Loading...
19851203 Regular City Council Meeting - Minutes MINUTES OF AN ADJOURNED REGULAR CITY COUNCIL MEETING HELD DECEMBER 3, 1985 AT 5:00 PM 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 I It was moved by Davis, seconded by Gonzales, that the Min- utes of the Adjourned Regular City Council held November 19, 1985 be approved as written. Motion carried. The City Clerk at this time introduced counsel for the City, Mr. Steve Filarsky. Mr. Filarsky came forward and advised that at this time Mr. Gerry Lennon, counsel for the Vernon Police Officers Benefit Association, would address the City Council with regard to their grievances. Mr. Gerry Lennon came forward and introduced himself to the city council and then gave a brief synopsis of what has tran- spired between the representatives of the Vernon Police Officers' Benefit Association and representatives of the City. Mr. Lennon advised that the grievances are based on the fact that they feel the city is acting in violation of Section 5 of the current Memorandum of Understanding with regard to "Code 7" time for police officers, in that they (Police Officers) are not being compensated in accordance with said Section. By acting in this manner the City is also in violation of the Madera Case and if this in not remedied at this time they will handle this in a litigious manner which means it will probably go before the Supreme Court. Mr. Brearley asked if they had anything in writing that they were going to put before the Council which Mr. Lennon rep- lied not at this time, however they could prepare a brief. Sergeant Randolph Lascurain came before the Council and advised that the Vernon Police Officers' Benefit Association submits the following proposals for consideration by the Council: I l. Two years of retroactivity 2. Accept 80% for each employee Mr. Filarsky at this time came before the Council and distributed a handout which was a brief chronology of events which have occurred since May 21,1984. He advised that at the time of previous negotiations the Madera Case had already been decided and that the representatives for the Association were aware of this. Mr. Filarsky advised that at this time, as counsel for the City he recommends that the proposals of the Association be denied. Mr. Brearley asked Mr. Filarsky if the whole Memorandum of Understanding was opened for meet and confer during recent meetings with representatives of the Vernon Police Officers' Benefit Association to which Mr. Filarksy replied "No, that the meetings held in September and October were for the purpose of discussing the Fair Labor Standards Act. It was Mr. Lennon's request to open up the discussions on Code 7 time". At this time the Mayor asked if there were any further comments. TheMayorstated that the Council would take this matter under deliberation. At this time the Mayor presented a 25 year Service Pin to Victor Vaits, Director of Community Services. 01232 City Council Minutes Page 2 December 3, 1985 At 5:50 the Mayor declared a 5 minute recess. At 5:55 PM the council reconvened in regular session all members present before the recess again being present. RESOLUTION NO. 5227 - A Resolution Of The City Council Of The City Of Vernon Amending Schedule VII Exhibit "F" Of Resolution 5197 Which Amends Resolution No. 4918 Fixing The Compensation Of Certain Employees Of Said City And Authorizing Certain Expense Allowances, was presented. I It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5227 be approved and adopted. Motion carried. Police Department Activity Log for the period November16 to 30, 1985, was presented. It was moved by Ybarra, seconded by McCormick, that the Police Department Activity Log for the period November 16 to 30, 1985, be received and filed. Motion carried. Fire Department Activity Report for the period November 16 to 30, 1985, was presented. It was moved by McCormick, seconded by Davis, that the Fire Department Activity Report for the period November 16 to 30, 1985, be received and filed. Motion carried. Communication from Victor Vaits, Director of Community Services, dated November 20, 1985, was presented, advising that the bids for Contract No. 471, have been reviewed and hereby recommends that said contract be awarded to Signal Construction Company of 2720 E. Regal Park Drive, Anaheim, CA., 92806, based on their bid in the amount of $41,863.00. RESOLUTION NO. 5228 - A Resolution Of The City Council Of The City of Vernon Accepting the Bid of Signal Construction Company For Traffic Signal Modernization Boyle Avenue & Fruitland Avenue Intersection In Accordance With Contract No. 471 Of The City Of Vernon And Approving The Execution of Said Contract, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5228 be approved and adopted. Motion carried. I Communication from Victor Vaits, Director of Community Services, dated November 20, 1985, was presented, advising that the bids for Contract No. 472, have been reviewed and hereby recommends that said contract be awarded to Pacific Striping, P.O. Box 1691, Whittier, CA., 90609 based on their bid in the amount of $22,764.322. RESOLUTION NO. 5229 - A Resolution Of The City Council Of The City Of Vernon Accepting The Bid Of Pacific Striping For Traffic Pavement Striping 1986 In Accordance With Contract No. 472 Of The City Of Vernon And Approving the Execution Of Said Contract, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 5229 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 27, 1985, was presented, advising that a letter from the California Department of Water Resources has been received proposing Admendment One to the Economy Energy Sale Agreement between the State of California Department of Water Resources and the City of Vernon which will extend the present agreement for five (5) years with the option for either party to terminate earlier upon 30 days written notice and recommending that Amendment One to the Economy Energy Sales Agreement be approved and that the Mayor and City Clerk be authorized to execute same. 01233 City Council Minutes Page 3 December 3, 1985 I RESOLUTION NO. 5230 - A Resolution Of The City Council Of The City of Vernon Approving the Execution of Amendment One to the Economy Energy Sales Agreement By and Between the City of Vernon and the State of California Department of Water Resources Providing for the Purchasing of Non Firm Energy, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5230 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 27, 1985, was presented, advising that a letter has been received from Michael Tymer, the tenant of the facility at 2401 E. 27th Street, requesting a special status so that he may be exempt from filing for a business license. It is hereby recom- mended that this request be denied, and that he be required to file for a business license. It was moved by Ybarra, and seconded by Gonzales, that the request from Michael Tymer, to be exempt from filing for a business license, be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 27, 1985, was presented, advising that a proposal to reactivate an old abandoned cattle crossing under Soto Street has been received from Clougherty Packing Company. The crossing will be used to move forklifts to their leased property on the west side of Soto Street. It is hereby recommened that the rights to the structure be transferred to Clougherty Packing Company on the condition that a proper license agreement be executed, and a sum of $10,000 be paid to the City. I It was moved by Ybarra, seconded by Gonzales, that the com- munication from the City Clerk recommending that the proposal received from Clougherty Packing Company requesting to reactivate an old abandoned cattle crossing under So to Street, be approved on the condition that a propoer license agreement be executed, and the sum of $10,000 be paid to the City. Motion carried. Payroll Warrant Register No. 350 covering claims and demands presented during the period October 13 thru November 9, 1985 which includes Demand Nos. 4332 thru 4358 (both inclusive) drawn on the Crocker National Bank totaling $648,839.17 (accounting period November 1985), was examined and audited. It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 350, be approved and payment authorized for Demand Nos. 4332 thru 4358 (both inclusive), in the amount of $648,839.17, with no exceptions. Motion carried. Warrant Register No. 682 covering claims and demands pre- sented during the period of November 16 thru 30, 1985 which includes Demand Nos. 6773 thru 6889 (both inclusive) excluding Void Demand Nos. 6782, 6785 thru 6788 (both inclusive) 6875, and excluding Light & Power Demands drawn on the First Interstate Bank totaling $167,617.55 (accounting period December 1985), was examined and audited. It was moved by Davis, seconded by Ybarra, that Warrant Register No. 682 be approved and payment authorized for Demand Nos. 6773 thru 6889 (both Inclusive) excluding Void Demand Nos. 6782, 6785 thru 6788 (both inclusive) 6875, and excluding Light & Power Demands in the amount of $167,617.55, with no exceptions. Motion carried. Warrant Register No. 682 covering claims and demands pre- sented during the period of November 16 thru 30, 1985, which includes Light & Power Demand Nos. 6774, 6776, 6780, 6784, 6800, 6802, 6816, 6821, 6822, 6825, 6834, 6837, 6843, 6844, 6851, 6858, 6863, 6867, 6870, 6874, 6879, 6881, and 6886 drawn on the First ()1J.3'f City Council Minutes Page 4 December 3, 1985 Interstate Bank totaling $1,508,256.61 (accounting period December 1985), was examined and audited. I It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 682 be approved and payment authorized for Light & and Power Demand Nos. 6774, 6776, 6780, 6784, 6800, 6802, 6816, 6821, 6822, 6825, 6834, 6837, 6843, 6844, 6851, 6858, 6863, 6867, 6870, 6874, 6879, 6881, and 6886 in the amount of $1,508.256.61, with no exceptions. Motion carried. Councilman Davis is abstaining from voting on the above motion and is disqualifying himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Motion carried. Communication from Bruce V. Malkenhorst, dated November 27, 1985, was presented, advising of a request from Mr. Robert J. Nicum, Chief Realty Agent for the Los Angeles Unified School District dated October 24,1985, for he City to waive the custo- mary building and occupancy inspection fees for the property located at 2458-62 E. 28th Street which they intend to use for storage. The request has been reviewed by the Director of Community Services and it is hereby recommended that said request be denied. It was moved by Gonzales, seconded by McCormick, that the request of Mr. Robert J. Nicum, for the City to waive the custo- mary building and occupany inspection fees for the property located at 2458-62 E. 28th Street be denied. Motion carried. Communication from Bruce V. Malkenhorst, dated November 27, 1985, was presented, recommendyng that the Project Development Agreement for the California Oregon Transmission Project be approved and that the Mayor be authorized to execute same on behalf of the City. This agreement provides for the participants in said Project to share the costs of project development work and Vernon's share of the development costs are 1.80%. RESOLUTION NO. 5231 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Project Development Agreement for the California Oregon Transmission Project Among the Cities of Anaheim, Azusa, Banning, Colton, Riverside, and Vernon,Pacific Gas and Electric, San Diego Gas and Electric, Southern California Edison, Transmission Agency of Northern California, and Western Area Power Administration ("participants"), was presented. I It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5231 be approved and adopted. Motion carried. Councilman Davis is abstaining from voting on the above motion and is disqualifying himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 2, 1985, was presented requesting approval of the following personnel actions: I Hire Mr. Rex A. Hill as Provisional Station Cadet and classified as Police Officer I, Step 4, with a monthly salary of $1756 effective December 8, 1985. Mr. Hill is a recent graduate of Rio Hondo Police Academy and continued employment will be contingent upon the satis- factory completion of his background processing and his execution of an eighteen month employment agreement for said position. It was moved by Ybarra, seconded by Davis, that Rex A. Hill be hired as Provisional Station Cadet andclassi- fied as Police Officer I, Step 4, with a monthly salary of $1756 effective December 8, 1985, contingent upon the satisfactory completion of his background processing and r1?~5 .........--.......'" City Council Minutes Page 5 December 3, 1985 his execution of an eighteen month employment agreement. Motion carried. II Merit Step Increases: Patricia Moebus be advanced to Communications Operator Step 6, with a new monthly salary of $1339 effective December 22, 1985 based on her satisfactory job perfor- mance during the past six (6) months. I It was moved by McCormick, seconded by Davis, to advance Patricia Moebus to Communications Operator Step 6, with a monthly salary of $1339 effective December 22, 1985. Motion carried. Officer Darin Moeller be advanced to Police Officer I, Step 2, with a new monthly salary of $1955, effective December 24, 1985, based on his satisfactory completion of six (6) months field service and is in accordance with Section 2.5 of the MOU dated September 4, 1984. It was moved by Ybarra, seconded by Gonzales to advance Darin Moeller to Police Officer I, Step 2, with a monthly salary of $1955 effective December 24, 1985. Motion carried. III Resignation Accept the resignation of Fire Engineer Thomas Stevenson for retirement purposes, effective December 21, 1985. It was moved by McCormick, seconded by Ybarra, to accept the resignation of Fire Engineer Thomas Stevenson for retirement purposes effective December 21, 1985. Communication from Bruce V. Malkenhorst, City Clerk, dated December 2, 1985, was presented, requesting authority and funds for the following to attend the California Contract Cities' 18th Annual Legislative Conference in Sacramento, January 14 to 16, 1986, with an expense allowance of $644.50: Bruce V. Malkenhorst, City Clerk William McCormick, Councilman Thomas Ybarra, Mayor Pro tem Bill Davis, Councilman I It was moved by Gonzales, seconded by Davis, that an expense allowance of $644.50 be approved for Bruce V. Malkenhorst, City Clerk; Thomas Ybarra, Mayor Pro tem; Council- men William McCormick and Bill Davis, to attend the California Contract Cities' 18th Annual Legislative Conference in Sacramento, January 14 to 16, 1986. Motion carried. Communciation from Bruce V. Malkenhorst, City Clerk, dated December 2, 1985, was presented, requesting authority and funds for the following to attend the League of California Cities' Employee Relations Institute in San Diego, January 28 to 30, 1986, with an expense allowance of $521.00: Bruce V. Malkenhorst, City Clerk Leonis C. Malburg, Mayor Thomas Ybarra, Mayor Pro tem William McCormick, Councilman Bill Davis, Councilman Larry Gonzales, Councilman David Brearley, City Attorney It was moved by Davis, seconded by Ybarra, that an expense allowance of $521.00 be approved for Bruce V. Malkenhorst, City Clerk; Leonis C. Malburg, Mayor; Thomas Ybarra, Mayor Pro tem; Councilmen William McCormick, Bill Davis, Larry Gonzales, and O/13~ City Council Minutes Page 6 December 3, 1985 David Brearley, City Attorney; to attend the League of California Cities' Employee Relations Institute in San Diego, January 28 to 30, 1986. Motion carried. I At 7:10 P.M., it was moved by Ybarra, seconded by McCormick, McCormick, that the City Council go into Closed Session under Attorney/Client privilege. Motion carried. All persons with the exception of the City Administrator /City Clerk, City Attorney were excluded from the Closed Session. Mayor Malburg declared all communications to and from the executive session deemed private and confidential. At 7:20 P.M., Councilman Davis was excused. At 8:25 P.M., Councilman Davis resumed his seat on the Council. At 8:26 P.M., it was moved by Ybarra, seconded by McCormick, that the City Council go out of Closed Session and resume Regular Session. Motion carried. At 8:27 P.M., it was moved McCormick, seconded by Ybarra, that the City Council go into Closed Session under Government Code Section 54957. Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from the Closed Session. Mayor Malburg declared all communications to and from the Closed Session deemed private and confidential. At 8:35 P.M., it was moved by Ybarra, seconded by McCormick, that the City Council go out of Closed Session and resume Regular Session. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 27, 1985, was presented, advising that a claim has been received from city employee Pres Sanchez. The claim alledges that the right side "saddlebag" on the claimants motorcyle was damaged on November 7, 1985, by being struck by the small City sweeper. The alledged incident has been reviewed thoroughly and it is hereby recommended that said claim be denied. It was moved by Davis, seconded by Gonzales, that the claim received from city employee Pres Sanchez, be denied. Motion carried. I It was moved by Ybarra, seconded by McCormick, that the matter of the Grievance with regard to the Vernon Police Officers be taken under submission. Motion carried. It was moved by Gonzales, seconded by McCormick, that the recommendation of the City Administrator/City Clerk be approved and that December 24, 1985, and December 31, 1985, be given as a holiday to miscellaneous employees that are working on the four-day work week, are not required for emergency services and also any other employees that do not effect operations; as approved by the City Administrator. Motion carried. There being no further business to come before the City Council, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. f ATTEST: /'"/ ~~ '/ ' / t:. ) /1./l/4:zA- / ~ . .... Bruce V. Malkenhorst, City Cle 01237 i;"l~';" ~... AFFIDAVIT OF POSTING State of California ) County of Los Angeles) SS City of Vernon ) 1. BRUCE V. MALKENHORST, City Clerk of the City of Vernon, db hereby certify that I did on the 3td day of December 1985 2:00 PM , post _ a Notice of Adjournment of the gity '" 7 :-,";;1- Countil Meeting of the City of Vernon, copy attached hereto, at a conspicuous place on or near the door of the place at which said meeting of the City Council ; was to be held. ~ I/;J/~ -BRUCE V. MALKENHORST Subscribed and. s..wo. rn. to b~forem€7 this .:3A-d..dayof. '-iV~J ~ 191.r. lfj~ .. i' /lM1IJ Notary Public i and'for.the County Los Angeles, State of California OFFICIAL SEAL GlORIA J OROSCO NOTARY PUBLIC - CALIFORNIA lOS ANGEll'.S COUNTY . My comm. expires APR 22, 1986 I I AFFIDAVIT OF POSTING State of California ) County of Los Angeles) SS City of Vernon ) I. BRUCE V. MALKENHORST, City Clerk of the City of Vernon, day of December 198~ at do hereby certify that I did on the 2:00 PM , post. Meeting. Jrd --:: ~.....";;f. ",. a Notice of Adjournment of the,City Council of the City of Vernon, copy attached hereto, at a conspicuous place on or near the door of the place at which said meeting of thE" Co; ry r.011nl"' 1 1 ; was to be held. ~/u~ 7/ /ldLJ~ BRUCE V. MALKENHORST Subscribed and sworn to before me this day of , 19_. Notary Public in and for the County of Los Angeles, State of California .