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19870224 Regular City Council Meeting - Minutes 001431 283081 MINUTES OF AN ADJOURNED REGULAR CITY COUNCIL MEETING HELD FEBRUARY 24, 1987 AT 5:00 P.M. IN THE CITY COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Davis, McCormick Gonzales (assumed his seat at 5:l0 p.m.) MEMBERS ABSENT: None I 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 February 3, 1987, be approved and adopted. Motion carried. Police Department Activity Report for the period of February 1 thru l5, 1987, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Report for the period of February 1 thru 15, 1987 be received and filed. Motion carried. Fire Department Activity Report for the period of February 1 thru l5, 1987, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period of February 1 thru l5, 1987 be received and filed. Motion carried. Health Department Report for the month of January, 1987, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of January, 1987 be received and filed. Motion carried. The Mayor asked if anyone in the audience would like to address the City Council regarding items of interest. At this time there was no one from the audience who wished to address the Council. I Communication from Luis Espinoza, Police Chief, dated February 2, 1987, was presented, requesting authority for Sergeant Towles to attend the P.O.S.T. Special Seminar at Kellogg West Cal Poly Pomona, February 18 to 20, 1987. It was moved by Ybarra, seconded by Davis, that authority be granted for Sergeant Towles to attend the P.O.S.T. Special Seminar at Kellogg West Cal Poly Pomona, February 18 to 20, 1987. Motion carried. Communication from Victor Vaits, Director of Community Services dated February 5, 1987, was presented, advising of an application from Chern Clear Corporation, located at 3165 Slauson Avenue for a conditional use permit to construct and operate a hazard- ous waste treatment facility. Submitted herewith are the Preliminary Environmental Checklist and the Operations Plan. It is hereby recom- mended that the City Council receive the submitted reports and on the basis of the supplied information approve a Notice of Intent to adopt a Negative Declaration in compliance with the California Environmental Quality Act, stating that the project will not have a significant effect on the environment. Mr. Martin Smith, Project Manager, came before the Council and gave a brief summary of the overall project which Chern Clear wishes to construct. 283068 City Council Minutes page 2 February 24, 1987 It was moved by Ybarra, seconded by McCormick, that the aforementioned reports and documents be received and filed, and a notice of intent to adopt a negative declaration for a conditional use permit to construct and operate a hazardous waste treatment facility at 3165 Slauson Avenue be approved. Motion carried. At 5:l0 P.M., Councilman Gonzales assumed his seat on the Council. I Communication from Victor Vaits, Director of Community Services, dated February 5, 1987, was presented, advising of an application from Mr. Donald B. Bright, representing California Thermal Treatment Service, a wholly owned subsidiary of Security Environmental System, Inc., for a conditional use permit to construct a hazardous waste incinerator at 369l Bandini Boulevard. Submitted herewith is the preliminary Environmental Assessment Report, the Health Impact Analysis and the Operation plan Volumes I thru IV. It is hereby recommended that the City Council receive the submitted report and on the basis of the supplied information approve a Notice of Intent to adopt a Negative Declaration in compliance with the California Environmental Quality Act, stating that the project will not have significant effect on the environment. At this time Mr. Don Bright came before the Council and gave a brief summary of the overall project which California Thermal Treatment Service wishes to construct. It was moved by Gonzales, seconded by McCormick, that the aforementioned reports and documents be received and filed, and that the Notice of intent to adopt a negative declaration for a conditional use permit to construct a hazardous waste incinerator at 369l Bandini Boulevard be approved. Motion carried. Results of bids opened on Tuesday, February l7, 1987, at 2:00 p.m. in accordance with Contract No. 477, Traffic Signal Modernization, which were forwarded to the Director of Community Services for review, were read by the City Clerk: Macadee Electrical Raymor Electric Company $58,lOO.00 $79,444.00 It was moved by Davis, seconded by Ybarra, that the bids received for Traffic Signal Modernization, in accordance with Contract No. 477 be received and filed. Motion carried. I Results of Bids open on Tuesday, February l7, 1987 at 2:00 p.m. in accordance with Contract No. 479, District Boulevard Resurfacing, which were forwarded to the Director of Community Services for review, were read by the City Clerk: Blair Paving, Inc. Vernon Paving Company Industrial Asphalt Sully Miller Contr~cting $222,677.22 $257,277.90 $246,790.60 $25l,783.30 It was moved by Gonzales, seconded by Davis, that the bids received for District Boulevard Resurfacing, in accordance with Contract No. 479 be received and filed. Motion carried. Results of Bids opened on Tuesday, February 17, 1987 at 2:00 p.m. in accordance with Contract No. 480, Traffic Pavement Striping, which were forwarded to the Director of Community Services for review, were read by the City Clerk Safety Striping Service, Inc. Pacific Striping $24,066.54 $23,279.42 00143 283069 City Council Minutes Page 3 February 24, 1987 It was moved by Davis, seconded by Ybarra, that the bids received for Traffic Pavement Striping, in accordance with Contract No. 480 be received and filed. Motion carried. Communication from L. A. Espinoza, Chief of Police dated February 2, 1987, was presented, requesting authority for Lt. L. W. Brown to attend a P.O.S.T. Special Seminar at Kellogg West Cal Poly Pomona; February l8, to 20, 1987. I It was moved by Davis, seconded by McCormick, that authority be granted for Lt. L.W. Brown to attend a P.O.S.T. Special Seminar at Kellogg West Cal Poly Pomona, February l8 to 20, 1987. Motion carried. Communication from L. A. Espinoza, Chief of Police dated February 2, 1987, was presented, requesting authority and funds for Sgt. Waxman to attend the l8th Annual Training Seminar for Homicide Investigators in San Jose, March 4, to 6, 1987, with an expense allowance of $332.60. It was moved by McCormick, seconded by Ybarra, that authority be granted to issue a warrant to Sgt. Waxman in the amount of $332.60 to attend the l8th Annual Training Seminar for Homicide Investigators in San Jose, March 4 to 6, 1987. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February l8, 1987, was presented, transmitting the minutes of Adjourned Regular Finance Committee meeting held February 9, 1987 for approval of recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the minutes of Adjourned Regular Finance Committee meeting held February 9, 1987, be approved as written and recommendations contained therein be adopted. Motion carried. Communication from Victor Vaits, Director of Community Services dated February l8, 1987, was presented, advising that the bids received and opened on February 17, 1987 in accordance with contract No. 477 have been reviewed and recommending that said contract be awarded to Macadee Electrical Construction, 1477l Cherry Circle, Chino Hills, California on the basis of their bid in the amount of $58,100. I RESOLUTION NO. 5370 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Macadee Electrical Construction for Traffic Signal Modernization, Santa Fe Avenue and 37th-38th Street, Santa Fe Avenue and Pacific Blvd., Jewel Avenue and 37th Street, Boyle-State Street and Randolph, in accordance with Contract No. 477 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Ybarra, seconded by McCormick, that the communication from Victor Vaits be received and filed and that Resolution No. 5370 be approved and adopted. Motion carried. Communication from Victor Vaits, Director of Community Services, dated February 18, 1987, was presented, advising that the bids received and opened on February l7, 1987 as per Contract No. 479 have been reviewed and recommending that said Contract be awarded to Blair Paving, Inc. 4226 E. La Palma, Anaheim, California 92807 on the basis of their bid in the amount of $222,677.22. RESOLUTION NO. 5371 - A Resolution of ~he City Council of the City of Vernon Accepting the Bid of Blair Paving, Inc., for District Boulevard Resurfacing, Specifications and Construction Plans, in Accordance with Contact No. 479 of the City of Vernon and Approving the Execution of Said Contract, was presented. 00143 I I City Council Minutes page 4 283070 February 24, 1987 It was moved by Gonzales, seconded by Davis, that the communication from Victor Vaits be received and filed and that Resolution No. 537l be approved and adopted. Motion carried. Communication from Victor Vaits, Director of Community Services, dated February l8, 1987, was presented, advising that the bids received and opened on February l7, 1987 as per Contract No. 480 have been reviewed and recommending that said Contract be awarded to Pacific Striping Inc., P.O. Box l69l Whittier, California 90609 on the basis of their bid in the amount of $23,279.42. RESOLUTION NO. 5372 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Pacific Striping Inc., for Traffic Pavement Striping - 1987 in Accordance with Contract No. 480 of the City of Vernon and Approving 'the Execution of Said Contract, was presented. It was moved by Gonzales, seconded by Ybarra, that the Communication from Victor Vaits be received and filed and Resolution No. 5372 be approved and adopted. Motion carried. Communication from Victor Vaits, Director of Community Services, dated February l8, 1987, requesting authority and funds for himself to attend the League of California Cities Public Works Officers' Institute in Monterey, California March 25 to 27, 1987, with an expense allowance of $649. It was moved by Gonzales, seconded by Ybarra, that authority be granted to issue Victor Vaits in the amount of $649 to attend the League of California Cities Public Works Officers' Institute in Monterey, California March 25 to 27, 1987. Motion carried. Communication from Victor Vaits, Director of Community Services, dated February 19, 1987, was presented, advising that Vertical Aeronautics, representatives of Smart & Final Iris (SFI) has submitted a report in conjunction with their application for a condi- tional use permit to construct a rooftop heliport at 4700 Boyle Avenue. The helipad will be used by SFI Corporation to transport company per- sonnel from the airport to the Vernon facility. It will be designated for private use only with an exception for use by local government for emergency police and fire operations. Flights will be on an as needed basis approximately 2 to 3 times a week. The facilities will be controlled by the F.A.A. Airport Land Use Commission and the Division of Aeronautics. It is hereby recommended that the City Council receive the report and based on the information provided approve a Notice of Intent to adopt a Negative Declaration in compliance with the California Environmental Quality Act, stating that the project will not have a significant effect on the environment. It was moved by Davis, seconded by Gonzales, that the aforementioned reports and documents be received and filed and the Notice of Intent to adopt a negative declaration for a conditional use permit to construct a rooftop heliport be approved. Motion carried. Communication from Lewis Adams, Director of Water and Power, dated February 19, 1987, was presented, transmitting for consid- eration fully executed Easements from Sunlaw Cogeneration Partners I for electrical utility purposes, for properties located at Alcoa and Vernon Avenue, and Fruitland and Downey Road, and recommending that the easements be accepted, the Certificates be accepted and the Mayor and City Clerk be authorized to execute same. It was moved by McCormick, seconded by Ybarra, that the aforementioned Easements be accepted and the Certificates of Acceptances be accepted and the Mayor and City Clerk be authorized to execute the same. Motion carried. 001434 I I 283071 City Council Minutes page 5 February 24, 1987 Communication from Bruce V. Malkenhorst, City Clerk, dated February 19, 1987, was presented, advising that an agreement with Computer Management Services Inc., and the City of Vernon was previously approved in conjunction with Resolution No. 5295. The contract has been reviewed and it is hereby recommended that a mod- ified agreement be approved which would allow the city greater latitude with the software. RESOLUTION NO. 5373 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Modified Agreement by and Between the City of Vernon and Computer Management Services, Inc., (CMSI) Providing for Information Management Services. was presented. It was moved by Gonzales, seconded by Ybarra, the communication from the City Clerk be received and filed and that Resolution No. 5373 be approved and adopted. Motion carried. Warrant Register No. 71l covering claims and demands pre- sented during the period of February 1 thru l5, 1987, which includes Demand Nos. ll72l thru 11972 (both inclusive) excluding Void Demand Nos. ll756 thru 1l759, ll874 and l1868, and excluding Light & Power Demands drawn on the First Interstate Bank totaling $542,679.5l (accounting period February 1987), was examined and audited. It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 7ll be approved and payment authorized for Nos. l1756 thru 1l759, l1874 and l1868, and excluding Light & Power Demands in the amount of $542,679.5l with no other exceptions. Motion carried. Warrant Register No. 7ll - covering claims and demands pre- sented during the period of February 1 thru l5, 1987, which includes Light & Power Demands as listed below in the amount of $586,497.92 (accounting period February 1987) was examined and audited: l1722 ll751 ll798 ll84l **ll960 ll943 l1742 ll752 **ll958 l185l ll908 ll945 ll743 ll753 ll8l9 ll856 ll923 ll956 l1745 ll754 1l82l ll864 ll924 **ll755 l1747 l1772 ll830 ll865 11932 **ll875 l1748 11773 ll83l 11869 ll933 11479 l1786 ll835 ll883 11939 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 71l be approved and payment authorized for Light & Power Demands Nos., as listed above, in the amount of $586,497.92 with no other exceptions. 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. 364 covering claims and Demands presented during the period of December 6 thru January l7, 1987, which includes Demand Nos. 4672 thru 470l (both inclusive) drawn on the First Interstate Bank totaling $l,ll9,459.84 (accounting period January 1987), was examined and audited. It was moved by McCormick, seconded by Davis, that Payroll Warrant Register No. 364, be approved and payment authorized for Demand Nos. 4672 thru 470l (both inclusive), in the amount of $1,ll9,459.84, with no exceptions. Motion carried. Communication from Fire Chief George Bass, dated January 29, 1987, was presented, requesting authority and funds for Battalion Chief Frank Claunch to attend the California Fire Chiefs' Association Northern/Southern Training Officers Seminar in Fresno, April 6, thru 10, 1987, with an expense allowance of $64l.90. 001435 I I 28307? City Council Minutes page 6 February 24, 1987 It was moved by Ybarra, seconded by McCormick, that authority be granted to issue a warrant to Frank Claunch in the amount of $64l.90 to attend the California Fire Chiefs' Association Northern/ Southern Training Officers Seminar in Fresno, April 6, thru lO, 1987. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 19, 1987, was presented, recommending approval of the Personnel actions listed on the Agenda for the Personnel Committee and submitted to the Personnel Committee during its regularly scheduled meeting. It was moved by Gonzales, seconded by Davis, that the Personnel's Committee's recommendations of February 23, 1987 be approved. Motion carried. It was moved by Ybarra, seconded by McCormick, that the City Council recess to Closed Session pursuant to Government Code Section 54957.6, the time being 6:02 P.M. Motion carried. All persons, with the exception of the City Clerk, and the City Attorney were excluded from Closed Session. 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 session, the time being 6:26 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Council go into closed session pursuant to Government Code Sections 54956.9(a) to confer with its attorney regarding pending litigation, the time being 6:28 p.m. Motion carried. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. All persons with the exception of the City Attorney and the City Clerk were excluded from Closed Session. Councilman Davis was excused from Closed Session the time being 6:28 p.m. Councilman Davis resumed his seat on the Council, the time being 7:05 p.m It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, Motion carried. The City Attorney indicated that Southern California Edison Company had filed its notice of election pursuant to Section lO of the Electric Consumer Protection Act of 1986 (October l6, 1986), with the Federal Energy Regulatory Commission in the Lee Vining Creek Project, FERC Project Nos. 7263/l388. He further indicated that Vernon had the right to elect to negotiate pursuant to said Act or to continue the competition under the new rules established by Congress. He recommended that the City Council file its notice of acceptance of the election by the Southern California Edison Company to participate in negotiations for competition pursuant to said Act. It was moved by Ybarra, seconded by Gonzales, that the City Attorney's recommendation be approved and that he be authorized to file a notice of acceptance with the Federal Energy Regulatory Commission. Motion carried. Councilman Davis abstained from voting on 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. 001436 I I .,~Q1a City Council Minutes page 7 February 24, 1987 The City Attorney recommended that the City of Vernon retain the services of the law firm of Miller, Balis, and O'Neil, P.C. located in Washington D.C. to assist the City in various FERC matters. It was moved by McCormick, seconded by Gonzales, that the City Attorney's recommendation be approved and the that the city engage the services of the law firm of Miller, Balis and O'neil, P.C. 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. There being no further business to come before the Council, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ATTEST: /f-- /~ Bruce V. Malkenhorst, City Clerk 00143