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19940118 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 18, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS ~F 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. Minutes of the City Council Meeting held January 4, 1994. I 1993. 1994.) 1993. 1994. ) Minutes of the City Council Meeting held December 21, (Deferred from the City Council Meeting held January 4. Minutes of the City council Meeting held December 7, (Deferred from the City Council Meeting held January 4, It was moved by Ybarra, seconded by Mccormick, that the aforementioned Council Meeting Minutes dated December 7, 21, 1993 and January 4, 1994, be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 12, 1994, was presented, advising that the below listed employees have qualified in the month of December 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 Employee Award 12/02/91 Dawn James, Engineering Aide 2 Year 02/26/90 Steven Coster, Firefighter 2 Year 06/01/68 Thomas Igyarto, Police Sergeant 2 Year 03/09/86 Daniel Garcia, Power Scheduler 3 Year 11/01/65 Marvin King, Utilityman 3 Year 11/08/89 Frank Saldana, Utilityman 4 Year 01/18/87 David Soto, Utilityman 4 Year 10/16/68 Leslie Brown, Police Lieutenant 4 Year 12/01/57 John Kriste, Fire Engineer 5 Year The Mayor presented the above listed employees with their respective awards and extended congratulations on behalf of the entire City Council. I The following employees were unable to attend the meeting and their awards were accepted by their respective department head: 12/02/91 02/01/65 04/28/85 Joseph Binstein, System Operator John Bicknell, Fire Engineer Donald Quiroz, Diesel operator 2 Year 2 Year 5 Year The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Police Department Activity Log for the period January 1 thru 15, 1994, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period January I thru 15, 1994, be received and filed. Motion carried. 4802 I I City Council Minutes page 2 January 18, 1994 Fire Department Activity Report for the period January 1 thru 15, 1994, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period January 1 thru 15, 1994, be received and filed. Motion carried. Health Department Report for the month of December, 1993, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of December, 1993, be received and filed. Motion carried. Risk Management Report for the month of December, 1993, was presented. It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of December, 1993, be received and filed. Motion carried. The City Clerk advised 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 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 who wished to address the Council at this time. Communication from Bruce V. Malkenhorst, City Clerk, dated December 29, 1993, was presented, transmitting Amendments to the Administrative Services Agreement with Mutual of Omaha (GUSI-2R04 Medical and GUSI-2R05 Dental) pertaining to the ASO fees for the PPO Plan. These agreements have been reviewed by the Risk Manager and the City Attorney, and it is hereby recommended that the agreements be approved and executed. (Deferred from the City Council Meeting held January 4, 1994.) It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated December 29, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6368 - A Resolution of the City Council of the City of Vernon (1) Approving and Authorizing the Execution of Amendment No. 1 to Exclusive Provider Option Administrative Services Agreement (EPSI-4H15) and Amendment No. 5 to Administrative Services Agreement (GUSI-2R04 and GUSI-2R05); and (2) Approving and Ratifying the Execution of Amendment Nos. 1 and 4 to Administrative Services Agreement (GUSI-2R04 and GUSI- 2R05) By and Between the City of Vernon and united of Omaha Life Insurance Company, was presented. (Deferred from the City Council Meeting held January 4, 1994.) It was moved by Davis, seconded by McCormick, that Resolution No. 6368 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 3, 1994, was presented, requesting authority and funds for Sergeant Solomon Benudiz to attend the California Robbery Investigation Training Seminar in Reno, Nevada, February 9-11, 1994, with an expense allowance of $390.90. 4BOt I I City Council Minutes page 3 January 18, 1994 It was moved by Ybarra, seconded by Gonzales, that authority be granted for Sgt. Solomon Benudiz to attend the aforementioned seminar with an expense allowance of $390.90. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 4, 1994, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilmen Hilario Gonzales and William Davis to attend the California Society of Municipal Finance Officers' 1994 Annual Seminar in Riverside, February 27-March 1, 1994, with an expense allowance of $622 each. It was moved by McCormick, seconded by Ybarra, that authority be granted for the above listed city officials to attend the aforementioned seminar with an expense allowance of $622 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 10, 1994, was presented, requesting authority and funds for himself and Councilman William Davis to attend the California Municipal utility Association Conference in Palm Springs, March 1-4, 1994, with an expense allowance of $924.50 each. It was moved by Gonzales, seconded by Ybarra, that authority be granted for the above listed city officials to attend the aforementioned conference with an expense allowance of $924.50 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 10, 1994, 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 League of California cities Employee Relations Institute in San Diego, February 24-25, 1994, with an expense allowance of $716 each. It was moved by McCormick, seconded by Davis, that authority be granted for the above listed city officials to attend the aforementioned conference with an expense allowance of $716 each. Motion carried. Communication from Elizabeth Watson of the law offices of Greenberg, Glusker, Fields, Claman & Machtinger, dated January 12, 1994, was presented, submitted on behalf of Pan Metal corporation, owner of property located at 4890 South Alameda Street, an appeal regarding "the Decision of the Director of Community Services dated December 20, 1993" concerning said property. The City Attorney addressed the Council and recommended that this matter be referred to the Interim Director of Community Services for his preparation of a report to the City Council at their next regular meeting. It was moved by Ybarra, seconded by Davis, that the communication from Elizabeth Watson dated January 12, 1994, be deferred to the next City Council Meeting, and that the Interim Director of Community Services prepare a report to the Council for the next regular meeting addressing the circumstances concerning this matter. Motion carried. Communication from victor H. Vaits, Interim Director of Community Services, dated January 12, 1994, was presented, transmitting Contract No. 519, Traffic Signal Modernization, Soto Street and Leonis Boulevard, and recommending that the contract be approved and authority granted to advertise for bids. ow I I City Council Minutes page 4 January 18, 1994 It was moved by McCormick, seconded by Gonzales, that the communication from the Interim Director of Community Services dated January 12, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6374 - A Resolution of the City Council of the City of Vernon Approving Contract No. 519 and Authorizing Notice Inviting Sealed Proposals or Bids for Traffic Signal MOdernization, Soto Street and Leonis Boulevard, In Accordance with Contract No. 519 of the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6374 be approved and adopted. Motion carried. Communication from Fire Chief Dave Telford, dated January 12, 1994, was presented, requesting authority and funds for Battalion Chief James smith to attend the Haz Mat Transportation Accident Seminar in Los Angeles, January 28-29, 1994, with an allowance of $550 for the registration fee. It was moved by McCormick, seconded by Gonzales, that authority be granted for Battalion Chief James smith to attend the aforementioned seminar with an allowance of $550 for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 12, 1994, was presented, advising that a Computation Report is being compiled by Kenneth J. DeDario, Director of Light & Power, which will determine the Energy Cost Adjustment Billing Factor for the next three month period and will be submitted to the Council at their meeting to be held January 18, 1994. 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 be adopted effective for all bills rendered from February 1, 1994. The City Clerk advised Council that the factor is a negative $0.02445 per kilowatt hour. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated January 12, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6375 - 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 McCormick, seconded by Davis, that Resolution No. 6375 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 13, 1994, was presented, transmitting results of bids opened January 11, 1994 in accordance with Bid No. 1330 for one 75 kVA Padmount Transformer and one 2500 kVA Padmount Transformer for the Light and Power Department, and advising that said bids have been referred to the Light and Power Department for further review: 1- Cooper Power Systems $30,017.73 2. ABB 29,667.00 3. Howard Industries 31,450.96 4. G.E. 35,160.68 5. Pauwels Transformers No Bid 4799 I I City Council Minutes page 5 January 18, 1994 The City Clerk announced that the bids had been reviewed by the Director of Light and Power, and recommended that Bid No. 1330 be split between the two vendors who can supply the transformers with the lowest annual operating costs. The recommendation is: G.E. for one 2500 kVA Transformer in the amount of $28,362.58; and Howard Industries for one 75 kVA Transformer in the amount of $5,346.57. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated January 13, 1994 be received and filed; that Bid No. 1330 be accepted; and that a purchase order be issued to G.E. for one 2500 kVA Padmount Transformer in the amount of $28,362.58, and a purchase order issued to Howard Industries for one 75 kVA Padmount Transformer in the amount of $5,346.57. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 13, 1994, was presented, requesting authority and funds for Councilmen William McCormick and william Davis to attend the Independent cities Association Annual winter seminar in Santa Barbara, February 18-20, 1994, with an expense allowance of $854 each. It was moved by Ybarra, seconded by Gonzales, that authority be granted for the above listed City officials to attend the aforementioned seminar with an expense allowance of $854 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 13, 1994, was presented, transmitting a service Agreement with Pacificorp under FERC Electric Tariff Volume No. 3, Service Schedule PPL-3. This agreement gives the City the ability to purchase firm capacity and energy and also non-firm energy, and will be used to displace higher cost capacity and energy. This has been reviewed by the Director of Light and Power 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 January 13, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6376 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Service Agreement with Pacificorp Under FERC Electric Tariff Volume No. 3 Service Schedule PPL-3, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6376 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 13, 1994, was presented, advising that GNB Battery Technologies, located at 2700 Indiana Street, has requested a Variance from the 1991 Uniform Building Code, section 507, Maximum Height of Building and Increases, and submitting herewith the Engineer's Report as prepared by staff of the Community Services Department. The company is proposing to extend one existing structure from the current 48 feet in height to 63 feet in height using a Type II-N construction. The maximum height of a Type II-N structure is 55 feet. Based upon staff's Engineer's report no additional hazards will be introduced if the Variance is granted. This has been reviewed by the Interim Director of Community Services and the Fire Chief, and it is hereby recommended that the Variance be granted to allow construction to a height of 63 feet contingent upon the following Conditions: 4~98 I I City Council Minutes page 6 January 18, 1994 1. The structure be constructed in a manner that meets the classification of a Type II-N building and shall be no higher than 63 feet in height above the floor grade. 2. All equipment and processed material within the structure shall be non-combustible. 3. Upon any change in tne use or occupancy within the structure, the building shall be lowered to 55 feet in height. Victor Vaits, Interim Director of Community Services, addressed the Council and advised that Condition No. 2 should be changed for the sake of clarity and will read as follows: 2. Materials processed within the structure shall consist of batteries which shall be classified no greater than class 5 commodities as specified in the Uniform Fire Code. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated January 13, 1994 be received and filed, and that the Variance be granted to GNB Battery Technologies contingent upon the aforementioned Condition Nos. 1 thru 3. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 13, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held January 17, 1994, for approval of the recommendations contained therein. The City Clerk advised that the Personnel Committee Meeting to be held January 17, 1994 was adjourned due to lack of a quorum and recommended that the Council proceed with acting on the items listed on said Agenda and read the recommended actions to be taken: Merit Step Increase for Mariano Gonzales to utilityman III, Step 2 in the Community Services Department, with a new monthly base salary of $2764, effective February 6, 1994. It was moved by Ybarra, seconded by Davis, that the recommendation of the Director of Personnel to grant Mariano Gonzales a merit step increase be approved. Motion carried. Hire Jerry Ronald Chavez Jr. as Dispatcher, Step 7 in the Police Department, with a monthly salary of $2005, effective January 4, 1994, with continued employment contingent upon his satisfactory completion of the background process including a job related physical. It was moved by McCormick, seconded by Davis, that the recommendation of the Director of Personnel to hire Jerry Ronald Chavez Jr. be approved. Motion carried. Accept and ratify the 36 Month Employment Agreement By and Between Police Officer Azam Flores and the City of Vernon effective January 10, 1994. It was moved by Ybarra, seconded by Gonzales, that the recommendation of the Director of Personnel to accept and ratify the 36 Month Employment Agreement of Officer Azam Flores be approved. Motion carried. Merit step increase for Kimberly Brown to Transcriber/Typist, Step 7 in the Police Department, with a new monthly base salary of $2005, effective February 20, 1994. 4797 I I City Council Minutes page 7 January 18, 1994 It was moved by Davis, seconded by Ybarra, that the recommendation of the Director of Personnel to grant Kimberly Brown a merit step increase be approved. Motion carried. Reimburse Police Lieutenant steve Towles $626.86 from the Education and Training Appropriation Account for his satisfactory completion of courses taken during the Fall 1993 Quarter at California state University Los Angeles. It was moved by McCormick, seconded by Gonzales, that the recommendation of the Director of Personnel to reimburse Lt. steve Towles be approved. Motion carried. Merit step Increase for Daveau Meek to Dispatcher, step 2 in the Police Department, with a new monthly base salary of $2620, effective February 6, 1994. It was moved by Ybarra, seconded by Davis, that the recommendation of the Director of Personnel to grant Daveau Meek a merit step increase be approved. Motion carried. Merit step increase for Malcolm Herrington to Dispatcher, step 5 in the Police Department, with a new monthly base salary of $2231, effective February 20, 1994. It was moved by Davis, seconded by McCormick, that the recommendation of the Director of Personnel to grant Malcolm Herrington a merit step increase be approved. Motion carried. Merit step increase for Ana Bedoy to Dispatcher, step 6, in the Police Department, with a new monthly base salary of $2215, effective February 20, 1994. It was moved by Ybarra, seconded by Gonzales, that the recommendation of the Director of Personnel to grant Ana Bedoya merit step increase be approved. Motion carried. Advance Mark Dressen to Police Officer, step 4, with a new monthly base salary of $3240, effective February 9, 1994 in accordance with Section 2.5 of the Memorandum of Understanding dated March 1, 1988. It was moved by McCormick, seconded by Davis, that the recommendation of the Director of Personnel to advance Officer Mark Dressen be approved. Motion carried. Reimburse Fire Engineer Brad Miller $70 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Rancho Santiago College. It was moved by Davis, seconded by Ybarra, that the recommendation of the Director of Personnel to reimburse Fire Engineer Brad Miller be approved. Motion carried. Reimburse Electronics Technician curtis Kirkland $1,000 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at the National Radio Institute. It was moved by McCormick, seconded by Ybarra, that the recommendation of the Director of Personnel to reimburse Curtis Kirkland be approved. Motion carried. Merit step increase for Kathleen Cano to Account Clerk, Step 3 in the City Clerk's/Purchasing Department, with a new monthly base salary of $2609, effective February 17, 1994. It was moved by McCormick, seconded by Davis, that the recommendation of the Director of Personnel to grant Kathleen Cano a merit step increase be approved. Motion carried. 47B~ I I City Council Minutes January 18, 1994 page 8 Accept the resignation (for retirement purposes) of Fire Captain Mel Wiles, dated December 31, 1993, effective February 17, 1994 at the end of his shift. It was moved by McCormick, seconded by Ybarra, that the recommendation of the Director of Personnel to accept the resignation (for retirement purposes) of Fire Captain Mel wiles be approved. Motion carried. Merit step increase for Gary Wiskus to Battalion Chief, step 1, with a new monthly base salary of $6167, effective February 6, 1994. It was moved by Ybarra, seconded by McCormick, that the recommendation of the Director of Personnel to grant Battalion Chief Gary wiskus a merit step increase be approved. Motion carried. Reimburse Administrative Aide Christopher Romero $932 from the Education and Training Appropriation Account for the costs incurred for the Fall 1993 Semester at University of Southern California in pursuit of his Master's Degree. This recommendation is on an individual basis and is not intended to cover all employees. It was moved by Davis, seconded by Gonzales, that the recommendation of the Director of Personnel to reimburse Christopher Romero be approved. Motion carried. Merit step increase for Dan Simon to Fire Captain, step 1, with a new monthly base salary of $5126, effective February 6, 1994. It was moved by Ybarra, seconded by McCormick, that the recommendation of the Director of Personnel to grant Fire Captain Dan Simon a merit step increase be approved. Motion carried. Disciplinary Action - Police Officer Charles Solano. It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to Closed Session, Personnel, later this date. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 13, 1994, was presented, transmitting the Minutes of the Finance Committee Meeting held January 11, 1994 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the Minutes of the Finance Committee Meeting held January 11, 1994 be approved. Motion carried. WARRANT REGISTER NO. 880 covering claims and demands presented during the period of December 30, 1993 thru January 13, 1994, drawn on the First Interstate Bank totaling $255,230.11, which includes Demand Nos. 45082 thru 45288 (inclusive), excluding Light & Power Demands and Void Demands as listed below (accounting period January, 1994) was examined and audited: 45087 45090 45127 45131 45147 45148 45149 45150 45243 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 880 be approved and payment authorized for claims and demands totaling $255,230.11, excluding Light and Power Demands. Motion carried. 4795 I I City Council Minutes page 9 January 18, 1994 WARRANT REGISTER NO. 880 covering claims and demands presented during the period of December 30, 1993 thru January 13, 1994, drawn on the First Interstate Bank totaling $1,850,111.11, which includes Light and Power Demand Nos. as listed below (accounting period January, 1994) was examined and audited: 45084 45122 45153 45173 45207 45232 45275 45288 45085 45123 45157 45177 45210 45244 45278 45100 45126 45159 45181 45216 45246 45279 45106 45136 45160 45185 45218 45258 45281 45107 45137 45163 45190 45222 45268 45284 45111 45142 45165 45198 45224 45269 45285 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No., 880 be approved and payment authorized for claims and demands totaling $1,850,111.11. 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. 451 Covering claims and demands presented during the period of November 14 thru December 11, 1993, drawn on the First Interstate Bank totaling $1,477,906.75 which includes Demand Nos. 7286 thru 7320 (inclusive) (Accounting period December, 1993) was examined and audited. It was moved by Mccormick, seconded by Gonzales, that Payroll Warrant Register No. 451 be approved and payment authorized for claims and demands totaling $1,477,906.75. Motion carried. The Mayor called a recess at 5:56 p.m. The Council reconvened in regular session at 5:57 p.m., all persons 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 5:58 p.m. Motion carried. All persons were excluded from Closed Session, Personnel, with the exception of the City Clerk, the Police Chief, and the City Attorney. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. The Police Chief was excused at 6:15 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session, Personnel, and resume regular session the time being 6:18 p.m. Motion carried. Consideration of Disciplinary Action - Police Officer Charles Solano. (Deferred from earlier in the meeting.) It was moved by Gonzales, seconded by Davis, that Officer Charles Solano be issued a written reprimand for his on- duty accident occurring on December 27, 1993. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Code sections 54956.9(a) and 54956.9(c), the time being 6:19 p.m. Motion carried. All persons were excluded from Closed Session, Attorney/Client Privilege, with the exception of the city Clerk and the city Attorney. 4794 I I City Council Minutes page 10 January 18, 1994 The Mayor ordered all communications to and from the Closed Session, Attorney/Client Privilege, deemed privileged and confidential. Councilman Davis was excused at 6:26 p.m. Councilman Davis returned at 6:30 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session, Attorney/Client Privilege, and resume regular session, the time being 6:32 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Attorney be authorized to file an Amicus Brief on behalf of the City of Vernon and the County of San Bernardino and Inland Counties Emergency Medical Agency, et al. vs. County of San Bernardino, et al. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Attorney be authorized on behalf of the City of Vernon to send a letter to the California Regional Water Quality Control Board, Central Valley Region, in support of the proposed settlement agreement among DuRite Cleaners, the City of Turlock and the California Regional Water Quality Control Board. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ~~' Mayor ATTEST: ~ ~~ A-/~ Bruce V. Malkenhorst City Clerk 4793