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19871117 Regular City Council Meeting - Minutes 1 I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 17, 1987, 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. It was moved by Ybarra, seconded by Gonzales, that the minutes of the meeting held November 3, 1987, be approved as written and adopted. Motion carried. Police Department Activity Log for the period November 1, thru 15, 1987, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Report for the period November 1 thru 15, 1987 be received and filed. Motion carried. Fire Department Activity Report for the period November 1 thru 15, 1987, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period November 1 thru 15, 1987, be received and filed. Motion carried. Health Department Report for the month of November, 1987. It was moved by Ybarra, seconded by Davis, that the Health Department Report for the month of November be deferred to the next meeting. Motion carried. At this time the Mayor asked if there was anyone in the audience who wished to address the Council on any matter listed on today's agenda. Representatives on behalf of American Private Power came before the Council regarding the upcoming public hearing which was scheduled for later this evening. They asked the Council to consider approving their Conditional Use Permit and to not delay it any further. They advised the Council it has been determined that they are exempt under State Law and Federal Law. At this time a Mr. Anthony Brent came before the Council to discuss the required new sewer line needed for their property located at 4724 & 4726 E. 26th Street. He advised the Council that this is an extremely costly expense for them and they wish to seek any other alternative possible and would work with the City Staff to try to arrive at a mutually acceptable solution. Communication from Anthony Brent, Managing General Partner of KBB Investments, dated October 30, 1987, was presented, with regard to new construction at 4724 and 4726 E. 26th,Street and the necessity of a new sewer line servicing the new buildings and the inordinate length of said line between property and hook up location and the cost they will incur for said installation. It was moved by McCormick, seconded by Davis, that this matter be referred to Community Services Department and that said communication be received and filed. Motion carried. 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 November 3, 1987, meeting). .. 1576 1 1 City Council Minutes page 2 November 17, 1978 The City Attorney advised that he had prepared a Legal Opinion which included a Legal Opinion from the City's Washington D.C. attorney, Mr. Arnold Fieldman, for the City Council in this matter and that a copy of same had been transmitted to the attorney for American Private Power. The City Attorney recommended to City Council that the Public Hearing be continued to the next City Council meeting. It was moved by Gonzales, seconded by Ybarra, that the Legal Opinion of City Attorney be received and filed. Motion carried. It was moved by McCormick, seconded by Davis, that the Public Hearing in the matter of the proposed construction and operation of a 120 KW Engine/Generator be continued to the next meeting. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 12, 1987, was presented, transmitting the Minutes of the Finance Committee Meeting held November 9, 1987, for your approval of recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the minutes of the Finance Committee Meeting held November 9, 1987, be approved as written and adopted. Motion carried. RESOLUTION NO. 5440 - A Resolution of The City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Health & Environmental Control Section of the City Administrator/City Clerk's Department Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 5440 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 12, 1987, was presented, recommending that the following personnel actions be approved as indicated: I Hire: Martha Parra hired as a full time regular employee as Secretary, Step 7, assigned to the City Administrator's office with a monthly salary of $1692 effective November 16, 1987, contingent upon her successful completion of a pre-employment physical. It was moved by Ybarra, seconded by Davis, that Martha Parra be hired as Secretary, Step 7, assigned to the City Admin- istrator's office effective November 16, 1987, with continued employment contingent upon her successful completion of a pre- employment physical. Motion carried. II Step Increases and Advancements: Police Officer Mark R. Chavez be advanced to Police Officer I, Step 3, with a new monthly salary of $2101 effective November 11, 1987, based on his recent graduation from Rio Police Hondo Academy and in accordance with Section 2.5 of the MOU dated August 31, 1986. It was moved by McCormick, seconded by Davis, that Officer Mark R. Chavez be advanced to Police Officer I, Step 3, effective November II, 1987. Motion carried. Police Officer Charles Mottern be advanced to Police Officer I, Step 3, with a new monthly salary of $2101 effective November 9, 1987, based on his recent grad- 9 1577 1 I City Council Minutes page 3 November 17, 1987 uation from the San Diego Law Enforcement Academy and in accordance with Section 2.5 of the MOU dated August 31, 1986. It was moved by Ybarra, seconded by Davis, that Officer Charles Mottern be advanced to Police Officer I, Step 3, effective November 8, 1987. Motion carried. III Reimbursement: Officers Randolph Phillips and James Williams be reimbursed $178.39 and $186.35, respectively, which is half the purchase price of their body armor and in accordance with Section 11.1 of the MOU dated August 31, 1986. It was moved by Gonzales, seconded by Davis, that Officers Randolph Phillips and James Williams be reimbursed $178.39 and $186.35, respectively. Motion carried. IV Termination: Officer Victor F. Durqndette be separated from employment effective November 10, 1987, at the end of his shift, based on his failure to pass the background process. It was moved by Ybarra, seconded by Davis, that Officer Victor Durandette be separated from employment effective November 10, 1987. Motion carried. V Reclassifications: Fire Engineer James Smith be advanced and reclas- sified to Acting Captain, Step 3, with a new monthly salary of $3860 (which includes 10% longevity pay) effective November 15, 1987. This is to fill the vacant position of Captain Logan D. Clark who is presently off IOD. It was moved by McCormick, seconded by Davis, that Fire Engineer James Smith be advanced and reclassified to Acting Cap- tain Step 3, with a new monthly salary of $3860 (which includes 10% longevity pay) effective November IS, 1987. Motion carried. RESOLUTION NO. 5441 - A Resolution of the City Council of the City ,of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon ("Vernon") and the Southern California Edison Company ("Edison") providing for the Purchase of Replacement Capacity by Vernon From Edison for the City Capacity Resources Integrated by Vernon (Entitle- ments in Palo Verde Units I, 2, and 3), was presented. It was moved by Gonzales, seconded by Ybarra, that reso- lution No. 5441 be approved and adopted. 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. Motion carried. RESOLUTION NO. 5442 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. 1 to the California--Oregon Transmission Project Agreement Among the Cities of Anaheim, Azusa, Banning, Colton, Riverside, and Vernon Providing for Clarification of Certain Sections Within the Transmission Project Agreement, was presented. -- 1578 1 1 City Council Minutes page 4 November 17, 1987 It was moved by McCormick, seconded by Gonzales, that Resolution No. 5442 be approved and adopted. Motion carried. RESOLUTION NO. 5443 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of the Twenty-Seventh Addendum to the Western Systems Coordinating Council Agreement Providing for Membership in Said Coordinating Council, was presented. It moved by Ybarra, seconded by Davis, that Resolution No. 5443 be approved and adopted. Motion carried. RESOLUTION NO. 5444 - A Resolution of the City Council of the City of Vernon Amending Section II, Subsection (e), of Resolution No. 5405 Which Fixed The Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances, was presented. It was moved by Gonzales, seconded Davis, that Resolution No. 5444 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 12, 1987, recommending that the proposal from Development & Management Services for their preparation of a Warehouse Market Analysis be accepted and that the Mayor and City Clerk be authorized to execute same on behalf of the City. It was moved by Ybarra, seconded by McCormick, that the proposal from Development & Management Services for the prepar- ation of a Warehouse Market Analysis be accepted and that said communication be received and filed. Motion carried. RESOLUTION No. 5445 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of An Agreement By and Between the City of Vernon and Development & Management Services for the Preparation of a Warehouse Market Analysis, was presented. It was moved by Gonzales, seconded by-Davis, that Reso lution No. 5445 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 12, 1987, was presented, advising that Roadway Package System, Inc., has submitted a completed application for a Conditional Use Permit to operate a truck terminal in an expanded facility at 2600 28th Street. It is hereby recommended to the Council to receive the application and supporting documents, and on the basis of 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 Gonzales, seconded by Ybarra, that the application and supporting documents for a Conditional Use Permit to operate a truck terminal at 2600 28th Street be received and filed, and that a Notice of Intent to Adopt a Negative Declaration be approved; and that a Public Hearing in said matter be set for December 1, 1987 at or about 5:00 p.m. Motion carried. Warrant Register No. 729 covering claims and demands presented during the period November 1 thru 15, 1987, which includes Demand Nos. 15036 thru 15266 (inclusive) excluding void Demand Nos. as listed below, excluding Light & Power Demands drawn on First Interstate Bank totaling $306,103.13 (accounting period November, 1987), was examined and audited: 15051 15063 15065 15066 15067 15068 15069 15070 15071 15211 . 1579 1 I City Council Minutes page 5 November 17, 1987 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 729 be approved and payment authorized for Demand Nos. 15036 thru 15266 (inclusive) excluding void Demand Nos. as listed above excluding Light & Power Demands drawn on the First Interstate Bank totaling $306,103.13, with no other exceptions. Motion carried. Warrant Register No. 729 covering claims and demands presented during the period November 1 thru 15,1987, which includes Light & Power Demand Nos., as listed below, drawn on the First Interstate Bank totaling $4,910,786.56 (accounting period November 1987), was examined and audited: 15036 15037 15038 15039 15040 15052 15061 15062 15087 15090 15091 15121 15129 15133 15145 15160 15179 15181 15184 15190 15200 15210 15212 15214 15216 15219 15228 15230 15232 15236 15238 15240 15241 15245 15258 15265 It was moved by Ybarra, seconded by McCormick, that payment be authorized for Light & Power Demand Nos. as listed above in the amount of $4,910,786.56 (with no other exceptions). 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. Motion carried. Payroll Warrant Register No. 373 covering claims and demands presented during the period of September 13 thru October 10, 1987, which includes Demand Nos. 4885 thru 4909 (inclusive) drawn on the First Interstate Bank totaling $863,602.58 (accounting Period October 1987). It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 373 be approved and payment authorized for Demand Nos. 4885 thru 4909 (inclusive) in the amount of $863,602.58 drawn on First Interstate Bank. Motion carried. It was moved by Ybarra, seconded by McCormick, that the City Council recess to Closed Session pursuant to Government Code Section 54957, the time being 6:20 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 Council go out of Closed Session, the time being 7:07 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council recess to Closed Session pursuant to Government Code Section 54956.9(a), (b) (1), the time being 7:08 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 City Council go out of Closed Session, the time being 7:32 p.m. Motion carried. . 1580 1 1 City Council Minutes page 6 November 17, 1987 It was moved by Gonzales, seconded by Davis, that the Claim from the law offices of Barry Gruman on behalf of Blanca Sorto and Maria Bonilla arising from an accident occurring on Soto Street south of 26th Street on October I, 1987 be denied. Motion carried. There being no further business to come before the Council it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. ATTEST: ,< '''\ ~~A!~< L~onis C. Malb rg, Mayo ..{/d~ Bruce V. Malkenhorst City Clerk /;::/. J /~ ;V . >1:. 1581