Loading...
19931005 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 5, 1993 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: Malburg The meeting was called to order by Mayor Pro Tem Ybarra. It was moved by McCormick, seconded by Davis, that the Minutes of the City Council Meeting held September 21, 1993, be deferred to the next City Council Meeting to be held October 19, 1993. Motion carried. The Mayor Pro Tem awarded Police Officer Penny Turner a Five Year Service pin and extended congratulations on behalf of himself and the entire City Council. The Mayor Pro Tem called a recess at 5:04 p.m. The Council reconvened at 5:05 p.m., all members present before the recess again being present. Police Department Activity Log for the period September 16 thru 30, 1993, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period September 16 thru 30, 1993, be received and filed. Motion carried. Fire Department Activity Report for the period September 16 thru 30, 1993, was presented. It was moved by Davis, seconded by Gonzales, that the Fire Department Activity Report for the period September 16 thru 30, 1993, be received and filed. Motion carried. The City Clerk announced that now 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 Pro Tem asked if there was anyone in the audience who wished to address the Council. There was no one in the audience who wished to address the City Council. Communication from Fire Chief Dave Telford, dated August 10, 1993, was presented, requesting authority and funds for Firefighters Andy Guth and Robert Bishop to attend the Hazardous Material Specialist Module 1E in Riverside, November 8- 11, 1993, with an expense allowance of $350 each. It was moved by McCormick, seconded by Gonzales, that authority be granted for Firefighters Andy Guth and Robert Bishop to attend the Hazardous Material Specialist Module 1E in Riverside, November 8-11, 1993, with an expense allowance of $350 each. Motion carried. Communication from Victor Vaits, Interim Director of Community Services, dated September 2, 1993, was presented, requesting authority and funds for Utilityman David Roland to attend a seminar entitled "Better Warehouse Management Through Inventory Control" in Anaheim on November 3, 1993, with an expense allowance of $141.50. 4732 I I City Council Minutes page 2 October 5, 1993 It was moved by Davis, seconded by McCormick, that authority be granted for David Roland to attend a seminar entitled "Better Warehouse Management Through Inventory Control" in Anaheim on November 3, 1993, with an expense allowance of $141.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 21, 1993, was presented, requesting authority and funds to attend the 1993 CALPELRA 18th Annual Conference in Monterey, November 10-12, 1993, with an expense allowance of $915. It was moved by Gonzales, seconded by Davis, that authority be granted for Bruce V. Malkenhorst to attend the 1993 CALPELRA 18th Annual Conference in Monterey, November 10-12, 1993, with an expense allowance of $915. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 21, 1993, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilmen William Davis, Hilario Gonzales, and William McCormick, to attend the National League of cities Conference in Orlando, Florida, December 1-5, 1993, with an expense allowance of $1065 each. It was moved by McCormick, seconded by Davis, that authority be granted for the aforementioned City officials to attend the National League of Cities Conference in Orlando, Florida, December 1-5, 1993, with an expense allowance of $1065 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 27, 1993, was presented, recommending that Thomas A. Ybarra and Hilario Gonzales be appointed Voting Delegate and Alternate Voting Delegate, respectively, for the annual business meeting to be held during the National League of cities Conference in Orlando, Florida, December 1-5, 1993. It was moved by Davis, seconded by McCormick, that Thomas A. Ybarra and Hilario Gonzales be appointed Voting Delegate and Alternate Voting Delegate, respectively, for the annual business meeting to be held during the National League of Cities Conference in Orlando, Florida, December 1-5, 1993. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 22, 1993, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant, to attend the Public Employees Retirement System Training Seminar in Sacramento, October 27, 1993, with an expense allowance of $296. It was moved by Gonzales, seconded by Davis, that authority be granted for Joan Francone to attend the Public Employees Retirement System Training Seminar in Sacramento, October 27, 1993, with an expense allowance of $296. Motion carried. Communication from Leonis C. Malburg, Mayor, dated September 23, 1993, was presented, requesting to be excused from attending City Council Meetings during October and November, 1993. It was moved by Davis, seconded by McCormick, that the communication from the Mayor dated September 23, 1993, be received and filed and that his request be approved. Motion carried. 4731 I I City Council Minutes page 3 October 5, 1993 Communication from Bruce V. Malkenhorst, City Clerk, dated September 28, 1993, was presented, advising that in compliance with AQMD's Rule 1420, GNB Incorporated must install, by July 1, 1994, a ventilation system and emission control devices to reduce lead and particulate matter emissions. Because this system will increase GNB's electric load by 424 kW, they have submitted an application for service under our electric tariff schedule LEAP (Low Emission Assistance Program). This has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that GNB Incorporated's application to receive said service be approved pending final approval by the City upon completion of all installation and testing. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated September 28, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6328 - A Resolution of the City Council of the City of Vernon Approving the Application of GNB Incorporated dated August 6, 1993, to Receive Electric Service Under the City's Electric Rate Schedule No. "LEAP" for the Proposed Air Emission Control System Described in the Application, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6328 be approved and adopted. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated September 28, 1993, was presented, requesting authority and funds to attend the Hazardous Waste Association of California Annual Meeting in Irwindale, October 26, 1993, with a registration fee of $95. It was moved by Davis, seconded by Gonzales, that authority be granted for Lewis Pozzebon to attend the Hazardous Waste Association of California Annual Meeting in Irwindale, October 26, 1993, with a registration fee of $95. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 29, 1993, was presented, transmitting a Memorandum of Understanding for Coordination of Hazardous Waste Enforcement Efforts by the California Department of Toxic Substances Control and the City of Vernon. This MOU provides reassurance to businesses in the City that our program is specifically authorized by the State. This has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that said Memorandum of Understanding be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated September 29, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6330 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Understanding Respecting the Coordination of Hazardous Waste Enforcement Efforts by the California Department of Toxic Substances Control and the City of Vernon, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6330 be approved and adopted. Motion carried. 4730 I I City Council Minutes page 4 October 5, 1993 Communication from Bruce V. Malkenhorst, City Clerk, dated September 30, 1993, was presented, transmitting a proposed Agreement for Professional Services with Boyle Engineering Corporation for the addition of City offices. This has been reviewed by the Interim Director of Community Services and the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated September 30, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6331 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Services (City Offices Addition) By and Between Boyle Engineering Corporation and the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6331 be approved and adopted. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated September 30, 1993, was presented, requesting authority and funds for Environmental Specialists Tim Blank and Alex Price to attend the Hazardous Material Technician Training in Long Beach, November 15-19, 1993, with an expense allowance of $600 each for registration fees. It was moved by Davis, seconded by Mccormick, that authority be granted for Tim Blank and Alex Price to attend the Hazardous Material Technician Training in Long Beach, November 15-19, 1993, with an expense allowance of $600 each for registration fees. Motion carried. Communication from Bruce V. Malkenhorst, Municipal Employee Relations Representative, dated September 30, 1993, was presented, recommending approval and execution of a Second Side Letter Agreement with the Vernon Police Officers' Benefit Association providing for the continuation of the 4/10 Plan and various other benefits (as per the attached), and extending the Memorandum of Understanding to August 31, 2001. It was moved by Gonzales, seconded by McCormick, that the communication from the Municipal Employee Relations Representative dated September 30, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6258 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Second Side Letter Agreement By and Between the Municipal Employee Relations Representative ("MERR") of the City of Vernon and the Vernon Police Officers' Benefit Association ("VPOBA") (Employee Group 2) Providing for the Continuation of the 4/10 Plan and Extending the Memorandum of Understanding ("MOU") Until August 31, 2001, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6258 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 30, 1993, was presented, advising that the Participation Agreement for the Santa Clara Demonstration Project (as amended) contained a paragraph requiring subsequent approval by the City of the Supply Agreement, the License Agreement, the Security Agreements and the EPRI Funding Agreement as well as a requirement that the Project be fully funded. The agreements have now been finalized and reviewed by the Director of Light and Power and the City Attorney and were executed effective September 4729 City Council Minutes page 5 October 5, 1993 16, 1993. It is hereby recommended that the Project Agreements be approved, and that authority be granted for the continued expenditure of funds for the Project. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated September 30, 1993, be received and filed, and that his recommendation be approved. 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. I RESOLUTION NO. 6329 - A Resolution of the City Council of the City of Vernon Approving the Project Agreements for the Santa Clara Demonstration Project, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6329 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. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 30, 1993, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held October 4, 1993, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held October 4, 1993, be approved as submitted. Motion carried. WARRANT REGISTER NO. 873 covering claims and demands presented during the period of September 17 thru 30, 1993, drawn on the First Interstate Bank totaling $186,021.66, which includes Demand Nos. 43780 thru 43974 (inClusive), excluding Light and Power Demands and Void Demand Nos. 43793, 43794 and 43831 thru 43833 (inclusive) (accounting period October, 1993) was examined and audited. It was moved by McCormick, seconded by Davis, that Warrant Register No. 873 be approved and payment authorized for claims and demands totaling $186,021.66, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 873 covering claims and demands presented during the period of September 17 thru 30, 1993, drawn on the First Interstate Bank totaling $2,434,743.40, which includes Light and Power Demand Nos. as listed below (accounting period October, 1993) was examined and audited: 43787 43812 43845 43875 43914 43950 43965 I 43789 43813 43853 43885 43931 43954 43966 43799 43819 43867 43887 43938 43960 43967 43800 43834 43870 43892 43945 43961 43968 43804 43840 43874 43898 43949 43962 43974 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 873 be approved and payment authorized for claims and demands totaling $2,434,743.40. 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. Consideration of Disciplinary Action: Fire Captain James Dunn Fire Engineer Robert Zook Firefighter Doug Barker. 4728 I I City Council Minutes page 6 October 5, 1993 It was moved by Davis, seconded by Gonzales, that the aforementioned matter of Disciplinary Action be deferred to Closed Session, Personnel, later this date. Motion carried. Consideration of a Power Sale Agreement between San Diego Gas and Electric Company and the City of Vernon as submitted by Kenneth DeDario, Director of Light and Power, September 29, 1993. RESOLUTION NO. 6332 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of the SDG&E-Vernon Power Sales Agreement (Vernon Contract No. 93-10-03) By and Between the San Diego Gas & Electric Company and the City of Vernon. It was moved by McCormick, seconded by Gonzales, that the aforementioned consideration of a Power Sale Agreement with San Diego Gas and Electric Company, and also Resolution No. 6332 be deferred to the next City Council Meeting to be held October 19, 1993. Motion carried. Consideration of settlement - Howard Stolan It was moved by McCormick, seconded by Gonzales, that the aforementioned matter be deferred to Closed Session, Attorney/Client Privilege, later this date. Motion carried. The Mayor Pro Tem called a recess at 5:22 p.m. The Council reconvened in regular session at 5:23 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Gonzales, that the Council go into Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 5:23 p.m. Motion carried. All persons were excused from Closed Session with the exception of the City Clerk, City Attorney, Chief of Police, and Fire Chief. The Mayor Pro Tem ordered all communications to and from Closed Session deemed privileged and confidential. The Fire Chief was excused at 5:35 p.m. The Chief of Police was excused at 5:40 p.m. It was moved by Gonzales, seconded by McCormick, that the Council go out of Closed Session, Personnel, and resume regular session, the time being 5:42 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, to approve the recommendation of the Chief of Police that Officer Rex Hill be issued a written reprimand for his being in violation of department policy. Motion carried. It was moved by Davis, seconded by McCormick, to approve the recommendation of the City Clerk to pay Jim Persons for his absence of five hours on September 14, 1993. Motion carried. It was moved by McCormick, seconded by Davis, to approve the recommendation of the Fire Chief to suspend Fire Captain James Dunn, Fire Engineer Robert Zook and Firefighter Doug Barker one shift for their violation of department policies and procedures. Motion carried. 4727 I I City Council Minutes page 7 October 5, 1993 It was moved by Gonzales, 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), the time being 5:43 p.m. Motion carried. All persons were excluded from Closed session, Attorney/Client Privilege, with the exception of the City Clerk, the Director of Light and Power, and the City Attorney. The Mayor Pro Tem ordered all communications to and from Closed Session deemed privileged and confidential. The Director of Light and Power was excused at 5:50 p.m. It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session, Attorney/Client privilege, and resume regular session, the time being 5:55 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the South Coast Air Quality Management District Notice of violation No. L-07430 be settled in the amount of $1,000. Motion carried. It was moved by Gonzales, seconded by Davis, that the South Coast Air Quality Management District Notice of Violation No. L-07437 be settled in the amount of $1,000. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. '1/ f, / --;:/ fjrtv<-va,' J::YVi'ta/ Thomas A. Yb rra Mayor Pro Tem ATTEST: . /y L-/~ Bruce v. Malkenhorst City Clerk 4726-