Loading...
19921020 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 20, 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, Gonzales, Davis 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 6, 1992, be approved as submitted and adopted. Motion carried. The City Clerk advised that a California Highway Patrol representative was in attendance to present a "10851 pin Award" to Vernon Police Officer Charles Solano for his superior efforts in vehicle theft recovery. Sergeant Joe Palmer, California Highway Patrol, Southern Division Vehicle Theft Investigation Unit, addressed the City Council and advised that the Highway Patrol recognizes officers in the County and State who display exemplary performance in vehicle theft recovery. Sgt. Palmer stated that requirements are 12 Grand Theft Auto recoveries over a twelve month period. He advised that Officer Solano recovered the twelve stolen autos of which five were occupied that resulted in suspect arrests. Due to his effort the California Highway Patrol wanted to award him with a pin which acknowledges him for his outstanding performance in this area. Dick Melendrez, Office Manager of the Huntington Park office of the Automobile Club of Southern California, addressed the City Council advising that the Auto Club works in conjunction with the California Highway Patrol in this program, and extended his congratulations to Officer Solano and presented a placque and certificate to him. Officer Charles Solano was congratulated by the City Council and staff for his exemplary performance in vehicle theft recovery. The Mayor called a recess at 5:10 p.m. The Council reconvened at 5:12 p.m., all members present before the recess again being present. The City Clerk read the names of the employees who had achieved perfect attendance and the Mayor presented award brochures to the following personnel and extended congratulations on behalf of the City Council: COMMUNITY SERVICES DEPARTMENT Richard Stoykovich, Utilityman - 3 years FIRE DEPARTMENT James Smith, Battalion Chief - 2 years HEALTH DEPARTMENT Charla Duncan, Secretary - 9 years The Chief of Police accepted a two year perfect attendance award on behalf of Sergeant Mason Chancey who was unable to attend the meeting. The Mayor called a recess at 5:15 p.m. ii:3? I I city Council Minutes page 2 October 20, 1992 The Council reconvened at 5:16 p.m., all members presented before the recess again being present. Police Department Activity Log for the period October 1 thru 15, 1992, was presented. It was moved by Ybarra, seconded by McCormick, that the Police Department Activity Log for the period October 1 thru 15, 1992, be received and filed. Motion carried. Fire Department Activity Report for the period October 1 thru 15, 1992 was presented. It was moved by Davis, seconded by Gonzales, that the Fire Department Activity Report for the period October 1 thru 15, 1992, be received and filed. Motion carried. Health Department Report for the month of September, 1992, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of September, 1992 be received and filed. Motion carried. Risk Management Report for the month of September, 1992, was presented. It was moved by Davis, seconded by Ybarra, that the Risk Management Report for the month of september, 1992, be received and filed. Motion carried. The City Clerk advised the City Council that now was the time for anyone in the audience to address the City 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 City Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. John Guerra, Community Affairs Manager for the Southern California Gas Company and Dave Carroll, Project Superintendent for the Southern California Gas Company Transmission Department, addressed the Council concerning the letter appeal dated October 1, 1992, filed by the Gas Company appealing the failure of the City Engineer to grant an Encroachment License Permit to the Gas Company. Communication from David H. Carroll, Project Superintendent with the Southern California Gas Company, dated October 1, 1992, appealing the City Engineer's failure to grant to the Southern California Gas Company its application for an Encroachment Permit filed May 28, 1992, was presented. David B. Brearley, City Attorney, addressed the City Council and advised that since the Gas Company has filed an appeal of the City Engineer's failure to grant an Encroachment Permit to Southern California Gas Company, he recommended that a Hearing regarding this matter should be set. Mr. Brearley also advised the City Council that he was submitting a letter to the City Council providing his recommendation to set a Hearing and to establish procedures which would be followed during said hearing. Communication from David B. Brearley, City Attorney, dated October 19, 1992, was presented, recommending that a hearing be set and that procedures for hearing the appeal requested by the Southern California Gas Company regarding its application for an Encroachment Permit filed May 28, 1992 be established. 4536 I I City Council Minutes page 3 October 20, 1992 The City Clerk recommended that the Hearing be set for October 29, 1992 at 5 p.m. this date. Mayor Malburg asked if there were any objections to It was moved by Ybarra, seconded by Gonzales, that (1) the communications from the City Attorney dated October 19, 1992, and Southern California Gas Company dated October 1, 1992, be received and filed; (2) that a Hearing be set for October 29, 1992 at 5 p.m. before the City Council to consider the matter of the Southern California Gas Company's appeal regarding its May 28, 1992 application for an Encroachment License Permit; and (3) that the City Attorney's recommendation to establish procedures contained in his letter of October 19, 1992, be approved for the scheduled Hearing. Motion carried. Mr. Carroll asked if he could address the City Council to which he was acknowledged. Mr. Carroll stated: Everything has been submitted on behalf of the Gas Company that they could possibly set forth, he would like to go on record that he does not agree with the hearing process itself. All the information has been submitted previously and there isn't anything further to be submitted. Mr. Guerra stated: It appears that now we have to go through an unnecessary process of this hearing. We have always dealt with the Public Works Department and now we have a hearing to attend. Mr. Brearley stated: The Gas Company's letter of October 1, 1992 has appealed the City Engineer's decision to the City Council in accordance with Ordinance No. 607. Therefore, evidence needs to be presented to the City Council for its consideration when the City Council considers the appeal. The information has previously been submitted to the City Engineer for his decision. My letter of October 19, 1992 has set forth the hearing procedures and he handed a copy of the procedures to Mr. Guerra. Mr. Brearley stated that it was his understanding that the Gas Company's attorneys believe the City has denied their request for this permit and have filed this appeal as directed by the Court in Los Angeles Superior Court Case No. BS 017468. Mr. Carroll stated: No, I don't believe a decision has been received from Victor Vaits, nor do I believe that we have advised anyone a decision has been made. Mr. Brearley stated: Pursuant to the filed appeal of the Gas Company, I have recommended to the City Council that the City Council should proceed with the Hearing in order to present the evidence to the City Council. Mr. Guerra stated: Then we will proceed with the next process, and am I correct in understanding that this hearing is going to be next Thursday at 5 p.m. Mayor Ma1burq stated: Yes, that is correct. 4535 I I City Council Minutes page 4 October 20, 1992 The Mayor also asked if there was anyone else who wished to address the council on this matter. Bill Ralph, civil Engineer for Central Basin Municipal Water District advised that he was here to see what was going to happen at this time as the District had some interest here. Mr. Brearley also gave a copy of the hearing procedures which the council has approved for the upcoming Southern California Gas Company appeal Hearing on October 29th to Mr. Ralph. ORDINANCE NO. 1010 - An Ordinance of the City council of the City of Vernon Amending section 2.10-1 of the Code of the City of Vernon Pertaining to Claims and Demands Against the City of Vernon, was read by title for a Second and Final Reading. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1010 be approved and adopted. Motion carried Ayes: Malburg, Ybarra, Gonzales, McCormick, Davis Noes: None Absent: None Communication from Bruce V. Malkenhorst, City Clerk, dated September 29, 1992, was presented, advising that in accordance with Government Code section 87306.5 (which was added in 1990 to the Political Reform Act, Chapter 1075), you are hereby advised that there are no amendments necessary to the Conflict of Interest Code for the City of Vernon and the City of Vernon Redevelopment Agency. (Deferred from the City Council Meeting held October 6, 1992.) It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated September 29, 1992 be received and filed. Motion carried. The City Clerk read the results of bids opened at 2 p.m. this date in accordance with Contract No. 514, Traffic Pavement Striping 1993, and which are listed below: IPS - San Bernardino $37,283.70 $29,590.62 Arrow Straight Marking and Striping - Riverside Orange County Striping Service, Inc. - Orange $40,153.55 It was moved by McCormick, seconded by Ybarra, that the bids be accepted and that they be referred to the Director of Community Service for further review. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated September 22, 1992, was presented, requesting authority and funds for Sergeant Mason Chancey to attend a "Sergeant/Team Leader" Seminar in Santa Rosa, California, November 18-20, 1992, with an expense allowance of $772.16 of which $734.12 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Sgt. Mason Chancey to attend a "Sergeant/Team Leader" Seminar in Santa Rosa, California, November 18-20, 1992, with an expense allowance of $772.16. Motion carried. 4534 I I City Council Minutes page 5 October 20, 1992 Communication from Bruce V. Malkenhorst, City Clerk, dated October 5, 1992, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant, to attend the Public Employees Retirement System Public Agency Coalition in Sacramento, November 10, 1992, with an expense allowance of $293.00. It was moved by McCormick, seconded by Ybarra, that authority be granted for Joan Francone to attend the Public Employees Retirement System Public Agency Coalition in Sacramento, November 10, 1992, with an expense allowance of $293. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 13, 1992, was presented, transmitting the In-Lieu Replenishment Agreement with the Water Replenishment District of Southern California which allows Vernon to adjust their pumping and purchases to obtain maximum savings while replenishing the basin. The agreement has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the agreement be approved and executed to be effective July 1, 1992 thru June 30, 1993. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated October 13, 1992, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6173 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an In-Lieu Replenishment Agreement, July 1, 1992 - June 30, 1993 By and Between the City of Vernon and the Water Replenishment District of Southern California, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6173 be approved and adopted. Motion carried. Communication from Norman J. Michiels, dated October 14, 1992, was presented, requesting authority and funds to attend the 1992-93 Southern California Air Quality Management District Regulation XV Update Training in Anaheim, December 10, 1992, with an expense allowance of $135.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Norman J. Michiels to attend the 1992-93 Southern California Air Quality Management District Regulation XV Update Training in Anaheim, December 10, 1992, with an expense allowance of $135.00. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 15, 1992, was presented, transmitting the Mandated Cost (SB90) Claiming Agreement for Fiscal Year 1992-93 with David M. Griffith and Associates which provides consulting services for filing of claims and reimbursable state mandated costs. Claims will be filed for 1991-92 actual costs and, where applicable, 1992-93 estimated costs. The fixed fee will increase by $500 to $3950 with a contingent fee equal to 30 percent of the claims filed to a maximum of $3500. The maximum contingency fee in the 1991-92 agreement was $7000, and the City was reimbursed $96,459 by the State. This has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated October 15, 1992, be received and filed, and that his recommendation be approved. Motion carried. 4533 I I City Council Minutes page 6 October 20, 1992 RESOLUTION NO. 6175 ~ A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to provide Mandated Cost Claiming Services By and Between the City of Vernon and David M. Griffith and Associates, Ltd. for Fiscal Year 1992-1993, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6175 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 15, 1992, was presented, advising that a Computation Report is being compiled by Kenneth 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 at their meeting on October 20, 1992. Based on the actual fuel expenses and revenues, and Southern California Edison company's forecast for the next three months, it is hereby recommended that the new factor of $-0.01997 be adopted to be effective for all bills rendered from November 1, 1992. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated October 15, 1992, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6174 - 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 Ybarra, seconded by Davis, that Resolution No. 6174 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 15, 1992, was presented, recommending that the following two agreements be approved: 1. A new Deferred Compensation Plan Document which amends and restates the existing City plan; and also incorporates all changes required under the Tax Reform Act of 1986, The Technical and Miscellaneous Reconciliation Act of 1988, and current tax regulations. 2. An Administrative and Communications Services Agreement between the City, Great-West Life and its subsidiary, Benefits corporation Equities. Agreement No. 2 will set forth in writing the administrative duties being undertaken on the City's behalf by Great-West Life in accordance with their investment program. Both agreements have been reviewed by our attorneys. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated October 15, 1992, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6176 - A Resolution of the City Council of the City of Vernon Adopting a Deferred Compensation Plan, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6176 be approved and adopted. Motion carried. RESOLUTION NO. 6177 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Administrative and Communications Services Agreement By and Between the City of Vernon, The Great-West Life Assurance Company and Benefits Corp Equities, Inc. to Provide /' -.? '7 ^i...:7 ..;; 0<:- I I City Council Minutes page 7 October 20, 1992 Administrative and Communication Services for the City and Its Employees for an Investment Program Offered to City Employees Pursuant to the City's Deferred compensation Plan, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6177 be approved and adopted. Motion carried. Communication from Kenneth DeDario, Director of Light and Power, dated October 15, 1992, was presented, requesting authority and funds for Edward LeBlanc, Electrical Engineering Manager, .to attend the General Order 95/128 General Meeting in Redding, California, November 3-5, 1992 with an expense allowance of $544.40. It was moved by Gonzales, seconded by Mccormick, that authority be granted for Edward LeBlanc to attend the General Order 95/128 General Meeting in Redding, California, November 3- 5, 1992, with an expense allowance of $544.40. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 15, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held October 19, 1992, 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 October 19, 1992, be approved as submitted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 15, 1992, was presented, transmitting the Minutes of the Finance Committee Meeting held October 13, 1992, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the minutes of the Finance Committee Meeting held October 13, 1992, be approved as submitted. Motion carried. RESOLUTION NO. 6171 - A Resolution of the city Council of the City of Vernon Superseding Resolution Nos. 6014, 6047, and 6153 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 Gonzales, seconded by McCormick, that Resolution No. 6171 be approved and adopted. Motion carried. RESOLUTION NO. 6172 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment to Liability Self-Insurance Agreement with Colen & Lee, Inc, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6172 be approved and adopted. Motion carried. WARRANT REGISTER NO. 849 covering claims and demands presented during the period of October 2 thru 15, 1992, drawn on the First Interstate Bank totaling $240,359.46, which includes Demand Nos. 39199 thru 39411 (inclusive), excluding Light & Power Demands and Void Demand Nos. 39257 thru 39261 (inclusive) and 39343 (accounting period October, 1992) was examined and audited. It was moved by Davis, seconded by Ybarra, that Warrant Register No. 849 be approved and paYment authorized for claims and demands totaling $240,359.46, excluding Light & Power Demands. Motion carried. 4531 I I City Council Minutes page 8 October 20, 1992 WARRANT REGISTER NO. 849 covering claims and demands presented during the period of October 2 thru 15, 1992, drawn on the First Interstate Bank totaling $476,901.74, which includes Light & Power Demand Nos. as listed below (accounting period October, 1992) was examined and audited: 39200 39226 39247 39274 39294 39319 39362 39405 39201 39242 39250 39277 39297 39324 39381 39410 39209 39243 39251 39278 39302 39330 39387 39210 39244 39254 39279 39304 39333 39397 39216 39245 39263 39283 30306 39344 39398 39217 39246 39268 39292 39309 39349 39402 It was moved by Ybarra, seconded by Mccormick, that Warrant Register No. 849 be approved and payment authorized for claims and demands totaling $476,901.74. 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. 435 covering claims and demands presented during the period of August 9 thru September 5, 1992, drawn on the First Interstate Bank totaling $1,534,395.20 which includes Demand Nos. 6705 thru 6746 (inclusive) (accounting period September, 1992) was examined and audited. It was moved by Ybarra, seconded by McCormick, that Payroll Warrant Register No. 435 be approved and payment authorized for claims and demands totaling $1,534,395.20. Motion carried. The Mayor called a recess at 5:55 p.m. The Council reconvened in regular session at 6 p.m., all persons present before the recess again being present. It was moved by Ybarra, seconded by Mccormick, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Code sections 54956.9(a) and 54956.9(b)1 and 54956.9(c), the time being 6 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. The Mayor was excused at 6:05 p.m. The Mayor resumed his seat at 6:15 p.m. Councilman Davis was excused at 6:25 p.m. Councilman Davis returned at 6:40 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:41 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Attorney be authorized, on behalf of the City, to join the amicus brief in the City of San Jose v. Superior Court, Michael B., Real Party in Interest, Case No. 5027847, to be filed by the City of San Diego at the request of the League of California cities Legal Advisory Committee. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 6:42 p.m. Motion carried. 4530 I I City Council Minutes page 9 October 20, 1992 All persons were excluded with the exception of the City Clerk. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by Gonzales, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:50 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, at the meeting be adjourned to October 29, 1992 at 5 p.m. Motion carried. ATTEST: ft- Bruce V. -~ Malkenhorst, City Clerk 4529 I I ORDER OF ADJOURNMENT OF MEETING 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 OCTOBER 20, 1992 AT 5 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 (QUORUM PRESENT) TO OCTOBER 29, 1992 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA ~ (/~. / 1 OA.<:~t:'" y I( d~;,--d:~'0 ~uce V. Malkenhorst ~.~ City Clerk NOA