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19920818 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 18, 1992 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 McCormick, that the minutes of the City Council Meeting held August 4, 1992, be approved as submitted and adopted. Motion carried. The City Clerk read the names of the employees who had achieved perfect attendance and the Mayor presented award brochures to the following and extended congratulations on behalf of the City Council. COMMUNITY SERVICES DEPARTMENT Jerry Chavez, utilityman - 2 years Brian Adel, Civil Engineering Associate - 3 years Adam Alvarez, utilityman - 3 years Steven Hartsfield, utilityman, 3 years LIGHT AND POWER DEPARTMENT Ali Nourmohamadian, Electrical Engr. Asst. - 2 years POLICE DEPARTMENT James Wohlt, Sergeant - 2 years FIRE DEPARTMENT Larry Spadt, Fire Chief - 3 years Mark Whitworth, Firefighter - 3 years Kenneth DeDario, Director of Light and Power, accepted five year perfect attendance awards on behalf of Jeff Coburn, Water/Power Dispatcher and Art Reynoso, Diesel Operator, who were unable to attend the meeting. Louis Rosenkrantz, Chief of POlice, accepted two year perfect attendance awards on behalf of Police Officers Nathan Allen and Rex Hill who were also unable to attend the meeting. The Mayor called a recess at 5:05 p.m. The Council reconvened in regular session at 5:08 p.m., all members present before the recess again being present. Police Department Activity Log for the period August 1 thru 15, 1992, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period August 1 thru 15, 1992, be received and filed. Motion carried. Fire Department Activity Report for the period August 1 thru 15, 1992, was presented. It was moved by Ybarra, seconded by Mccormick, that the Fire Department Activity Report for the period August 1 thru 15, 1992, be received and filed. Motion carried. Health Department Report for the month of July, 1992, was presented. t4.2 I I city Council Minutes page 2 August 18, 1992 It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of July, 1992 be received and filed. Motion carried. Risk Management Report for the month of July, 1992, was presented. It was moved by McCormick, seconded by Davis, that the Risk Management Report for the month of July, 1992 be received and filed. Motion carried. ORDINANCE NO. 1008 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California 1959 By Adding New Chapter lOA Relating to Gas Franchises, was read by title by the City Clerk for a Second and Final Reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1008 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Mccormick, Gonzales, Davis None None The City Clerk advised that this was the time for anyone in the audience to address the Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. 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. There was no one in the audience who wished to address the City Council at this time. It was moved by Ybarra, seconded by Gonzales, to continue with the Public Hearing to consider a request from NF Corporation for a Conditional Use Permit to operate a recycled materials processing facility at 1850 25th Street, the time being 5:16 p.m. Motion carried. (Continued from City Council Meeting held July 21, 1992.) Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1992, was presented, advising that the application for a Conditional Use Permit from NF Corporation for a recycled materials processing facility at 1850 25th Street has been withdrawn. The Director of Community Services sent notice of said withdrawal on August 6, 1992 to all parties who expressed opinions about the project, either verbal or written. Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1992, was presented, transmitting the following communications pertaining to the aforementioned request for a Conditional Use Permit and recommending that said communications be received and filed: 1. Letter from victor vaits dated July 16, 1992 submitting all supporting evidence listed therein. 2. Letter from Victor vaits dated July 21, 1992. 3. Letter from william D. Ross, Attorney, on behalf of Cedarlane Natural Foods, dated July 21, 1992. 4. Letter from Peter Digre, Director, County of Los Angeles Department of Children's Services dated July 21, 1992. 4411 I I City Council Minutes page 3 August 18, 1992 5. Letter from William D. Ross, Attorney, on behalf of Cedarlane Natural Foods, dated July 23, 1992. It was moved by McCormick, seconded by Davis, to close the Public Hearing with regard to NF Corporation, the time being 5:17 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the two communications and all documents submitted therewith from the City Clerk dated August 10, 1992 regarding NF corporation be received and filed, and that THE APPLICANT'S "Notice of Withdrawal" of his application for a Conditional Use Permit be accepted and that no further action pertaining to this applica- tion be taken. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated July 27, 1992, was presented, requesting authority and funds for Officer John Combado to attend the Latent Print Tracing Techniques Course in Bakersfield, September 21-24, 1992, with an expense allowance of $390.68 of which $310.68 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Officer John Combado to attend the Latent Print Tracing Techniques Course in Bakersfield, September 21-24, 1992, with an expense allowance of $390.68. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated August 3, 1992, was presented, trans- mitting a fully executed Grant Deed, for street purposes, from Daniel Yang and Joyce Yang for a piece of property (approximately 541 square feet) on the northwest corner of Santa Fe Avenue and 37th Street. This has been reviewed by the City Attorney, and it is hereby recommended that the Grant Deed be accepted and the Certificate of Acceptance be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the Director of Community Services dated August 3, 1992 be received and filed, and that the Grant Deed from Daniel Yang and Joyce Yang be accepted and the certificate of Acceptance be approved and executed. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated August 3, 1992, was presented, trans- mitting a fully executed Easement Deed, for utility purposes, from Anchor Partners for a piece of land (approximately 9,658 square feet) located at the northeast corner of Saco and 37th Streets. This has been reviewed by the City Attorney, and it is hereby recommended that the Easement Deed be accepted and the Certificate of Acceptance be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the Director of Community Services dated August 3, 1992 be received and filed, and that the Easement Deed from Anchor Partners be a accepted and the certificate of Acceptance be approved and executed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 6, 1992, transmitting the annual Software Support Services Agreement with U S West Communications utilized by the Police Department. The annual fee for said services will be $2,025. This has been reviewed by the Police Chief and the City Attorney, and it is hereby recommended that the agreement be approved and executed to be effective July 1, 1992 thru March 31, 1993. RESOLUTION NO. 6147 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Software Support Services Agreement with U S West Public Safety Group. 4490 I I City Council Minutes page 4 August 18, 1992 The City Clerk advised the Council that the aforemen- tioned matter should be referred back to the Police Department for further review. It was moved by Ybarra, seconded by Mccormick, that the aforementioned matter regarding an agreement with U S West Communications and Resolution No. 6147 be referred back to the Chief of Police for further review. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 6, 1992, was presented, requesting authority and funds for Police Officer Christian Moscoso to attend Laser Fire- arms Training at Biscaluiz Center, September 10, 1992, with an expense allowance of $106.16 which will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority be granted for Officer Christian Moscoso to attend Laser Firearms Training at Biscaluiz Center, September 10, 1992, with an expense allowance of $106.16. Motion carried. Communication from Victor Vaits, Director of Com- munity Services, dated August 6, 1992, was presented, transmit- ting a fully executed Grant Deed from Casino Realty, Inc. for a piece of land (approximately 700 square feet) located on the easterly line of Alcoa Avenue, approximately 200 feet south of the centerline of Leonis Boulevard. This has been reviewed by the City Attorney and it is hereby recommended that the Grant Deed be accepted, and the Certificate of Acceptance be approved and executed. It was moved by Gonzales, seconded by McCormick, that the communication from the Director of Community Services dated August 6, 1992 be received and filed, and that the Grant Deed from Casino Realty be accepted and the certificate of Acceptance be approved and executed. Motion carried. Communication from Victor vaits, Director of Com- munity Services, dated August 10, 1992, was presented, advising that Contract No. 509, Rehabilitation of Reservoir 3-2, has been completed. The total contract amount was $195,155 and a final partial payment of $1,057.50 is now due. The remaining tent, $19,515.50 is payable thirty-five days after acceptance. It is hereby recommended that the work be accepted and authority be granted to pay the contractor, Spiess Construction Company, Inc., P.O. Box 2849, Santa Maria, California 93457, in accordance with the agreement. It was moved by Ybarra, seconded by Davis, that the communication from the Director of Community Services dated August 10, 1992 be received and filed, and that his recommen- dation be approved. Motion carried. RESOLUTION NO. 6148 - A Resolution of the city council of the City of Vernon Accepting the work of Spiess Con- struction Company, Inc., in Accordance with Contract No. 509 of the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6148 be approved and adopted. Motion carried. Communication from Norman J. Michiels, Director of Environmental Health, dated August 10, 1992, was presented, requesting authority and funds for James Wilcox, Environmental Health Specialist, to attend "Leak Detection Training for Under- ground Storage Tank Inspector" in Irvine, September 24-25, 1992, with an expense allowance of $185.08. ..2f;~~.81 I I City Council Minutes page 5 August 18, 1992 It was moved by Ybarra, seconded by Davis, that authority be granted for James Wilcox to attend "Leak Detection Training for Underground storage Tank Inspector" in Irvine, September 24-25, 1992, with an expense allowance of $185.08. Motion carried. Communication from victor vaits, Director of Com- munity Services, dated August 11, 1992, was presented, advising that Contract No. 506, Traffic Pavement Striping 1991, has been completed. The total contract amount was $24,055.30, all of which has been paid. It is hereby recommended that the work be accepted. It was moved by McCormick, seconded by Gonzales, that the communication from the Director of Community Services dated August 11, 1992 be received and filed, and that his recommen- dation be approved. Motion carried. RESOLUTION NO. 6150 - 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. 506 of the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6150 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated August 13, 1992, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held August 13, 1992, for approval of the recommendations con- tained therein. Councilman Davis raised a question concerning the matter listed on the Finance Committee Agenda with regard to purchasing subsurface load break switches. Kenneth DeDario, Director of Light and Power, ad- dressed the Council in an attempt to respond to the concerns of Councilman Davis. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Finance Committee Meeting held August 13, 1992, be approved with the exception of the matter pertaining to purchasing subsurface load break switches which is to be referred back to the Director of Light and Power for clarification and thereafter resubmitted to the Finance Committee for approval. Motion carried. RESOLUTION NO. 6146 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Exe- cution of an Amendment to Workers' Compensation Self-Insurance Service Agreement By and Between the City of Vernon and Colen & Lee, Inc. Providing for an Increase in Fees for the Administra- tion of a Workers' Compensation Self-Insurance Program, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6146 be approved and adopted. Motion carried. RESOLUTION NO. 6151 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Contract for Services By and Between the City of Vernon and Neos Corporation, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6151 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 13, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held August 17, 1992, for approval of the recommendations contained therein. 44i8 I I City Council Minutes page 6 August 18, 1992 It was moved by Ybarra, seconded by aforementioned matter pertaining to approval of Committee Agenda be deferred until after Closed this date. Motion carried. Davis, that the the Personnel session later Communication from Bruce V. Malkenhorst, City Clerk, dated August 13, 1992, was presented, transmitting the Agreement for Special Services with Liebert, Cassidy & Frierson who provide special legal services pertaining to employment relations mat- ters. This has been reviewed by the Risk Manager/Personnel Assistant and the City Attorney, and it is hereby recommended that the agreement be approved and executed to be effective September 1, 1992 through February 14, 1993. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated August 13, 1992 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6152 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Exe- cution of an Agreement for special Services By and Between the City of Vernon and the Law Firm of Liebert, Cassidy & Frierson to Provide Special Legal Services pertaining to Employment Relations Matters, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6152 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 13, 1992, was presented, transmitting the Mead- Phoenix Project Agreements, the Mead-Adelanto Project Agreements and the Marketplace Agreements (which pertain to both projects). On September 23, 1991, the City Council approved a Composite Development Agreement which linked the Mead-Phoenix and Mead- Adelanto Projects together and authorized the execution of the final agreements; however, there have been changes to the pro- jects and the agreements are being resubmitted for approval. The changes relate primarily to the fact that two new participants have been added, and other minor grammatical and editorial changes. These agreements have been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recom- mended that said agreements be approved and executed. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated August 13, 1992 be received and filed, and that his recommendation be approved. Motion carried. Councilman Davis abstained from voting and dis- qualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. RESOLUTION NO. 6149 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 5985 and Approving and Authorizing the Execution of the Mead-Phoenix and Mead-Adelanto Project Agreements By and Between the City of Vernon and Various Public and Private Agencies in California and Arizona, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6149 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 financial effect on his source of income. WARRANT REGISTER NO. 845 covering claims and demands presented during the period of July 31 thru August 13, 1992, drawn on the First Interstate Bank totaling $372,138.00, which includes Demand Nos. 38377 thru 38559 (inclusive), excluding Light & Power Demands and Void Demand Nos. 38424 thru 38426 (accounting period August, 1992), was examined and audited. 4481 I I City council Minutes page 7 August 18, 1992 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 845 be approved and payment authorized for claims and demands totaling $372,138.00, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 845 covering claims and demands presented during the period of July 31 thru August 13, 1992, drawn on the First Interstate Bank totaling $1,967,665.21, which includes Light & Power Demand Nos. as listed below (accounting period August, 1992) was examined and audited: 38380 38392 38421 38460 38481 38514 38544 38384 38397 38422 38462 38485 38515 38548 38385 38399 38430 38464 38487 38517 38549 38388 38402 38438 38468 38497 38526 38550 38389 38410 38447 38469 38501 3~527 38555 38391 38414 38451 38470 38509 38535 38559 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 845 be approved and payment authorized for claims and demands totaling $1,967,665.21. 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. 433 covering claims and demands presented during the period of June 28 thru July 11, 1992, drawn on the First Interstate Bank totaling $623,890.74 which includes Demand Nos. 6649 thru 6664 (inclusive) (accounting period July, 1992) was examined and audited. It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 433 be approved and payment authorized for claims and demands totaling $623,890.74. Motion carried. ORDINANCE NO. 1009 - An Ordinance of the City Council of the City of Vernon Amending Sections 15.9, 15.20 and 15.30 of the Code of the City of Vernon Regarding Fees for Conducting Business Activities in the City of Vernon, was read by title by the City Clerk for a First Reading. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1009 be approved for a First Reading. Motion carried. RESOLUTION NO. 6132 - A Resolution of the City Council of the City of Vernon Amending Schedule II, Exhibit "A", Pages 1, 6, 13, 14, 15 and 18; Schedule III Exhibit "B"; and Deleting Subsection (a) (1) of Section 24 of Resolution No. 6123, 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. 6132 be approved and adopted. Motion carried. RESOLUTION NO. 6154 - A Resolution of the City Council of the City of Vernon Approving an Amendment to the Settlement Agreement in Proceeding No. EF91-5091-000 Before the Federal Energy Regulatory Commission Establishing a New Methodology of Rates for the Boulder Canyon Project. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6154 be removed from the Agenda. Motion carried. Consideration of adopting disability determination procedures. 448',. I I City Council Minutes page 8 August 18, 1992 RESOLUTION NO. 6153 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Procedure for Making Disability Determinations for Local Safety Members, and a Procedure for Appeals of Such Determinations. It was moved by Ybarra, seconded by Davis, that the aforementioned matter of consideration of adopting disability determination procedures and Resolution No. 6153 be referred to the next Finance Committee Meeting. Motion carried. The Mayor called a recess at 5:48 p.m. The council reconvened in regular session at 5:50 p.m., all persons present before the recess again being present. It was moved by Ybarra, seconded by McCormick, that the Council go ihto Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 5:50 p.m. Motion carried. All persons with the exception of the City Clerk, City Attorney and the Chief of Police were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. The Chief of Police was excused at 5:55 p.m. It was moved by McCormick, seconded by Gonzales, 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 Davis, seconded by Ybarra, that Police Officer James ROdriguez be orally reprimanded and that he be directed to enroll in, and successfully complete, a driver training course offered by the Sheriff's Department as a result of being found chargeable for his on-duty accident occurring July 28, 1992. Motion carried. It was moved by Davis, seconded by Gonzales, that Police Officer Scott Shonts be issued one day's suspension without pay and be directed to enroll in, and successfully complete, a driving training course offered by the Sheriff's Department as a result of being found chargeable for his on-duty accident occurring July 2, 1992. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 13, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held August 17, 1992, for approval of the recommendations contained therein. (Deferred from earlier time during this meeting.) It was moved by McCormick, seconded by Gonzales, that the recommendations listed on the Agenda for the Personnel Committee Meeting held August 17, 1992, be approved as submitted. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Code sections 54956.9(a) and 54956.9(b) (1) the time being 5:56 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk and the City Attorney. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. 4485 I I City Council Minutes page 9 August 18, 1992 It was moved by Mccormick, seconded by Ybarra, that the council go out of Closed Session and resume regular session, the time being 6:10 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. ~~:~~?~~;>. ~O'Hayor . ATTEST: /~ d Bruce V. Malkenhorst City Clerk 44:S'fJ