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19931020 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 20, 1993 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, MCCormick, Davis, Gonzales MEMBERS ABSENT: Malburg (excused) Ybarra. The meeting was called to order by Mayor Pro Tem It was moved by MCCormick, seconded by Davis, that the Minutes of the City Council Meeting held September 21, 1993, be approved as submitted and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, that the Minutes of the City Council Meeting held October 5, 1993 be deferred to the next City Council Meeting to be held November 2, 1993. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1993, was presented, advising that the below listed employees have qualified in the month of September for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance. Date of Hire Emplovee Award 08/17/87 Michael Busch, Fire Captain 2 Year 11/20/57 Eugene DeFrank, Survey Party Chief 2 Year 11/30/90 James Rodriguez, Police Officer 2 Year 07/14/81 Richard Stoykovich, Utilityman 4 Year 07/01/79 Charla Duncan, Secretary 10 Year The Mayor Pro Tem presented the above listed employees with their respective rewards and extended congratula- tions on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department head: 06/29/87 02/01/70 Michael Gillman, Police Officer James Smith, Battalion Chief 2 Year 3 Year The Mayor Pro Tem called a recess at 5:07 p.m. The Council reconvened in regular session at 5:'1:0 p.m., all members present before the recess again being present. Police Department Activity Log for the period October 1 thru 15, 1993, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period October 1 thru 15, 1993, be received and filed. Motion carried. Fire Department Activity Report for the period October 1 thru 15, 1993, was presented. It was moved by Gonzales, seconded by Davis, that the Fire Department Activity Report for the period October 1 thru 15, 1993, be received and filed. Motion carried. Health Department Report for the month of september, 1993, was presented. ~~~9 I I Adjourned Regular City Council Meeting Minutes October 20, 1993 Page 2 It was moved by Davis, seconded by McCormick, that the Health Department Report for the month of September, 1993, be received and filed. Motion carried. Risk Management Report for the month of September, 1993, was presented. It was moved by Gonzales, seconded by MCCormick, that the Risk Management Report for the month of September, 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 Hear- ings that may be listed. 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 at this time. Consideration of a Power Sale Agreement between San Diego Gas and Electric Company and the City of Vernon as submit- ted by Kenneth DeDario, Director of Light and Power, September 29, 1993. (Deferred from the City Council Meeting held October 5, 1993.) It was moved by Gonzales, seconded by McCormick, that the Power Sale Agreement with San Diego Gas and Electric Company be approved and executed. 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. 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, was presented. (Deferred from the October 5, 1993 City Council meeting). It was moved by McCormick, seconded by Gonzales, that Resolution No. 6332 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 Police Chief Louis Rosenkrantz, dated August 11, 1993, was presented, requesting authority and funds for Captain James Mason to attend the Assertive Management Course in Carmel Valley, California, November 30-December 2, 1993, with an expense allowance of $726.64 of which $664.44 will be reimbursed by POST. It was moved by Gonzales, seconded by Davis, that authority be granted for Captain James Mason to attend the Assertive Management Course in Carmel Valley, California, Novem- ber 30-December 2, 1993, with an expense allowance of $726.64. Motion carried. Communication from Fire Chief Dave Telford, dated September 13, 1993, was presented, requesting authority and funds for Firefighter Robert Bishop to attend the Hazardous Material Specialist Module 1F in Riverside, November 29-December 3, 1993, with an expense allowance of $350 for registration. I I Adjourned Regular City Council Meeting Minutes October 20, 1993 Page 3 It was moved by MCCormick, seconded by Gonzales, that authority be granted for Firefighter Robert Bishop to attend the Hazardous Material Specialist Module 1F in Riverside, November 29-December 3, 1993, with an expense allowance of $350 for registration. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated October 4, 1993, was presented, requesting authority and funds for Police Officer Todd Slezak and Sergeant Soloman Benudiz to attend the Legal Update Course in Long Beach, November 18-20, 1993, with an expense allowance of $328 each of which $304 will be reimbursed by POST for each. It was moved by Davis, seconded by Gonzales, that authority be granted for Officer Todd Slezak and Sgt. Soloman Benudiz to attend the Legal Update Course in Long Beach, November 18-20, 1993, with an expense allowance of $328 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated October 4, 1993, was presented, requesting authority and funds for Police Officers Charles Solano and Randy Phillips to attend the California Narcotics Officers' Association Training Seminar in South Lake Tahoe, California, November 9-12, 1993, with an expense allowance of $693.16 for Officer Solano only. Officer Phillips expenses will be paid by Los Angeles Impact Drug Team. It was moved by MCCormick, seconded by Davis, that authority be granted for Officers Charles Solano and Randy Phillips to attend the California Narcotics Officers' Association Training Seminar in South Lake Tahoe, California, November 9-12, 1993, with an expense allowance of $693.16 for Officer Solano only. Motion carried. Communication from Victor H. Vaits, Interim Director of Community Services, dated October 6, 1993, was presented, advising that Contract No. 518, Resurfacing of Various Streets, has been completed, and the total contract amount (including Extra Work Orders Nos. 1 and 2) was $181,182.69. A final partial payment of $163,064.42 is now due with the remaining ten percent, $18,118.27, payable thirty-five days after acceptance. The City of Huntington Park participated in this agreement at a cost to them for their portion of $15,810.01. It is hereby recommended that the work be accepted and authority granted to pay the contractor, SUlly-Miller Contracting Company, 3000 East South Street, Long Beach, California 90805, in accordance with the agreement. It was moved by Davis, seconded by Gonzales, that the communication from the Interim Director of Community Services dated October 6, 1993 be received and filed, and that his recom- mendation be approved. Motion carried. RESOLUTION NO. 6333 - A Resolution of the City Council of the City of Vernon Accepting the Work of SUlly-Miller Contracting Company, In Accordance with Contract No. 518 of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis,that Resolution No. 6333 be approved and adopted. Motion carried. Communication from victor H. Vaits, Interim Director of Community Services, dated October 7, 1993, was presented, transmitting a fully executed Grant Deed, for street purposes, from Y.I. Properties, Inc. for a portion of property (approxi- mately 1209 square feet) on the northwest corner of Vernon Avenue and Downey Road. 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. 4738 I I Adjourned Regular City Council Meeting Minutes October 20, 1993 Page 4 It was moved by McCormick, seconded by Gonzales, that the Grant Deed from Y.I. Properties, Inc. be accepted and the Certificate of Acceptance be approved and executed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 13, 1993, was presented, advising that Mobil oil Corporation is requesting permission to maintain and operate approximately 8475 feet of 8" pressurized petroleum pipeline in 26th street. This has been reviewed by the Interim Director of Community Services and the City Attorney and it is hereby recom- mended that the Encroachment License Agreement be approved and the Mayor and City Clerk authorized to execute same. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated October 13, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6334 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 377 By and Between the City of Vernon and Mobil Oil Corporation, was pre- sented. It was moved by McCormick, seconded by Davis, that Resolution No. 6334 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 7, 1993, was presented, transmitting a Water Right License and Agreement with Darling-Delaware Company, Inc. which grants the City a license to extract 65 acre-feet of Darling- Delaware Company's Allowed Pumping Allocation at a cost of $120 per acre-foot or a total of $7,800 during the period July 1, 1993 through June 30, 1994. 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 Gonzales, seconded by Davis, that the communication from the City Clerk dated October 7, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6335 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License and Agreement By and Between the City of Vernon and Darling Delaware Company, Inc., Which Grants the City of Vernon a License to Extract 65 Acre-Feet of Allowed Pumping Allocation for the Period July 1, 1993 Through June 30, 1994, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6335 be approved and adopted. Motion carried. PAYROLL WARRANT REGISTER NO. 448 covering claims and demands presented during the period of August 8 thru September 18, 1993, drawn on the First Interstate Bank totaling $2,192,445.75 which includes Demand Nos. 7163 thru 7207 (inclu- sive), (accounting period September, 1993) was examined and audited. It was moved by Davis, seconded by McCormick, that Payroll Warrant Register No. 448 be approved and payment autho- rized for claims and demands totaling $2,192,445.75. Motion carried. 4'731 I I Adjourned Regular City Council Meeting Minutes October 20, 1993 Page 5 WARRANT REGISTER NO. 874 covering claims and demands presented during the period of October 1, 1993, thru October 14, 1993, drawn on the First Interstate Bank totaling $181,994.08, which includes Demand Nos. 43975 thru 44157 (inclusive), exclud- ing Light & Power Demands and void Demands as listed below, (accounting period October, 1993) was examined and audited: 43994 43995 44020 44021 44022 44099 44114 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 874 be approved and payment authorized for claims and demands totaling $181,994.09, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 874 covering claims and demands presented during the period of October 1 thru October 14, 1993, drawn on the First Interstate Bank totaling $242,130.13, which includes Light & Power Demand Nos. as listed below, (accounting period October, 1993) was examined and audited: 43982 44045 44103 44129 43984 44047 44107 44135 43986 44049 44111 44143 43998 44053 44116 44146 44005 44057 44120 44150 44023 44063 44123 44151 44029 44089 44125 44153 44041 44100 44128 44157 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 874 be approved and payment authorized for claims and demands totaling $242,130.13. 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 Finance, dated October 14, 1993, was presented, transmitting the Minutes of the Finance Committee Meeting held October 12, 1993, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the Minutes of the Finance Committee Meeting held October 12, 1993, be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 14, 1993, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held October 18, 1993 for approval of the recommendations contained therein. The City Clerk advised that he is recommending that the matter pertaining to Julio Valdez be deferred at this time and taken back to the Personnel Committee for further delibera- tion. It was moved by approve the recommendations nel Committee Meeting to be exception of Julio Valdez. Gonzales, seconded by Davis, to listed on the Agenda for the Person- held October 18, 1993 with the Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 14, 1993, was presented, transmitting the agenda for the Adjourned Regular Finance Committee meeting to be held October 19, 1993. It was moved by McCormick, seconded by Gonzales, that the recommendations listed on the agenda for the Adjourned Regular Finance Committee Meeting held October 19, 1993 be approved and adopted. Motion carried. 4 736 I I Adjourned Regular City Council Meeting Minutes October 20, 1993 Page 6 Communication from Ken DeDario, Director of Light & Power, dated October 13, 1993, was presented, requesting authori- ty and funds for Edward LeBlanc, Electrical Engineering Manager, to attend the Fall 1993 General Orders 95 and 128 Committee Meeting in Pleasanton, California, November 2 to 5, 1993, with an expense allowance of $563.00. It was moved by Gonzales, seconded by Davis, that authority be granted for Edward LeBlanc to attend the Fall 1993 General Orders 95 and 128 Committee Meeting in Pleasanton, Cali- fornia, November 2 to 5, 1993, with an expense allowance of $563. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1993, was presented, advising that there has been an adjustment by the County to the Contract cities Trust Fund Surcharge Rate effective September 1, 1993. Based on this, Los Angeles County has revised the Joint Indemnity Agreement between the County and the City of Vernon. This revised agree- ment has been reviewed by the Interim Director of Community Services and the City Attorney and it is hereby recommended that said agreement be approved and the Mayor and City Clerk be authorized to execute same. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated October 14, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6336 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Revised Joint Indemnity Agreement By and Between the City of Vernon and the County of Los Angeles, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6336 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, MERR, dated October 14, 1993, was presented, advising that based on Council's approval of the Second Side Letter Agreement for Group 2 of the Vernon Police Officers Benefit Association, it is hereby recom- mended that the terms agreed to therein be incorporated into a resolution which provides for compensation and certain expense allowances for employees. It was moved by McCormick, seconded by Gonzales, that the communication from the Municipal Employee Relations Represen- tative dated October 14, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6337 - A Resolution of the City Council of the City of Vernon Amending sections 6, 7, 8, 9, and 22, Subsections (a), (c), (d), and (n), pages 7, 8, 12, 28, 29, 30, and 33, of Resolution No. 6277, Which Fixed the Compensation for Certain Employees of Said City and Authorized certain Expense Allowances, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6337 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1993, was presented, transmitting a copy of a "Contract Amendment Cost Analysis" (which is also available for review in the City Clerk's office) received from PERS pertaining to "One Year Final Compensation" for police members. In accor- dance with Section 7507 of the Government Code this is to advise that the estimated annual dollar increase is $83,000.00 ($6,830,846.64 x .01202) to amend the PERS Contract to add Section 20024.2 (One Year Final Compensation) and recommending that approval be granted to begin the amendment process. 4735 I I Adjourned Regular City Council Meeting Minutes October 20, 1993 Page 7 It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated October 14, 1993 be received and filed, and approval granted to begin the amendment process with PERS regarding "One Year Final compensation" for police members. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1993, was presented, advising that during the fiscal year preliminary budget review approval was received regarding providing the "2% @ 55" PERS formula for miscellaneous employees. Transmitted herewith is a copy of a "Contract Amend- ment Cost Analysis" (which is also available for review in the City Clerk's office) received from PERS pertaining to said amendment to the contract for "2% @ 55" (Section 21251.132) for miscellaneous members. In accordance with section 7507 of the Government Code this is to advise that the estimated annual dollar increase is $13,000 ($7,570,121.04 x .00171 = $12,944.90) to amend the PERS contract to add section 21251.132 and recom- mending that approval be granted to commence with the amendment process at this time. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated October 14, 1993 be received and filed, and approval granted to commence with the amendment process with PERS regarding "2% at 55" for miscella- neous members. Motion carried. ORDINANCE NO. 1016 - An Ordinance of the City Council of the City of Vernon Creating the Industrial Development Author- ity of the City of Vernon and Declaring Itself to be the Board of Directors for the Authority was read by title by the City Clerk for a First Reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1016 be approved for a First Reading. Motion carried. RESOLUTION NO. 6338 - A Resolution of the City Council of the City of Vernon Inducing the Acquisition and Construction of Manufacturing Facilities in the City by Clougherty Packing Company, to be Financed from the Proceeds of Tax-Exempt Revenue Bonds, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6338 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 14, 1993, was presented, transmitting a Grant of Easement from Haydon E. Eaves, III, of Crow-Slusser-Vernon #1, Limited Partnership and James D. Flynn, of Copley Advisors, Inc., for the southeast corner of Slauson Avenue and Malburg Way (portion of Parcel 8 of Parcel Map No. 19848) to cover electric facilities for the Laguna Bell-Leonis-Vernon 66 kv transmission line in Vernon. This has been reviewed by the Director of Light & Power, and the Interim Director of Community Services. It is hereby recommended that the Grant of Easement be approved, the Certificate of Acceptance be accepted, and the Mayor and City Clerk be authorized to execute same. It was moved by Gonzales, seconded by Davis, that the Grant of Easement from Haydon E. Eaves, III and James D. Flynn be accepted and the Certificate of Acceptance be approved and executed. Motion carried. The Mayor Pro Tem called a recess at 5:30 p.m. The Council reconvened in regular session at 5:32 p.m., all members present before the recess again being present. 47,34 I I Adjourned Regular City Council Meeting Minutes October 20, 1993 Page 8 It was moved by McCormick, seconded by Gonzales, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Code section 54956.9(a), the time being 5:32 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk and the City Attorney. The Mayor Pro Tem ordered all communications to and from Closed Session deemed privileged and confidential. Councilman Davis was excused at 5:45 p.m. Councilman Davis returned at 5:50 p.m. It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session, Attorney/Client Privilege, and resume regular session, the time being 5:51 p.m. Motion car- ried. It was moved by McCormick, seconded by Davis, that the City Attorney be authorized to file a petition in the Superi- or Court in the decision issued by the Court of Appeal in Norton, etc. v. City of Vernon, 2CIVB063500/Los Angeles County Case No. BC019405. Motion carried. It was moved by Davis, seconded by Gonzales, to approve the proposed settlement in the case of Vernon v. David Patrick McCall, Case No. 90C01921N (Southeast Municipal Court), a former Police Officer. 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. ~~~~: &~ld:~'tJttV Mayor Pro Tem ~/4/# Bruce V. Malkenhorst City Clerk ATTEST: ~ 4>73i3 I I NOTICE 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 TO BE HELD OCTOBER 19, 1993 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 CLERK (QUORUM NOT PRESENT) TO WEDNESDAY, OCTOBER 20, 1993 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. By Gloria J. Orosco Chief Deputy City Clerk NOA