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19940315 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 15, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick 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 Adjourned Regular City Council Meeting held February 22, 1994, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Adjourned Regular City Council Meeting held March 8, 1994, be approved as submitted and adopted. Motion carried. The Mayor awarded Councilman William McCormick a twenty year Service Pin and extended congratulations on behalf of the entire City Council. Communication from Bruce V. Malkenhorst, City Clerk, dated March 9, 1994, was presented, advising that the below listed employees have qualified in the month of February 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 08/14/89 04/01/84 02/26/90 Ruben Herrera, utilityman 2 Year pilar Arguello, utilityman John Doersam, Firefighter 4 Year 4 Year 03/02/81 Gloria Orosco, Chief Dep. City Clerk 9 Year The Mayor presented the above listed employees with their respective awards and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their respective awards were accepted by Battalion Chief Richard Wiles: 10/24/88 01/01/67 Peter Torres, Firefighter Dave Telford, Fire Chief 2 Year 8 Year The Mayor called a recess at 5:09 p.m. The Council reconvened in regular session at 5:11 p.m., all members present before the recess again being present. Police Department Activity Log for the period March 1 thru 14, 1994, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period March 1 thru 14, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period March 1 thru 14, 1994, was presented. It was moved by Gonzales, seconded by Ybarra, that the Fire Department Activity Report for the period March 1 thru 14, 1994, be received and filed. Motion carried. 483G I I City Council Minutes Page 2 March 15, 1994 Health Department Report for the month of February, 1994, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of February, 1994 be received and filed. Motion carried. Risk Management Report for the month of February, 1994, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of February, 1994 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. There was no one who wished to address the Council at this time. ORDINANCE NO. 1015 - An Ordinance of the City Council of the City of Vernon Adopting a Trip Reduction and Travel Demand Program in Order to Implement the Congestion Management Program of the County of Los Angeles, was read by title by the City Clerk for a Second and Final Reading. It was moved by Gonzales, seconded by McCormick, that Ordinance No. 1015 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, McCormick, Davis, Gonzales None None Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1994, was presented, transmitting results as listed below of Bids opened March 8, 1994 in accordance with Contract No. 521, Traffic Pavement Striping 1994: IPS Services, Inc. Arrow Straight Marking and Striping service Orange County Striping Service, Inc. $ 37,327.33 42,877.05 52,848.02 The bids have been referred to the Interim Director of Community Services for review. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated March 10, 1994, be received and filed. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated March 7, 1994, was presented, requesting authority and funds for Environmental Specialist Leonard Grossberg to attend the HAZMACON '94 Conference in San Jose, March 29-31, 1994, with an expense allowance of $1,146.50. It was moved by Ybarra, seconded by Davis, that authority be granted for Leonard Grossberg to attend the aforementioned conference with an expense allowance of $1,146.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 9, 1994, was presented, transmitting Supplement No. 004 and Supplement No. 005 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5139 with the State of California. The City has completed resurfacing of portions of Alcoa Avenue, 26th Street, Boyle Avenue, Fruitland Avenue, Malabar street and Soto street. These streets were nominated for 4835 I I City Council Minutes Page 3 March 15, 1994 partial funding under Cycle 4 of the program and if funding is available, the City may receive up to approximately $83,276 towards the costs incurred for construction. This has been reviewed by the Interim Director of Community Services and the City Attorney, and it is hereby recommended that said supplements be approved and executed. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated March 9, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6397 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Program Supplement Numbers 004 and 005 to State- Local Transportation Partnership Program Agreement No. SLTPP-5139 By and Between the City of Vernon and the State of California, Acting By and Through the Department of Transportation, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6397 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 9, 1994, was presented, advising that the Michael P. McCaffrey Contracting Equipment Company, Inc. has requested an extension of their permit for a temporary office trailer located at 2529 Santa Fe Avenue. since their lease expires early next year, it would not be economical to construct permanent offices/facilities. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that the extension be granted to March 22, 1995, with the condition that no further extensions be approved. It was moved by Ybarra, seconded by Gonzales, to extend the permit of the Michael P. McCaffrey Contracting Equipment Company, Inc. to March 22, 1995 for their temporary office trailer. Motion carried. Mayor Malburg abstained from voting. Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1994, was presented, advising that at their meeting held November 23, 1993, City Council approved an Agreement for Environmental Services and authorized issuance of a Purchase Order to Rollins Chempak, Inc. to dispose of certain amounts of hazardous waste. Since that time the City has accumulated an additional amount of hazardous waste which we are required to dispose of within 90 days of being generated. Staff feels that an open Purchase Order should be used to expedite disposal every 90 days. The total cost for disposal is now estimated at $23,950.25. This has been reviewed by the Interim Director of Community Services and the City Attorney, and it is hereby recommended that an Amendment to the Agreement be approved and executed, and authority be granted to issue an Open Purchase Order in accordance with Proposal 3558.10 providing for disposal of hazardous wastes. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated March 10, 1994 be received and filed. Motion carried. RESOLUTION NO. 6398 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Purchase Order to Rollins Chempak, Inc., for Proposal No. 3558.10 to Transport and Dispose of Certain Amounts of Hazardous Waste Pursuant to the Existing Environmental Services Agreement, was presented. It was moved by Mccormick, seconded by Ybarra, that Resolution No. 6398 be approved and adopted. Motion carried. 4834 I I City Council Minutes Page 4 March 15, 1994 Communication from Kenneth J. DeDario, Director of Light and Power, dated March 10, 1994, was presented, requesting authority and funds to attend the Fuel Cell Commercialization Group Annual Meeting and the Santa Clara Demonstration Project Meeting and Groundbreaking in Santa Clara, April 6-8, 1994, with an expense allowance of $532.50. It was moved by McCormick, seconded by Gonzales, that authority be granted for Kenneth J. DeDario to attend the aforementioned meetings with an expense allowance of $532.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1994, was presented, recommending that Councilman Hilario Gonzales be appointed to serve on the Personnel Committee as an Alternate, and to do so in the absence of either Personnel Committee Chairman Malburg or Committee Member Davis. It was moved by Davis, seconded by Ybarra, to appoint Councilman Hilario Gonzales as an Alternate on the Personnel Committee. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 10, 1994, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held March 14, 1994, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations listed on the Agenda for the Adjourned Regular Finance Committee Meeting held March 14, 1994, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 10, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held March 14, 1994, 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 March 14, 1994, be approved. Motion carried. WARRANT REGISTER NO. 884 covering claims and demands presented during the period of March 4 thru 10, 1994, drawn on the First Interstate Bank totaling $253,826.04, which includes Demand Nos. 45931 thru 46105 (inclusive), excluding Light and Power Demands as listed below (accounting period March, 1994) was examined and audited: 45932 45933 45934 45935 45967 45968 45969 46046 46063 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 884 be approved and payment authorized for claims and demands totaling $253,826.04, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 884 covering claims and demands presented during the period of March 4 thru 10, 1994, drawn on the First Interstate Bank totaling $239,729.81, which includes Light and Power Demand Nos. as listed below (accounting period March, 1994) was examined and audited: 45936 45953 45986 45997 46032 46062 46078 46094 45942 45954 45989 46000 46033 46064 46079 46095 45943 45962 45990 46006 46039 46065 46080 46098 45947 45972 45991 46007 46047 46067 46081 46102 45948 45977 45994 46009 46054 46073 46084 46103 45950 45978 45996 46011 46058 46075 46090 46105 483:J I I City Council Minutes Page 5 March 15, 1994 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 884 be approved and payment authorized for claims and demands totaling $239,729.81. 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. 453 covering claims and demands presented during the period of January 9 thru February 5, 1994, drawn on the First Interstate Bank totaling $1,458,953.30 which includes Demand Nos. 7363 thru 7404 (inclusive) (accounting period February, 1994) was examined and audited. It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 453 be approved and payment authorized for claims and demands totaling $1,458,953.30. Motion carried. The appeal of the City Engineer's decision to deny Pan Metal Corporation an occupancy permit for warehouse use. The City of Vernon staff have recommended that the City council deny the appeal filed by Pan Metal Corporation and adopt the Findings of Fact submitted by the staff. It was moved by Davis, seconded by Gonzales, to approve the recommendation of staff to deny Pan Metal Corporation an occupancy permit for warehouse use, and to adopt the Proposed Findings of Fact submitted as part of the letter from David B. Brearley, City Attorney, dated March 8, 1994. Motion carried. The Mayor called a recess at 5:35 p.m. The Council reconvened in regular session at 5:38 p.m. 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), 54956.9(b) (1), and 54956.9(c), the time being 5:39 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, and Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session, Attorney/Client Privilege, and resume regular session, the time being 5:52 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the City support an Amicus request in the matter of Dutton vs. Quinn and that the City Attorney be authorized to execute the necessary documents. Motion carried. There being no further business to come before Council at this time, it was moved by Ybarra, seconded by McCormick, that the meeting adjourn. Motion carried. .~/0?i, ..~-{,/_._"'" ). ~.--- (.Leonis ~rg, ~r v/~L/ Bruce V. Malkenhorst, City Clerk the ATTEST: 4832