted. Motion carried. AYES: NOES: ABsent: McCormick, Davis, Malburg, Ybarra, Gonzales, None None I Communication from Fire Chief Geor~,:Bass, dated November 23, 1983, recommending funds and authority for Lloyd Schultz to attend the Fire Protection Foam Technology. Seminar, in Ontario, December 7-8, 1983, with an expense allowance of $175.00, was presented. It was moved by McCormick, seconded by Gonzales,that'the,re__ que s t.of, ..theEireCbiefbe',apprQvedand:.: authQri tyhegr an tedtois sue, warrant to Lloyd Schultz, in the amount of' $l75.00, to attend the Fire Protection Foam Technology Seminar, in Ontario. Motion carried. Police Department Activity Log for the period November 15-30, 1983, was presented. It was moved by Davis, seconded by Ybarra, that the Police Department Activity Log for the period November 15-30, 1983 be received and filed. Motion carried. (' 'l7 .J ~ =3= l2/6/83 Communication from Police Chief L. A. Espinoza, dated November 30, 1983, recommending authority and funds for James A. Woh1t to attend the Background Investigators Workshop in Long Beach, December 7, 1983, with an expense allowance 6~ $25.00, was presented. It was moved by Ybarra, seconded by Gonzales, that .the re- commendation of the Police Chief be approved and authority be granted to issue a warrant to James A. Wohlt, in the amount of $25.00, to attend the Background Investigators Workshop, in Long Beach. Motion carried. I Communication from Police Chief L. A. Espinoza, dated Novemb- er 30, 1983, recommending authority and funds for Leslie W. Brown to attend the Background Investigators Workshop, in Long Beach Dec- ember 7,1983, with an expense allowance of $10.00, was presented. It was moved by Davis, seconded by Ybarra, that the recommend- at of the Police Chief be approved and authority be granted to issue a warrant to Leslie W. Brown, in the amount of $lO.OO, to attend the Background Investigators Workshop, in Long Beach. Motion carried. Payroll Warrant Register No. 325-covering claims and demands presented during the period October 16, 1983 through November l2, 1983, which includes Demand Nos. 3829-3851 (both inclusive) drawn on the Crocker National Bank totaling $642,090.93, (Accounting period November 1983) was examined and audited. It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 325 be approved and payment authorized for De- mand Nos. 3829-385l (both inclusive), in the amount of $642,090.93, with no exceptions. Motion carried. Warrant Register No. 633 - covering claims and demands present- ed during the period November 16-30, 1983, which includes Demand Nos. 11720-11870 (both inc1usvie) excluding Light and Power Demands drawn on the First Interstate Bank totaling $167,7l0.89, (Accounting period December 1983) was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Regist~ er No. 633 be approved and payment authorized for Demand Nos.1l720- ll879 (both inclusive) excluding Light and Power Demands, in the amount of $l67,710.89, with no other exceptions. Motion carried. Warrant Register No. 633 - covering claims and demands present- ed during the period November 16-30, 1983, which includes Light and Power Demand Nos. 11727, 1l728, 1l734, 11741, l1764, l1775, ll776, ll779, 1l808, 11827, l1828, ll834, ll858, ll867, 11869 and 11870, totaling $578,219.09, (Accounting period December , 1983) was examin- ed and audited. I It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 633 be approved and payment authorized for Light and Power Demand Nos. ll727, l1728, ll734, ll74l, ll764, ll775, ll776, 11779, 1l808, 1l827, ll828, l1834, l18S8, 1l867, 11869 and l1870, in the amount of $578,219.09t with no exceptions. Motion carried. Councilman Davis abstainea. Communication from Lewis R. Adams, Director of Water, dated November 29, 1983, advising that the California Environmental Act is not applicable to restructuring or approval of rates which the public agency finds are for the purpose of (l) meeting operating expenses, including employee wage rates and fringe. benefits, (2) pur- chasing or leasing supplies, equipment or materials, (3) meeting financial reserve needs and requirements, (4) obtaining funds for capital projects, necessary to maintain service within existing service areas, or (5) obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter. 928 =4= l2/6/83 The basis for the claim of exemption is supported by in- corporating written findings in the record of the proceeding. . The restructuring of the rate of the Water Department will ~ncrease revenues needed for all the purposes enumerated above. It was moved by Ybarra, seconded by Davis, that the communi- cation from Lewis R. Adams, Director of Water, be received and filed. Motion carried. I Communication from Bruce V. Malkenhorst) City Administrator/ City Clerk, dated December l, 1983, recommend~ng the approval of an increase in water rates to become effective February 1984, was presented. It was moved by Ybarra, seconded by Davis that the recommend- ation of the City Administrator/City Clerk be approved and that the City Attorney be authorized to prepare a resolution providing for an increase in water rates to become effective February 1984. Motion carried. ORDINANCE NO. 942- An Ordinance of the City Council of the City of Vernon Amending The Code Of The City Of Vernon, California 1959 By Amending Sections Of Said Code Establishing The Rates For The Sale Of Water In Said City To Be Set By Resolution And Repeal- ing All Ordinances Or Parts Of Ordinances In Conflict Therewith, Specifically Ordinance No. 933, was read by title for a first read- ing. It was moved by Ybarra, seconded by Davis, that Ordinance No.942 receive and pass a first reading. Motion carried. AYES: Ybarra, Davis, Malburg, Gonzales, McCormick NOES: None Absent: None I Communication from David. B. Brearl~y, City Attorney, dated December 6, 1983, recommending that the zoning ordinance be amended to provide for conditional use procedures for the establishment of mini storage warehouses and cogeneration facilities within the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that the re- commendation to amend the zoning ord[nanceto provide for condition- al use procedures for the establishment of mini storage warehouses and cogeneration facilities be approved and that the City Attorney be authorized to prepare an amended zoning ordinance. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated November 30, 1983, recommending that the Business License Ordinance be amended, was presented. ORDINANCE NO. 943 - An Ordinance of the City Council of the City of Vernon Amending The Code Of The City Of Vernon, California 1959 By Adding A New Section l5.34 To Said Code Regarding Licenses For The Purpose Of Revenue And Regulation Of Certain Kinds of Busi- nesses Authorized By Law And Carried On In The City Of Vernon And Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith, as presented. It was moved by Ybarra, seconded by McCormick, that Ordinance No. 943 be approved and adopted. Motion carried. AYES: NOES: Absent: Ybarra, McCormick, Malburg, Davis, Gonzales None None ,.. '. n', 'v fJlw~ I I =5= 12/6/83 Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated December 1, 1983, advising that two timely claims had been received from Samuel P. Delug, lawyer for Olga Maria Zamora and Enriqueta Zamora alledging bodily harm and property damage result- ing from a traffic collision on October 1, 1983, and recommending that these claims be rejected, was presented. It was moved by Gon~ales, seconded by Davis, that the claims received from Samuel P. Delug, lawyer for Olga Maria Zamora and Enriqueta Zamora be rejected and referred to CAS. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated December 1, 1983, recommending that the Claim For Indemnification Of The COQ~ty Of Los &Lgeles Against The City Of Vernon be rejected, was presented. It was moved by Gonzales, seconded by McCormick, that the Claim For Indemnification Of the County Of Los Angeles Against The City Of Vernon be rejected and referred to CAS. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated December 1, 1983, recommending that a resolution be adopted declaring that portion of real property to be known as the Los Angeles River Bike Path from Atlantic Boulevard to Florence Avenue 'l:vithin our City to be a part of the County System of Highways for the purpose of acquiring right of way, constructing improvements and performing appurtenant work on said portion of real property, was presented. RESOLUTION NO. 5066 - A Resolution of the City Council of the City of Vernon Consenting To Establishment Of A Portion Of Real Property To Be Known As The Los Angeles River Bike Path Located With- in The City Of Vernon As A Part Of The System Of Highways Of The County Of Los Angeles And Relieving The City Of Vernon From Any And All Maintenance Responsibliity And Liability For The Operation And Maintenance Of The Facility, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5066 be deferred to the City Council Meeting to be held on December 20, 1983. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated December 1, 1983, advising that the Emergency Sewer work repair has been completed at a total cost of $68,480.52, and recommending that said expenditure be approved and authority be granted to pay contractor, George Miller Construction Company, 3032 Bandini Boulevard:; Vernon, CA 90023 ,was presented. It was moved by Ybarra, seconded by Davis, that the recommendation of the City Administrator/City Clerk be approved and authority be granted to issue a warrant to George Miller Construction Company, in the amount of $68,480.52. Motion carried. RESOLUTION NO. 5064 - A Resolution of the City Council of the City of Vernon Approving The Execution Of An Agreement By And Between The City Of Vernon And The State Of California Department Of Water Resources Providing For The Purchase Of Nonfirm Energy, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5064 be approved and adopted. Motion carried. AYES: NOES: ABSENT: ABSTAINED: McCormick, Gonzales, Malburg, Ybarra None None Davis ,n~t\ ~1 ~} l~ =6= 12/6/83 RESOLUTION NO. 5065 - A Resolution of the City Council of the City of Vernon Approving An Agreement By and Between The City Of Vernon And Southern California Edison Company For the Integrat- ion And Interruptible Transmission Of Nonfirm Energy Purchased By Vernon From The State Of California Department Of Water Resources, was presented. I It was moved by Ybarra, seconded by McCormick, that Resolution No. 5065 be approved and adopted. Motion carried. AYES: NOES: Absent: Abstained: Ybarra, McCormick, Malburg, Gonzales None None Davis ORDINANCE NO. 941 - An Ordinance of the City Council of the City of Vernon Amending The Code of The City of Vernon, Calif- ornia 1959 By Amending Section 20.12 Of Said Code Imposing A Sales And Use Tax To Be Administered By The State Board Of Equalization And Repealing All Ordinances Or Parts of Ordinances In Conflict Therewith, was presented. It was moved by Gonzales, seconded by Davis, that Ordinance No. 941 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, Davis, Malburg, Ybarra, McCormick None None I Communication from Bruce V. Malkenhorst, Director of Finance, dated December 1, 1983, recommending authority and funds for Bruce V. Malkenhorst, Director of Finance, Councilmen Hilario Gonzales and Thomas A. Ybarra, and Assistant Director of Finance, Edward A. Cooney to attend the California Society of Municipal Finance Officers Meeting in San Diego, January 31, to February 4, 1984, with an expense allowance of $689.50, was presented. It was moved by Davis, seconded by Ybarra, that the recommend- ation of the Director of Finance he approved and authority be granted to issue warrants to Bruce V. Malkenhorst, Hilario Gonzales, Thomas A. Ybarra, and Edward A. Cooney, in the amount of $689.50, to attend The California Society of Municipal Finance Officers Meeting in San Diego. Motion carried. Corrrrnunication from Bruce V. Malkenhorst) '''D\rector of Personnel, dated December 6,1983, transmitting the minutes of the Personnel Corrrrnittee Meeting held December 5, 1983, for approval of recommend- ations contained therein, was presented. It was moved by Gonzales, seconded by Davis, that the minutes of the Personnel Committee Meeting, held December 5, 1983, be approved as written and recommendations contained therein be adopted. Motion carried. Corrrrnunication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated December 5, 1983, advising of the receipt of the following twenty (20) claims, which are a result of an accident of paint overspray due to weather conditions and recorrrrnending that these claims totaling $1,713.98, be paid; Mary Jane Salina Lorna D. Hornbeek Cecilia Giordano Rosalie Montalvo $ 60.00 80.00 40.00 195.00 n ~'f '1'., 'f, I Alzena Anderson Dorothy A. Cochrane Margaret E. Magaron Lynda Huffman Joanne Pupp Peggy J. Caforio Lillie Varnado Edna M. Marshall Victoria M. Goltz Wilma A. Johnson Tony John Cincera Jacqueline L. Quam Carol R. Woodworth Karen Eason Lee Thompson Colline Silvera 65.00 75.00 l04.50 60.00 lOO.OO 45.00 80.23 lOO.OO 49.25 70.00 l25.00 100.00 75.00 65.00 160.00 65.00 =7= 12/6/83 It was moved by Gonzales, seconded by Davis, that the recommend- ation of the City Administrator/City Clerk be approved and that warrants be issue to the claimants listed above, in the amounts de- signated. Motion carried. ORDINANCE NO. 944 - An Ordinance of the City Council of the City of Vernon Providing For The Establishment Of Regulations Govern- ing The Underground Storage Of Hazardous Substances And Excepting Exclusive Jurisdiction Pursuant To Section 25l50.l And Chapter 6.7 (Commencing With Section 25280) Of Division 20 Of The Health And Safety Code, was read by title for a first reading. It was moved by McCormick, seconded by Ybarra, that Ordinance No. 944 receive and pass a first reading. Motion carried. AYES: NOES: Absent: McCormick, Ybarra, Malburg, Gonzales, Davis None None Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated December 6, 1983, recommending authority and funds for the following to attend the League of California Cities 18th Annual Employee Relations Institute, in Long Beach, January 25-26, 1984, with an expense allowance of $220.00 each: I Bruce V. Malkenhorst, City Administrator Councilman Thomas A. Ybarra Councilman William J. Davis Councilman William M. McCormick Mayor Leonis C. Malburg David Brearley, City Attorney It was moved by Gonzales, seconded by Ybarra, that the re- commendation of the City Administrator/City Clerk be approved and authority be granted to issue warrants in the amount of $220.00, to Bruce V. Malkenhorst, Thomas A. Ybarra, William J. Davis, William M. McCormick, Leonis C. Malburg and David B. Brearley, to attend the League of California Cities l8th Annual Employee Relations Institute, in Long Beach. Motion carried. The City Attorney reported that Mr. Baker G. Clay of Baker G. ~lay Associates, Inc. had submitted a Report on Rate Design which 1ncluded recommendations to the City Council to establish new rates ~or the distribution of electrical energy in order to recover the 1ncr7ase costs caused.by Southern California Edison Company's request for 1ncreased wholesale rates at the Federal Energy Kegulatory Commission in Docket No. ER84-75. He recommended that the report be kept on file in the City Clerk's office for review and distribution to interested parties and that the City Council provide for a public hearing on December 20, 1983, at 4:00 p.m. to hear and consider the recommendations contained in the report prepared by Mr. Clay. 9')') tJ 1-.. =8= l2/6/83 It was moved by McCormick, seconded by Davis, that the City Council receive and file Mr. Clay's Report on Rate Design and that a public hearing be set for the consideration of said report and the recommendations to increase electrical rates for the distribution of energy within the City of Vernon on December 20, 1983, at 4:00 p.m. Motion carried. I Councilman Gonzales made a report to the City Council concern- ing his attendance at the National League of California Cities Seminar in New Orleans on November 25, 1983 and recommended that the City consider CLEO Membership because the CLEO organization concerns itself with municipal electrical utility problems. It was moved by Gonzales, seconded by McCormick, that the recommendation be approved and that the staff review and report back at the next meeting information relating to CLEO membership. Motion carried. At 4:00 p.m. Mayor Malburg declared a recess. At 4:30 p.m. the City Council reconvened in the regular session, all members present before the recess, again being present. The Mayor recogniz.ed Mr. Rudolpho Martinez who proceeded to address the City Council concerning the recommendation which had been made to the City Council from Bruce V. Malkenhorst, Personnel Director, to terminate his employment. Bruce V. Malkenhorst, Personnel Director and City Administrator explained his reasons for making the recommendation. Mr. Victor Vaits, Director of Community Services appeared before the City Council and explained the reasons he had for recommending that Mr. Martinez be terminated. The Council requested Mr. Terry Gresham to appear before the Council and respond to questions. Mr. Gresham appeared and responded to specific questions. The Mayor then indicated to everyone present that the City Council would take this matter under submission. It was moved by McCormick, seconded by Ybarra, that the City Council go into executive session under Section 54957 of the Government Code at 4:55 p.m. Motion carried. All persons with the exception of the City Administrator/ City Clerk, City Attorney, and Victor Vaits, Director of Community Services were excluded from the executive session. Mayor Malburg declared all communications to and from the executive session deemed private and confidential. I At 5:35 p.m., it was moved by McCormick, seconded by Ybarra, that the City Council go out of executive session and resume regular session. Motion carried. It was moved by McCormick, seconded by Gonzales, that the City Council approve the recommendation of Bruce V. Malkenhorst, Personnel Director, that the employment of Mr. Rudolpho Martinez with the City of Vernon be terminated effective November 30, 1983. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council go into executive session under Attorney/Client Privilege at 5:40 p.m. Motion carried. All persons with the exception of the City Administrator/City Clerk and City Attorney were excluded from the executive session. Mayor Malburg declared all communications to and from the executive session deemed private and confidential. Councilman Davis was excused at 6:00 p.m. 933 =9= 12/6/83 At 7:05 p.m., it was moved by Ybarra, seconded by Gonzales, that the City Council ~o out of executive session and resume regular session. Motion carried. The City Attorney reported that Southern California Edison Company had filed new tariffs with the Federal Energy Regulatory Commission requesting an.u.ncrease in wholesale rates in Docket No. ER84-75. He further reported that he and Mr. Arnold Fieldman, special counsel in Washington, D.C. had filed aMotion to Intervene and Protest Against Proposed Rate Increase in said filing on behalf of the City of Vernon and that said Motion was filed on November 30, 1983. I It was moved by McCormick, seconded by Ybarra, that the City Council approve and ratify the City Attorney filing said Motion in said action. Motion carried. Councilman Davis abstained. The City Attorney reported that Mr. Fieldman's office had prepared an antitrust complaint in accordance with previous instruct- ions and that said complaint described activities performed by Southern California Edison Company which were believed to be in violation of the antitrust laws of the United States. It was moved by Ybarra, seconded by Gonzales, that the City Attorney be authorized and instructed to file and serve a Summons and Complaint in the United States District Court, Central District of California against Southern California Edison Company. Motion carried. Councilman Davis abstained. 'The City Attorney indicated that a letter agreement between Vernon and Edison in relation to the Palo Verde Integrated Operations Agreement provides that Vernon, at its sole discretion, may delete from the Palo V~rde Integrated Operations Agreement certain provisions relating to transmission services. He recommended that the City Council notify Edison that they wished these provisions deleted in accordance with said letter agreement. It was moved by McCormick, seconded by Ybarra, that the City Attorney's recommendation be approved and that the Mayor be authorized to execute a letter giving notice to Edison that said' provisions are to be deleted from the Palo Verde Integrated Operations Agreement. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the recommend- ation of the City Administrator/City Clerk be approved and that December 22, 1983, be given as a holiday to miscellaneous employees that are working on the four-day work week, who are not required for emergency services and also any other employees that do not effect operations; as approved by the City Administrator. Motion carried. I There being no further business to come before the City Council, it was moved by Ybarra, seconded by McCormick, that the meeting be adjourned. Motion carried. ATTEST: 6~~~ BRUCE V. MALKENHORST, City Administrator/ City Clerk 934