19960507 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD MAY 7, 1996
AT 5 P.M. IN THE COUNCIL CHAMBERS OF
THE CITY HALL LOCATED AT 4305 SANTA
FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Chairman Malburg.
Mayor Malburg welcomed back Mayor Pro Tern Ybarra and
stated that City Council and staff were happy about his speedy
recovery.
It was moved by McCormick, seconded by Gonzales, that
the Minutes of the City Council Meeting held April 16, 1996, be
approved as submitted and adopted. Motion carried.
The Mayor presented a 30 Year Service Pin to Mr.
Ybarra and "pinned" the award on and extended congratulations on
behalf of the City Council.
The Mayor also presented a 5 Year Service Pin to
Linda Smith, Utility Clerk.
Civilian Traffic Officer Eliseo Genera was unable to
attend the Council Meeting and his 10 Year Service Pin was
accepted by the Chief of Police.
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 April
16 thru 30, 1996, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period April 16 thru 30,
1996, be received and filed. Motion carried.
Fire Department Activity Report for the period April
16 thru 30, 1996, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Fire Department Activity Report for the period April 16 thru
30, 1996, 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 asked if there was anyone in the audience
who wished to address the City Council.
time.
No one wished to address the City Council at this
Communication from Lewis Pozzebon, Director of
Environmental Health, dated March 19, 1996, was presented,
requesting authority and funds for Environmental Specialist
Elizabeth Quaranta to attend a seminar entitled "Underground
Storage Tank Removal: Technical & Regulatory Aspects" in
Riverside, June 10-11, 1996, with an expense allowance of $165.
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May 7, 1996
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Elizabeth Quaranta, Environmental
Specialist, to attend the afore-mentioned seminar with an expense
allowance of $165. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated April 1, 1996, was presented, requesting authority and
funds for Sgt. Robert Faldetta and Lt. Bruce Olson to attend the
California Association of Labor Relations Officers' Seminar in
Palm Springs, June 5-7, 1996, with an expense allowance of
$339.97 and $409.97 respectively.
It was moved by Davis, seconded by McCormick, that
authority be granted for Sgt. Robert Faldetta and Lt. Bruce Olson
to attend the aforementioned seminar with an expense allowance of
$339.97 and $409.97 respectively. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 15, 1996, was presented, requesting authority and
funds for Administrative Aide Christopher Romero to attend the
Municipal Management Assistants of Southern California Annual
Conference in Palm Springs, August 1-2, 1996 with an expense
allowance of $337.
authority
to attend
of $337.
It was moved by Ybarra, seconded by Gonzales, that
be granted for Christopher Romero, Administrative Aide,
the afore-mentioned seminar with an expense allowance
Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated April 15, 1996, was presented,
requesting authority and funds for James Wilcox, Senior
Environmental Specialist, to attend the Ninth Annual Workshop of
the Southern California Society for Risk Analysis in Los Angeles
on May 23, 1996, with an expense allowance of $85.
It was moved by McCormick, seconded by Davis, that
authority be granted for James Wilcox, Senior Environmental
Specialist, to attend the afore-mentioned workshop with an
expense allowance of $85. Motion carried.
Communication from Kevin Wilson, Director of
Community Services, dated April 24, 1996, was presented,
requesting authority and funds for Utilityman Andrew Thompson to
attend four Pesticide Training Classes in El Monte on May 28,
June 4, 11, and 18, 1996 with an allowance of $95 for the
registration fee.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Andrew Thompson, Utilityman, to attend
the afore-mention training classes with an allowance of $95 for
the registration fee. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 29, 1996, was presented, advising that Police
Sergeant Mark Moen applied with PERS for disability retirement,
and PERS has requested that the City make a determination. Based
on a letter dated February 7, 1996 from William W. Brien, M.D.,
Mr. Moen's injury is considered to be permanent and stationary,
and it is hereby recommended that the disability retirement of
Mark Moen be approved and that the disability be determined to be
industrial.
It was moved by McCormick, seconded by Ybarra, that
the communication from the City Clerk dated April 29, 1996 be
received and filed, and that his recommendation be approved.
Motion carried.
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RESOLUTION NO. 6785 - A Resolution of the City
Council of the City of Vernon Granting the Disability Retirement
of Mark A. Moen, a Local Safety Member Employed by the City of
Vernon (Government Code Sections 21024 and 21025), was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 6785 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 30, 1996, was presented, advising that former Fire
Captain Ray F. Shelton applied with PERS for disability
retirement, and PERS has requested that the City make a
determination. Douglas E. Garland M.D. rated Mr. Shelton's
injury permanent and stationary as of June 1, 1995, and it is
hereby recommended that the disability retirement of Ray Shelton
be approved and that the disability be determined industrial.
It was moved by Ybarra, seconded by McCormick, that
the communication from the City Clerk dated April 30, 1996 be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6786 - A Resolution of the City
Council of the City of Vernon Granting the Disability Retirement
of Ray F. Shelton, a Local Safety Member Employed by the City of
Vernon (Government Code Sections 21024 and 21025), was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 6786 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 29, 1996, was presented, transmitting the Computation
Report submitted by Kenneth J. DeDario, Director of Light and
Power, determining the Energy Cost Adjustment Billing Factor for
the next three month period. Based on actual fuel expenses and
revenues for the previous period and Southern California Edison
Company's forecast for the next three months, it is hereby
recommended that the new factor of negative $0.03186 be adopted
for all bills rendered from May 7, 1996.
It was moved by Ybarra, seconded by McCormick, that
the communication from the City Clerk dated April 29, 1996, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6784 - 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. 6784 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated May 1, 1996, was presented, advising that U.S. Growers Cold
Storage, Inc. owns the property at 3141 44th Street and are
proposing to construct a 122,300 square feet refrigerated
warehouse building, and transmitting the Engineer's Report
submitted by the Director of Community Services. This is phase
one of a three phase development from Boyle Avenue to Alcoa
Avenue. Due to the size of the building and the nature of their
operation, they need to increase the allowable distance of travel
to exits from 100 to 250 feet; therefore, they are requesting a
Variance from the Uniform Building Code, 1994 Edition, Section
1020.3, which limits the distance of travel to exits to 100 feet.
The 1996 Code Development Committee of the International
Conference of Building Officials has recommended approval of an
increase to 250 feet in refrigerated buildings equipped with
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automatic sprinklers and City staff concurs. No additional
hazards will be introduced in the area if the Variance is
granted. This has been reviewed by the Director of Community
Services, and it is hereby recommended that the Variance be
granted.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated May 1, 1996, and all
supporting documents be received and filed, and that a Variance
from the 1994 Edition of the Uniform Building Code, Section
1020.3, be granted to U.S. Growers Cold Storage, Inc. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated May 1, 1996, was presented, advising that Clougherty
Packing Company owns the property at 3883 Soto Street, and are
proposing to remodel and add a refrigerated room within the
existing building, and transmitting the Engineer's Report
submitted by the Director of Community Services. Due to the size
of the building and the nature of their operation, the company
needs to increase the allowable distance of travel to exits from
100 to 250 feet; therefore, they are requesting a Variance from
the Uniform Building Code, 1994 Edition, Section 1020.3 which
limits the distance of travel to 100 feet. The 1996 Code
Development Committee of the International Conference of Building
Officials has recommended approval of an increase to 250 feet in
refrigerated buildings equipped with automatic sprinklers and
City staff concurs. No additional hazards will be introduced in
the area if the Variance is granted. This has been reviewed by
the Director of Community Services, and it is hereby recommended
that the Variance be granted.
It was moved by Ybarra, seconded by McCormick, that
the communication from the City Clerk dated May 1, 1996, and all
supporting documents be received and filed, and that a Variance
from the 1994 Edition of the Uniform Building Code, Section
1020.3, be granted to Clougherty Packing Company. Motion
carried.
Communication from Kevin Wilson, Director of
Community Services, dated May 2, 1996, was presented,
transmitting results, as listed below, of bids received and
opened May 1, 1996, in accordance with Contract No. 531, Vernon
Avenue Sewer Rehabilitation:
Sancon Engineering, Inc.
Insituform Southwest
$ 42,938.94
97,442.40
The bids have been reviewed and it has been determined that
Sancon Engineering, Inc. did not meet the specifications as
prescribed in the contract specifications. The Insituform
Southwest bid was nearly double the engineer's estimate. Based
on the foregoing, it is hereby recommended that both bids be
rejected. The Community Services Department will redraft the
specifications and rebid the project in the near future.
It was moved by Gonzales, seconded by Ybarra, that
the communication from the Director of Community Services dated
May 2, 1996 be received and filed, and that his recommendation be
approved. Motion carried.
RESOLUTION NO. 6790 - A Resolution of the City
Council of the City of Vernon Rejecting the Bids Received
Respecting Contract No. 531 for Vernon Avenue Sewer
Rehabilitation, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6790 be approved and adopted. Motion carried.
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Results of bids opened on May 6, 1996 in accordance
with Contract No. 530, Traffic Signal Modernization, and also
advising of the awardee (to be announced at the meeting) as
recommended by the Director of Community Services.
The City Clerk read the results of the bids submitted
as follows:
Paul Gardner Corporation
Peek Traffic
L & R Electric Service Co.
C. T. & F. Inc.
$ 99,483
107,575
108,672
97,587
RESOLUTION NO. 6789 - A Resolution of the City
Council of the City of Vernon Accepting the Bid of C.T. & F.,
Inc. for Traffic Signal Modernization in Accordance with Contract
No. 530 of the City of Vernon and Approving the Execution of Said
Contract, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 6789 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated May 2, 1996, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held May 6,
1996, for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Gonzales, to
approve the recommendations contained on the Agenda for the
Personnel Committee Meeting held May 6, 1996. Motion carried.
RESOLUTION NO. 6787 - A Resolution of the City
Council of the City of Vernon Commending Marvin R. King For His
Many Years of Service to the City of Vernon, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6787 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 937 covering claims and demands
presented during the period of April 12 thru May 2, 1996, drawn
on the First Interstate Bank totaling $403,053.44, which includes
Demand Nos. 56489 thru 56734 (inclusive), excluding Light and
Power Demands and Void Demand Nos. 56503, 56512, 56576 thru 56579
(inclusive) (accounting period May, 1996), was examined and
audited.
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 937 be approved and payment authorized for
claims and demands totaling $403,053.44, excluding Light and
Power Demands. Motion carried.
WARRANT REGISTER NO. 937 covering claims and demands
presented during the period of April 12 thru May 2, 1996, drawn
on the First Interstate Bank totaling $1,673,509.01, which
includes Light and Power Demand Nos. as listed below (accounting
period May, 1996), was examined and audited:
56489 56505 56527 56546 56564 56604 56647 56695
56490 56506 56528 56547 56566 56611 56652 56706
56491 56507 56538 56548 56575 56629 56655 56720
56492 56515 56539 56551 56582 56638 56677 56723
56493 56516 56543 56553 56585 56641 56687 56729
56494 56517 56544 56556 56590 56642 56692
56500 56518 56545 56562 56596 56646 56694
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It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 937 be approved and payment authorized for
claims and demands totaling $1,673,509.01. 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 City Clerk advised the Council that the following
matter should be deferred.
Consideration of the Modified Settlement Agreement
with Chern-Tech Systems, Inc. which was approved on April 16,
1996, as submitted by the City Attorney on May 2, 1996.
RESOLUTION NO. 6788 - A Resolution of the City
Council of the City of Vernon Amending Resolution No. 6775 Which
Approved and Authorized the Execution of a Settlement Agreement
By and Between the City of Vernon and Chern-Tech Systems, Inc.
It was moved by Ybarra, seconded by Gonzales, that
the aforementioned matter be deferred to the next City Council
Meeting. Motion carried.
Mayor Malburg called a recess at 5:37 p.m.
The Council reconvened in regular session at 5:45
p.m., all members present before the recess again being present.
It was moved by Gonzales, seconded Ybarra, that the
Council go into Closed Session to confer on Item No. 1 listed
below, the time being 5:45 p.m. Motion carried.
All persons were excluded from the Closed Session
with the exception of the City Clerk, City Attorney, Chief Deputy
City Clerk, Director of Community Services, and Engineering Aide.
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.
a. EMPLOYEE DISCIPLINE/DISMISSAL RELEASE
At 5:51 p.m., the Director of Community Services and
the Engineering Aide were excused from the Closed Session.
The Chief of Police, Police Captain, and Police
Officer were called into the Closed Session at 5:51 p.m.
The Police Officer was excused from the Closed
Session at 5:59 p.m.
The Chief of Police and Police Captain were excused
at 6:10 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 6:16 p.m. Motion carried.
The City Clerk advised it was unnecessary for the
Council to confer in Closed Session on Item No.3.
3. With respect to every item of business to be
discussed in Closed Session pursuant to subdivision (c) of
Government Code Section 54956.9.
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CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation: One (1) potential case.
It was moved by Gonzales, seconded by Davis, that the
Council go into Closed Session to confer on Item No. 2 listed
below, the time being 6:17 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.
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) City of Vernon vs. Central Basin Munici~al
Water District, LASC No. BC 121124;
2CIV B100019;
(b) City of South Gate, et al. vs. City of
Los Anqeles, et al., LASC No. BC 129447;
(c) The Atchison, Tooeka and Santa Fe
Railway vs. City of Vernon; LASC No.
BC 123510;
(d) The City of Vernon v. The Atchison, Tooeka
and Santa Fe Railway, CPUC Case No.
96-01-019;
(e) CPUC Docket No. A.93-09-006 (SoCaIGas)
(BCAP) ;
(f) CPUC Docket No. A.91-03-039 (SoCaIGas)
(BCAP) ;
(g) SoCalGas v. Vernon LASC No. BS 017468;
2 CIV B088723 and 2 CIV B077228;
(h) CPUC Docket Nos. R94-04-031 and 1.94-04-032
(Electric Restructuring);
It was moved by McCormick, seconded by Ybarra, that
the Council go out of Closed Session and resume regular session
the time being 6:30 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, to
approve discipline as recommended for the Engineering Aide.
Motion carried.
It was moved by Gonzales, seconded by Davis, to
approve discipline as recommended for the Police Officer. Motion
carried.
It was moved by Ybarra, seconded by Davis, to approve
discipline as recommended for the Police Officer. Motion
carried.
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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.
~~~~~~~) .
,r' ~qOis C. Malbur.
Mayor
ATTEST:
4-
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Bruce V. Malkenhorst
City Clerk
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