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19880705 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY JULY 5, 1988, AT 5:00 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 Mayor Malburg called the meeting to order. I It was moved by Ybarra, seconded by Gonzales, that the minutes of the June 30, 1988 City Council meeting be deferred to the next City Council meeting. Motion carried. Presentation of Service Pin to the following employee: Lt. Don Green 15 Years The Chief of Police accepted the 15 year service pin from the Mayor on behalf of Lt. Don Green who was unable to attend the meeting. RESOLUTION NO. 5536 - A Resolution of the City Council of the City of Vernon Commending Joe Stout for His Many Years of Service to the City of Vernon, was presented. The City Clerk read Resolution No. 5536 in its entirety and it was moved by Ybarra, seconded by McCormick, that Resolution No. 5536 be approved and adopted. Motion carried. Mayor Malburg presented Resolution No. 5536 to Fire Engineer Joe Stout and congratulated him on his many years of service and wished him well during his future retirement years. At this time the Mayor declared a short recess, the time being 5:10 p.m. During the recess there was a ceremonial unveiling by the Council of an enlarged bronze replica of the city seal which was mounted on the outside wall of the city hall facility facing Santa Fe Avenue. The council reconvened in regular session all members present before the recess again being present, the time being 5:25 p.m. Pdlice Department Activity Log for the period June 16 thru 30, 1988, was presented. I It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period June 16 thru 30, 1988 be received and filed. Motion carried. Fire Department Activity Report for the period June 16 thru 30, 1988, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity report for the period June 16, thru 30, 1988, be received and filed. Motion carried. At this time the Mayor asked if there was anyone in the audience who wished to address the Council regarding any matters listed on today's agenda other than any public hearings. time. No one in the audience wished to address the Council at this 1726 City Council Minutes Page 2 July 5, 1988 At this time it was moved by Gonzales, seconded by Ybarra, to open the Public Hearing to consider an application from American Way Transport for a Conditional Use Permit for a truck terminal at 4520 Maywood Avenue, (continued from June 21, 1988 City Council meeting), the time being 5:25 p.m. Victor Vaits advised the Council that attempts have been made by certified mail (return receipt requested) to contact the applicant for further information with regard to this matter with no response to date. I Mr. Parker owner of the property addressed the Council on this matter. Mr. Vaits recommends at this time that this public hearing be deemed abandoned. It was moved by Davis, seconded by McCormick that the public hearing be closed and that no further action be taken on this appli- cation for a conditional use permit for a truck terminal and that it is hereby deemed abandoned. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated June 20, 1988, was presented, advising that our Traffic Signal Maintenance Agreement with Signal Maintenance, Inc., expires on August 31, 1988. The contract provides for extension by mutual agreement under Section 16 of the Special Provisions, and under Section 12 of the Special provisions they are eligible for a 3.3% increase which they are requesting. It is hereby recommended that the contract for Traffic Signal Maintenance be extended to August 31, 1989 and that Signal Maintenance, Inc. be granted a 3.3% increase. It was moved by Gonzales, seconded by Davis, that the Agreement for Traffic Signal Maintenance with Signal Maintenance, Inc., be extended to August 31,1989 and that a 3.3% increase for said company be granted. Motion carried. . Communication from Lewis Adams, Director of Water & Power Departments, dated June 22, 1988, was presented, recommending that authority be granted to purchase 9 control Panels from Control Technologies at a cost of $119,650.00. The controls are needed for the well sites which are going to be modified and put on the Super- visory Control and Data Acquisition System (SCADA). A survey of other manufacturers, prices and deliveries has been made and with time being of the essence Control Technologies meet our requirements best. I It was moved by McCormick, seconded by Ybarra, that authority be granted to purchase 9 Control Panels from Control Technologies at an approximate cost of $119,650.00. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 30, 1988, recommending that the following personnel actions be approved as indicated: It was moved by McCormick, seconded by Ybarra, that the fol- lowing recommendations for hiring, merit steps, advancements and/or reclassifications be adjusted where appropriate to recognize the adoption of Salary Resolution No. 5531 on June 30, 1988. Motion carried. I HIRE David Patrick McCall for the position of Police Officer, Step 6, (Academy Cadet) with a monthly salary of $2216 effective June 21, 1988, and that the 36 month Employment Agreement for the position of Police Officer be accepted and ratified effective June 21, 1988. Continued employment is based on Mr. McCall's successful completion of the background process. 1727 City Council Minutes Page 3 July 5, 1988 It was moved by Ybarra, seconded by Gonzales, that David P. McCall be hired as Police Officer, Step 6 with a monthly salary of $2216 effective June 21, 1988, and that the executed 36 month Employment Agreement for said position be accepted and ratified, with continued employment contingent upon his satisfactory completion of the background process. Motion carried. I David Alvarez, a temporary employee assigned to the City Clerk/Finance Department, as a regular full time employee classified as Utility Clerk, Step 7 with a monthly salary of $1306 effective July 5, 1988. Continued employment is contingent upon satisfactory completion of a pre-employment physical. It was moved by Davis, seconded by McCormick, that David Alvarez be hired as Utility Clerk, Step 7, with a monthly salary of $1371 effective July 5, 1988, with continued employment contingent upon his satisfactory completion of a pre-employment physical. Motion carried. Socorro Mendoza as a temporary employee assigned to the Health Department with an hourly wage of $5.25 effective June 30, 1988. It was moved by Gonzales, seconded by Ybarra, that Socorro Mendoza be hired as a temporary employee with an hourly wage of $5.25, effective June 30, 1988. Motion carried. John Long Fisher for the position of Police Officer, Step 6, (Academy Cadet) with a monthly salary of $2216 effective June 30, 1988. Mr. Fisher's continued employment will be contingent upon the signing of a 36 month employment agreement and successful completion of the background process. It was moved by McCormick, seconded by Davis, that John L. Fisher be hired as Police Officer Step 6 with a monthly salary of $2216 effective June 30, 1988 with continued employment contingent upon his signing a 36 month employment agreement and successful completion of the background process. Motion carried. II REIMBURSEMENT Lt. James Mason be reimbursed $297.87 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at California State University - Long Beach related to his position with the City. It was moved by Ybarra, seconded by Gonzales, that Lt. Mason be reimbursed $297.87 from the Education and Training Appropriation Account. Motion carried. I Elizabeth Sawickis, Police Department Records Manager, be reimbursed $28.00 from the Education and Training Appropriation Account for her satisfactory completion of courses taken at Cerritos Community College related to her position with the City. It was moved by McCormick, seconded by Davis, that Elizabeth Sawickis be reimbursed $28.00 from the Education and Training Appro- priation Account. Motion carried. III ADVANCE AND/OR RECLASSIFY Randy Bohlander, Firefighter, Step 1, be advanced and reclassified to Fire Engineer, Step 3, with a new monthly salary of $3387 (which includes 15% longevity pay) effective July 3, 1988, based on his satisfactory completion of the Engineer's examination. It was moved by Ybarra, seconded by Gonzales, that Randy Bohlander be advanced and reclassified to Fire Engineer, Step 3, with a new monthly salary of $3557 (which includes 15% longevity pay) effective July 3, 1988. Motion carried. 1728 City Council Minutes Page 4 July 5, 1988 Wenceslao Reynoso, Engineering Aide III, Step 4 in the Community Services Department, be advanced and reclassified to Engineering Aide II, Step 6, with a new monthly salary of $2099 effective July 3, 1988, based on his meritorious job performance and increased job responsibilities. It was moved by Gonzales, seconded by Davis, that Weces1ao "Pepe" Reynoso be advanced and reclassified to Engineering Aide II, Step 6, with a new monthly salary of $2204 effective July 3, 1988. Motion carried. I Vincent Rodriguez, Engineering Aide III, Step 3 in the Com- munity Services Department, be advanced and reclassified to Engine- ering Aide II, Step 5, with a new monthly salary of $2214 effective July 3, 1988, based on his meritorious job performance and increased job responsibilities. It was moved by McCormick, seconded by Ybarra, that Vincent Rodriguez be advanced and reclassified to Engineering II, Step 5, with a new monthly salary of $2325 effective July 3, 1988. Motion carried. Bill Wilson, Engineering Aide III, Step 4 in the Community Services Department, be advanced and reclassified to Engineering Aide II, Step 5, with a new monthly salary of $2214 effective July 3, 1988, based on his meritorious job performance and increased job responsibilities. It was moved by Ybarra, seconded by Davis, that Bill Wilson be advanced and reclassified to Engineering Aide II, Step 5, with a new monthly salary of $2325 effective July 3, 1988. Motion carried. IV MERIT STEP INCREASES BASED ON SATISFACTORY JOB PERFORMANCE DURING PAST YEAR Elizabeth Sawickis, Records Manager, Step 4 in the Police Department, be granted a merit step increase to Records Manager, Step 3 with a new monthly salary of $3500 (which includes 10% longevity pay) effective July 17, 1988. It was moved by Davis, seconded by Gonzales, that Elizabeth Sawickis be granted a merit step increase to Records Manager Step 3 with a new monthly salary of $3675 (which includes 10% longevity pay) effective July 17, 1988. Motion carried. V MISCELLANEOUS I Fire Engineer R. L. Smith not be held chargeable for his on duty accident occurring on April 16, 1988, based on the findings of the Accident Investigation Committee. It was moved by McCormick, seconded by Gonzales, that Fire Engineer R. L. Smith not be held chargeable for his on duty accident occurring on April 16, 1988. Motion carried. Warrant Register No. 744 covering claims and demands pre- sented during the period of June 16 thru 30, 1988, which includes Demand Nos. 18040 thru 18195 (inclusive) excluding void Demand Nos. as listed below, and excluding Light & Power Demands; drawn on the First Interstate Bank totaling $108,196.75 (accounting period June paid in July 1988), was examined and audited. 18059 18060 18061 18062 18063 18064 18065 18066 18067 18068 18069 18070 18071 18072 18190 18191 18192 18193 18194 18195 1729 City Council Minutes Page 5 July 5, 1988 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 744 be approved and payment authorized for Demand Nos. 18040 thru 18195 (inclusive) totaling $108,196.75 (excluding Light & Power Demands, and Void Demands as listed above). Motion carried. I Warrant Register No. 744 covering claims and demands presented during the period of June 16 thru 30, 1988, which includes Light & Power Demands as listed below drawn on the first Interstate Bank totaling $605,065.33 (accounting period June paid in July 1988), was examined and audited. 18042 18049 18057 18058 18074 18077 18084 18089 18096 18099 18101 18104 18106 18119 18120 18123 18137 18143 18151 18159 18165 18166 18175 18178 18180 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 744 be approved and payment authorized for Light & Power Demands as listed above totaling $605,065.33. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Warrant Register No. 744 covering claims and demands pre- sented during the period of June 16, thru 30, 1988, which includes Demand Nos. 18196 thru 18200 (inclusive), drawn on the First Inter- state bank totaling $185,207.17 (accounting period July 1988), was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 744 be approved and payment authorized for Demand Nos. 18196 thru 18200 (inclusive). Motion carried. Payroll Warrant Register No. 318 covering claims and demands presented during the period of May 8 thru June 18, 1988, which includes Demand Nos. 5076 thru 5108 (both inclusive) drawn on the First Interstate totaling $1,338,184.39 (accounting period June 1988), was examined and audited. It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 318 be approved and payment authorized for Demand Nos. 5076 thru 5108 (inclusive) in the amount of $1,338,184.39. Motion carried. I Consideration of an untimely claim received from Cassidy, Warner, Brown, Combs & Thurber on behalf of Rory Electric. It was moved by Ybarra, seconded by Davis, that this matter be deferred to closed session later this date. Motion carried. RESOLUTION NO. 5535 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Contractual Services By and Between the City of Vernon and Edward A. Cooney, DBA EAC Associates, Providing for Municipal Management Services, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5535 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 30, 1988, was presented, advising we are in receipt of a tentative parcel map for the property located south of Slauson Avenue, north of Randolph, west of the Union Pacific right-of-way and east of the LADWP right of way. 1730 I I City Council Minutes Page 6 July 5, 1988 This information has been reviewed by the Director of Community Services and it is hereby recommended that the map and supporting documents be received 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. It was moved by Gonzales, seconded by McCormick, that the tentative parcel map for the aforementioned property and supporting documents be received and filed, and based on the supporting infor- mation a Notice of Intent to adopt a negative declaration be approved stating that the project will not have a significant effect on the environment, in compliance with the California Environmental Quality Act. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Council recess to closed session to meet with its attorney regarding pending litigation pursuant to Government Code Sections 54956.9(a) and 54956.9(b)(1) the time being 6:00 p.m. Motion carried. All persons with the exception of the City Clerk, the City Attorney and the Director of Community Services were excluded from Closed Session. The Mayor ordered all communications to and from closed session deemed privileged and confidential. Victor Vaits was excused from closed session, the time being 7:05 p.m. Councilman Davis was excused from Closed Session, the time being 7:10 p.m. Councilman Davis resumed his seat on the Council, the time being 7:20 p.m. It was moved by Ybarra, seconded by MCCormick, that the Council go out of Closed Session and resume regular session the time being 7:21 p.m. Motion carried It was moved by MCCormick, seconded by Ybarra, that the untimely claim of Rory Electric be returned to Cassidy, Warner, Brown, Combs, & Thurber because it was untimely filed. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Partial Settlement Agreement in FERC Docket No. ER88-083 between Southern California Edison Company and Vernon be approved and the Mayor authorized to execute said Agreement. Motion carried. Councilman Davis abstained from voting on the above motion and dis- qualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. The City Administrator advised the Council that he had received a letter from the City Attorney dated July 5, 1988, indicating the following: 1) that pursuant to Section 4.1 of th Power Sale Agreement No. 2 (1989-90) approved on March 15, 1988, between the Department of Water Resources of the State of California (DWR) and the City of Vernon, said Agreement would only become effective if Vernon provided written notice to DWR on or before July IS, 1988; 1731 City Council Minutes Page 7 July 5, 1988 2) that Vernon may take delivery of firm capacity and energy pursuant to this Agreement under a transmission service agreement between Vernon and Southern California Edison Company and if Vernon does not provide such notice, DWR at its sole discretion, may extend additional time to provide such notice or may cancel the Agreement; I 3) that he had been negotiating with Edison for a firm transmission service agreement prior to July 15, 1988, in order to implement Vernon's agreement with DWR and that he believed Edison had made a firm commitment that it will supply the firm transmission service to Vernon in order to transmit the capacity being acquired from DWR; and 4) that since the City Council will not meet again until after July 15, the Council is requested to authorize the City Administrator to provide notice to DWR that Vernon intends to purchase the capacity and energy provided for in the firm capacity agreement. The City Administrator explained that as this was a matter that carne to his attention after the posting of the agenda, that the Council would need to approve the placement of this matter on the agenda as an emergency item as it is necessary for the City to take action to preserve Vernon's rights to purchase capacity and energy from DWR in accordance with Vernon's Power Sale Agreement No.2. The City Attorney advised that the need to take action arose after the Agenda was posted in accordance with Government Code Section 54954.2(b)(1) and (2) and further advised of the necessity of the City Council approving by a two-thirds majority the addition of this item to the Agenda. It was moved by Gonzales, seconded by Ybarra, that consid- eration of the July 5, 1988 letter from the City Attorney is placed on the Agenda. Motion approved by four votes and one abstention. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. The City Attorney recommended that the City Council authorize the City Administrator to notify DWR that Vernon intends to purchase the capacity provided for in the firm capacity agreement before the July 15, 1988 deadline. I It was moved by McCormick, seconded by Gonzales, that the City Administrator is authorized to provide notice to DWR that Vernon intends to purchase the capacity provided for in the Power Sale Agreement No.2 (1989-90) prior to the July 15, 1988 deadline. Motion carried. There being no further business to corne before the Council, it was moved by Gonzales, seconded by McCormick, that the meeting adjourn. Motion carried. ATTEST: ~:-/~1)' yor ~ /;/~~ Bruce V. Malkenhorst City Clerk 1732