Loading...
19860218 Regular City Council Meeting - Minutes " . , ( 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, do' hereby ce~.tify.that I did, on the 18th day of ~~/ ,~~ Notice February. 1986 s at 2: QQ.p m., post ~~~ of Adjourn- ment of M~eting of the City Council of the City of Vernon, a , copy of which' is attached hereto, at a conspicuous place on or near the door of the place at which said meeting of the City Council " 'to1as ~. to be held. - ---zr- vZ~ /:2- /~ ~~ BRUCE V. MALKENHORST, City Clerk-' Director of Finance ~~~~/1'f-t. ~~~ ~t:.f-:~k4:;t' 19 ft OFFICIAL SEAL GLORIA J OROSCO NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My comm. expires APR 22, 1986 of I I NOTICE OF ADJOURNMENT OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON I, BRUCE V. MALKENHORST, HEREBY CERTIFY THAT A REGULAR :: ( MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON TO BE HELD FEBRUARY 18, 1986 at 2:00 P.M. IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA WAS ADJOURNED BY ORDER OF THE CITY CLERK (QUORUM NOT PRESENT) TO FEBRUARY 18, 1986, AT 4:45 P.M. TO BE HELD IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. ~~UJZ~ l{~/ul.L~ Bruce V. Ma1kenhorst ~ City Clerk I I MINUTES OF AN ADJOURNED REGULAR CITY COUNCIL MEETING HELD FEBRUARY 18, 1986 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, DAVIS, GONZALES, MCCORMICK MEMBERS ABSENT: NONE Mayor Malburg called the meeting to order. It was moved by Davis, seconded by Ybarra, that the minutes of the Adjourned Regular City Council Meeting held February 4, 1986, be approved as written and submitted. Motion carried. Police Department Activity Log for the period February 1 thru 15, 1986, was presented. It was moved by Ybarra, seconded by Gonzales, that the Police Department Activity Log for the period February 1 thru 15, 1986 be received and filed. Motion carried. Fire Department Activity Report for the period February 1 thru 15, 1986, was presented. It was moved by McCormick, seconded by Davis, that the Fire Department Activity Report for the period of February 1 thru 15, 1986, be received and filed. Motion carried. Health Department Report for the Month of January, 1986, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of January, 1986, be received and filed. Motion carried. Communication from Victor Vaits, Director of Community Services, dated February 3, 1986, was presented, advising that Contract No. 465 awarded to Pacific Striping, 3484 Turnbull Canyon Road, Hacienda Heights, Ca., 91745, has been completed, the total contract amount being $22,419.26, all of which has been paid. The Director of Community Services recommends that the work be accepted. RESOLUTION NO. 5250 - A Resolution of the City Council of the City of Vernon Accepting the Work of Traffic Pavement Striping 1984-85 in Accordance with Contract No. 465 of the City of Vernon, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 5250 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 11, 1986, was presented, recommending that Mr. Edward Cooney, Assistant Director of Finance be appointed as Vernon's alternate on the Independent Cities Risk Management Authority Governing Board. It was moved by McCormick, seconded by Ybarra, that Mr. Edward Cooney, Assistant Director of Finance be appointed as Vernon's alternate on the Independent Cities Risk Management Authority Governing Board. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 11, 1986, was presented, advising of a request from Specialty Tools and Machinery, Co., owners of property located at 4618 and 4626 Pacific Blvd., for a variance from the Uniform Building Code, 1979 Edition, Table 5-A, (wall and opening protection), for construction of a property line opening at 4618 Pacific Blvd. . This request has been reviewed by the Director of Community Services and the Fire Chief and it is hereby recommended that said variance be granted with the condition that the opening be closed upon change of use or ownership. 99210 I I City Council Minutes Page 2 February 18, 1986 It was moved by Gonzales, seconded by Davis, that the recom- mendation of the City Clerk be approved and that a variance from the Uniform Building Code, 1979 Edition, Table 5-A, (wall and opening protection), be granted to Specialty Tools and Machinery Co., contingent upon the above conditions. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 11, 1986, was presented, transmitting the minutes of the Adjourned Regular Finance Committee Meeting held February 10, 1986, for your approval of recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the minutes of the Adjourned Regular Finance Committee Meeting held February 11, 1986, be approved as written and recommendations contained therein be adopted. Motion carried. Warrant Register No. 687 - covering claims and demands presented during the period of February 1st thru 15th, 1986 which includes Demand Nos. 7538 thru 7734 (both inclusive), excluding Void Demand Nos. 7558 thru 7562 and 7701 thru 7707 (both inclusive) and excluding Light & Power Demands, drawn on the First Interstate Bank totaling $142,802.94. (Accounting period February 1986), was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 687 be approved and payment authorized for Demand Nos. 7538 thru 7734 (both inclusive), excluding Light & Power Demands, in the amount of $142,802.94, with no other exceptions. Motion carried. Warrant Register No. 687 - covering claims and demands presented during the period of February 1st thru 15th, 1986 which includes Light & Power Demands Nos. 7538, 7546, 7552, 7555, 7556 7557, 7580, 7600, 7606, 7616, 7643, 7647, 7651, 7678, 7693, 7712, 7726, 7728 and 7734 drawn on the First Interstate Bank totaling $5,991,491.36. (Accounting Period February 1986), was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 687, be approved and payment authorized for Light & Power Demands Nos. 7538, 7546, 7552, 7555, 7556, 7557, 7580, 7600, 7606, 7616, 7643, 7647, 7651, 7678, 7693, 7712, 7726, 7728, and 7734, in the amount of $5,991,491.36, with no other 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. RESOLUTION NO. 5251 - A Resolution of the City Council of the City of Vernon Establishing an Automobile Allowance for City Council Members of the City of Vernon, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 5251 be approved and adopted. Motion carried. ORDINANCE NO. 958 - An Ordinance of the City Council of the City of Vernon Repealing Ordinance No. 954 and Providing for Salary and Expense Allowances for Members of the City Council of the City of Vernon, was read by title for a first reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 958 receive and pass a first reading. Motion carried. , AYES: NOES: ABSENT: Malburg, Ybarra, Davis, Gonzales, McCormick None None RESOLUTION NO. 5252 - A Resolution of the City Council of 01257 City Council Minutes Page 3 February 18, 1986 the City of Vernon, California Providing for the Appointment to the Offices of this City that were to be Elected on Tuesday, April 8, 1986, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 5252 be approved and adopted. Motion carried. Communication from Fire Chief George Bass, dated February 11, 1986, was presented, requesting authority and funds for Fire Inspector Walt Sumner to attend the Water Supply and Fire Pumps Seminar in Los Angeles, March 12 and 13, 1986 with an expense allowance of $183.60. I It was moved by McCormick, seconded by Davis, that authority be granted to issue a warrant to Walt Sumner in the amount of $183.60 to attend the Water Supply and Fire Pumps Seminar in Los Angeles, March 12 and 13, 1986. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 18, 1986, was presented, transmitting the Alternative Agreement For Edison To Purchase From Vernon Its Capacity And Associated Energy Generated By Palo Verde Nuclear Generating Station Unit No.1, and recommending that said agreement be approved. It was moved by Gonzales, seconded by McCormick, that the aforementioned agreement by and between Southern California Edison Company and the City of Vernon be approved, and authority be granted for the City Clerk to execute said agreement. 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. I Communication from Councilman McCormick, advising that Mr. Bruce Smith of the Independent Cities Association, inquired if the City would again be interested in hosting a hospitality room at the Annual Seminar of the Independent Cities Association, at the Rancho Bernardo Inn from July 10 - 13, 1986. It was moved by Gonzales, seconded by Davis, that the City host a hospitality room during the Annual Seminar of the Independent Cities Association, to be held at the Rancho Bernardo Inn from July 10 to the 13th, 1986. Motion carried. At 5:45 P.M., it was moved by Ybarra, seconded by McCormick, that the City Council recess to Closed Session pursuant to Government Code Sections 54956.9a and 54956.9c to confer with its attorney regarding pending litigation. Motion carried. All persons with the exception of the City Clerk, and City Attorney, were excused from the Closed Session. Mayor Malburg declared all communications to and from the Closed Session privileged and confidential. Councilman Davis was excused from Closed Session, the time being 6:00 P.M. Councilman Davis resumed his seat on the Council, the time being 7:08 P.M. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and return to regular session, Motion carried. Communication from David Brearley, City Attornney, dated February 14, 1986, with regard to the Childs v. Garcia, et al. LASC No. C5l6238 case matter and recomending that the City provide for the defense and indemnification of former police officer Brian Smith who was employed at the time of the alleged incident. 01258 City Council Minutes Page 4 February 18, 1986 It was moved by Gonzales, seconded by McCormick, that the recommendation of the City Attorney to provide for the defense and indemnification of Officer Smith be approved. Motion carried. It was moved by Gonzales, seconded by McCormick, that the following determination of the City Council in regards to the Vernon Police Officers' Benefit Association Grievance Appeal be approved, and that the City Clerk notify the counsel for the Vernon Police Officers Benefit Association in writing of said decision, Motion carried: I DECISION OF THE VERNON CITY COUNCIL IN THE MATTER OF THE VERNON POLICE OFFICERS' BENEFIT ASSOCIATION GRIEVANCE APPEAL FACTS: 1. On October 23, 1985, the Vernon Police Officers' Benefit Association (VPBOA) filed a set of formal grievances with City Administrator Bruce V. Malkenhorst (October 23, 1985 cover letter from Randy Lascurain attached as Attachment I and incorporated herein by reference). 2. The individual grievances filed by members of the VPOBA were identifcal in form and content. 3. The grievances (Attachment 2, incorporated herein by refer- ence) provides in part: "....On or about October 3, 1985, my lunch time as prescribed by the Memorandum of Understanding was restricted in the following manner: where I could eat, with whom I could eat, my activity during this period and the fact I was subject to call during this period." 4. Both the VPOBA and the City Agreed to waive Steps 1,2, and 3 of the Grievance Procedure (Section 21 of the Memoran- dum of Understanding) and proceeded to Step 4, an appeal to the City Council by the VPOBA. Section 5 of the Memorandum of Understanding, Shift and Code 7 Policy provides as follows: 5. I "....Patrol personnel shall work an 8 1/2 hour shift. The first one half hour shall be used for briefing and training puposes. Lunch (code 7) shall be part of the shift and is only compensable if actually interrupted for purposes of an emer- gency service call or not allowed. If Code 7 is interrupted for an emergency service call or Code 7 is not allowed the officer will be compensated for one-half hour straight time or be granted one half hour Code 7 time at a later part of his/her shift. An officer who elects additional compen- sation shall not be granted additional Code 7 time during his/her shift. The parties agree that the current method of scheduling and utilizing Code 7 time, with the exceptions stated above shall continue. The parties further agree that this section is mutually agreed upon to satisfy the dictates of Madera Police Officers' Association v. City of Madera (1984)." 6. On December 3, 1985, the City Council heard oral argu- ments from both the City and VPOBA. [ 11~q City Council Minutes Page 5 February 18, 1986 7. Gerald Lennon, Esquire, and Randy Lascurain, President of the VPOBA, spoke on behalf of the VPOBA. No documentary evidence was presented nor was any testimony other than oral argument by Mr. Lennon and Sgt. Lascurain presented. 8. Steve A. Filarsky, Esquire, spoke on behalf of the City. Mr. Filarsky presented a three page chronology of events which is attached as Attachment 3 and incorporated herein by refer- ence. No other documentary evidence was presented nor was any testimony other than oral agrument by Mr. Filarsky presented. I CONCLUSIONS 1. No evidence was presented that restrictions on where an officer could eat were placed into effect on or about October 3, 1985. 2. No evidence was presented that restrictions on whom an officer could eat with were placed into effect on or about October 3, 1985. 3. No evidence was presented that restrictions on activity during lunch period were placed into effect on or about October 3, 1985. 4. No evidence was presented that the on-call status of officers was changed on or about October 3, 1985. 5. No evidence was presented that the City has violated Section 5 of the Memorandum of Understanding. 6. On the contrary, the City is complying with the terms of Section 5 of the Memorandum of Understanding as agreed to by the VPOBA and the City. This issue was fully negotiated, and resolved, by both parties in 1985. The VPOBA was repre- sented by legal counsel and voluntarily entered into the Agreement. The proper time and method to attempt to make any changes in the current language and practice is during the meet and confer process. CONCLUSION The grievance is denied. There being no further business to come before the Council it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. I ATTEST: 6 /~ Bruce V. Malkenhorst, City Clerk , . ~. ~ o 1::.3J:?