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19900821 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 21, 1990 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, McCormick, Davis, Gonzales MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by McCormick, seconded by Ybarra, that the minutes of the City Council Meeting held August 7, 1990, be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period August 1 thru 15, 1990, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period August 1 thru 15, 1990, be received and filed. Motion carried. Fire Department Activity Report for the period August 1 thru 15, 1990, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period August 1 thru 15, 1990, be received and filed. Motion carried. Health Department Report for the month of July, 1990, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of July, 1990, be received and filed. Motion carried. Risk Management Report for the month of July, 1990, was presented. It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of July, 1990, be received and filed. Motion carried. At this time the Mayor asked if there was anyone in the audience who wished to address the City Council on any matters listed on the agenda other than with regard to any Public Hearing that may be listed. There was no one present in the audience who wished to address the City Council on any matter listed on the agenda. Communication from Bruce V. Malkenhorst, City Clerk, dated July 11, 1990, was presented, transmitting a Workers' Compensation Self-Insurance Agreement from Colen & Lee, the City's third party workers' compensation administrators. This agreement reflects an 11% increase for service to $1788 per month for Fiscal Year 1990-91. This has been reviewed by our Risk Manager and the city Attorney and it is hereby recommended that said Service Agreement be approved and that the Mayor and the City Clerk be authorized to execute same. (Deferred from the City Council Meeting held August 7, 1990.) It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk, dated July 11, 1990, with regard to a Workers' Compensation Self-Insurance Agreement with Colen and Lee be received and filed and his recommendation be approved. Motion carried. 4031 I I City Council Minutes page 2 August 21, 1990 RESOLUTION NO. 5791 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Workers' Compensation Self-Insurance Service Agreement By and Between the City of Vernon and Colen & Lee, Inc. Providing for the Administration of a Workers' Compensation Self-Insurance Program, was presented. (Deferred from the City Council Meeting held August 7, 1990.) It was moved by McCormick, seconded by Gonzales, that Resolution No. 5791 be approved and adopted. Motion carried. RESOLUTION NO. 5802 - A Resolution of the City Council of the City of Vernon Determining the Industrial Disability Retirement of William o. Manolovits, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21024 and 21025), was presented. (Deferred from the City Council Meeting held August 7, 1990.) It was moved by McCormick, seconded by Davis, that Resolution No. 5802 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 2, 1990, was presented, transmitting Public Improvement Agreement No. 12 for the improvement of Jewel Avenue between 37th Street and Vernon Avenue, to public street standards. The work includes street reconstruction, signal, storm drain, and water main work, and railroad signal and track work. All work will be paid for by adjacent landowners and deeds will be granted to the City for the dedication of the private street. This has been reviewed by the Director of Community Services and the.City Attorney, and it is hereby recommended that said Agreement be approved and the Mayor and the City Clerk be authorized to execute same. (Deferred from the City Council Meeting held August 7, 1990.) RESOLUTION NO. 5804 - A Resolution of the City council of the City of Vernon Approving and Authorizing the Execution of Public Improvement Agreement No. 12 By and Between the City of Vernon and the Owners of a Private Street Known as Jewel Avenue. (Deferred from the City Council Meeting held August 7, 1991.) It was moved by Ybarra, seconded by McCormick, that the matter of Public Improvement Agreement No. 12 be deferred to the next City Council Meeting to be held September 4, 1990. Motion carried. Consideration of a Power and Energy Sale Agreement between Utah Associated Municipal Power Systems (UAMPS) and the City of Vernon to provide for the purchase and sale of up to 17 megawatts of surplus power and energy from December 31, 1990 through December 31, 1991. It is anticipated that staff will recommend the approval of said Agreement and request the adoption of a resolution. (Deferred from the City Council Meeting held August 7, 1990.) RESOLUTION NO. 5808 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Power and Energy Sale Agreement By and Between The City of Vernon and Utah Associated Municipal Power Systems (UAMPS). It was moved by Gonzales, seconded by Davis, that the matter of a Power and Energy Sale Agreement with Utah Associated Municipal Power Systems be deferred to the next City Council Meeting to be held September 4, 1990. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated August 16, 1990, was presented, transmitting the Minutes of the Finance Committee Meeting held August 13, 1990, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the Minutes of the Finance Committee Meeting held August 13, 1990, be approved as submitted. Motion carried. 4038 I I City Council Minutes page 3 August 21, 1990 The Mayor announced that he was appointing himself to serve on the Finance Committee and that he was terminating Councilman Davis's assignment to said committee, and extended his personal gratitude for the excellent job Councilman Davis had performed while he was absent. It was moved by Gonzales, seconded by Davis, that Mayor Leonis C. Malburg's appointment of himself to membership on the Finance Committee effective with the next Finance Committee Meeting be approved. Motion carried. RESOLUTION NO. 5806 - A Resolution of the City Council of the City of Vernon Amending Exhibit "A", Schedule II, Pages 7, 14 and 17 of Resolution No. 5780, Which Fixed the Compensation for certain Employees of Said City and Authorized certain Expense Allowances, was presented. (Deferred from the City Council Meeting held August 7, 1990. ) It was moved by MCCormick, seconded by Ybarra, that Resolution No. 5806 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 16, 1990, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held August 20, 1990, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations listed on the Agenda for the Personnel Committee Meeting held August 20, 1990, be approved as submitted with the exception of the matter of the Associate Resource Planner which was referred back to Kenneth DeDario, Director of Light and Power. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 21, 1990, was presented, advising that a Lot Line Adjustment between the Aluminum Company of America and the Bradley S. Cohen Family Trust was approved at the June 5, 1990 City Council Meeting, and Resolution No. 5755 authorizing this was also approved. The Director of Community Services has advised that the legal descriptions submitted at that meeting contained errors and has submitted for your approval the following corrected pages to be inserted in Resolution No. 5755: Exhibit "A" - Pages 1, 2 and 3 Exhibit "B" - Pages 1, 2, 3 and 4 It was moved by~McCormick, seconded by Gonzales, that the communication from the City Clerk, dated August 21, 1990, with regard to a Lot Line Adjustment between the Aluminum Company of America and the Bradley S. Cohen Family Trust be received and filed and that the following resolution be approved. Motion carried. RESOLUTION NO. 5812 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 5755 to Correct Exhibits "A" and "B", Which Provided the Legal Descriptions of the "Lot Line Adjustment" Requested by Aluminum Company of America and the Bradley S. Cohen Family Trust, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5812 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 16, 1990, was presented, advising that the City's contract with united of Omaha for administration of Medical/Dental Benefits and Life and Accidental Death & Dismemberment Insurance expires September 1, 1990. All services remain the same and the following reflects the change (where applicable) in the fee structure: 4039 I I City Council Minutes page 4 August 21, 1990 1989-90 1990-91 Agg. S/L Spec. S/L Aso Fees UMA Fee MPP Life & ADD 1. 72/emp. 18.75 8.99% 1.25 .35 - no change in 1. 72/emp 23.50 10.42% 1.25 .35 fee schedule This has been reviewed by the Risk Manager and it is hereby recommended that authority be granted to renew the contract with united of Omaha (pending final negotiations) for 1990-91 for life insurance and medical/dental administration services with the proposed fee increases. It was moved by Gonzales, seconded by Mccormick, that the communication from the City Clerk, dated August 16, 1990, with regard to the Administrative services Contract with United of Omaha be received and filed and his recommendation to renew the contract (pending final negotiations) be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 20, 1990, was presented, advising that the Risk Manager has notified us that the Master stop Loss Policy with United of Omaha will expire on August 31, 1990 and recommending that the contract be renewed, pending final negotiations, effective September 1, 1990. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk, dated August 20, 1990, with regard to the Master stop Loss POlicy with United of Omaha be received and filed and his recommendation to renew the contract (pending final negotiations) be approved. Motion carried. RESOLUTION NO. 5813 - A Resolution of the City Council of the City of Vernon Declaring its Intention to Renew the Master stop Loss Policy and Administrative Services Agreement By and Between the City of Vernon and United of Omaha Life Insurance Company (OMAHA), was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5813 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated August 16, 1990, was presented, advising that Tissurama Industries, Inc. has requested permission to place, use and maintain one telephone line over Sierra Pine Avenue and has deposited with the City $1,411.96 for the issuance fee and first annual renewal fee. This has been reviewed by the Director of Community services and the City Attorney, and it is hereby recommended that Encroachment License Agreement No. 370 be approved and authority granted for the Mayor and City Clerk to execute same. It was moved by Ybarra, seconded by Davis, that Encroachment License Agreement No. 370 be approved and that the Mayor and City Clerk be authorized to execute same. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated August 9, 1990, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra and Councilmen William McCormick, Larry Gonzales and William Davis to attend the National League of Cities Conference in Houston, Texas, November 30 to December 5, 1990, with an expense allowance of $1225 each. It was moved by McCormick, seconded by Davis, that authority be granted for the aforementioned City officials to attend the National League of cities Conference in Houston, Texas, November 30 to December 5, 1990, with an expense allowance of $1225 each. Motion carried. 4040 I I City Council Minutes page 5 August 21, 1990 Communication from Bruce V. Malkenhorst, City Clerk, dated June 22, 1990, was presented, requesting authority and funds for Gerald Forde, Assistant to the City Administrator, to attend the California Redevelopment Association's Introduction to Redevelopment in Long Beach, Friday September 21, 1990, with an expense allowance of $195.00. It was moved by Ybarra, seconded by Gonzales, that authority be granted to issue warrant to Gerald Forde in the amount of $195.00 for his attendance at the California Redevelopment Association's Introduction to Redevelopment in Long Beach, Friday, September 21, 1990. Motion carried. Communication from Louis S. Rosenkrantz, Police Chief, dated August 14, 1990, was presented, requesting authority and funds to attend the League of California cities - Handling Disciplinary Actions Workshop in Ontario, september 12, 1990, with an expense allowance of $103.00. It was moved by Gonzales, seconded by Ybarra, that authority be granted to issue warrant to Louis S. Rosenkrantz in the amount of $103.00 for his attendance at the League of California cities - Handling Disciplinary Actions Workshop in Ontario, September 12, 1990. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated August 16, 1990, was presented, requesting authority and funds for Jorge Somoano, Power Resource Planner, to attend the Carbonate Fuel Cell Workshop sponsored by the Fuel Cell Commercialization Group (FCCG) in Dallas, Texas, September 8 thru 12, 1990, with an expense allowance of $1061.75. It was moved by McCormick, seconded by Ybarra, that authority be granted to issue warrant to Jorge Somoano in the amount of $1061.75 for his attendance at the Carbonate Fuel Cell Workshop in Dallas, Texas, September 8 thru 12, 1990. Motion carried. Communication from Victor Vaits, Director of Community Services, dated August 16, 1990, was presented, requesting authority and funds for George Burgess, civil Engineering Associate, to attend the Underground Storage Tank Installation Workshop in ontario, September 17 and 18, 1990, with an expense allowance of $137.26. It was moved by Davis, seconded by Ybarra, that authority be granted to issue warrant to George Burgess in the amount of $137.26 for his attendance at the Underground Storage Tank Installation Workshop in ontario, September 17 and 18, 1990. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated August 16, 1990, was presented, submitting for approval a License Agreement for the installation and maintenance of a remote radio receiver at Sequoia Park in Monterey Park. Placement of this remote receiver is required for emergency communications. This has been reviewed by the Chief of Police and the City Attorney, and it is hereby recommended that this Agreement be approved and that the Mayor and City Clerk be authorized to execute same. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk, dated August 16, 1990, with regard to a License Agreement for a remote radio receiver at Sequoia Park in Monterey Park be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 5810 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a License Agreement By and Between the City of Vernon and the City of Monterey Park Providing for the Installation and Maintenance of a Remote Radio Receiver at Sequoia Park in the City of Monterey Park, was presented. 4041 I I City Council Minutes page 6 August 21, 1990 It was moved by Ybarra, seconded by McCormick, that Resolution No. 5810 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 16, 1990, was presented, recommending that city owned property on Packers Avenue be declared surplus property and that an Agreement for the sale of said property to Myron Roberts at a cost of $372,532.50 be approved and the Mayor and City Clerk be authorized to execute same. victor Vaits, Director of Community Services, briefly addressed the City Council on this matter and recommended that this matter be deferred to the next City Council Meeting to be held September 4, 1990. Motion carried. RESOLUTION NO. 5811 - A Resolution of the City Council of the City of Vernon (1) Declaring a certain Portion of Packers Avenue Owned by the City of Vernon as Surplus Property; and (2) Approving and Authorizing the Execution of a Sale of Real Property Agreement By and Between the City of Vernon and Myron Roberts Providing for the Sale of Said Surplus Real Property. It was moved by Ybarra, seconded by Davis, that the matter of City property on Packers Avenue be deferred to the next City Council Meeting to be held September 4, 1990. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 20, 1990, was presented, transmitting the City Investment Policy for review and recommending that said policy be approved and the following resolution adopted. It was moved by Gonzales, seconded by Ybarra, to approve the City Investment Policy and adopt the following resolution. Motion carried. RESOLUTION NO. 5814 - A Resolution of the City Council of the City of Vernon Approving the City Investment POlicy, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5814 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 16, 1990, was presented, advising that due to the Light and Power Personnel moving to the third floor within the next thirty days, there will be additional space available for existing personnel which will require remodeling and reconstruction on the second floor. We are in receipt of a proposal from Stacy Construction Company in the amount of $29,916.00, and it is hereby recommended that authority be granted to retain the services of Stacy Construction, 1912 Vernon Avenue, Vernon, California 90058 to perform the required remodeling work. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk, dated August 16, 1990, with regard to retaining the Services of Stacy Construction for remodeling work be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 5815 - 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 Stacy Construction Company providing for the remodeling of the Second Floor of the city Hall and a New Wall on the Third Floor, was presented. It was moved by Gonzales, seconded by Mccormick, that Resolution No. 5815 be approved and adopted. Motion carried. 4042 I I. City Council Minutes page 7 August 21, 1990 WARRANT REGISTER NO. 796 - covering claims and demands presented during the period of August 1 thru 15, 1990, drawn on the First Interstate Bank totaling $229,643.31, which includes Demand Nos. 28662 thru 28914 (inclusive), excluding Light & Power Demands and void Demands as listed below, (accounting period August, 1990) was examined and audited: 28713 28715 28761 28912 28913 28914 28821 28840 28905 28906 28907 28908 28909 28910 28911 It was moved by Davis, seconded by McCormick, that Warrant Register No. 796 be approved and payment authorized in the amount of $229,643.31 excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 796 - covering claims and demands presented during the period of August 1 thru 15, 1990, drawn on the First Interstate Bank totaling $2,313,555.55, which includes Light & Power Demand Nos. as listed below, (accounting period August, 1990) was examined and audited: 28662 28663 28664 28665 28668 28669 28670 28672 28673 28674 28677 28851 28855 28862 28863 28864 28865 28868 28872 28873 28875 28876 28881 28890 28891 28892 28893 28901 28678 28679 28680 28681 28684 28690 28692 28698 28706 28709 28718 28767 28771 28773 28776 28780 28781 28788 28789 28791 28798 28799 28802 28809 28820 28822 28825 28826 28827 28834 28841 28847 28850 28729 28730 28734 28737 28739 28746 28747 28750 28754 28759 28766 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 796 be approved and payment authorized for claims and demands totaling $2,313,555.55. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. PAYROLL WARRANT REGISTER NO. 406 - covering claims and demands presented during the period of June 17 thru June 30, 1990, drawn on the First Interstate Bank totaling $565,307.62 which includes Demand Nos. 5820 thru 5833 (inclusive), (accounting period June paid in July, 1990) was examined and audited. It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 406 be approved and payment authorized for claims and demands totaling $565,307.62. Motion carried. PAYROLL WARRANT REGISTER NO. 407 - covering claims and demands presented during the period of July 1 thru 14, 1990, drawn on the First Interstate Bank totaling $616,988.03 which includes Demand Nos. 5834 thru 5848 (inclusive), (accounting period July, 1990), was examined and audited. It was moved by Gonzales, seconded by Davis, that Payroll Warrant Register No. 407 be approved and payment authorized for claims and demands totaling $616,988.03. Motion carried. At this time, 6:00 p.m., Mayor Malburg declared a recess. The Council reconvened in regular session at 6:04 p.m. all members present before the recess again being present. It was moved by Ybarra, seconded by McCormick, that the Council recess to Closed Session, Personnel, pursuant to Government Code section 54957, the time being 6:05 p.m. Motion carried. All persons with the exception of the City Clerk, the City Attorney, the Chief of Police and the Police Captain were excluded from Closed Session. 4043 I I City Council Minutes page 8 August 21, 1990 The Mayor ordered all communications to and from Closed session deemed privileged and confidential. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:12 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that Lt. William Waxman be placed on one year's probation to further evaluate his overall job performance as a lieutenant. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session, Attorney/Client privilege, pursuant to Government Code Section 54956.9(a), the time being 6:13 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. The Mayor was excluded from the Closed Session at 6:30 p.m. The Mayor returned at 6:40 p.m. It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 6:41 p.m. 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. ~ ~ Leonis C. ATTEST: ~ /)-r~~ Bruce V. Malkenhorst, City Clerk 4044