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19910416 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 16, 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, Gonzales, McCormick, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Gonzales, that the minutes of the City Council Meeting held April 2, 1991, be approved as submitted and adopted. Motion carried. At this time Mayor Malburg presented a Service pin to Mayor Pro Tem Thomas A. Ybarra for his 25 years of service to the City. The Mayor called a short recess at 5:15 p.m. The Council reconvened at 5:17 p.m. all members present before the recess again being present. Police Department Activity Log for the period April 1 thru 15, 1991, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period April 1 thru 15, 1991, be received and filed. Motion carried. Fire Department Activity Report for the period April 1 thru 15, 1991, was presented. It was moved by Gonzales, seconded by Ybarra, that the Fire Department Activity Report for the period April 1 thru 15, 1991, be received and filed. Motion carried. . Health Department Report for the month of March, 1991, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of March, 1991, be received and filed. Motion carried. Risk Management Report for the month of March, 1991, was presented. It was moved by Ybarra, seconded by Davis, that the Risk Management Report for the month of March, 1991, be received and filed. Motion carried. At this time, the Mayor asked if there was anyone in the audience who wished to address the Council on any matters listed on the Agenda other than with regard to any Public Hearings that may be listed. There was no one present in the audience who wished to address the City Council on any matter on the Agenda at this time. Communication from Fire Chief Larry Spadt, dated March 26, 1991, was presented, requesting authority and funds to attend the California Fire Administration Conference in Modesto, May 6-10, 1991, with an expense allowance of $750. It was moved by McCormick, seconded by Gonzales, that authority be granted for Fire Chief Larry Spadt to attend the California Fire Administration Conference in Modesto, May 6-10, 1991, with an expense allowance of $750. Motion carried. 4182 I I City Council Minutes page 2 April 16, 1991 Communication from Bruce V. Malkenhorst, City Clerk, dated March 27, 1991, was presented, requesting authority and funds for Administrative Aide Christopher Romero to attend the 14th Annual Municipal Management Assistants of Southern California Conference in Palm Springs, June 6-8, 1991, with an expense allowance of $418.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Christopher Romero to attend the 14th Annual Municipal Management Assistants of Southern California Conference in Palm Springs, June 6-8, 1991, with an expense allowance of $418.00. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 27, 1991, was presented, requesting authority and funds for Lt. Les Brown and Sgt. Tom Igyarto to attend the California Association of Labor Relations Officers Training Seminar in Palm Springs, May 16- 18, 1991, with an expense allowance of $325.25 and $393.45 each respectively. It was moved by Davis, seconded by Ybarra, that authority be granted for Lt. Les Brown and Sgt. Tom Igyarto to attend the California Association of Labor Relations Officers Training Seminar in Palm Springs, May 16-18, 1991, with an expense allowance of $325.25 and $393.45 each respectively. Motion carried. Communication from Louis Rosenkrantz, Police Chief, dated March 28, 1991, was presented, requesting authority and funds to attend the L.A. County Chief's Executive Seminar in Palm Springs, May 29-31, 1991, with an expense allowance of $359.85 of which $285.00 will be reimbursed by POST. It was moved by Davis, seconded by McCormick, that authority be granted for Chief Louis Rosenkrantz to attend the L.A. County Chief's Executive Seminar in Palm Springs, May 29-31, 1991, with an expense allowance of $359.85. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 1, 1991, was presented, requesting authority and funds for Joan Francone, Risk Manager, to attend the Additional Insureds/Certifi- cates of Insurance Seminar in Sherman Oaks, May 15, 1991, with an expense allowance of $147.60. It was moved by Ybarra, seconded by McCormick, that authority be granted for Joan Francone to attend the Additional Insureds/Certificates of Insurance Seminar in Sherman Oaks, May 15, 1991, with an expense allowance of $147.60. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated April 2, 1991, was presented, requesting authority and funds for Captain James Mason to attend the National Law Enforcement Intelligence Training Seminar in Albuquerque, New Mexico, May 14-17, 1991 with an expense allowance of $773.52. It was moved by Davis, seconded by McCormick, that authority be granted for Captain James Mason to attend the National Law Enforcement Intelligence Training Seminar in Albuquerque, New Mexico, May 14-17, 1991, with an expense allowance of $773.52. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated April 2, 1991, was presented, requesting authority and funds for Lt. Bruce Olson to attend the Criminal Investigation Management Course at Cal Poly Pomona, May 28-31, 1991, with an expense allowance of $354.84, of which $318.80 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Lt. Bruce Olson to attend the Criminal Investigation Management Course at Cal Poly Pomona, May 28-31, 1991, with an expense allowance of $354.84. Motion carried. 4181 I I City Council Minutes page 3 April 16, 1991 Communication from Police Chief Louis Rosenkrantz, dated April 3, 1991, was presented, requesting authority and funds for Police Officers Jeffrey Bullock and Nathan Allen to attend the Orange County Sheriff's Department Lazer Village at the Orange County Sheriff's Training Center, April 25, 1991, with an expense allowance of $93.50 each of which $91.00 will be reimbursed by POST. It was moved by McCormick, seconded by Davis, that authority be granted for Police Officers Jeffrey Bullock and Nathan Allen to attend the Orange County Sheriff's Department Lazer Village at the Orange County Sheriff's Training Center, April 25, 1991, with an expense allowance of $93.50 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated April 3, 1991, was presented, requesting authority and funds for Police Officer Rex Hill to attend the Fingerprint Tracing Techniques Program at the West Covina Police Department, April 15-18, 1991, with an expense allowance of $100.96. It was moved by Gonzales, seconded by Ybarra, that authority be granted for Police Officer Rex Hill to attend the Fingerprint Tracing Techniques Program at the West Covina Police Department, April 15-18, 1991, with an expense allowance of $100.96. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated April 3, 1991, was presented, requesting authority and funds for Police Officers Christian Moscoso and David Guy to attend the Fingerprint Tracing Techniques Program at the Torrance Police Department, May 21-24, 1991, with an expense allowance of $114.40 each. It was moved by McCormick, seconded by Davis, that authority be granted for Police Officers Christian Moscoso and David Guy to attend the Fingerprint Tracing Techniques Program at the Torrance Police Department, May 21-24, 1991, with an expense allowance of $114.40 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 8, 1991, was presented, advising that Lubricating Specialties Company is requesting an extension of their permit for a temporary office trailer at 3365 Slauson Avenue. The construction of their new facility is only approximately 30% complete, and it is hereby recommended that said extension be granted to April 4, 1992. It was moved by Gonzales, seconded by Ybarra, to extend the permit for a temporary office trailer for Lubricating Specialties Company to April 4, 1992. Motion carried. Communication from Norman MiChiels, Director of Environmental Health, dated April 8, 1991, was presented, requesting authority and funds for James Wilcox, Environmental Specialist, to attend a Process Safety Management Seminar for Regulatory Personnel at the ARCO Refinery in Carson, April 22-23, 1991, with an expense allowance of $220. It was moved by McCormick, seconded by Ybarra, that authority be granted for James wilcox to attend a Process Safety Management Seminar for Regulatory Personnel at the ARCO Refinery in Carson, April 22-23, 1991, with an expense allowance of $220. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 8, 1991, was presented, requesting authority and funds for utility Clerk Ana Seeley to attend the Introduction to Workers' Compensation Workshop in Newport Beach, May 6, 1991, with an expense allowance of $147. It was moved by Davis, seconded by Gonzales, that authority be granted for Ana Seeley to attend the Introduction to Workers' Compensation Workshop in Newport Beach, May 6, 1991, with expense allowance of $147. Motion carried. an 4184 I I City Council Minutes page 4 April 16, 1991 Communication from Bruce V. Malkenhorst, City Clerk, dated April 9, 1991, was presented, advising that the City entered into an agreement to lease 59 acre-feet of water rights from Darling-Delaware Company for $95 per acre-foot. Darling-Delaware underestimated their water requirements and are requesting to lease back from Vernon 5 acre-feet, and it is hereby recommended that 5 acre-feet of water be leased back to Darling-Delaware Company for $95 per acre-foot. It was moved by Gonzales, seconded by Davis, that the Communication from the City Clerk dated April 9, 1991 be received and filed and that his recommendation be approved. Motion carried. RESOLUTION NO. 5914 - A Resolution of the city Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License and Agreement by and Between the City of Vernon and Darling-Delaware Co., Inc., Which Authorizes Darling-Delaware To Extract 5 Acre-Feet of Allowed Pumping Allocation for the Period July 1, 1990 Through June 30, 1991, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5914 be approved and adopted. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated April 10, 1991, was presented, advising that Thomsen Engineering, Inc. has submitted Parcel Map No. 22364 for Seymour Owens and Sam and Mary Perricone, for investigation and report in accordance with the Subdivision Map Act, and transmitting the following evidence: 1. Print of Parcel Map No. 22364 2. Report on Parcel Map No. 22364 3. Excerpts from the Subdivision Map Act It is the opinion of the Director of Community Service that this evidence supports a finding that the proposed parcel map is consistent with the General Plan as adopted by the City of Vernon; the State Environmental Quality Act; and the State Subdivision Map Act. This has been reviewed by the City Attorney and it is hereby recommended that Parcel Map No. 22364 be approved. victor Vaits addressed the City Council and briefly summarized the aforementioned matter for them. Mr. vaits advised the Council that a Variance was also submitted and is listed further down on the Agenda, and stated that if it is not approved then the Parcel Map should not be approved. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services dated April 10, 1991, be received and filed, and that Parcel Map No. 22364 be approved contingent upon approval of the Variance. Motion carried. Communication from Fire Chief Larry Spadt, dated April 10, 1991, was presented, requesting authority and funds for Captains James smith and Larry Weaver, and Firefighter David Lazar to attend the Rescue Practices I - California State Fire Marshal Certified Course in Ontario, May 6-10, 1991, with an expense allowance of $230 each. It was moved by McCormick, seconded by Davis, that authority be granted for Captains James smith and Larry Weaver, and Firefighter David Lazar to attend the Rescue Practices I - California State Fire Marshal certified Course in Ontario, May 6-10, 1991, with an expense allowance of $230 each. Communication from Bruce V. Malkenhorst, City Clerk, dated April 11, 1991, was presented, advising that Seymour Owens and Sam and Mary Perricone, owners of property located at 2955-2965 Vernon Avenue, have requested a Variance from the 1988 U.B.C., Table No. 17- A. They are proposing to subdivide an existing building into two ! 418S I I City Council Minutes page 5 April 16, 1991 separate units, and divide the buildings with an existing four-hour fire resistive wall constructed on the property line in lieu of separate fire resistive walls for each building. Each building will be on an individual lot and the separation wall will be a common wall. If the Variance is granted, no additional hazards will be introduced in the area. This has been reviewed by the Director of Community Services, and it is hereby recommended that the Variance be granted. It was moved by Davis, seconded by McCormick, that the communication from the City Clerk dated April 11, 1991 be received and filed, and that the Variance be granted to Seymour Owens and Sam and Mary Perricone for property located at 2955-2965 Vernon Avenue. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 11, 1991, was presented, advising that a Computation Report is being compiled by Kenneth J. 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 April 16, 1991. Based on the 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 effective for all bills rendered from May 1, 1991. Mr. DeDario advised the City council that the new factor was negative $0.02601. It was moved by Ybarra, seconded by Gonzales, to approve and adopt a new Energy Cost Adjustment Billing Factor of a negative $0.02601 for all bills rendered from May 1, 1991. Motion carried. RESOLUTION NO. 5912 - 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 Electrical Consumers, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5912 be approved and adopted. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated April 11, 1991, was presented, requesting authority and funds to attend the COTP Ad Hoc Senior Management Group Meeting in San Francisco, May 1-3, 1991, with an expense allowance of $704.80. It was moved by Davis, seconded by Ybarra, that authority be granted for Kenneth J. DeDario to attend the COTP Ad Hoc Senior Management Group Meeting in San Francisco, May 1-3, 1991, with an expense allowance of $704.80. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated April 11, 1991, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee Meeting held April 8, 1991 for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the minutes of the Adjourned Regular Finance Committee Meeting held April 8, 1991, be approved as submitted. Motion carried. RESOLUTION NO. 5913 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Agreement By and Between the City of Vernon and Savage Information Services for Records Management Consulting Services, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5913 be approved and adopted. Motion carried. 4186 I I City Council Minutes page 6 April 16, 1991 Communication from Bruce V. Malkenhorst, City Clerk, dated April 11, 1991, was presented, transmitting a Contract for Services with Neos Corporation to conduct energy audits for the City, and recommending that said contract be approved and executed. This has been reviewed by the Director of Light and Power and the City Attorney. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated April 11, 1991 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 5910 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract for Services By and Between the City of Vernon and Neos Corporation for Energy Audit Services, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5910 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 11, 1991, was presented, transmitting a Contract for Gas Service with the Southern California Gas Company. This contract is retroactive to February 1, 1991 and will supersede the Contract for UEG Gas Service executed in May, 1988. This has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that said Contract be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated April 11, 1991 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 5911 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of the Contract for Gas Service By and Between the City of Vernon and Southern California Gas Company, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5911 be approved and adopted. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated April 11, 1991, was presented, requesting authority and funds for Bob Tang, Assistant Resource Planner, to attend the "Least Cost" Utility Planning Workshop in San Diego, May 7-8, 1991, with an expense allowance of $237.50. It was moved by Ybarra, seconded by Mccormick, that authority be granted for Bob Tang to attend the "Least Cost" Utility Planning Workshop in San Diego, May 7-8, 1991, with an expense allowance of $237.50. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 11, 1991, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held April 15, 1991, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations listed on the Agenda for the Personnel Committee Meeting held April 15, 1991, be approved as submitted. Motion carried. WARRANT REGISTER NO. 812 covering claims and demands presented during the period of March 29 thru April 11, 1991, drawn on the First Interstate Bank totaling $188,749.99, which includes Demand Nos. 31882 thru 32103 (inclusive), excluding Light & Power Demands and void Demands as listed below (accounting period April, 1991) was examined and audited: 31888 31924 31925 32015 31898 31922 31923 It was moved by Davis, seconded by McCormick, that Warrant Register No. 812 be approved and payment authorized for claims and 4187 I I City Council Minutes page 7 April 16, 1991 demands totaling $188,749.99 excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 812 covering claims and demands presented during the period of March 29 thru April 11, 1991, drawn on the First Interstate Bank totaling $2,538,156.55, which includes Light & Power Demand Nos. as listed below (Accounting period April, 1991) was examined and audited: 31882 31883 31885 31886 31887 31892 31894 31895 31903 31914 31926 31932 31935 31936 31940 31944 31946 31947 31949 31953 31958 32069 32072 32073 32074 32075 32080 32089 32090 32092 32094 32103 32039* *Out of sequence 31968 31969 31975 31976 31985 31991 31996 31999 32001 32002 32007 32009 32016 32031 32041 32043 32045 32056 32058 32060 32061 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 812 be approved and payment authorized for claims and demands totaling $2,538,156.55. 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. 415 covering claims and demands presented during the period of February 10 thru March 9, 1991, drawn on the First Interstate Bank totaling $1,293,592.73 which includes Demand Nos. 6062 thru 6088 (inclusive) (accounting period March, 1991), was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 415 be approved and payment authorized for claims and demands totaling $1,293,592.73. Motion carried. Consideration of additional positions and increased salary for personnel in the Light and Power Department. (Deferred from the Finance Committee Meeting held April 8, 1991.) It was moved by Ybarra, seconded by Davis, that the aforementioned matter be referred back to the Finance Committee for review. Motion carried. Consideration of settlement in claim of Julio Calleros. It was moved by Ybarra, seconded by McCormick, that the aforementioned claim be deferred to Closed Session later this date. Communication from the City Attorney dated April 16, 1991, was presented, advising that Resolution No. 5907 was adopted on April 2, 1991 and directed that a "notice inviting sealed bids" for Contract No. 508, Washington Blvd., Resurfacing, be posted not less than ten (10) days before the scheduled opening. Inadvertently the actual "notice" was not posted until April 15, although the Resolution was posted. The problem was not realized until April 15, which was beyond the 72 hours allowed to consider the matter for the this Agenda pursuant to Government Code section 54954.2. In order to avoid the necessity of rejecting all bids and starting over, the following actions are recommended: 1. That the Council determine that the need to take action on this matter arose after the agenda was posted, in accordance with Government Code section 54954.2, and that it now be approved by a two thirds majority to be placed on the Agenda for action by the council; 2. The City Council consider a resolution amending Resolution 5907, requiring that the "notice" be posted not less than eight (8) days before the opening of the bids for contract No. 508; 4188 I I City Council Minutes page 8 April 16, 1991 It was moved by Gonzales, seconded by Davis, that the Council hereby determines that the need to take action on the aforementioned matter arose after the agenda was posted, and that approval be granted for it to be placed on the Agenda. Motion carried. Ayes: Malburg, Ybarra, McCormick, Davis, Gonzales Noes: None It was moved by Ybarra, seconded by McCormick, that the communication from the City Attorney dated April 16, 1991 be received and filed, and that the Council adopt a resolution amending Resolution 5907, requiring that the "notice" be posted not less than eight (8) days before the opening of the bids for Contract No. 508. Motion carried. Resolution No. 5915 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 5907 Dealing with the Posting Time for Notice Inviting Bids for washington Boulevard Resurfacing, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5915 be approved and adopted. The Mayor called a recess, the time being 6:10 p.m. The Council reconvened in regular session at 6:21 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 sections 54956.9(a} and 54956.9(C}. 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. Councilman Davis was excused from Closed Session at 6:40 p.m. Councilman Davis resumed his seat on the Council at 6:55 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:57 p.m. Motion carried. The City Attorney indicated that Southern California Gas Company had agreed to enter into a Stipulation for an Order Granting Summary Judgment and Judgment in the case of City of Vernon vs. Southern California Gas Company, LASC No. BC 018540, and recommended that the City Council Approve the Order Granting Summary Judgment and Judgment. It was moved by Gonzales, seconded by Davis, that the city Attorney's recommendation be approved. Motion carried. It was moved by Ybarra, seconded by McCormick, that a further tolling agreement for twenty-five (25) days with Norris Industries be approved. Motion carried. It was moved by Ybarra, seconded by Davis, that the claim of Julio Calleros vs. City of Vernon (WCAB Case # NOR 0157308) be approved for a Compromise & Release in the amount of $2,000.00. Motion carried. It was moved by Gonzales, seconded by McCormick, Law Firm of Brady & Berliner be retained to assist the City negotiations and litigation relating to gas supply matters. carried. that the in Motion 4 f8 9 I I City Council Minutes page 9 April 16, 1991 It was moved by Ybarra, seconded by McCormick, that the letter agreement pertaining to FERC Docket No. ER88-83 Settlement Agreement between the City of Vernon and Southern California Edison agreeing and resolving a disputed amount of a refund agreed to by Edison, be approved and executed by the City Clerk. 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. There being no further business to come before the Council at this time it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ~4~~~~~ /' ,Leonis C. Malurg, M yor ATTEST: ~/ /, /. ..~" , . . //,:t: .?~za..~~ Bruce V. Malkenhorst City Clerk ..,~, ~ 4190