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19910115 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 15, 1991 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, 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 Adjourned Regular City Council Meeting held January 2, 1991, be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period December 16 thru 31, 1990, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period December 16 thru 31, 1990, be received and filed. Motion carried. Police Department Activity Log for the period January 1 thru 14, 1991, was presented. It was moved by Ybarra, seconded by Davis, that the Police Department Activity Log for the period January 1 thru 14, 1991, be received and filed. Motion carried. Fire Department Activity Report for the period December 16 thru 31, 1990, was presented. It was moved by Gonzales, seconded by Davis, that the Fire Department Activity Report for the period December 16 thru 31, 1990, be received and filed. Motion carried. Fire Department Activity Report for the period January 1 thru 14, 1991, was presented. It was moved by McCormick, seconded by Gonzales, that the Fire Department Activity Report for the period January 1 thru 14, 1991, be received and filed. Motion carried. Health Department Report for the month of December, 1990, was presented. It was moved by Ybarra, seconded by Davis, that the Health Department Report for the month of December, 1990, be received and filed. Motion carried. Risk Management Report for the month of December, 1990, was presented. It was moved by McCormick, seconded by Gonzales, that the Risk Management Report for the month of December, 1990, be received and filed. Motion carried. Acting Fire Captain Thomas Pavlovsky addressed the city Council on behalf of the Fire Department and presented the Council with T-Shirts that have a picture of the old city Hall and the newest fire equipment, along with a framed picture commemorating Vernon rating as a Class I City for fire protection services. The Mayor and Councilmen thanked captain Pavlovsky and asked that he extend this to the other members of the Fire Department. At this time, the Mayor asked if there was anyone in the audience who wished to address the City Council on any matter on the 4117 I I City Council Minutes page 2 January 15, 1991 Agenda other than with regard to any Public Hearings that may be listed. There was no one present who wished to address the City Council on any matter on the Agenda at this time. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring John T. Howard, President of John T. Howard Electric, Inc., For His Service in Support of the Vernon Community, was read in its entirety by the City Clerk. It was moved by Ybarra, seconded by McCormick, that the Mayor be authorized to sign the aforementioned Proclamation and that it be presented to Mr. John T. Howard. Motion carried. Mr. Howard accepted the Proclamation from the Mayor and thanked the City Council for their sincerity. The Mayor called a short recess at 5:10 p.m. The City Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. A Proclamation of the Mayor and the City Council of the City of Vernon Commending Rafael Hernandez in Recognition of the Help and Assistance he Rendered to an Innocent victim During the Commission of a Crime, was read in its entirety by the City Clerk. It was moved by Davis, seconded by Gonzales, that the Mayor be authorized to sign the aforementioned Proclamation and that it be forwarded to Mr. Rafael Hernandez. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 10, 1991, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held January 14, 1991, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held January 14, 1991, be approved as submitted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 10, 1991, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee Meeting held January 7, 1991, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the minutes of the Adjourned Regular Finance Committee Meeting held January 7, 1991, be approved as submitted. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated January 7, 1991, was presented, advising that Contract No. 500 (Traffic Pavement striping 1990) has been completed. The total contract amount was $21,113.68, all of which has been paid. It is hereby recommended that the work be accepted for said contract. It was moved by Ybarra, seconded by Mccormick, that the communication from the Director of community Services, dated January 7, 1991 regarding Contract No. 500, be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 5869 - A Resolution of the City Council of the City of Vernon Accepting the Work of Arrow straight Marking and Striping Service in Accordance with Contract No. 500 of the city of Vernon, was presented. 4118 I I city council Minutes page 3 January 15, 1991 It was moved by Ybarra, seconded by Mccormick, that Resolution No. 5869 be approved and adopted. Motion carried. communication from victor H. Vaits, Director of Community Services, dated January 9, 1991, was presented, transmitting Contract No. 506 (Traffic Pavement Striping 1991), and recommending that said contract be approved and authority granted to advertise for bids. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services, dated January 9, 1991 regarding Contract No. 506, be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 5870 - A Resolution of the City Council of the City of Vernon Approving Contract No. 506 and Authorizing Notice Inviting Sealed Proposals or Bids for Traffic Pavement Striping - 1991, in accordance with Contract No. 506 of the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5870 be approved and adopted. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated January 9, 1991, was presented, advising that the City Council, at its meeting held November 6, 1990, approved Tentative Tract Map No. 49930 for J-Blak, Darwin V. Dapper, Terrence J. Dapper and McDonalds Corporation. All the conditions set forth on Tentative Tract Map including the deposit of funds for the reconstruction of Jewel Avenue have been met, and it is hereby recommended that Final Tract Map No. 49930 be approved. It was moved by Ybarra, seconded by Davis, that the commun- ication from the Director of Community services, dated January 9, 1991 regarding Tract Map No. 49930 be received and filed and that Final Tract Map No. 49930 be approved. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated January 9, 1991, was presented, transmitting five fully executed Grant Deeds, one each from: E. 37th Street Property Company Vernon Associates The Mutual Benefit Life Insurance Company J-Blak Donald Investment Company The property, Jewel Avenue right-of-way from 37th Street to Vernon Avenue, is currently a private roadway, and after completion of the proposed construction, the roadway will be dedicated as a public street. This has been reviewed by the City Attorney and it is hereby recommended that the five Grant Deeds be accepted and the Certifi- cates of Acceptance be approved and executed. Mr. Vaits, Director of Community services, submitted a letter advising the City Council that a "Second Amendment to the Escrow Instructions" regarding the Jewel Avenue improvements must be approved. The amendment will allow for the release to the City from the Escrow Company the Grant Deeds for the Jewel Avenue street right- of-way and the funds for the reconstruction of Jewel Avenue. Mr. vaits advised that approval of Tract Map No. 49930 and all other doc- cuments on this agenda related to Jewel Avenue improvements and/or reconstruction be approved contingent upon the City Attorney's review and approval of the "Second Amendment to the Escrow Instructions." David B. Brearley, City Attorney, addressed the City Council on Jewel Avenue and advised that the Director of community Services had, in fact, recently received "amended escrow instructions" which have not been thoroughly reviewed yet. Mr. Brearley advised that these Grant Deeds could be approved; however, it should be contingent upon his final review of the "amended i.l1J} I I City Council Minutes page 4 January 15, 1991 escrow instructions." Mr. Brearley also stated that Tract Map No. 49930 is also related to this matter and should also be approved contingent upon his review of these "amended escrow instructions." It was moved by Ybarra, seconded by Davis, that the preceding approval of Final Tract Map No. 49930 is contingent upon the City Attorney's approval of the "amended escrow instructions." Motion carried. It was moved by Gonzales, seconded by Davis, that contin- gent upon the City Attorney's review and approval of the amended escrow instructions the aforementioned five Grant Deeds be approved. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated January 9, 1991, was presented, transmitting three fully executed Grant Deeds, one each from: McDonalds Corporation Darwin V. and Terrence J. Dapper J-Blak This is for an eight (8) foot wide strip of land for the widening of the west side of Soto Street from 37th to approximately 221 feet north of the north line of Vernon Avenue. This has been reviewed by the City Attorney and it is hereby recommended that the three Grant Deeds be accepted and the certificates of Acceptance be approved and executed. It was moved by Ybarra, seconded by McCormick, to accept the three Grant Deeds, one each from the aforementioned listed property owners for an eight (8) foot strip of land on Soto Street and that the certificates of Acceptance be approved and executed contingent upon the City Attorney's final approval of the amended escrow instructions. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 9, 1991, was presented, transmitting a proposed "Addendum to In-Lieu Replenishment Agreement, July 1, 1990 to June 30, 1991" which amends the Replenishment Agreement between Central and West Basin Water Replenishment District and the City of Vernon. This has been reviewed by the City Attorney and the Director of Community Services, 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 Ybarra, seconded by Davis, that the commun- ication from the City Clerk, dated January 9, 1991 regarding the Addendum to In-Lieu Replenishment Agreement, July 1, 1990 to June 30, 1991" be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 5872 - A Resolution of the city Council of the City of Vernon Approving and Authorizing the Execution of an Addendum to In-Lieu Replenishment Agreement (July 1, 1990 - June 30, 1991) By and Between the City of Vernon and the Central and West Basin Water Replenishment District was presented. It was moved by Gonzales, seconded by Davis, that Resolu- tion No. 5872 be approved and adopted. Motion carried. Communication from Kenneth DeDario, Director of Light and Power, dated December 12, 1990, was presented, requesting authority and funds for Sergio Rodriguez, Water & Power Dispatcher, and Manuel Garcia, Chief Water & Power Dispatcher, to attend the Western Systems Coordinating Council Subtransmission Training Course in Phoenix, Arizona, January 22-25, 1991, with an expense allowance of $248.00 and $744.77 respectively. 4120 I I City Council Minutes page 5 January 15, 1991 It was moved by Ybarra, seconded by McCormick, that author- ity be granted for Sergio Rodriguez and Manuel Garcia to attend the Western Systems Coordinating Council Subtransmission Training Course in Phoenix, Arizona, January 22-25, 1991, with an expense allowance of $248.00 and $744.77 respectively. Motion carried. Communication from victor Vaits, Director of Community Services, dated December 19, 1990, was presented, requesting author- ity and funds for Kevin Wilson, civil Engineering Associate, to attend the Association of Environmental Professionals 1991 California Environmental Quality Act Workshop in Ontario, January 31, 1991, with an expense allowance of $108.40. It was moved by McCormick, seconded by Davis, that author- ity be granted for Kevin Wilson to attend the Association of Environ- mental Professionals 1991 California Environmental Quality Act Work- shop in Ontario, January 31, 1991, with an expense allowance of $108.40. Motion carried. Communication from victor Vaits, Director of Community Services, dated December 19, 1990, was presented, requesting author- ity and funds for Jerry Schreiber, Electrical Inspector, to attend three Electrical Construction and Maintenance Seminars in Anaheim, February 12 and 13, 1991, with an expense allowance of $239.45. It was moved by Ybarra, seconded by Gonzales, that author- ity be granted for Jerry Schreiber to attend three Electrical Con- struction and Maintenance Seminars in Anaheim, February 12 and 13, 1991, with an expense allowance of $239.45. Motion carried. Communication from Norman Michiels, Director of Environ- mental Health, dated January 2, 1991, was presented, requesting authority and funds for Charla Duncan, Secretary, to attend two Accelerated Computer Training Classes in Los Angeles, February 5 and 28, 1991, with an expense allowance of $259 for the first class and $275 for the second class. It was moved by McCormick, seconded by Ybarra, that author- ity be granted for Charla Duncan to attend two Accelerated Computer Training Classes in Los Angeles, February 5 and 28, 1991, with an expense allowance of $259 for the first class and $275 for the second class. Motion carried. Communication from Louis Rosenkrantz, Police Chief, dated January 4, 1991, was presented, requesting authority and funds for Police Officer Scott Shonts and Lieutenant William Waxman to attend the Orange County Sheriff Department's Lazer village at the Orange County Sheriff's Training Center, February 6, 1991, with an expense allowance of $93.50 each of which $91.00 will be reimbursed by POST. It was moved by Davis, seconded by Gonzales, that authority be granted for Scott Shonts and William Waxman to attend the Orange County Sheriff Department's Lazer Village at the Orange County Sheriff's Training Center, February 6, 1991, with an expense allow- ance of $93.50 each. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated January 8, 1991, was presented, requesting authority and funds to at- tend the League of California cities City Managers' Annual Meeting in Monterey, February 6-8, 1991, with an expense allowance of $875.90. It was moved by McCormick, seconded by Ybarra, that authority be granted for Bruce V. Malkenhorst to attend the League of California cities City Managers' Annual Meeting in Monterey, February 6-8, 1991, with an expense allowance of $875.00. Motion carried. Communication from victor H. Vaits, Director of community Services, dated January 8, 1991, was presented, requesting authority and funds to attend the California Building Officials' Business 4121 I I City Council Minutes page 6 January 15, 1991 Meeting in Monterey, February 20-23, 1991, with an expense allowance of $1085. It was moved by Davis, seconded by Gonzales, that authority be granted for Victor H. vaits to attend the California Building Officials' Business Meeting in Monterey, February 20-23, 1991, with an expense allowance of $1085. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 10, 1991, was presented, requesting authority and funds for Councilman William Davis to attend the California Society of Munici- pal Finance Officers Annual Seminar in Milbrae, February 20-22, 1991, with an expense allowance of $852.00. It was moved by Ybarra, seconded by McCormick, that author- ity be granted for william Davis to attend the California Society of Municipal Finance Officers Annual Seminar in Milbrae, February 20-22, 1991, with an expense allowance of $852.00. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 10, 1991, was presented, advising that a Computation Report is being compiled by Kenneth DeDario, Director of Light and Power, which will determine the Energy Cost Adjustment Billing Factor for the next three month period and will be submitted to the City Council on January 15, 1991. Based on actual fuel expenses and revenues, and Southern California Edison Company's forecast of fuel cost for the next three months, it is hereby recommended that the new factor, to be announced at this meeting, be adopted to be effective for all bills rendered from February 1, 1991. Kenneth DeDario, Director of Light and Power, addressed the Council and advised that the new factor was negative $0.0192 per kwh. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk, dated January 10, 1991 regarding the Energy Cost Adjustment Billing Factor, be received and filed, and that the negative factor of $0.0192 per kilowatt hour be approved effective February 1, 1991. Motion carried. RESOLUTION NO. 5871 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Supplied to its Elec- trical Consumers, was presented. It was moved by Gonzales, seconded by Davis, that Resolu- tion No. 5871 be approved and adopted. Motion carried. RESOLUTION NO. 5868 - A Resolution of the City Council of the City of Vernon Authorizing the Donation of Surplus Property from the Health Department to the Vernon City Elementary School, was presented. It was moved by Ybarra, seconded by McCormick, that Resolu- tion No. 5868 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 10, 1991, was presented, recommending that Amendment No. 2 to the Project Planning Agreement for the Mead-Adelanto Transmission Project be approved. This would authorize an increase in funds for completion of the planning studies for the transmission project (Vernon's share being approximately $125,000.00). David B. Brearley, City Attorney, addressed the city Council and briefly summarized this matter. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk, dated January 10, 1991 regarding Amendment No. 2 to the Project Planning Agreement for the Mead- Adelanto Transmission Project, be received and filed and his recomen- dation be approved. Motion carried. Councilman Davis abstained from 11/0202 I I City Council Minutes page 7 January 15, 1991 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. 5873 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Mead/McCullough-Victorville/Adelanto Transmission Project Amendment No.2 to the Project Planning Agreement (DWP No. 10180), was presented. It was moved by Ybarra, seconded by Mccormick, that Resolu- tion No. 5873 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 finan- cial effect on his source of income. RESOLUTION NO. 5874 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to Agreement for Contractual Services By and Between the City of Vernon and Lewis R. Adams, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 5874 be approved and adopted. Motion carried. WARRANT REGISTER NO. 806 covering claims and demands presented during the period of December 28, 1990 thru January 10, 1991, drawn on the First Interstate Bank totaling $198,062.86, which includes Demand Nos. 30631 thru 30849 (inclusive), excluding Light & Power Demands and void Demands as listed below (accounting period January, 1991), was examined and audited: 30671 30672 30804 30814 30677 30678 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 806 be approved and payment authorized for claims and demands totaling $198,062.86, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 806 covering claims and demands presented during the period of December 28, 1990 thru January 10, 1991, drawn on the First Interstate Bank totaling $1,722,023.46, which includes Light & Power Demand Nos. as listed below (accounting period, January 1991), was examined and audited: 30643 30665 30679 30709 30740 30765 30803 30820 30644 30667 30680 30712 30741 30766 30805 30833 30645 30669 30688 30718 30742 30768 30806 30836 30646 30670 30694 30728 30745 30780 30810 30837 30655 30673 30696 30730 30747 30784 30812 30844 30656 30674 30697 30732 30749 30785 30813 30657 30675 30699 30738 30752 30787 30815 30659 30676 30701 30739 30764 30801 30816 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 806 be approved and payment authorized for claims and demands totaling $1,722,023.46. 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. 412 covering claims and demands presented during the period of November 18 thru December 15, 1990, drawn on the First Interstate Bank totaling $1,225,312.94 which includes Demand Nos. 5973 thru 5802 (inclusive) (accounting period December, 1990), was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No. 412 be approved and payment authorized for claims and demands totaling $1,225,312.94. Motion carried. 4123 I I City Council Minutes page 8 January 15, 1991 Reconsideration of a Consulting Agreement with Sunlaw Fuels. The City Attorney addressed the City Council and recommended that the decision on this matter be deferred to after Closed Session today. It was moved by Ybarra, seconded by McCormick, that the matter of the Consulting Agreement with Sunlaw Fuels should be deferred to after Closed Session later this date. Motion carried. Consideration of a Maintenance Agreement by and between the City of Vernon and Stewart & Stevenson services, Inc. providing for maintenance services on the gas turbines for a period of three (3) years. It is anticipated that the staff will recommend the approval of said agreement and request the adoption of a resolution. (Deferred from the City Council Meeting held January 2, 1991.) David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. It was moved by Ybarra, seconded by Gonzales, to approve the Maintenance Agreement with Stewart & Stevenson services, Inc. and that authority be granted for the Mayor and City Clerk to execute same. Motion carried. RESOLUTION NO. 5818 - 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 Stewart & Stevenson Services, Inc., providing for Maintenance Services on the Gas Turbines for a Period of Three Years, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5818 be approved and adopted. Motion carried. The Mayor declared a recess, the time being 6:05 p.m. The Council reconvened in regular session at 6:07 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 Attorney/Client Privilege pursuant to Government Code Section(s) 54956.9(a) and 54956.9 (c), the time being 6:08 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. Mayor Malburg was excused from Closed Session at 6:15 p.m. Mayor Malburg returned to the Closed Session at 6:34 p.m. The Director of Community Services was excused at 6:35 p.m. Councilman Davis was excused from Closed Session at 6:40 p.m. Councilman Davis returned to the Closed Session at 6:50 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 6:55 p.m. Motion carried. 4124 I I <, City Council Minutes page 9 January 15, 1991 The City Attorney indicated that Ordinance No. 991, amending the business license fees, had been passed by the electors of the City of Vernon and recommended that he be authorized to file an action validating the ordinance. It was moved by Gonzales, seconded by Ybarra, that the City Attorney's recommendation be approved. Motion carried The City Attorney indicated that the California Supreme Court granted review on November 15, 1990 of the case of IT Corporation v. Solano County, 222 Cal App 3d1629. He further indicated that the case concerns the power and authority of a city to enforce conditional use permit requirements. He recommended that the city Council authorize his participation in said case as Amicus on behalf of the City of Vernon to protect cities rights to enforce conditional use permit requirements in the hazardous waste area. It was moved by McCormick, seconded by Gonzales, that the city Attorney's recommendation be approved. Motion carried. The City Attorney reported that Sunlaw Fuels was unable to approve and execute the consulting agreement approved at the City Council meeting of January 2, 1991 and recommended that the liability and indemnification provisions be modified. It was moved by Ybarra, seconded by Davis, that the agreement approved at the City Council meeting of January 2, 1991 be modified as recommended by the City Attorney. Motion carried. There being no further business to come before the Council it was moved by Ybarra, seconded by Davis, that the meeting adjourn. Motion carried. c-,/ I , ~p~t:!~~~-u~ (~onis C. Mal~urg, Mayor ATTEST: " /#~7 Bruce V. Malkenhorst city Clerk ~ L/ / c2S