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19900904 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 4, 1990 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Mccormick, Gonzales, Davis MEMBERS ABSENT: None 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 August 21, 1990, be approved as submitted and adopted. Motion carried. At this time, Mayor Malburg presented Service pins to the following employees: Bruce V. Malkenhorst, City Administrator - 15 years Louis Saenz, Community Services Department - 10 years Police Chief Rosenkrantz accepted a Five Year Service pin on behalf of Police Officer David Zapien who was unable to attend the meeting. The Mayor declared a short recess, the time being 5:14 p.m. The City Council reconvened in regular session at 5:17 p.m., all members present before the recess again being present. Police Department Activity Log for the period August 15 thru 31, 1990, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period August 15 thru 31, 1990, be received and filed. Motion carried. Fire Department Activity Report for the period August 15 thru 31, 1990, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period August 15 thru 31, 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. It was moved by Gonzales, seconded by Ybarra, to open the Public Hearing to consider the application of D. A. Cummins Freight Transportation Co. for a Conditional Use Permit to operate a truck terminal at 4168 Bandini Boulevard, the time being 5:18 p.m. Motion carried. victor Vaits, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from victor H. Vaits, Director of Community Services, dated August 21, 1990, was presented, advising that D. A. Cummins Freight Transportation Co. has applied for a Conditional Use Permit to operate a truck terminal at 4168 Bandini Boulevard and transmitting the following supporting documents: 1. Application for a Conditional Use Permit and information supporting the permit application. Lf IJ L/ 1(;9 ) I I City Council Minutes page 2 September 4, 1990 2. Notice of Public Hearing, copies of notification letters to owners in the area and affidavits of posting and mailing. 3. Environmental Information Form. 4. Engineer's Report. The application of D. A. Cummins Freight Transportation Co. was found to be categorically exempt from the California Environmental Quality Act Process since the proposed operation will not have a significant effect on the environment. The company proposes to occupy a small office and park four to six trucks with trailers at the site. The existing site has three large buildings constructed on it, requiring 362 automobile parking spaces per the present zoning ordinance. The site presently contains 257 automobile parking spaces, and the proposed truck terminal will occupy a portion of the existing parking lot, eliminating 37 spaces. This will leave 220 spaces, 142 less than the requirement. This has been reviewed by the City Attorney and based on the fact that the site is not adequate for the proposed operation it is hereby recommended that the request for a Conditional Use Permit be denied. The Mayor asked if there was anyone who wished to ask any questions on this matter. site now. Councilman McCormick asked what type of operation is on the Mr. Vaits answered, various warehousing. Councilman Gonzales asked if their was a trucking operation on the site at this time. Mr. vaits replied no, there isn't any trucking now. Mr. Steve Thompson, lessor at 4150 and 4168 Bandini Boulevard, advised the City Council that he presently needs six parking spaces and feels that the space required is more than adequate for his needs. Mr. Dave Cummins, owner of D. A. Cummins Freight Transportation Company and sub-lessee of property at 4168 Bandini, addressed the Council and stated that his trucks go out at about 6 a.m. and return about 6 p.m. Trucks are only parked at the location; they do not wash or maintain them at the site at all. David B. Brearley, City Attorney, asked if Mr. Cummins was already using the property. Mr. vaits stated that it appears they are, and he was not aware of them being in the building or violating the parking requirements. Mr. Cummins replied yes, they have been in the building, but he was not aware that he had to have any type of permit. Mr. Brearley asked if the property was leased from Mr. Thompson. Mr. Thompson said that he leases the property to Mr. Cummins; however, he thought that the Public utilities Commission permit covered all fees with regard to a trucking operation and any fees the city might impose would not apply. Mr. Brearley indicated to the City Council that the existing lease was a violation of the zoning Ordinance and Mr. Vaits is applying the zoning ordinance as it is written and that he supports the recommendation of Mr. vaits to deny the application for a Conditional Use Permit. f'~ff(tJ) I I City Council Minutes page 3 September 4, 1990 It was moved by McCormick, seconded by Davis, to close the Public Hearing with regard to the request by D. A. Cummins Freight Transportation Company for a Conditional Use Permit for the property located at 4168 Bandini Boulevard, the time being 5:35 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services, dated August 21, 1990, and all supporting documents submitted during the Public Hearing, regarding the application request by D. A. Cummins Freight Transportation Co. for a Conditional Use Permit be received as evidence; and that said Conditional Use Permit to operate a truck terminal at 4168 Bandini Boulevard be denied. Motion carried. It was moved by McCormick, seconded by Ybarra, to open the Public Hearing to consider a request by Leonard Meat Company, Inc. for a Variance to utilize a non-conforming truck dock at property located at 3217 44th Street, the time being 5:36 p.m. Motion carried. victor Vaits, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated August 16, 1990, was presented, advising that Leonard Meat Company Inc. has requested a Variance from the Comprehensive zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 3217 44th Street, and transmitting the following evidence: 1. Application for Variance. 2. Affidavit of posting and mailing. 3. Notice of Public Hearing. 4. Property owners list statement, property owners list and 300 foot radius map. 5. Engineer's Report. The building has two recessed docks, one with a depth of 29.5 feet measured from the street right-of-way and 48.3 feet wide; the second is a depth of 38.5 measured from the street right-of-way and is 11.1 feet wide. The company is proposing to use only vehicles of a smaller length at this dock. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Variance be granted contingent upon the following condition: 1. The usage of the 29.5 foot long loading space be limited to vehicles with a maximum length of 29 feet; and the usage of the 38 foot long loading space be limited to vehicles with a maximum length of 38.0 feet. The Mayor asked if there was anyone who wished to address the City Council on this matter. There was no one present who wished to address the City Council on this matter. It was moved by Gonzales, seconded by McCormick, to close the Public Hearing with regard to the request by Leonard Meat Company Inc. for a Variance for property located at 3217 44th Street, the time being 5:41 p.m. Motion carried. ~~) I I City Council Minutes page 4 September 4, 1990 It was moved by Ybarra, seconded by Davis, that the communication and all supporting documents submitted by the City Clerk during the Public Hearing regarding the Variance request by Leonard Meat Company for property located at 3217 44~h Street be received as evidence; and that his recommendation be approved contingent upon the aforementioned condition. Motion carried. RESOLUTION NO. 5809 - A Resolution of the City Council of the City of Vernon Granting a Variance to Leonard Meat Company Inc. From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 3217 44th Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5809 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis to open the Public Hearing to consider a request by California By-Products for a Variance to utilize a non-conforming driveway and relief from the minimum number of automobile parking spaces required by the Zoning Ordinance for property located at 5100 Boyle Avenue, the time being 5:43 p.m. Motion carried. victor Vaits, Director of community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated August 29, 1990, was presented, advising that California By-Products has requested a Variance from the comprehensive zoning Ordinance, Section 26.4.2-6, Automobile Parking Requirements; and Section 26.4.2-8 (e), Development Standards (Access) for the building located at 5100 Boyle Avenue, and transmitting the following evidence: 1. Application for Variance. 2. Affidavit of posting and mailing. 3. Notice of Public Hearing. 4. Property owners list statement, property owners list and 300 foot radius map. 5. Engineer's Report. The company is constructing a truck dock adjoining the existing building that will conform to all truck loading and parking requirements; however, the parking lot is not large enough to provide the 27 automobile parking spaces that the zo~ing Ordinance requires. The company is providing 17 spaces and advises that peak parking demand for their operation will be 15 spaces. The parking lot is 92 feet wide by 174 feet long and requires driveway access from both Boyle and Fruitland Avenues for smooth flow. The proposed curb return radius is 50 feet and the curb cut for the driveway will be 24 feet from the tangent point of the curb return. The Zoning Ordinance requires that driveways used by trucks must be a minimum of 75 feet from the tangent point of the curb return. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the variances be granted contingent upon the following conditions: 1. California By-Products' operation shall not cause any on-street parking and the maximum number of parked automobiles on this site shall be 17. ~~~ I I City Council Minutes page 5 September 4, 1990 2. The owner shall construct all frontage improvements including, but not limited to, a new 50 foot radius curb return, associated catch basin and benchmark monument relocations, and new curb, gutter, sidewalk and handicap ramp construction at the northeast corner of Boyle Avenue and Fruitland Avenue. The property owner shall deed a portion of his property so the curb return improvement can be constructed. The new property line radius shall be 40 feet. A 30 inch high barrier wall shall be constructed where the parking adjoins the right-of way, and guard posts shall be installed at the ends of the driveways. All existing frontage improvements shall be repaired to present City standards. 3. The driveway on Fruitland Avenue shall be used exclusively as an entrance for vehicles. The drive- way on Boyle Avenue shall be used only by vehicles exiting the site. Right turns only will be allowed onto Boyle Avenue. Signs shall be posted stating all restrictions. The Mayor asked if anyone wished to ask Mr. vaits any questions. David B. Brearley, City Attorney, asked if the dock could be constructed inside the building. Mr. vaits answered no, because it would be too costly. Mr. Brearley asked if this was just a cold storage warehouse or if there was also a processing plant. Mr. Vaits said he thought it was mainly cold storage but advised there was someone in the audience who could answer his question. Mr. Dana Montgomery, principal representing California By- Products, addressed the Council stating they are a collector and processor for particular food industries. They take the material and process it as is required: they are not just a cold storage facility. It was moved by Davis, seconded by McCormick, to close the Public Hearing with regard to the request by California By-Products for a Variance, the time being 5:52 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated August 29, 1990, and all supporting documents submitted during the Public Hearing, regarding the request for a Variance by California By-Products for property located at 3217 44th Street be received as evidence: and that his recommendation be approved contingent upon the aforementioned conditions. Motion carried. RESOLUTION NO. 5816 - A Resolution of the City Council of the City of Vernon Granting a Variance to California By-Products from Sections 26.4.2-6, Automobile Parking Requirements and 26.4.2-8(e), Development Standards (Access), of the Comprehensive Zoning Ordinance for Property Located at 5100 Boyle Avenue in the City of Vernon, was . presented. It was moved by Davis, seconded by McCormick, that Resolution No. 5816 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 ~/~n I I City Council Minutes page 6 September 4, 1990 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 21, 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 21, 1991.) It was moved by Ybarra, seconded by McCormick, that the matter of Public Improvement Agreement No. 12 and Resolution No. 5804 be deferred to the next City Council Meeting to be held september 18, 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 21, 1990.) David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter for the City Council. It was moved by Ybarra, seconded by McCormick, that a Power and Energy Sale Agreement with Utah Associated Municipal Power Systems be approved. 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. 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), was presented. (Deferred from the City Council Meeting held August 21, 1990.) It was moved by Gonzales, seconded by McCormick, that Resolution No. 5808 be approved and adopted. 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. Communication from Bruce V. Malkenhorst, city Clerk, dated August 16, 1990, was presented, recommending that City owned property on Packers Avenue be declared surplus 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. (Deferred from the City Council Meeting held August 21, 1990.) 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. (Deferred from the City Council Meeting held August 21, 1990.) It was moved by Davis, seconded by Ybarra, that the matter of selling City owned property on Packers Avenue be deferred to Closed Session later this date. Motion carried. ~"~ I I City Council Minutes page 7 September 4, 1990 Communication from Bruce V. Malkenhorst, City Clerk, dated August 27, 1990, was presented, transmitting an Agreement to Provide Mandated Cost Claiming Services for Fiscal Year 1990-91 with David M. Griffith and Associates, Ltd. Senate Bill 90 requires the State to reimburse local government for their cost for programs mandated by State law, and the claims must be filed yearly. This year, the City has filed claims with the State for the following: - Fire Fighter's personal alarm systems - Fire fighting safety equipment - Police Department disabled motorist assistance calls - Missing persons reports - Domestic violence calls, - Police Department CPR pocket masks - Requirements and costs for filing SB 90 Reports - Business tax reporting This has been reviewed by our financial consultant and the City Attorney, and it is hereby recommended that said Agreement be approved and the Mayor and City Clerk be authorized to execute same. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk, dated August 27, 1990, with regard to an Agreement with David M. Griffith and Associates, Ltd. be received and filed, and his recommendation be approved. Motion carried. RESOLUTION NO. 5817 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Provide Mandated Cost Claiming Services for the Fiscal Year 1990-91 By and Between the City of Vernon and David M. Griffith and Associates, Ltd, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 5817 be approved and adopted. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated August 27, 1990, was presented, transmitting an Agreement with Baker Equipment Leasing Company for leasing one (1) new Hi-Ranger Bucket Truck at an approximate cost of $94,000 for a term of four years. This has been reviewed by the City Attorney, and it is hereby recommended that the Master Lease be approved and the Mayor and City Clerk be authorized to execute same. RESOLUTION NO. 5803 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of the Following Documents Respecting the Lease of One Hi-Ranger Bucket Truck from Baker Equipment Company: (i) Commitment Letter Agreement; (ii) Acknowledgment of Notice of Assignment; (iii) Lease Insurance Authorization Letter; (iv) City Attorney Opinion Letter; and (v) UCC-1 Form. It was moved by Davis, seconded by Ybarra, that the matter of leasing one Hi-Ranger Bucket Truck be deferred to the next city council Meeting to be held September 18, 1990. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated August 27, 1990, was presented, transmitting a Lease Agreement with California Purification and Recycling, Inc. to provide purified water for operation of the Turbine Generators and to provide and maintain the equipment necessary for operation of the turbine units. The system consists of a Reverse Osmosis System and a Deion- izer unit. This lease is for a three year period and is an extension of the agreement that has been in effect for the past three years with identical rates and conditions. This has been reviewed by the City Attorney and it is hereby recommended that said Lease Agreement be approved and authority be granted for the Mayor and City Clerk to execute same. fOfl(G) I I City Council Minutes page 8 September 4, 1990 It was moved communication from the 1990, with regard to a and Recycling, Inc. be Agreement be approved. by Ybarra, seconded by Gonzales, that the Director of Light and Power, dated August 27, Lease Agreement with California Purification received and filed; and that said Lease Motion carried. RESOLUTION NO. 5828 - A Resolution of the city Council of the City of Vernon Approving and Authorizing the Execution of a Lease and Service Order Agreement By and Between the City of Vernon and California Purification and Recycling, Inc. Providing for the Lease and Maintenance of One Reverse Osmosis System and a Deionizer unit for the Operation of the Turbine Generators, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5828 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 29, 1990, was presented, advising that at the August 21st City Council Meeting, the matter of renewing the Administrative Services Agreement and the Master stop Loss Policy with United of Omaha was presented and approved, pending final negotiations. Submitted here- with are the following: (1) Administrative Services Agreement (Amend- ment No.2), and (2) Master stop Loss Policy by and between the City of Vernon and united of Omaha Life Insurance Company; which have been reviewed by the Risk Manager and the City Attorney. It is hereby recommended that said agreements be approved effective September 1, 1990 thru August 31, 1991, that the Mayor and City Clerk be author- ized to execute same and the following resolutions be adopted. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk, dated August 29, 1990, with regard to the Agreements with united of Omaha be received and filed; and that his recommendation be approved. Motion carried. RESOLUTION NO. 5819 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Master stop Loss Policy (GUG-2R03) By and Between the City of Vernon and united of Omaha Life Insurance Company (OMAHA), was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5819 be approved and adopted. Motion carried. RESOLUTION NO. 5820 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 2 to Administrative Services Agreement (GUSI-2R04 and GUSI-2R05) By and Between the City of Vernon and United of Omaha Life Insurance Company (OMAHA), was presented. It was moved by Ybarra, seconded by Gonzales, that Resolu- tion No. 5820 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, ci~y Clerk, dated August 29, 1990, was presented, transmitting a Mutually Preferred Payor Agreement by and between the City of Vernon and Mutual of Omaha Life Insurance Company which authorizes the City to use certain preferred provider organizations and/or health care providers in connection with the City's health benefit plan. This has been reviewed by the Risk Manager and the City Attorney, and it is hereby recommended that said Agreement be approved and the Mayor and City Clerk be authorized to execute same. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk, dated August 29, 1990, with regard to a Mutually Preferred Payor Agreement with United of Omaha be received and filed, and that his recommendation be approved. Motion carried. ~ff~ I I City Council Minutes page 9 September 4, 1990 RESOLUTION NO. 5821 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Mutually Preferred Payor Agreement (GUSI-2R04) By and Between the City of Vernon and United of Omaha Life Insurance Company (OMAHA), was presented. It was moved by Gonzales, seconded by Ybarra, that Resolu- tion No. 5821 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 30, 1990, was presented, recommending that the Agreement for Contractual Services by and between the City of Vernon and Ms. Pamela Maddox be extended effective beginning September 1, 1990 thru December 31, 1990. It was moved by Ybarra, seconded by Davis, that the commun- ication from the City Clerk, dated August 30, 1990, with regard to an Agreement for Contractual Services with Pamela Maddox be received and filed: and that his recommendation be approved. Motion carried. RESOLUTION NO. 5822 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of An Amendment No. 2 to the Agreement for Contractual Services By and Between the City of Vernon and Pamela M. Maddox, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5822 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 30, 1990, was presented, advising that at the City Council Meeting held May 15, 1990, approval was granted to negotiate an Agreement for the Purchase of Interruptible Gas Sales by and between the City of Vernon and Mock Resources, Inc. Jorge Somoano, Power Resource Planner, advises that negotiations with Mock Resources have been at a standstill due to their failure to submit historical data on the proposed pricing index. It is hereby recommended that Resolution No. 5752 adopted on May 15, 1990 be rescinded. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk, dated August 30, 1990, with regard to Mock Resources be received and filed: and that his recommendation be approved. Motion carried. RESOLUTION NO. 5826 - A Resolution of the City Council of the City of Vernon Repealing Resolution No. 5752 Which Approved and Authorized the Execution of an Interruptible Gas Sale and Purchase Agreement By and Between the City of Vernon and Mock Resources, Inc. Providing for Gas Purchases, was presented. It was moved by Davis, seconded by Mccormick, that Resolution No. 5826 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 30, 1990, was presented, advising that at the City Council Meeting held May 15, 1990, approval was granted to negotiate for execution of a gas sales agreement by and between PSI, Inc. and the City of Vernon for gas purchases. Jorge Somoano, Power Resource Planner, advises that at this time negotiations with PSI have stopped: and it is hereby recommended that Resolution No. 5753 adopted on May 15, 1990 be rescinded. It was moved by MCCormick, seconded by Ybarra, that the communication from the City Clerk, dated August 30, 1990, with regard to PSI, Inc. be received and filed: and that his recommendation be approved. Motion carried. fOfr~) I I City Council Minutes page 10 september 4, 1990 RESOLUTION NO. 5827 - A Resolution of the City Council of the City of Vernon Repealing Resolution No. 5753 Which Approved and Authorized the Execution of a Gas Sales Agreement By and Between the City of Vernon and PSI, Inc. Providing for Gas Purchases, was presented. . It was moved by Gonzales, seconded by Davis, that Resolution No. 5827 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 19, 1990, was presented, requesting authority and funds for Police Officers Rex Hill and Anthony Zack to attend the Orange County Sheriff Department's Lazer Village (Weapons Training) in Orange, September 13, 1990, with an expense allowance of $93.50 each of which $91.00 will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority be granted to issue warrants to Rex Hill and Anthony Zack in the amount of $93.50 each for their attendance at the Orange County Sheriff Department's Lazer Village in Orange, September 13, 1990. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 19, 1990, was presented, requesting authority and funds for Police Officers Norman Lindstrom and David Zapien to attend the Orange County Sheriff Department's Lazer Village (Weapons Training) in Orange, September 26, 1990, with an expense allowance of $93.50 each of which $91.00 will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority be granted to issue warrants to Norman Lindstrom and David Zapien in the amount of $93.50 each for their attendance at the Orange County Sheriff Department's Lazer Village in Orange, September 26, 1990. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 29, 1990, was presented, requesting authority and funds to attend the California Contract cities Annual Fall Seminar in Dana Point, September 28-30, 1990, with an expense allowance of $682.50. It was moved by McCormick, seconded by Ybarra, that authority be granted for Bruce V. Malkenhorst to attend the California Contract cities Annual Fall Seminar in Dana Point, September 28-30, 1990, with an expense allowance of $682.50. Motion carried. Consideration of an Off-Peak Firm Transmission Service Agreement between the City of Pasadena and the City of Vernon to provide for off-peak firm transmission service over the STS/NTS Transmission Facilities from January 1, 1991 through December 31, 1992. It is anticipated that the staff will recommend the approval of said Agreement and request the adoption of the following resolution. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. It was moved by Gonzales, seconded by Ybarra, that the Off- Peak Firm Transmission Service Agreement with the City of Pasadena be approved. 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. RESOLUTION NO 5823 - A Resolution of the city Council of the City of Vernon Approving and Authorizing the Execution of an Off- Peak Firm Transmission Service Agreement By and Between the City of Vernon and the City of Pasadena, was presented. ~c~~(7) I I City Council Minutes page 11 September 4, 1990 It was moved by Ybarra, seconded by McCormick, that Resolution No. 5823 be approved and adopted. 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. Consideration of a Firm Power Sale Agreement between the City of Vernon and Salt River Project Agricultural Improvement and Power District (SRP) to provide for the purchase of Firm Capacity and Associated Energy from SRP for the period January 1, 1991 through December 31, 1994. It is anticipated that staff will recommend the approval of said Agreement and request the adoption of the following resolution. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. It was moved by McCormick, seconded by Ybarra, that the Firm Power Sale Agreement with Salt River Project Agricultural Improvement and Power District be approved. 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. RESOLUTION NO. 5718 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Firm Power Sale Agreement By and Between the City of Vernon and Salt River Project Agricultural Improvement and Power District (SRP), was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No~ 5718 be approved and adopted. 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. Consideration of a Power Sale Agreement with the Los Angeles Department of Water and Power (LADWP) for the purchase of 16 mW of Capacity and Associated Energy from January 1, 1991 through December 31, 1992. It is anticipated that staff will recommend the approval of said Agreement and request the adoption of the following resolution. RESOLUTION NO. 5824 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Power Sale Agreement By and Between the City of Vernon and Los Angeles Department of Water and Power (LADWP). David B. Brearley, City Attorney, addressed the City Council and asked that the aforementioned matter be deferred to the next City Council Meeting. It was moved by Ybarra, seconded by McCormick, that the matter of the Power Sale Agreement with the Los Angeles Department of Water and Power and Resolution No. 5824 be deferred to the next City Council Meeting to be held September 18, 1990. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 30, 1990, was presented, recommending that the following personnel actions be approved: MERIT STEP INCREASE Felix Saldana, Utilityman III, Step 4 in the Community Services Department, be granted a merit step increase to Utilityman III, Step 3, with a new monthly base salary of $2253, effective September 24, 1990, based on his satisfactory job performance during the past year. f/tJ 1/1/(K) I I City Council Minutes page 12 September 4, 1990 It was moved by Davis, seconded by Gonzales, to grant Felix Saldana a merit step increase to utilityman III, Step 3, effective September 24, 1990. Motion carried. ADVANCEMENT Don Glaze, Firefighter, Step 1, be advanced to Acting Engineer, Step 3, with a monthly base salary of $3507, effective September 9, 1990, to fill the vacant position of Engineer George Goins who recently retired. It was moved by McCormick, seconded by Ybarra, to advance Don Glaze to Acting Engineer, Step 3, effective September 9, 1990. Motion carried. TRANSFER wilfredo Lopez, utility Clerk, Step 9 in the Customer Service Department be transferred to the Community Services Department classified as utilityman IV, Step 5 with a monthly base salary of $1633, effective August 20, 1990. It was moved by Gonzales, seconded by Davis, to transfer Wilfredo Lopez to the Community Services Department as utilityman IV, Step 5, effective August 20, 1990. Motion carried. Alice Saldana, Senior utility Clerk, Step 4 in the City Clerk's Department, be laterally transferred to the Community Services Department with the same classification and no change in salary, effective August 28, 1990. It was moved by Ybarra, seconded by Davis, to transfer Alice Saldana to the Community Services Department with the same classification and no change in salary, effective August 28, 1990. Motion carried. HIRE Francesco Pirello be hired as Police Officer, Step 5 with a monthly base salary of $2604, effective August 27, 1990, and that his 18 Month Employment Agreement be accepted and ratified effective the same date. Mr. Pirello is a graduate of Rio Hondo Police Academy, and continued employment is contingent upon his satisfactory completion of the background process. It was moved by MCCormick, seconded by Gonzales, to hire Francesco Pirello as Police Officer, Step 5, effective August 27, 1990; and to accept and ratify his 18 Month Employment Agreement effective the same date with continued employment contingent upon his satisfactory completion of the background process. Motion carried. REIMBURSEMENT The Firefighters, Step 5, listed below be granted the 2-1/2% Educational Incentive Pay for their satisfactory completion of 30 units of Fire Science Classes, effective September 23, 1990. These Firefighters will pass their probationary period September 18, 1990. Mark Daggett William Foltz Francisco Tostado Jeffrey Graves Daniel Kimes Dean Richens Michael Roche Gregory Bringhurst It was moved by Ybarra, seconded by Davis, to grant the 2- 1/2% Educational Incentive Pay to the above listed firefighters effective September 23, 1990. Motion carried. ytJ"~ (L) I I City Council Minutes page 13 September 4, 1990 RECLASSIFICATION Stella Pasillas, Typist/Switchboard Operator, Step 2 in the Community Services Department, be reclassified to utility Clerk, Step 2 with no change in salary, effective August 28, 1990. It was moved by MCCormick, seconded by Gonzales, to reclassify Stella Pasillas to utility Clerk, Step 2, with no change in salary, effective August 28, 1990. Motion carried. Ali Nourmohamadian, Energy Conservation Specialist, Step 6 in the Light and Power Department, be reclassified to Electrical Engineering Assistant, Step 4, with a new monthly base salary of $4,092, effective September 10, 1990. It was moved by Ybarra, seconded by Davis, to reclassify Ali Nourmohamadian to Electrical Engineering Assistant, Step 4, effective September 10, 1990. Motion carried. DISCIPLINARY ACTION Police Officer Jay Ellsworth be held chargeable for his on duty accident occurring on August 13, 1990, wherein Officer Ellsworth backed Unit 10 into a vehicle being driven without its headlights on (in a private parking lot); and that he be counseled and directed to attend a driver safety course specializing in low speed parking maneuvers, based on the recommendation of the Chief of Police. It was moved by mcCormick, seconded by Ybarra, that Officer Jay Ellsworth be held chargeable for his on duty accident occurring on August 13, 1990; that he be counseled; and that he enroll in a driver safety course. Motion carried. WARRANT REGISTER NO. 797 covering claims and demands presented during the period of August 16 thru August 31, 1990, drawn on the First Interstate Bank totaling $178,635.71, which includes Demand Nos. 28915 thru 29053 (inclusive), excluding Light & Power Demands and void Demand Nos. 28947, 28949, 28950 and 29034 (accounting period September, 1990), was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 797 be approved and payment authorized for claims and demands totaling $178,635.71, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 797 covering claims and demands presented during the period of August 16 thru 31, 1990, drawn on the First Interstate Bank totaling $212,418.07, which includes Light & Power Demand Nos. as listed below (accounting period September, 1990), was examined and audited: 28916 28934 28974 29032 28919 28936 28978 29033 28921 28938 28982 29037 28922 28939 28987 29040 28923 28940 28999 29041 28926 28941 29000 29043 28927 28951 29??? 29044 28929 28952 29016 29045 28930 28962 29021 29047 28932 28969 29024 29050 28933 28972 29028 It was moved by McCormick, seconded by Garcia, that Warrant Register No. 797 be approved and payment authorized for claims and demands totaling $212,418.07. 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. ~tJf/f/(m) I I City Council Minutes page 14 September 4, 1990 Consideration of liability claim of Luis Alonzo Lopez. Consideration of timely claim of Jesus Rodriguez. It was moved by Ybarra, seconded by Davis, that the claims of Luis Alonzo Lopez and Jesus Rodriguez be deferred to Closed Session later this date. At this time, 6:40 p.m., Mayor Malburg declared a recess. The Council reconvened in regular session at 6:45 p.m. It was moved by Ybarra, seconded by McCormick, that the Council recess to Closed Session Attorney/Client privilege at 6:55 p.m. Motion carried. All persons with the exception of the City Clerk, City Attorney, Director of Community Services and Mr. David Fitzsimons were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. The Director of Community Services and Mr. David Fitzsimons were excused from Closed Session at 7:00 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session the time being 7:35 p.m. 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. (Deferred from earlier time during this meeting). It was moved by Ybarra, seconded by McCormick, that the aforementioned matter on Packers Avenue be referred back to the Director of Community Services for further review. Motion carried. It was moved by Gonzales, seconded by Davis, that the request to file a late claim submitted by the Law Offices of Barry Jon Gruman on behalf of Mr. Luis Alonso Lopez be denied. Motion carried. It was moved by Davis, seconded by McCormick, that the Claim of Jesus Rodriguez for property damage be accepted and settled for $1375 contingent upon a fully executed release. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the settlement agreement with Chem-Tech Systems, Inc. settling all issues raised in the case of Chem-Tech Systems, Inc. vs. City of Vernon L.A.S.C. No. C753920 be approved. Motion carried. There being no further business to come before the City Council it was moved by MCCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. Attest: 4--//f~ ~~~' or Bruce V. Malkenhorst City Clerk LfOff(d)