19911105 Regular City Council Meeting - Minutes
I
I
MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD NOVEMBER
5, 1991 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, Davis, Gonzales
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 October 1, 1991, be approved
as submitted and adopted. Motion carried.
RESOLUTION NO. 6001 - A Resolution of the City Council of
the City of Vernon Approving and Ratifying the Execution of aSide
Letter Agreement By and Between the Municipal Employee Relations
Representative and the Vernon Police Officers' Benefit Association
("VPBOA") (Employee Group 2) Providing for the Implementation of an
Experimental 4/10 Plan. (Deferred from the City Council Meeting held
October 22, 1991.)
It was moved by Davis, seconded by Gonzales, that
Resolution No. 6001 be deferred to the next regular City Council
Meeting to be held November 19, 1991. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the
minutes of the Adjourned Regular City Council Meeting held October
22, 1991, be approved as submitted and adopted. Motion carried.
At this time the Mayor presented a 15 Year Service pin to
Elizabeth Sawickis, Records Manager in the Police Department.
Captain Mason accepted a 10 Year Service Pin on behalf of Melody
Chancey, Secretary in the Police Department, who was unable to attend
the meeting.
The Mayor called a recess at 5:19 p.m.
The Council reconvened in regular session at 5:21 p.m.,
all members present before the recess again being present.
RESOLUTION NO. 6010 - A Resolution of the City Council of
the City of Vernon Amending Section 23, Subsection (e) and Exhibit A,
Schedule II, Page 15 of Resolution No. 5944, Which Fixed the
Compensation for Certain Employees of Said City and Authorized
Certain Expense Allowances, was presented.
It was moved by Ybarra, seconded by Davis, that Resolution
No. 6010 be approved and adopted. Motion carried.
Police Department Activity Log for the period October 16
thru 31, 1991, was presented.
It was moved by McCormick, seconded by Gonzales, that the
Police Department Activity Log for the period October 16 thru 31,
1991, be received and filed. Motion carried.
Fire Department Activity Report for the period October 16,
thru 31, 1991, was presented.
It was moved by Davis, seconded by Ybarra, that the Fire
Department Activity Report for the period October 16 thru 31, 1991,
be received and filed. Motion carried.
The Mayor asked if there was anyone in the audience who
wished to address the Council on any matter listed on the Agenda
other than with regard to any Public Hearings that may be listed.
4. 2'95
I
I
City Council Minutes
page 2
November 5, 1991
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 Kenneth J. DeDario, Director of Light
and Power, dated October 15, 1991, was presented, requesting
authority and funds for Edward LeBlanc, Electrical Engineering
Manager, to attend the California state Public utilities General
Order 95 and 128 Rules Committee Meeting in Modesto, November 6-8,
1991, with an expense allowance $370.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Edward LeBlanc to attend the California
state Public utilities General Order 95 and 128 Rules Committee
Meeting in Modesto, November 6-8, 1991, with an expense allowance of
$370. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
October 29, 1991, was presented, transmitting a report as submitted
by Sharon Duckworth, Finance Department Office Manager, pertaining to
proposed business license rate increases (approximately 10%) and some
changes to Resolution No. 5683 affecting business license taxes,
related fees and deposits pursuant to Chapter 15 of the Vernon City
Code. This has been reviewed by the City Attorney, and it is hereby
recommended that the proposed increases and changes be approved to be
effective January 1, 1992.
It was moved by McCormick, seconded by Gonzales, that the
communication from the City Clerk dated October 29, 1991 be received
and filed and that his recommendation be approved. Motion carried.
ORDINANCE NO. 1003 - An Ordinance of the City Council of
the City of Vernon Amending sections 15.29, 15.31, 15.34 and 23.10 of
the Code of the City of Vernon Regarding Fees For Conducting Business
Activities in the City of Vernon, was read by title for a First
Reading.
It was moved by Ybarra, seconded by Davis, that Ordinance
No. 1003 be approved for a First Reading. Motion carried.
Communication from Victor H. Vaits, Director of Community
Services, dated October 28, 1991, was presented, transmitting
Contract No. 499, Traffic Signal Installation, Soto street and
Bandini Boulevard-37th Street, Soto Street and Farmer John Driveway
and Soto Street and Vernon Avenue, and recommending that the contract
be approved and authority be granted to advertise for bids.
The Council asked Mr. vaits about the installation of the
signal at that location.
It was moved by Ybarra, seconded by McCormick, that the
aforementioned matter of Contract No. 499 be deferred to the next
Finance Committee Meeting to be held November 12, 1991 for further
study. Motion carried.
RESOLUTION NO. 6006 - A Resolution of the city Council of
the City of Vernon Approving Contract No. 499 and Authorizing Notice
Inviting Sealed Proposals or Bids for Traffic Signal Installation,
Soto Street and Bandini Boulevard-37th Street, Soto Street and Farmer
John Driveway and Soto Street and Vernon Avenue in Accordance with
Contract No. 499 of the City of Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that Resolution
No. 6006 be deferred to the next regular city Council Meeting to be
held November 19, 1991. Motion carried.
Communication from victor H. Vaits, Director of Community
Services, dated October 28, 1991, was presented, advising that
Contract No. 508, Washington Boulevard Resurfacing, has been
completed. The total amount of the contract was $170,212.09 and a
final partial payment of $152,690.88 is now due with the remaining
4296
I
I
City Council Minutes
page 3
November 5, 1991
ten percent, $17,021.21, payable thirty-five days after acceptance.
It is hereby recommended that the work be accepted and that authority
be granted to pay the contractor, Shawnan Corporation, 12240 Woodruff
Avenue, Downey, California 90241 in accordance with the agreement.
It was moved by McCormick, seconded by Davis, that the
communication from the Director of community Services dated October
28, 1991 be received and filed and that his recommendation be
approved. Motion carried.
RESOLUTION NO. 6007 - A Resolution of the City Council of
the City of Vernon Accepting the Work of Shawnan Corporation, in
Accordance with Contract No. 508 of the City of Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 6007 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
October 29, 1991, was presented, transmitting the 1991-1992 contract
for the City's participation in the Central and West Basin Water
Replenishment District In-Lieu Program. The purpose of this program
is to use imported water during in-lieu periods at a reduced rate in
substitution of groundwater which would otherwise be pumped during
that period, thereby replenishing the groundwater basin. This has
been reviewed by the Director of Community Services and the City
Attorney, and it is hereby recommended that said In-Lieu
Replenishment Agreement be approved and executed.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated October 29, 1991 be received
and filed and that his recommendation be approved. Motion carried.
RESOLUTION NO. 6011 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
In-Lieu Replenishment Agreement (July 1, 1991-June 30, 1992) By and
Between the City of Vernon and the Central and West Basin Water
Replenishment District, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6011 be approved and adopted. Motion carried.
Communication from Kenneth J. DeDario, Director of Light
and Power, dated October 29, 1991, was presented, requesting
authority and funds for Bob Tang, Assistant Power Engineer, to attend
the "Energy Management and the Environment" seminar in Long Beach,
November 16, 1991, with an expense allowance of $113.40.
It was moved by Ybarra, seconded by Davis, that authority
be granted for Bob Tang to attend the "Energy Management and the
Environment" Seminar in Long Beach, November 16, 1991, with an
expense allowance of $113.40. Motion carried.
Communication from Kenneth J. DeDario, Director of Light
and Power, dated October 29, 1991, was presented, requesting
authority and funds for Ramon Abueg, Associate Power Engineer, to
attend the Western Area Power Administration's Integrated Resource
Planning Conference in Las Vegas, November 12-13, 1991, with an
expense allowance of $312.45.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Ramon Abueg to attend the Western Area Power
Administration's Integrated Resource Planning Conference in Las
Vegas, November 12-13, 1991, with an expense allowance of $312.45.
Motion carried.
Communication from Bruce V. Malkenhorst, city Clerk, dated
October 30, 1991, was presented, transmitting a revised "Emergency
Ambulance Service Agreement" with the County of Los Angeles which has
been reviewed by the City Attorney, and recommending that said
agreement be approved and executed.
4297
I
I
City Council Minutes
page 4
November 5, 1991
David B. Brearley, City Attorney, addressed the City
Council and briefly summarized this matter for them.
It was moved by McCormick, seconded by Davis, that the
communication from the City Clerk dated October 30, 1991, be received
and filed and that his recommendation be approved. Motion carried.
RESOLUTION NO. 6008 - A Resolution of the City Council of
the City of Vernon Approving an Emergency Ambulance Service Agreement
By and Between the County of Los Angeles and the City of Vernon, was
presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 6008 be approved and adopted. Motion carried.
Communication from Kenneth J. DeDario, Director of Light
and Power, dated October 29, 1991, was presented, transmitting
results, as listed below, of qualifying bids received and opened
October 29, 1991, in accordance with Contract No. 8201, Air Toxics
Hot spots Air Emission Source Testing, and recommending that the
contract be awarded to South Coast Environmental Company, 1582-1 N.
Batavia, Orange, California 92667 on the basis of their bid of
$52,000:
South Coast Environmental Company
CTL Environmental Services
$52,000
54,881
It was moved by Gonzales, seconded by Ybarra, that the
communication from the Director of Light and Power dated October 29,
1991 be received and filed and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6009 - A Resolution of the City Council of
the City of Vernon Accepting the Bid of South Coast Environmental
Company for Air Toxics Hot spots Air Emissions Source Testing in
Accordance with Contract No. 8201 of the City of Vernon and Approving
the Execution of Said Contract, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6009 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated October 31, 1991, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held November 4,
1991, for approval of the recommendations contained therein.
It was moved by Davis, seconded by McCormick, that the
recommendations listed on the Agenda for the Personnel Committee
Meeting held November 4, 1991 be approved as submitted and adopted
with the exception of the matter of Lt. William Waxman which was
deferred to the next Personnel Committee Meeting to be held November
18, 1991. Motion carried.
WARRANT REGISTER NO. 826 covering claims and demands
presented during the period of October 18 thru 31, 1991, drawn on the
First Interstate Bank totaling $321,462.18, which includes Demand
Nos. 34576 thru 34759 (inclusive), excluding Light & Power Demands
and void Demands Nos. 34584 and 34618 thru 34621 (Accounting period
November, 1991) was examined and audited.
It was moved by Davis, seconded by Gonzales, that Warrant
Register No. 826 be approved and payment authorized for claims and
demands totaling $321,462.18, excluding Light and Power Demands.
Motion carried.
WARRANT REGISTER NO. 826 covering claims and demands
presented during the period of October 18 thru 31, 1991, drawn on the
First Interstate Bank totaling $1,850,282.65, which includes Light &
Power Demands Nos. as listed below (accounting period November,
1991) was examined and audited: 4298
I
I
City Council Minutes November 5, 1991
page 5
34576 34597 34609 34666 34707 34718 34741 34755
34580 34599 34615 34671 34708 34724 34742 34757
34589 34600 34630 34679 34709 34728 34743
34591 34602 34653 34699 34715 34736 34750
34592 34605 34665 34705 34717 34740 34753
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 826 be approved and payment authorized for
claims and demands totaling $1,850,282.65. 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
October 31, 1991, was presented, advising that at the City Council
Meeting held October 22, 1991, King Meat, Inc. was granted a
Variance. At the request of King Meat, the Director of Community
Services has re-evaluated the codes and at this time is recommending
that "Condition" No. 1 of the Variance be changed to read as follows:
From: 1. The opening shall be protected by a roll up door
having a fire assembly with a one-hour fire
protection rating. The door shall have fusible links.
To: 1. No structure shall be constructed within 30 feet of
the proposed opening.
Victor Vaits, Director of Community Services, addressed
the City Council and summarized this matter for them.
It was moved by Ybarra, seconded by McCormick, that the
communication from the City Clerk dated October 31, 1991, be received
and filed; and that "Condition No. 1" of the Variance previously
granted to King Meat, Inc. be changed to read as listed above.
Motion carried.
Consideration of increasing Vernon's ownership share in
the California-Oregon Transmission Project.
The City Clerk addressed the City Council and briefly
summarized this matter.
David B. Brearley, City Attorney, addressed the City
Council and highlighted information on this project.
It was moved by Gonzales, seconded by Ybarra, that
the staff study the feasibility of increasing Vernon's ownership
share in the California-Oregon Transmission Project. 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.
ORDINANCE NO. 1004 - An Ordinance of the City Council of
the City of Vernon Amending the Code of the City of Vernon by Adding
Article XI Entitled "City of Vernon Municipal Facilities Revenue Bond
Law" to Chapter 2, Administration, Relating to Powers and Procedures
to Issue Revenue Bonds for the Purpose of Financing Municipal
Facilities of the City, and Including Definitions, General
Provisions, Powers, Issuance Procedures and certain Supplemental
Provisions, was read by title for a First Reading.
David B. Brearley, City Attorney, addressed the City
Council and briefly summarized this matter.
It was moved by Gonzales, seconded by McCormick, that
Ordinance No. 1004 be approved for a First Reading. Motion carried.
4299
I
I
City Council Minutes
page 6
November 5, 1991
Consideration of granting the City Administrator authority
to execute related agreements associated with the procurement of
natural gas for the City's gas turbines in amounts not to exceed
$20,000.
David B. Brearley, City Attorney, addressed the City
Council and briefly summarized this matter for them.
It was moved by Ybarra, seconded by Davis, that authority
be granted for the City Administrator to execute related agreements,
not to exceed $20,000, associated with the procurement of natural gas
for the City's gas turbines. Motion carried.
RESOLUTION NO. 6012 - A Resolution of the City Council of
the City of Vernon Approving and Ratifying appropriations for
the Operating Costs of the Redevelopment Agency of the City of Vernon
for Fiscal Year 1988/1989, and Confirming the Loans Thereto, was
presented.
David B. Brearley, City Attorney, addressed the City
Council and briefly summarized this matter for them.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6012 be approved and adopted. Motion carried.
The Mayor called a recess at 6:25 p.m.
The Council reconvened in regular session at 6:30 p.m.,
all members 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). 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 7:00
p.m.
Councilman Davis resumed his seat on the Council at 7:05
p.m.
It was moved by McCormick, seconded by Ybarra, that the
Council go out of Closed Session and resume regular session. Motion
carried.
It was moved by McCormick, seconded by Ybarra, that the
City Attorney be authorized, on behalf of the City, to join an amicus
brief in the appeal of Trustees of the California State University v.
City of Chico, Butte Co. Superior Court No. 10265, 3rd Dist. Court of
Appeal No. 3 CIV C011604, to be filed supporting the City of Chico.
Motion carried.
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 to November 13, at 5:00 p.m. Motion carried.
ATTEST: ~ _/~~ ~/?
~ /~/~
Bruce V. Malkenhorst, City Clerk
4300
I
I
NOTICE OF AN ADJOURNMENT
OF THE CITY COUNCIL OF THE CITY OF VERNON
I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF VERNON HELD NOVEMBER 5, 1991 AT 5:00 P.M. IN
THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY,
COUNCIL TO NOVEMBER 13, 1991 AT 5 P.M. IN THE COUNCIL CHAMBERS
OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA.
/' ~'I
JiC,A- c./! .I
Br e . Malkenhorst
ci y Clerk
dd#4-<.J
rosco
ty City Clerk
:noa