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19971021 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 21, 1997 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, McCormick, Gonzales 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 City Council Meeting held September 2, 1997, be approved as submitted and adopted. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Minutes of the City Council Meeting held September 16, 1997, be approved as submitted and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned City Council meeting held September 23, 1997, be approved as submitted and adopted. Motion carried. It was moved by Davis, seconded by McCormick, that the Minutes of the City Council Meeting held October 7, 1997, be approved as submitted and adopted. Motion carried. The City Clerk announced that now was the time to present Perfect Attendance Awards. The Mayor presented Perfect Attendance Awards to the following employees and extended congratulations on behalf of the entire City Council: Carol Childers, Engineering Aide, 2 Years Robert Combe, Firefighter, 3 Years Anthony Hinojos, Utilityman, 3 Years Paul Johnson, Firefighter, 3 Years Michael Langer, Firefighter, 3 Years James Persons, Project Engineer, 4 Years Lewis Pozzebon, Director, Envir. Health, 4 Years Michael Gillman, Sergeant, 6 Years Charla Duncan, Secretary, 14 Years The following employees could not attend the meeting and Perfect Attendance Awards were accepted by their respective Department Head: Todd Egan, Firefighter, 2 Years Anthony Rotell, Firefighter, 2 Years Glenn Burdick, Systems Coordinator II, 3 Years David Koltvet, Firefighter, 3 Years Jason McEachran, Firefighter, 3 Years Lawrence Muno, Firefighter, 3 Years Jeffrey Neely, Firefighter, 3 Years Roy Ness, Utilityman, 3 Years Kurt Smith, Firefighter, 3 Years Gary Dressen, Fire Captain, 4 Years Michael Busch, Fire Captain, 6 Years James Smith, Battalion Chief, 7 Years I I City Council Meeting Minutes page 2 October 21, 1997 The Mayor declared a short recess, the time being 5:15 p.m. Council reconvened at 5:20 p.m. Police Department Activity Log for the period October 1 thru 15, 1997, was presented. It was moved by Ybarra, seconded by Davis, that the Police Department Activity Report for the period of October 1 thru 15, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period October 1 thru 15, 1997, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period October 1 thru 15, 1997, be received and filed. Motion carried. Health Department Report for the month of September, 1997, was presented. It was moved by Gonzales, seconded by Davis, that the Health Department Report for the month of September, 1997, be received and filed. Motion carried. Risk Management Report for the month of September, 1997, was presented. It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of September, 1997, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the City Council on any item on the Agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if anyone in the audience wished to address the Council at this time. There was no one in the audience who wished to address the City Council at this time. PUBLIC HEARING to consider a request from Far East National Bank to grant a Variance to allow tenant to utilize three non-conforming truck spaces at 4901-4903 Pacific Boulevard, City of Vernon. (Continued from the City Council Meeting held October 7, 1997.) The City Clerk requested that the aforementioned PUBLIC HEARING be continued to the next City Council meeting. It was moved by Ybarra, seconded by Davis, that the Public Hearing pertaining to a variance request for Far East National Bank be continued to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 10, 1997, was presented, transmitting one-year lease for the Water Right License with California Water Service Company. It is recommended that the Agreement be approved, and the Mayor and City Clerk be authorized to sign the Agreement. (Deferred from the City Council Meeting held October 7, 1997). It was moved by Gonzales, seconded by Ybarra, that the one-year lease for the Water Right License with California Water Service Company be approved. Motion carried. I I City Council Meeting Minutes page 3 October 21, 1997 RESOLUTION NO. 7021 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License By and Between the City of Vernon and California Water Service Company Which Grants the City of Vernon a License to Extract 900 Acre-Feet of California Water Service Company's Allowed Pumping Allocation for the Period July 1, 1997 thru June 30, 1998, was presented. (Deferred from the City Council Meeting held October 7, 1997.) It was moved by McCormick, seconded by Davis, that Resolution No. 7021 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 15, 1997, was presented, advising that the Director of Light and Power is preparing a computation to determine the Energy Cost Adjustment Billing Factor for the next three month period. The new factor will be based on actual fuel expenses and revenues for the previous period and Southern California Edison Company's forecast of fuel cost for the next three months. It is hereby recommended that the new factor, to be announced at this meeting, be approved for all bills rendered from November 1, 1997. Ken DeDario, Director of the Light & Power Depart- ment, addressed the City Council and advised that, after further review by the Department, revisions to the preceding communication are necessary in order to follow a resolution adopted at the last city council meeting. He stated that the communication should read, in part, as follows: ". ..the new factor will be based on actual energy expenses and revenues for the previous period and the forecast of energy cost for the next three month period. ...It is hereby recommended that the new factor be approved for all energy sold from November 1, 1997." Mr. DeDario advised that the new factor, based on the computation report submitted herewith, is negative $0.00239. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk be received and filed with the revisions described by Mr. DeDario, and that the new factor be approved for all energy sold from November 1, 1997. Motion carried. RESOLUTION NO. 7033 - 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. (Deferred from the City Council Meeting held October 7, 1997.) It was moved by Gonzales, seconded by Davis, that Resolution No. 7033 be approved and adopted. Motion carried. RESOLUTION NO. 7035 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6438 By Appointing William Davis as the Alternate Director to Represent the City of Vernon on the Southeast Community Development Corporation Board of Directors, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7035 be approved and adopted. Motion carried. I I City Council Meeting Minutes page 4 October 21, 1997 Communication from Bruce V. Malkenhorst, City Clerk, dated October 2, 1997, transmitting the proposal by Raymundo Engineering Co., Inc., and their qualification package for assistance in the design of certain aspects of the gas system for the City of Vernon. This proposal has been reviewed by the Director of Community Services and it is recommended that we hire Raymundo Engineering Co., Inc., to perform the Preliminary Engineering and the one river crossing at a cost not to exceed $21,830, contingent upon the City Attorney's approval of the agreement. (Deferred from City Council Meeting held October 7, 1997.) RESOLUTION NO. 7040 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting Services By and Between the City of Vernon and Raymundo Engineering Co., Inc., Relating to the Design of a Natural Gas Distribution System. (Deferred from City Council Meeting held October 7, 1997.) It was moved by Davis, seconded by Ybarra, that the proposal by Raymundo Engineering Co., Inc., and subsequent Resolution No. 7040, be deferred to the next City Council meeting. Motion carried. Communication from Acting Police Chief Bruce Olson, dated September 30, 1997, was presented, requesting authority and funds for Detective Randolph Phillips to attend the California Narcotics Officers' Training Institute at Monterey on November 22 thru 25, 1997, with an expense allowance of $923.60. It was moved by McCormick, seconded by Gonzales, that authority be granted for Detective Randolph Phillips to attend the aforementioned course with an expense allowance of $923.60. Motion carried. Communication from Lewis Pozzebon, Director of the Environmental Health, dated October 8, 1997, was presented, requesting authority and funds for James Wilcox, Senior Environmental Health Specialist, to attend the U.S. Environmental Protection Agency Accidental Release Prevention at Sacramento on November 3, 1997, with an expense allowance of $227.39. It was moved by Gonzales, seconded by Davis, that authority be granted for James Wilcox, Senior Environmental Health Specialist, to attend the aforementioned course with an expense allowance of $227.39. Motion carried. Communication from Fire Chief Dave Telford, dated October 9, 1997, was presented, requesting authority and funds for Engineer Brad Miller to attend the Filemaker Pro Workshop at Anaheim on November 20 to 21, 1997, with an expense allowance of $399. It was moved by Ybarra, seconded by McCormick, that authority be granted for Fire Engineer Brad Miller to attend the aforementioned course with an expense allowance of $399. Motion carried. Communication from Kenneth J. DeDario, Director of the Light & Power Department, dated October 15, 1997, was presented, requesting authority and funds for Timothy Bass, Engineering Aide I, to attend Improving the Performance of Underground Distribution Systems at Sacramento on November 3 thru 6, 1997, with an expense allowance of $1,442.94. I I City Council Meeting Minutes page 5 October 21, 1997 It was moved by Ybarra, seconded by Davis, that authority be granted for Timothy Bass, Engineering Aide I, to attend the aforementioned course with an expense allowance of $1,442.94. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 16, 1997, was presented, to consider a request from the BOC Group, owner of two adjoining parcels of land located at 5600 and 5602 Bickett Street in the City of Vernon, to have an adjustment of the boundary lines between said parcels. The boundary line adjustment will result in a portion of land being transferred from the northerly parcel to the southerly parcel. This has been reviewed by the Director of Community Services and the City Attorney and it is recommended that the requested lot line adjustment be granted. It was moved by Ybarra, seconded by Davis, that a lot line adjustment of the boundary lines between two adjoining parcels of land located at 5600 and 5602 Bickett Street, in the City of Vernon, be approved. Motion carried. RESOLUTION NO. 7039 - A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment Requested by the BOC Group, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7039 be approved and adopted. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated October 16, 1997, was presented, requesting authority and funds for him to attend the 1997 SWANA Hazardous Materials Conference at San Diego on November 17 thru 19, 1997, with an expense allowance of $592. It was moved by Gonzales, seconded by Davis, that authority be granted for Lewis Pozzebon, Director of Environmental Health, to attend the aforementioned course with an expense allowance of $592. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 16, 1997, was presented, transmitting a proposal of costs from Austin-Foust Associates regarding the Hobart Yard Expansion Traffic Study. In order to provide documentation that the expansion of the Hobart Yard may cause impacts to the City's transportation system, it is required that a Traffic Impact Analysis be completed. This has been reviewed by the Director of Community Services and the City Attorney and is recommended that Austin-Foust Associates be retained to provide a Traffic Impact Analysis at a cost not to exceed $15,000. It was moved by Ybarra, seconded by Gonzales, that Austin-Foust Associates be retained to provide a Traffic Impact Analysis pertaining to the expansion of the Hobart Yard at a cost not to exceed $15,000. Motion carried. RESOLUTION NO. 7041 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Professional Services Agreement By and Between the City of Vernon and Austin-Foust Associates, Inc., for Traffic Studies, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7041 be approved and adopted. Motion carried. I I City Council Meeting Minutes page 6 October 21, 1997 Communication from Bruce V. Malkenhorst, City Clerk, dated October 16, 1997, was presented, advising that approval was previously granted to provide the benefit of vision care to employees and, at this time, it is recommended that the Agreement with Mutual of Omaha be amended to include said vision care. It was moved by Ybarra, seconded by Davis, that the Agreement with Mutual of Omaha be amended to include said vision care. Motion carried. RESOLUTION NO. 7038 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. 8 to the Administrative Services Agreement (GUSI-2R04, GUSI-2R05 and GUSI-95V57) By and Between the City of Vernon and Mutual of Omaha Insurance Company, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7038 be approved and adopted. Motion carried. The City Clerk advised that the following matter should be deferred until the next City Council meeting. Communication from Kevin Wilson, Director of Community Services, dated October 16, 1997, transmitting results as listed below received and opened October 16, 1997, in accordance with Contract No. 539, Vernon Gas Distribution System, Phase II: Herman Weisker, Inc. De La Cruz Construction, Inc. ARB, Inc. Utility Boring, Inc. Kenko, Inc. $ 4,723,795.74 4,054,626.70 5,204,875.00 4,382,239.00 4,458,962.00 It is hereby recommended that the bid be awarded to De La Cruz Construction, Inc., based on their bid in the amount of $4,054,626.70. RESOLUTION NO. 7042 - A Resolution of the City Council of the City of Vernon Accepting the Bid of De La Cruz Construction, Inc., for Vernon Gas Distribution System, Phase II, in Accordance with Contract No. 539 of the City of Vernon and Approving the Execution of Said Contract. Communication from Kevin Wilson, Director of Community Services, dated October 20, 1997, was presented, advising that bids were received and opened October 20, 1997, according to Contract No. 542, Power Plant Reroofing are as follows: Letner Roofing Company Best Roofing Company $ 142,000.00 168,492.00 The bids have been reviewed and it is recommended that this contract be awarded to Letner Roofing Company on the basis of their bid of $142,000.00. It was moved by Gonzales, seconded by Ybarra, that the award for Contract No. 542, Power Plant Reroofing, be awarded to Letner Roofing Company on the basis of their bid of $142,000. Motion carried. RESOLUTION NO. 7043 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Letner Roofing Company for Power Plant Reroofing in Accordance with Contract No. 542 of the City of Vernon and Approving the Execution of Said Contract, was presented. I I City Council Meeting Minutes page 7 October 21, 1997 It was moved by Ybarra, seconded by Davis, that Resolution No. 7043 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 15, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held October 20, 1997, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations listed on the October 20, 1997, Agenda for the Personnel Committee meeting be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 15, 1997, was presented, transmitting the Minutes of the Finance Committee meeting held October 14, 1997, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by McCormick, that the October 14, 1997, Minutes of the Finance Committee meeting be approved. Motion carried. RESOLUTION NO. 7036 - A Resolution of the City Council of the City of Vernon Superseding Resolution Nos. 6684 and 6967 and Establishing the Rates for Business License Taxes and Related Fees and Deposits Pursuant to Chapter 15 of the Code of the City of Vernon, California, 1959, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7036 be approved and adopted. Motion carried. RESOLUTION NO. 7037 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract for Telephone System Maintenance Services By and Between the City of Vernon and California Sales Connection, Inc., was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7037 be approved and adopted. Motion carried. WARRANT REGISTER NO. 975 covering claims and demands presented during the period of October 3 thru October 16, 1997, drawn on Wells Fargo Bank totaling $378,341.78, which includes Demand Numbers 63783 thru 63981 (inclusive), excluding Light & Power Demands and Void Demands as listed below (accounting period October, 1997) was examined and audited: 63843 63855 63856 63857 63901 It was moved by Davis, seconded by McCormick, that Warrant Register No. 975 be approved and payment authorized for claims and demands totaling $378,341.78, excluding Light and Power Demands and Void Demands listed above. Motion carried. WARRANT REGISTER NO. 975 covering claims and demands presented during the period of October 3 thru October 16, 1997, drawn on Wells Fargo Bank totaling $1,721,507.68, which includes Light & Power Demand Numbers as listed below (accounting period October, 1997) was examined and audited: 63788 63789 63790 63793 63795 63813 63814 63817 63818 63821 63825 63826 63827 63838 63839 63840 63841 63842 63847 63848 63850 63865 63870 63871 63874 63883 63886 63891 63894 63902 63924 63932 63935 63936 63937 63957 63969 63975 I I City Council Meeting Minutes page 8 October 21, 1997 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 975 be approved and payment authorized for Light and Power claims and demands totaling $1,721,507.68. 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. 496 covering claims and demands presented during the period of August 17 thru September 13, 1997, drawn on Wells Fargo Bank totaling $1,658,559.04 which includes Demand Numbers 5441 thru 5484 (inclusive) (accounting period September, 1997) was examined and audited. It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 496 be approved and payment authorized for claims and demands totaling $1,658,559.04. Motion carried. The Mayor called a recess at 5:52 p.m. The Council reconvened in regular session at 5:57 p.m., all members present before the recess again being present. The City Clerk advised that there were no items to be discussed in Closed Session, Item No.1. 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 It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session, Item Nos. 2 and 3, the time being 6:00 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, Chief Deputy City Clerk, and the Director of Community Services. 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 (a) City of Vernon vs. Central Basin Municipal Water District, LASC No. BC 121124; 2CIV B101606; (b) City of Vernon vs. Central Basin. etc.. Zastrow. et al., LASC No. BC 130693; (c) City of South Gate. et al. vs. City of Los Angeles. et al., LASC No. BC 129447; 2CIV B100019; Supreme Court No. S057753; (d) City of Vernon v. Board of Harbor Commissioners of the City of Long Beach. et al., LASC Case No. BC 158591; 2CIV Bl12374 (Pier T) I I City Council Meeting Minutes page 9 October 21, 1997 (e) The Atchison. Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; 2CIV B102025; (f) The City of Vernon v. The Atchison. Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (g) Vernon v. Southern California Gas Company, CPUC No. 96-05-038; S060700; (h) Johnson & Vincent v. Vernon, LASC BS 039646; (i) FERC Docket No. OA-96-76, et al; (Open Access); (j) ER97 -2355; (k) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (I) Gonzalez. etc.. et al. v. u.S. Customs Services. et al., USDC CV96-4361 RJK (JRx); (m) Lynwood v. Vernon, LASC BS 041786; (n) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (0) Salisbury v. Vernon, LASC BS 044810; (p) FERC Docket No. RP97-284 (SCE v. Gas); (q) CPUC Application No. 97-03-015 (Mexicali); (r) CPUC No. R.97-04-011/I.97-04-012 (Gas); (s) TOMCO Auto Products. Inc. v. Vernon, Norwalk Superior Court No. VC023838; (t) Loren Dome v. Vernon; WCAB Case Nos. ARM 0042203, ARM 0042208 and 88 ANA 199484; (u) Arnold Klein dba AMRO Industries v. Vernon. et al., LASC Case No. BC176633. (v) Commerce v. Vernon/Innovative Waste, LASC. No. BC 179283 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 (a) Initiation of litigation: One (1) potential case. 6:21 p.m. The Director of Community Services was excused at It was moved by Ybarra, seconded by McCormick, that the City Council go out of Closed Session on Item Nos. 2 and 3, and resume regular session, the time being 6:30 p.m. Motion carried. I I City Council Meeting Minutes page 10 October 21, 1997 It was moved by Gonzales, seconded by Ybarra, that the City Administrator be authorized to provide notification by letter to Innovative Waste that their previously granted Conditional Use Permit required that they defend and indemnify the City of Vernon in the litigation filed by the City of Commerce, LASC No. BC 179283. Motion carried. It was moved by McCormick, seconded by Ybarra, that the City Administrator be authorized to proceed with notification to GNB by letter of the delinquent business license taxes. 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. ii~~=4/l. .~. Leonis C. Mal . rg y ayor ATTEST: //d?~ A Bruce V. Malkenhorst City Clerk