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19940830 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 30, 1994 AT 5:10 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Davis, Gonzales, McCormick, Malburg (arrived at 5:20 p.m.) MEMBERS ABSENT: None The meeting was called to order by Mayor Pro Tern Ybarra. It was moved by Gonzales, seconded by Davis, that the Minutes of the City Council Meeting held August 16, 1994, be approved as submitted and adopted. Motion carried. At this time, Mayor Pro Tern Ybarra awarded Service pins to the following employees and extended congratulations on behalf of the entire Council: Carol Childers, Engineering Aide - 15 years Richard Recano, Diesel Operator - 10 years Luis Reynoso, Utilityman - 10 years william Wilson, Engineering Aide - 10 years Ruben Herrera, utilityman - 5 years Manuela Giron, Account Clerk - 5 years The following employees were unable to attend the meeting and their Service Pins were accepted by their respective department head: Rose Gonzales, Secretary - 15 years Pat Keye, Utility Clerk - 10 years The Mayor Pro Tern called at recess at 5:15 p.m. The Council reconvened in regular session at 5:18 p.m., all members present before the recess again being present. 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 Tern asked if there was anyone in the audience who wished to address the Council at this time. There was no one who wished to address the Council at this time. The City Clerk advised the Council that the following item and communications pertaining thereto should be removed from the Agenda and no further action taken at this time. PUBLIC HEARING to consider a request from Adhesive Products, Inc. for a Variance to allow the tenant to utilize one non-conforming truck loading space at 4727 48th Street. (CONTINUED FROM THE CITY COUNCIL MEETING HELD AUGUST 16, 1994.) It was moved by McCormick, seconded by Gonzales, that the Public Hearing and related documents pertaining to the request for a Variance from Adhesive Products, Inc., be removed from the Agenda. Motion carried. At 5:20 p.m. Mayor Malburg arrived and assumed the Chair. t~3 I I Adjourned City Council Meeting Minutes August 30, 1994 Page 2 Communication from Police Chief Louis Rosenkrantz dated August 10, 1994, was presented, requesting authority and funds for Officer Daniel Calleros to attend the Western states Safe and Burglary Investigators Training Seminar in Lake Tahoe, Nevada, September 18-22, 1994, with an expense allowance of $677.88. It was moved by Ybarra, seconded by Davis, that authority be granted for Officer Daniel Calleros to attend the aforementioned seminar with an expense allowance of $677.88. Motion carried. Communication from Dave Telford, Fire Chief, dated August 10, 1994, was presented, requesting authority and funds for the below listed Fire Department personnel to attend the Hazardous Material Specialist Upgrade Course, Module 1F, in Corona, September 26-30, 1994, with an allowance of $350 each for registration: William Niesley, Captain Dave Kimes, Captain David Moore, Engineer Rory Moore, Firefighter It was moved by McCormick, seconded by Gonzales, that authority be granted for the above listed Fire Department personnel to attend the aforementioned course with an allowance of $350 each for registration. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 16, 1994, was presented, advising that the Light and Power Department is requesting a battery to be utilized as an alternate power source at the Leonis Substation in the event of A.C. power failure. This request was previously reviewed by the Finance Committee; however, clarification was needed (which has been addressed) and due to the urgency, it is hereby submitted with the recommendation that approval be granted for the purchase of one GNB-Absolyte II Battery at an approximate cost of $14,917.44. This was included in the budget. It was moved by Ybarra, seconded by Davis, to approve the purchase of one GNB-Absolyte II Battery for the Light and Power Department at an approximate cost of $14,917.44. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 16, 1994, was presented, advising that the Light and Power has requested to purchase overhead transformers, and this matter was originally reviewed by the Finance Committee on August 9th and proposals were accepted; however, clarification was requested (which has been addressed) and due to the urgency and need for ordering various transformers, it is hereby recommended that authority be granted to issue five separate purchase orders to the below listed vendors for the estimated quantities based on the lowest operating cost quoted. Vendor Number of Transformers Total Howard Industries Cooper Industries A.B.B. Kuhlman Central Moloney 25 9 79 12 50 $ 38,526.18 17,049.38 86,571.86 16,510.29 80.737.18 GRAND TOTAL $ 239,394.89 (&92 I I Adjourned City Council Meeting Minutes August 30, 1994 Page 3 It was moved by Ybarra, seconded by Davis, that authority be granted to issue purchase orders to the above listed five vendors at the costs shown for the purchase of overhead transformers for the Light and Power Department. Motion carried. Communication from Fire Chief Dave Telford, dated August 18, 1994, was presented, requesting authority and funds to attend the Workshop for Fire Chiefs and City Managers in Beaumont, September 28-30, 1994, with an allowance of $250 for the registration fee. It was moved by Ybarra, seconded by Davis, that authority be granted for Fire Chief Dave Telford to attend the aforementioned workshop with an allowance of $250 for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 22, 1994, was presented, advising that staff has reviewed proposals which were received pertaining to installing cable satellite dishes at City owned houses/apartments. Best T.V. & Satellite has provided the best proposal to install the dishes (tax, labor and material included) at an approximate total cost of $44,000. This was not specifically budgeted; however, funds are available and it is hereby recommended that authority be granted for Best T.V. & Satellite to install cable satellite dishes at City houses and one at the apartment complex on 50th Street at a cost of approximately $44,000. It is also recommended that a monthly $20 cable maintenance fee per house or apartment, to be included in the utility bill, be approved. This fee will enable the City to recoup the costs of the capital outlay. If approval is granted all residents will be surveyed to ascertain who is interested in having the satellite dishes and advised of the costs involved for the use of same. It was moved by Gonzales, seconded by Mccormick, to (1) approve the purchase of satellite dishes to be installed at City owned houses and the apartment complex at a cost not to exceed $44,000; (2) establish a $20 monthly cable maintenance fee per house/apartment; and (3) that staff proceed with surveying residents to ascertain the total complement of satellite dishes that will be required. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 22, 1994, was presented, advising that Punch Press Products, Inc. is requesting a Variance from the 1991 Edition of the Uniform Building Code, Table No 5A: Wall and opening Protection of Occupancies Based on Location on Property, and transmitting the Engineer's Report pertaining to same. The company currently occupies the building at 1919 51st Street and are constructing a new building at 2035 51st Street. They will need direct access between the two buildings and are proposing to construct two openings (one 10' x 10' and one 3' x 7') in the adjoining property line walls. The code states that no openings in the exterior wall are allowed within five feet of the property line. If the Variance is granted no additional hazards will be introduced. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the following Conditions: 1. A three-hour fire rated door assembly shall be provided at each opening in the property line wall. The 10' x 10' door shall have fusible links on both sides of the opening and the door on the 3' x 7' opening shall be self closing. 2. Upon any change in occupancy, ownership or use, the openings shall be permanently sealed and all utilities crossing property lines shall be removed. 4991 I I Adjourned City Council Meeting Minutes August 30, 1994 Page 4 It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated August 22, 1994 and all supporting documents be received and filed, and that a Variance be granted to Punch Press Products, Inc. contingent upon their adherence to the aforementioned Conditions No. 1 and 2. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 23, 1994, was presented, advising that the agreement with Mutual of Omaha providing for employee medical and dental coverage expires August 31, 1994. The Risk Manager has reviewed all proposals submitted, and based on the information available, it is hereby recommended that the City renew the agreement with Mutual of Omaha for dental and medical coverage for the PPO and ExclusiCare Programs for 1994/95 contingent upon the city Attorney approving the agreement. There will be no increase in fees to the City and no change in deductibles or other present insurance costs to the employee. It was moved by Ybarra, seconded by Davis, to approve renewing the agreement with Mutual of Omaha for employee dental and medical coverage for the 1994-95 Fiscal Year, contingent upon the City Attorney's final approval of the agreement. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 23, 1994, was presented, advising that on August 2, 1994, the City Council made notice of its intent to amend its contract with the Public Employees' Retirement System (PERS) with the 2% at 50 Formula for all Vernon Fire Department safety members hired after June 30, 1986. At this time, it is hereby recommended that the following ordinance be approved for a First Reading amending the PERS Contract. It was moved by MCCormick, seconded by Gonzales, that the communication from the City Clerk dated August 23, 1994 be received and filed, and that his recommendation be approved. Motion carried. ORDINANCE NO. 1023 - An Ordinance of the City Council of the city of Vernon Authorizing an Amendment to the Contract Between the City Council of the City of Vernon and the Board of Administration of the Public Employees' Retirement System ("PERS"), was read by title by the City Clerk for a First Reading. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1023 be approved for a First Reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 24, 1994, was presented, advising of a state Statute which will require that space be allocated for the collection of recyclable material at new development sites. This matter has been reviewed by the Acting Director of Community Services and the City Attorney, and it has been determined that it would be in our best interests to adopt an ordinance prior to September 1 which will enable us to have control in this area. Due to the statute's imminence, it is hereby recommended that an urgency ordinance be adopted which would require that space be allocated to accommodate the collection and loading of recyclable materials for all newly constructed buildings or when an existing facility is expanded by more than 30 percent. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated August 24, 1994, be received and filed, and that his recommendation be approved. Motion carried. 4991 I I Adjourned City Council Meeting Minutes August 30, 1994 Page 5 ORDINANCE NO. 1024 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Adding Article V to Chapter 13 Relating to Areas for Collecting and Loading Recyclable Materials in Development Projects, Declaring the Urgency Thereof, and That It will Take Immediate Effect, was read by Title by the City Clerk. It was moved by Davis, seconded by McCormick, that Ordinance No. 1024 be approved and adopted. Motion carried. Ayes: Noes: Abstain: Malburg, Ybarra, McCormick, Davis, Gonzales None None Communication from Bruce V. Malkenhorst, dated August 24, 1994, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, Councilmen Larry Gonzales, William McCormick and William Davis to attend the National League of cities 71st Annual Conference in Minneapolis, Minnesota, November 30 to December 4, 1994, with an allowance of $1075 each for registration, lodging and meals. It was moved by Davis, seconded by Ybarra, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $1075 each for registration, lodging and meals. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 22, 1994, was presented, recommending that Mayor Pro Tem Thomas A. Ybarra and Councilman William McCormick be appointed Voting Delegate and Alternate voting Delegate, respectively, at the National League of cities' Annual Business Meeting at the Congress of cities in Minneapolis, Minnesota, December 1-4, 1994. It was moved by Gonzales, seconded by McCormick, to appoint Thomas A. Ybarra and William McCormick as voting Delegate and Alternate Voting Delegate, respectively, at the afore- mentioned meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 25, 1994, was presented, transmitting a letter from David B. Brearley, City Attorney, dated August 25, 1994, regarding a "Stipulation in FERC Docket No. EF93-5091 with Western Area Power Administration for withdrawal of Rate Order WAPA58-2 for the Boulder Canyon Project." It is hereby recommended that the Stipulation entered into by and between Western Area Power Administration, the Bureau of Reclamation and the Boulder Canyon Project contractors be approved and that the City Attorney's actions in executing same be hereby ratified. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated August 25, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6504 - A Resolution of the City Council of the City of Vernon Approving a Stipulation with Western Area Power Administration for withdrawal of Rate Order WAPA 58-2 for the Boulder Canyon Project, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6504 be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 25, 1994, was presented, advising that at the Finance Committee Meeting held August 9th, the proposal of BCER Architects was accepted for the renovation of Fire Station NO.1, contingent upon the City Attorney "approving as to form" an '4'98:9 I I Adjourned City Council Meeting Minutes August 30, 1994 Page 6 agreement by and between BCER Architects and the City of Vernon. The agreement has now been reviewed by the City Attorney, and it is hereby recommended that the Agreement for Professional Services with BCER Architects be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated August 25, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6506 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Services (Fire station NO.1-Renovation) By and Between the City of Vernon and BCER Architects, Inc., was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6506 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Executive Director of the Industrial Development Authority, dated August 25, 1994, was presented, submitting a Conflict of Interest Code for the Industrial Development Authority for review and approval. It was moved by Ybarra, seconded by Gonzales, that the communication from the Executive Director of the Industrial Development Authority dated August 25, 1994 be received and filed, and that the Conflict of Interest Code be approved. Motion carried. RESOLUTION NO. 6505 - A Resolution of the City Council of the City of Vernon Approving a Conflict of Interest Code for the Industrial Development Authority of the City of Vernon, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6505 be approved and adopted. Motion carried. RESOLUTION NO. 6507 - A Resolution of the City Council of the City of Vernon Amending Schedule II, Exhibit "B", Page 14, of Resolution No. 6467, Which Fixed the Compensation for Certain Employees of Said City and Authorized certain Expense Allowances, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6507 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 25, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held August 29, 1994, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations contained on the Agenda for the Personnel Committee Meeting held August 29, 1994 be approved. Motion carried. WARRANT REGISTER NO. 897 covering claims and demands presented during the period of August 12 thru 25, 1994, drawn on the First Interstate Bank totaling $139,027.97, which includes Demand Nos. 48161 thru 48326 (inclusive), excluding Light and Power Demands and Void Demand Nos. 48163, 48198 and 48199 (accounting period August, 1994) was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 897 be approved and payment authorized for claims and demands totaling $139,027.97, excluding Light and Power Demands. Motion carried. 4988 I I Adjourned city Council Meeting Minutes August 30, 1994 Page 7 WARRANT REGISTER NO. 897 covering claims and demands presented during the period of August 12 thru August 25, 1994, drawn on the First Interstate Bank totaling $2,992,199.02, which includes Light and Power Demand Nos. as listed below (accounting period August, 1994) was examined and audited: 48161 48162 48167 48168 48169 48171 48172 48173 49174 48181 48184 48185 48204 48209 48213 48265 48277 48288 48304 48317 48320 48322 48326 48216 48219 48223 48228 48233 48237 48245 48246 48251 48253 48254 48256 48259 48260 48263 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 897 be approved and payment authorized for claims and demands totaling $2,992,199.02. 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. The Mayor called a recess at 5:55 p.m. The Council reconvened in regular session at 6 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session to confer on Items 1, 2 and 3 listed below, the time being 6:01 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. 1. with respect to every item of business to be discussed in closed session pursuant to Government Code section 54957. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE 2. with respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) Central Basin Municipal Water District v. City of Vernon, LASC No. BS 028717; (b) city of Vernon v. Central Basin Municipal Water District Board of Directors. et al., LASC No. BS 028742; (c) City of Vernon. et al. v. Board of Harbor Commissioners of the city of Lonq Beach et al., LASC No. BC 106713; (d) CPUC Docket No. A.91-03-039 (SoCalGas); (e) Vernon v. Robert Ismael Marroche, Case No. 93 C00048 (S.E. Municipal); 4,98'7 I I Adjourned City Council Meeting Minutes August 30, 1994 Page 8 3. with respect to every item of business to be discussed in Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation: Two potential cases. The Mayor was excused at 6:18 p.m. The Mayor returned at 6:25 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 6:25 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Attorney be authorized, on behalf of the City of Vernon, to join an amicus brief filing in Knott v. state of California. California Supreme Court No. 589053. 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. ~ re-_j ~ ~o~ ayor ATTEST: 4 Bruce V. Malkenhorst City Clerk 498 i~