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19910716 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 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 McCormick, that the minutes of the Adjourned City Council Meeting held June 20, 1991, be approved as submitted and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, that the minutes of the City Council Meeting held July 2, 1991, be approved as submitted and adopted. Motion carried. The City Clerk read the names of employees who achieved Perfect Attendance and the Mayor extended his congratulations and presented gift selection brochures to the following: TWO YEARS Alvarez, David Alvarez, Jose Amiri, Fred Bass, Mary Cervantes, Jose Gonzales, James Looper, Jack Lozano, Ricardo Mason, James Michiels, Norm Morales, Manuel Olson, Bruce Rodriguez, Sergio seigert, James Somoano, Jorge Wilson, William THREE YEARS Beaudette, Robert Kirkland, curtis ROdriguez, Vince Trujillo, victor Saldana, Felix Sem, Vernon Saenz, Ed FOUR YEARS Arvizu, Jon Wiles, Richard Downing, Dan FIVE YEARS EIGHT YEARS SIX YEARS Mendoza, Mario Orosco, Gloria Weathers, Fernando THIRTEEN YEARS Smith, Robert The following employees were acknowledged for their attendance record; however, were not available for the meeting: TWO YEARS Bicknell, John De La Rosa, Abel Peltier, Craig Fandino, Carlos Green, Don Hulsey, Jed Kruse, Dale THREE YEARS Moore, David NINE YEARS Wilson, Kevin FOUR YEARS Vaits, victor The Mayor called a recess at 5:10 p.m. The Council reconvened at 5:18 p.m., all members present before the recess again being present. Police Department Activity Log for the period July 1 thru 15, 1991, was presented. -42 3-0 I ~I City Council Minutes page 2 July 16, 1991 It was moved by McCormick, seconded by Ybarra, that the Police Department Activity Log for the period July 1 thru 15, 1991, be received and filed. Motion carried. Fire Department Activity Report for the period July 1 thru 15, 1991, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period July 1 thru 15, 1991, be received and filed. Motion carried. Health Department Report for the month of June, 1991, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of June, 1991, be received and filed. Motion carried. Risk Management Report for the month of June, 1991, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of June, 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 in the audience who wished to address the City Council on any matter on the Agenda at this time. Communication from Bruce V. Malkenhorst, City Clerk, dated July 16, 1991, was presented, transmitting a memorandum and cost analysis from Joan Francone, Risk Manager/Personnel Assistant per- taining to PERS Contract Amendment Section 21365.6 and advising that the annual dollar increase pertaining to said contract amendment is $192,780.00 (0.459% x $4.2m). It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk, dated July 16, 1991, with regard to a PERS Contract Amendment be received and filed. Motion carried. RESOLUTION NO. 5952 - A Resolution of the City Council of the City of Vernon Declaring Its Intention to Approve an Amendment to the Contract Between the Board of Administration of the Public Employees' Retirement System (PERS) and the City Council of the City of Vernon, was presented. (Deferred from the City Council Meeting held July 2, 1991.) It was moved by McCormick, seconded by Davis, that Resolu- tion No. 5952 be approved and adopted. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated May 6, 1991, was presented, requesting authority and funds to attend the International Conference of Building Officials in Spokane, Washington, September 8 thru 13, 1991, with an expense allowance of $1813. It was moved by Ybarra, seconded by Davis, that authority be granted for victor Vaits to attend the International Conference qf Building Officials in Spokane, Washington, September 8 thru 13, 1991, with an expense allowance of $1813. Motion carried. Communication from Norman J. Michiels, Director of Environmental Health, dated June 20, 1991, was presented, requesting authority and funds to attend the California Conference of Directors of Environmental Health Annual Meeting in Lake Tahoe, September 23- 27, 1991, with an expense allowance of $777.84. 4~31 I "I City Council Minutes page 3 July 16, 1991 It was moved by Gonzales, seconded by McCormick, that authority be granted for Norman J. Michiels to attend the California Conference of Directors of Environmental Health Annual Meeting in Lake Tahoe, September 23-27, 1991, with an expense allowance of $777.84. Motion carried. Communication from Louis S. Rosenkrantz, Chief of POlice, dated June 24, 1991, was presented, requesting authority and funds to attend a workshop entitled "Applying the Discipline Process to Employee Absenteeism Problems" in Irvine, August 1, 1991, with an expense allowance of $95.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Louis S. Rosenkrantz to attend a workshop entitled "Applying the Discipline Process to Employee Absenteeism Problems" in Irvine, August 1, 1991, with an expense allowance of $95.00. Motion carried. Communication from Merle L. Woodburn, City Clerk of the City of Burbank, dated June 27, 1991, was presented, transmitting their Resolution No. 23,353: "A Resolution of the Council of the City of Burbank Recommending Removal of the 1991 League of California Cities Fall Conference from the City and County of San Francisco, California." It was moved by McCormick, seconded by Ybarra, that the communication from the City of Burbank City Clerk, dated June 27, 1991, be received and filed. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated June 28, 1991, was presented, requesting authority and funds for Police Officers Charles Solano and Jerry Winegar to attend the Orange County Sheriff's Department Lazer Village at the Orange County Sheriff's Training Center, July 24, 1991, with an expense allowance of $112 each, of which $111 will be reimbursed by POST. It was moved by McCormick, seconded by Ybarra, that authority be granted for Police Officers Charles Solano and Jerry Winegar to attend the Orange County Sheriff's Department Lazer Village at the Orange County Sheriff's Training Center, July 24, 1991, with an expense allowance of $112. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated July 1, 1991, was presented, requesting authority and funds for Police Officer Rex Hill to attend the Traffic Accident Investigation Course at the Los Angeles County Sheriff's Department Star Center, August 5-9, 1991, with an expense allowance of $132, of which $92 will be reimbursed by POST. It was moved by Davis, seconded by Gonzales, that author- ity be granted for Police Officer Rex Hill to attend the Traffic Accident Investigation Course at the Los Angeles County Sheriff's Department Star Center, August 5-9, 1991, with an expense allowance of $132. Motion carried. Communication from Kenneth DeDario, Director of Light and Power, dated July 1, 1991, was presented, requesting authority and funds for Manuel Garcia, Chief Water and Power Dispatcher, to attend a seminar entitled "How to Supervise Better" in Los Angeles, August 7, 1991, with an expense allowance of $109. It was moved by Ybarra, seconded by McCormick, that authority be granted for Manuel Garcia to attend a seminar entitled "How to Supervise Better" in Los Angeles, August 7, 1991, with an expense allowance of $109. Motion carried. Communication from Kenneth DeDario, Director of Light and Power, dated July 1, 1991, was presented, requesting authority and funds for Jim Siegert, Power Plant superintendent, to attend a semi- nar entitled "How to Supervise Better" in Ontario, August 5, 1991, with an expense allowance of $109. 4.~ ;'(.\.... I I City Council Minutes page 4 July 16, 1991 It was moved by Gonzales, seconded by Davis, that authority be granted for Jim Siegert to attend a seminar entitled "How to supervise Better" in ontario, August 5, 1991, with an expense allowance of $109. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated July 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 July 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 to be effective for all bills rendered from August 1, 1991. Communication from Kenneth J. DeDario, Director of Light & Power, dated July 16, 1991, advising that the new Energy Cost Adjust- ment Billing Factor for the next three month period is negative $0.02542 per kwh and recommending that same be approved. It was moved by Gonzales, seconded by Ybarra, that the communications from the city Clerk and the Director of Light and Power, dated July 11 and 16 respectively, be received and filed, and to approve the new Energy Cost Adjustment Billing Factor of negative $0.02542 per kwh effective August 1, 1991. Motion carried. RESOLUTION NO. 5954 - 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 customers, was presented. It was moved by McCormick, seconded by Ybarra, that Reso- lution No. 5954 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 11, 1991, was presented, advising that the property located at 3030 Atlantic Boulevard is available for sale and recommending that the Council authorize a loan to the Redevelopment Agency for the purchase of said property. It was moved by Gonzales, seconded by Davis, that the aforementioned matter be deferred to after the Redevelopment Agency Meeting later this evening. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 11, 1991, was presented, advising that the Fuel Cell Commercial- ization Group (FCCG) is requesting the City to mail a "Letter of Intent" to the Fuel Cell Engineering Corporation in support of the 2MW carbonate fuel cell power plant and the City's intent to execute a formal contract for the purchase of one of the 2MW power plants. This has been reviewed by the Director of Light and Power and the city Attorney, and it is hereby recommended that authority be granted to issue said letter. Kenneth DeDario, Director of Light and Power, addressed the city Council and briefly summarized this matter for them. David B. Brearley, City Attorney, addressed the city Council and summarized the city's interest in this matter at this time. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the city Clerk dated July 11, 1991, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 5955 - A Resolution of the city Council of the city of Vernon Approving and Authorizing the Execution of a Letter of Intent Regarding Purchase of an Early Production 2-Megawatt Carbonate Fuel Cell Power Plant, was presented. 4233 city council Minutes page 5 July 16, 1991 It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5955 be approved and adopted. Motion carried. communication from Bruce V. Malkenhorst, city Clerk, dated July 11, 1991, was presented, advising that a survey has been con- ducted and a "speed zone survey" report prepared by the community services Department. Based on the survey, it is hereby recommended that the following speed limits for certain streets be changed as indicated below and that an ordinance be introduced for a first reading approving said changes in speed limits: I 37th street Jewel Avenue to Santa Fe Avenue - 45 mph Change to 35 mph Alcoa Avenue Vernon to Slauson - 35 mph Change to 30 mph Boyle Avenue Vernon to Leonis - 35 mph Change to 30 mph santa Fe Avenue Vernon - 1400 feet south of Pacific - 25 mph Change to 35 mph Brian Adel, civil Engineering Associate in the Community Services Department, addressed the City Council and summarized the reasons and need for the changes. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the city Clerk dated July 11, 1991, be received and filed, and that his recommendation be approved. Motion carried. ORDINANCE NO. 999 - An Ordinance of the City Council of the City of Vernon Amending Sections 16.18-1 and 16.18-2 of the Code of the City of Vernon, California 1959, and Adding New Sections 16.18-3 and 16.18-4, to Retain and Change Speed Limits on Certain Streets, was read by title for a FIRST READING. It was moved by Ybarra, seconded by McCormick, that Ordinance No. 999 be approved for a First Reading. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 11, 1991, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held July 15, 1991, for approval of the recommendations contained therein. I It was moved by Gonzales, seconded by McCormiCk, that the recommendations listed on the Agenda for the Personnel Committee Meeting held July 15, 1991, be approved as submitted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated July 11, 1991, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held July 15, 1991, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recom- mendations listed on the Agenda for the Adjourned Regular Finance Committee Meeting held July 15, 1991, be approved as submitted, with the exception of the recommendation pertaining to the retention of the Magellan Group, which was referred back to staff for further review. Motion carried. RESOLUTION NO. 5957 - A Resolution of the City Council of the city of Vernon Approving and Authorizing the Execution of an Equipment Maintenance Agreement (7/1/91 Through 6/30/92) By and Between the City of Vernon and A.L. communications, Inc. for Maintenance of the City's Present Telephone System, was presented. 4234 I City Council Minutes page 6 July 16, 1991 It was moved by McCormick, seconded by Gonzales, that Resolution No. 5957 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 11, 1991, was presented, advising that the Light & Power Depart- ment has reviewed a new agreement for contractual services with South Coast Environmental Company. It is hereby recommended that a new agreement be approved to replace the existing agreement which was executed on July 17, 1990. It was moved by Ybarra, seconded by Davis, that the afore- mentioned communication from the city Clerk dated July 11, 1991, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 5956 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Contractual Services By and Between the city of Vernon and South Coast Environmental Company, was presented. It was moved by Mccormick, seconded by Gonzales, that Resolution No. 5956 be approved and adopted. Motion carried. WARRANT REGISTER NO. 818 covering claims and demands presented during the period of June 28 thru July 11, 1991, drawn on the First Interstate Bank totaling $113,551.61, which includes Demand Nos. 33135 thru 33284 (inclusive), excluding Light & Power Demands and void Demands as listed below, (accounting period June paid in July 1991) was examined and audited: 33135 thru 33149 33170 thru 33172 33275 thru 33279 33280 thru 33284 and 33233 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 818 be approved and payment authorized for claims and demands totaling $113,551.61, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 818 covering claims and demands presented during the period of June 28 thru July 11, 1991, drawn on the First Interstate Bank totaling $148,223.19, which includes Light and Power Demand Nos. as listed below (accounting period June paid in July 1991) was examined and audited: 33151 33154 33157 33161 33166 33169 33179 33183 33191 33195 33214 33219 33220 33227 33234 33241 33246 33249 33255 33258 33259 33260 33263 33266 33269 33272 33274 33197 33198 33200 33207 33209 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 818 be approved and payment authorized for claims and demands totaling $148,223.19. 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. 418 covering claims and demands presented during the period of May 19 thru June 15, 1991, drawn on the First Interstate Bank totaling $1,330,552.25 which includes Demand Nos. 6166 thru 6204 (inclusive), (accounting period June, 1991) was examined and audited. It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 418 be approved and payment authorized for claims and demands totaling $1,330,552.25. Motion carried. 423~ I I City Council Minutes page 7 July 16, 1991 WARRANT REGISTER NO. 819 covering claims and demands presented during the period of June 28 thru July 11, 1991, drawn on the First Interstate Bank totaling $69,026.31, which includes Demand Nos. 33120 thru 33134 (inclusive), and 33285 thru 33306 excluding Light & Power Demands (accounting period July, 1991) was examined and audited. It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 819 be approved and payment authorized for claims and demands totaling $69,026.31, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 819 covering claims and demands presented during the period of June 28 thru July 11, 1991, drawn on the First Interstate Bank totaling $25,298.02, which includes Light & Power Demand Nos. as listed below (accounting period July, 1991) was examined and audited: 33122 33123 33295 33301 33303 33305 33124 33127 33128 33133 33287 33288 It was moved by Ybarra, seconded by McCormick, that War- rant Register No. 819 be approved and payment authorized for claims and demands totaling $25,298.02. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reason- ably foreseeable that the decision may have a material financial effect on his source of income. Communication from Bruce V. Malkenhorst, City Clerk, dated July 11, 1991, was presented, recommending that the "Gas Select Con- tract" with Southern California Gas Company be approved and executed. This will enable the City to utilize their computer software in order to monitor gas usage and to allow for trading of gas imbalances. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated July 11, 1991, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 5959 - 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 the Southern California Gas Company Which Grants the City a Limited License to Access and Use the Software Programs Known as Gas Select, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5959 be approved and adopted. Motion carried. Consideration of various gas service agreements for the purpose of supplying gas to Vernon's gas turbines. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. Kenneth DeDario, Director of Light and Power, addressed the city Council and summarized the City'S interest and need to have agreements signed. RESOLUTION NO. 5958 - A Resolution of the city Council of the city of Vernon Authorizing the Chief Executive Officer to Execute Various Agreements with the Southern California Gas Company to Obtain a Supply of Natural Gas for the City'S Gas Turbines, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5958 be approved and adopted. Motion carried. Consideration of Agreement for Gas Sales. Communication from Kenneth DeDario, Director of Light and Power, dated July 11, 1991, was presented, transmitting a Gas Pur- chase and Sales Agreement with Signal Fuels Trading Company. 4288 I I City Council Minutes page 8 July 16, 1991 Kenneth DeDario, Director of Light and Power, addressed the city Council and summarized the agreement with signal Fuels Trading Company. David B. Brearley, City Attorney, addressed the City Council with regard to further contract information (referring to Exhibit A of said agreement). RESOLUTION NO. 5960 - A Resolution of the City Council of the City of Vernon approving and Authorizing the Execution of a Gas Purchase and Sales Agreement by and Between the City of Vernon and the Signal Fuels Trading Company, and Authorizing the Chief Executive Officer to Execute Buyer's Notices to Adjust Amounts on a Monthly Basis, was presented. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the Director of Light and Power, dated July 11, 1991 with regard to an Agreement with Signal Fuels Trading Company, be received and filed, and that Resolution No. 5960 be approved and adopted. Motion carried. The Mayor called a recess, the time being 6:06 p.m. The Council reconvened in regular session at 6:36 p.m., all members present before the recess again being present. Communication from Bruce V. Malkenhorst, City Clerk, dated July 11, 1991, was presented, advising that the property located at 3030 Atlantic Boulevard is available for sale and recommending that the Council authorize a loan to the Redevelopment Agency for the purchase of said property (deferred from earlier in this meeting). It was moved by Gonzales, seconded by Mccormick, that authority be granted to loan the Redevelopment Agency funds to assist with the purchase of property located at 3030 Atlantic Blvd. Motion carried. 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), the time being 6:38 p.m. Motion carried. All persons with the exception of the city Clerk and the city Attorney were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Councilman Davis was excused from Closed Session at 6:50 p.m. Councilman Davis resumed his seat on the Council at~oo p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the timec being 7:03 p.m. Motion carried. There being no further business to come before the Council it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ATTEST: /......./ A""--. ~ ~ /~~~c? Bruce V. Malkenhorst city Clerk ~~~: ---- L:onis C. Mal. urg, M yor .. 4~A7