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19911119 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 19, 1991 AT 4:45 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, McCormick, Davis MEMBERS ABSENT: Malburg, Gonzales The meeting was called to order by Mayor Pro Tem Ybarra. It was moved by Davis, seconded by McCormick, that the minutes of the City Council Meeting held November 5, 1991, be approved as sub~itted and adopted. Motion carried. It was moved by McCormick, seconded by Davis, that the minutes of the Adjourned Regular City Council Meeting held November 13, 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 a Side Letter Agreement By and Between the Municipal Employee Relations Representative and the Vernon Police Officers' Benefit Association ("VPOBA") (Employee Group 2) Providing for the Implementation of an Experimental 4/10 Plan, was presented. (Deferred from the City Council Meeting held November 5, 1991. ) It was moved by Davis, seconded by McCormick, that Resolution No. 6001 be deferred to the next City Council meeting. Motion carried. The City Clerk read the names of employees who achieved Per- fect Attendance and the Mayor Pro Tem extended congratulations on behalf of the City Council and presented gift brochures to the following: Three Years - Adrian Yasutake Four Years - Jerry Schreiber Ten Years - Ron Anderson Fire Chief Spadt accepted a Two Year Award on behalf of Gary wiskus who was unable to attend the meeting; and Kenneth DeDario, Director of Light and Power, accepted a Three Year Award on behalf of Jesus Martinez. The Mayor Pro Tem called a short recess, the time being 5:26 p.m. The Council reconvened in regular session at 5:28 p.m., all members present before the recess again being present. Police Department Activity Log for the period November 1 thru 15, 1991, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period November 1 thru 15, 1991, be received and filed. Motion carried. Fire Department Activity Report for the period November 1 thru 15, 1991, was presented. It was moved by Davis, seconded by McCormick, that the Fire Department Activity Report for the period November 1 thru 15, 1991, be received and filed. Motion carried. Health Department Report for the month of October, 1991, was presented. It was moved by McCormiCk, seconded by Davis, that the Health Department Report for the month of October, 1991, be received and filed. Motion carried. 43 O':J' I I City Council Minutes page 2 November 19, 1991 Risk Management Report for the month of October, 1991, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of October, 1991, be received and filed. Motion carried. At this time, the Mayor Pro Tem 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. There was no one in the audience who wished to address the City Council on any matter on the Agenda at this time. It was moved by Davis, seconded by McCormick, to open the Public Hearing to consider an application from Allied supply Company for a Variance to use non-conforming truck docks at property located at 4700 48th street, the time being 5:30 p.m. Motion carried. victor Vaits, Director of Community Services, addressed the city Council and briefly summarized this matter for them. Communication from Bruce V. Malkenhorst, City Clerk, dated November 5, 1991, was presented, advising that Allied supply Company has requested a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4700 48th Street, and transmitting the following evidence: 1. Application for Variance 2. Affidavit of posting and mailing 3. Notice of Public Hearing 4. Property owners list statement, property owners list and 300 foot radius map 5. Engineer's Report The building has two non-conforming truck docks measuring approximately 10 feet wide and 32 feet from the street right-of-way. The company is proposing to use only vehicles of a smaller length at these docks. This has been reviewed by the Director of Community services and the City Attorney, and it is hereby recommended that the Variance be approved contingent upon the following "Condition:" 1. The usage of the loading spaces shall be limited to vehicles with a maximum length of 32 feet. It was moved by Davis, seconded by McCormick, to close the Public Hearing with regard to the request for a Variance from Allied Supply Company, the time being 5:32 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the com- munication from the City Clerk dated November 5, 1991, presented during the Public Hearing, be received and filed, and that his recommendation be approved contingent upon adherence to the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6013 - A Resolution of the city Council of the City of Vernon Granting a Variance to Allied Supply Company from section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 4700 48th Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6013 be approved and adopted. Motion carried. 4304 I I City Council Minutes page 3 November 19, 1991 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. (Deferred from the City Council Meeting held November 5, 1991.) The City Clerk advised that the aforementioned matter of Contract No. 499 was discussed in the Finance Committee Meeting held November 14, 1991, and that the members of the Committee concurred that the City Council should proceed with this Contract. It was moved by McCormick, seconded by Davis, that the com- munication from the Director of Community Services dated October 28, 1991 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6006 - A Resolution of the City Council of the City of Vernon Approving Contract No. 499 and Authorizing Notice In- viting 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. (Deferred from the City Council Meeting held November 5, 1991.) It was moved by Davis, seconded by McCormick, that Resolution No. 6006 be approved and adopted. 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 Activ- ities in the City of Vernon, was read by title for a Second and Final Reading. Motion carried. Ayes: Absent: Noes: Ybarra, Davis, McCormick Malburg, Gonzales None Communication from Kenneth J. DeDario, Director of Light and Power, dated November 5, 1991, was presented, requesting authority and funds for Jim Siegert, Power Plant Superintendent, to attend a seminar entitled "Legal Aspects of Employee Discipline & Evaluation" in Ontario, California, January 6, 1992, with an expense allowance of $140.00. It was moved by McCormick, seconded by Davis, that authority be granted for Jim Siegert to attend a seminar entitled "Legal Aspects of Employee Discipline & Evaluation" in Ontario, California, January 6, 1992, with an expense allowance of $140.00. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 14, 1991, was presented, advising that we have been advised by the Community Services Department that there is an urgent need to pur- chase an automatic control water valve at an approximate cost of $25,000. This valve controls the City's water flow and the present valve is worn out and not working properly which hampers our control. It is hereby recommended that authority be granted for the Purchasing Department to go out to bid for the purchase of "one 16" Willamette Ball Valve." This item was budgeted. It was moved by McCormick, seconded by Davis, to authorize the Purchasing Department to go out to bid for the purchase of one 16" Willamette Ball Valve. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 14, 1991, was presented, transmitting a State-Local Entity Master Agreement (No. SLTPP-5139) as submitted by the state of Calif- ornia Department of Transportation. This has been reviewed by the Di- rector of Community Services and the City Attorney, and it is hereby recommended that the agreement be approved and executed and that a reso- lution be adopted approving same. 4 aos I I City Council Minutes page 4 November 19, 1991 It was moved by Davis, seconded by McCormick, that the com- munication from the City Clerk dated November 14, 1991, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6017 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a State-Local Entity Master Agreement No. SLTPP-5139 By and Between the City of Vernon and The State of California, Acting By and Through the Department of Transportation, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6017 be approved and adopted. Motion carried. RESOLUTION NO. 6015 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance and Sale of Not to Exceed $70,000,000 Principal Amount of Revenue Bonds to Finance the Vernon Electric System Transmission Capacity Projects, Approving the Related Indenture of Trust and Official statement, and Authorizing Related Documents and Official Actions, was presented. It was moved by Mccormick, seconded by Davis, that Resolution No. 6015 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 13, 1991, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held November 14, 1991, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recom- mendations listed on the Agenda for the Adjourned Regular Finance Com- mittee Meeting held November 14, 1991, be approved. Motion carried. RESOLUTION NO. 6016 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. 1 to the Agreement for Professional Services By and Between the City of Vernon and Harmony & Associates Providing for Newsletter Preparation Services, was presented. It was moved by MCCormick, seconded by Davis, that Resolution No. 6016 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Person- nel, dated November 14, 1991, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held November 18, 1991, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Bavis, that the afore- mentioned matter of approving the Personnel Committee Agenda be deferred until after Closed Session later this date. Motion carried. RESOLUTION NO. 6014 - A Resolution of the City Council of the City of Vernon Superseding Resolution No. 5683 and Establishing the Rates for Business License Taxes and Related Fees and Deposits Pursuant to Chapter 15 of the Vernon City Code, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6014 be approved and adopted. Motion carried. WARRANT REGISTER No. 827 covering claims and demands pre- sented during the period of November 1 thru 14, 1991, drawn on the First Interstate Bank totaling $488,299.60, which includes Demand Nos. 34760 thru 34948 (inclusive), excluding Light & Power Demands and void De~ands as listed below (accounting period November, 1991) was examined and audited: 34798 34799 34800 34801 34802 34914 34920 It was moved by Davis, seconded by McCormick, that Warrant Register No. 827 be approved and payment authorized for claims and demands totaling $488,299.60, excluding Light and Power Demands. Motion carried. 430~ City Council Minutes page 5 November 19, 1991 WARRANT REGISTER No. 827 covering claims and demands pre- sented during the period of November 1 thru 14, 1991, drawn on the First Interstate Bank totaling $710,853.37, which includes Light & Power Demand Nos. as listed below (accounting period November, 1991) was examined and audited: 34761 34795 34826 34855 34911 34940 34764 34803 34829 34859 34913 34943 34766 34810 34831 34861 34914 34944 34767 34813 34833 34868 34916 34946 34768 34814 34835 34874 34919 34772 34815 34837 34882 34921 I 34775 34816 34840 34889 34922 34778 34817 34845 34895 34924 34785 34820 34847 34897 34933 34786 34822 34848 34900 34936 34791 34825 34850 34901 34939 The City Attorney advised that since the payment of bills must be approved by three (3) votes and if the bills are not approved at this meeting the city would incur substantial interest penalties therefore he indicated that under the rule of necessity Councilman Davis would be permitted to vote on the bills relating to the Southern California Edison Company. He further advised that he would prepare a written opinion to the City Clerk on this matter. It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 827 be approved and payment authorized for claims and de- mands totaling $710,853.37. Motion Carried. Councilman Davis voted on this matter pursuant to the advice of the City Attorney. PAYROLL WARRANT REGISTER No. 423 covering claims and demands presented during the period of September 8 thru October 19, 1991, drawn on the First Interstate Bank Totaling $2,157,380.07 which includes De- mand Nos. 6208 thru 6350 (inclusive) (accounting period October, 1991), was examined and audited. It was moved by McCormick, seconded by Davis, that Payroll Warrant Register No. 423 be approved and payment authorized for claims and demands totaling $2,157,380.07. Motion carried. The Mayor Pro Tem called a recess at 5:43 p.m. The Council reconvened in regular session at 5:46 p.m., all members present before the recess again being present. I It was moved by Davis, seconded by McCormick, that the Council go into Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 5:46 p.m. Motion carried. All persons with the exception of the City Clerk, City Attorney, Police Chief and Police Captain were excused from Closed Session. The Mayor Pro Tem ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by Davis, seconded by McCormick that the Council go out of Closed Session and resume regular session the time being 5:55 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that Officer Daniel Vincent be issued two weeks (80 hours) suspension without pay for his being in violation Sections 40.03 and 400.37 of the Manual of Policy, Ethics & Procedures of the Police Department. Motion carried. It was moved by McCormick, seconded by Davis, that the recom- mendations listed on the Agenda of the Personnel Committee Meeting held November 18, 1991, be approved as submitted and adopted. Motion carried. 4307 I I City Council page 6 November 19, 1991 It was moved by Davis, seconded by McCormick, that the City Council recess to Closed Session Attorney/Client privilege pursuant to Government Code Section 54956.9(a), the time being 5:56 p.m. Motion carried. Chairman Pro Tern Ybarra ordered all communications to and from Closed Session deemed privileged and confidential. All persons with the exception of the City Clerk and the city Attorney were excluded from Closed Session. It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session and resume regular session the time being 6:00 p.m. Motion carried. There being no further business to come before the Council at this time it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. ~~ Bruce V. Malkenhorst City Clerk ATTEST: ^ 4,3"0 .i) .