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19950815 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 15, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: Malburg Ybarra. The meeting was called to order by Mayor Pro Tern It was moved by McCormick, seconded by Davis, that the Minutes of the City Council Meeting held August 1, 1995, be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated, August 9, 1995, was presented, advising that the below listed employees have qualified in the month of July 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 01/05/87 05/31/88 07/27/92 09/28/86 07/09/90 07/01/90 07/01/87 08/19/84 David Kimes, Fire Captain Alfred Jaime, Police Officer Richard Sweeney, Power Engineer Gerald Chavez, Utilityman II Ken DeDario, Director of Light and Power Ali Nourmohamadian, Elect. Engr. Assoc. Adam Alvarez, Utilityman III Luis Reynoso, Utilityman II 2 Year 2 Year 3 Year 5 Year 5 Year 5 Year 6 Year 8 Year The Mayor presented the aforementioned employees with their awards and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department head: 03/09/92 12/09/85 12/16/85 Stacy Waterfall, Comm. Dispatcher Rex Hill, Police Officer Steven Hartsfield, Utilityman II 3 Year 5 Year 6 Year The Mayor Pro Tern called a recess at 5:27 p.m. The Council reconvened in regular session at 5:29 p.m., all members present befqre the recess again being present. Police Department Activity Log for the period August 1 thru 14, 1995, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period August 1 thru 14, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period August 1 thru 14, 1995, was presented. It was moved by Gonzales, seconded by Davis, that the Fire Department Activity Report for the period August 1 thru 14, 1995, be received and filed. Motion carried. Health Department Report for the months of June and July, 1995, was presented. 52~1 I I City Council Minutes page 2 August 15, 1995 It was moved by Davis, seconded by Gonzales, that the Health Department Report for the months of June and July, 1995, be received and filed. Motion carried. Risk Management Report for the months of June and July, 1995, was presented. It was moved by McCormick, seconded by Gonzales, that the Risk Management Report for the months of June and July, 1995, 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 Pro Tem asked if there was anyone in the audience who wished to address the City Council at this time. Albert Robles, Treasurer of the Water Replenishment District of Southern California, addressed the Council giving a brief history of the In-lieu Water Replenishment Program, and presented a check to the City representing the incentive payment for the City Water Department retiring 497.6 acre-feet of groundwater to the WRD under the In-Lieu Program for the quarter ended June 30, 1995. It was moved by Gonzales, seconded by Davis, to open the PUBLIC HEARING to discuss the City of Vernon's intent to apply for Economic Development Funds of up to $500,000 and Planning and Technical Assistance (P/TA) grants of up to $35,000 under the State Community Development Block Grant (CDBG) Program, the time being 5:35 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the Council and briefly summarized a report from Cotton/Beland/Associates and the below listed subjects: - an explanation of the State CDBG Program; - national objective of the CDBG Program; - the most serious and basic needs of the community; - eligible activities; and - opportunities of public involvement Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1995, was presented, advising that the City of Vernon is eligible to receive up to $500,000 in State Economic Development Funds for business attraction and/or retention activities that create or retain sector jobs, and transmitting the following evidence pertaining to same: 1. Notice of Public Hearing, Affidavit of Posting, and Declaration of Publication 2. Report from Cotton/Beland/Associate, Inc. pertaining to the program. The Mayor Pro Tem asked if there were any questions of Mr. Wilson. There were no questions posed to Mr. Wilson. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to State Economic Development Funds, the time being 5:38 p.m. Motion carried. 5,27tt, I I City Council Minutes page 3 August 15, 1995 It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated August 10, 1995 and all supporting documents be received and filed as evidence. Motion carried. It was moved by Davis, seconded by McCormick, to open the PUBLIC HEARING regarding the City of Vernon's conformance with the Congestion Management Plan as established by the Los Angeles County Metropolitan Transportation Authority, the time being 5:38 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated August 9, 1995, was presented, advising that staff of the Community Services Department has conducted the studies required by the Metropolitan Transit Authority as outlined in the Congestion Management Program Land Use Analysis Program for the City of Vernon, and has determined that the City is in conformance. Transmitted herewith are the following documents: 1. 1995 Local Implementation Report; 2. Notice of Public Hearing, Affidavit of Posting and Declaration of Publication; 3. Engineer's Report This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that a resolution for "self-certification" be approved and adopted. The Mayor Pro Tem asked if anyone had any questions. There were no questions. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the Congestion Management Plan, the time being 5:45 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated August 9, 1995 and all supporting documents be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6672 - A Resolution of the City Council of the City of Vernon Finding the City of Vernon to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local Implementation Report, In Accordance with California Government Code Section 65089, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6672 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated July 31, 1995, was presented, requesting authority and funds for Sergeant Michael Gillman to attend a Supervisory Update Seminar at the Ventura Police Department, September 6-8, 1995, with an expense allowance of $537.30 of which $379.80 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Sgt. Michael Gillman to attend the aforementioned seminar with an expense allowance of $537.30., Motion carried. 528' I I City Council Minutes page 4 August 15, 1995 Communication from Kevin Wilson, Acting Director of Community Services, dated August 1, 1995, was presented, requesting authority and funds for Richard Lucas, Senior Building Inspector, to attend a seminar entitled "An Introduction to State Laws Enforced by Building Departments" in Costa Mesa on September 27, 1995, with an expense allowance of $132.50. It was moved by Davis, seconded by Gonzales, that authority be granted for Richard Lucas to attend the afore- mentioned seminar with an expense allowance of $132.50. Motion carried. The Police Chief asked that the following matter should be removed from the Agenda. Communication from Police Chief Louis Rosenkrantz, dated August 7, 1995, was presented requesting authority and funds for Sergeant Anthony Zack to attend the Instructor Course on "Chemical Agents" in Carlsbad, September 11-15, 1995, with an expense allowance of $547.20 of which $412.92 will be reimbursed by POST. It was moved by McCormick, seconded by Davis, that the aforementioned matter be removed from the agenda and no action taken. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 8, 1995, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant, to attend the 1995 Labor and Employment Law Symposium in Monterey, September 14-15, 1995, with an expense allowance of $824. It was moved by Gonzales, seconded by Davis, that authority be granted for the Risk Manager/Personnel Assistant to attend the aforementioned symposium with an expense allowance of $824. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 9, 1995, was presented, transmitting two Grants of Easement from Catellus Development Corporation covering electric service facilities at property located at 4685 and 4713 District Boulevard. This has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that the two easements be accepted and that the Certificates of Acceptance be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated August 9, 1995, be received and filed, the two easements from Catellus Development Corporation be accepted, and the Certificates of Acceptance be approved and executed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1995, was presented, requesting authority and funds for Gloria Orosco, Chief Deputy City Clerk, to attend the Association of Records Managers and Administrators Records and Information Management Seminar in Riverside on September 13, 1995, with an expense allowance of $178. It was moved by Davis, seconded by Gonzales, that authority be granted for the Chief Deputy City Clerk to attend the aforementioned seminar with an expense allowance of $178. Motion carried. 5268 I I City Council Minutes page 5 August 15, 1995 Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1995, was presented, requesting authority and funds for the following City officials to attend the League of California Cities 97th Annual Conference in San Francisco, October 22-24, 1995, with an expense allowance of $891.50 each: Leonis Malburg, Mayor Thomas Ybarra, Mayor Pro Tem Hilario Gonzales, Councilman William Davis, Councilman William McCormick, Councilman David Brearley, City Attorney 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 $891.50 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1995, was presented, requesting authority and funds to attend the League of California Cities 97th Annual Conference in San Francisco, October 22-24, 1995, with an expense allowance of $533.50. It was moved by Gonzales, seconded by Davis, that authority be granted for Bruce V. Malkenhorst to attend the aforementioned conference with an expense allowance of $533.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1995, was presented, requesting authority and funds for the below listed department heads to attend the League of California Cities 97th Annual Conference in San Francisco, October 22-24, 1995, with an expense allowance of $817.50 each. Kevin Wilson, Acting Director of Community Services Kenneth DeDario, Director of Light and Power Louis Rosenkrantz, Chief of Police Dave Telford, Fire Chief It was moved by McCormick, seconded by Davis, that authority be granted for the above listed department heads to attend the aforementioned conference with an expense allowance of $817.50 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1995, was presented, advising that staff has reviewed the truck parking and loading space requirements of the Code of the City of Vernon, and determined that the current truck loading, parking, and maneuvering requirements preclude smaller parcels from being developed. New development standards have been designed allowing lots that contain less than 12,000 square feet of gross floor area to utilize smaller trucks. Office, commercial, and similar uses will require only 25 foot truck spaces and 30 foot maneuvering areas and will be given relief from the truck parking requirements. All other uses will require 40 foot spaces with 40 foot maneuvering areas. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that the proposed new parking requirements and development standards be accepted for review and that consideration be given to amend Code Sections 22.2.16, 26.4.2-7 and 26.4.2-8 to reflect the proposed changes and that proposed Section 26.4.2-9 be added. The changes are exempt from the California Environmental Quality Act since they are minor. It is hereby recommended that a Public Hearing be set for September 5, 1995 at 5 p.m. on this matter. U~ I I City Council Minutes page 6 August 15, 1995 It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated August 10, 1995 be received and filed, and that a Public Hearing on this matter be set for September 5, 1995. The City Clerk advised that the following ordinance should be removed from the Agenda. ORDINANCE NO. 1032 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, By Amending Sections 26.4.2-7 and 26.4.2-8 and adding Section 26.4.2-9 to Chapter 26 of Said Code Regarding Truck Parking and Loading Spaces and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith. (FIRST READING) It was moved by McCormick, seconded by Gonzales, that the aforementioned ordinance be removed from the agenda and no action taken at this time. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1995, was presented, advising that the City Council, at their meeting held July 11, 1995, approved the Third Side Letter Agreement between the Municipal Employee Relations Representative (MERR) of the City of Vernon and the Vernon Police Officers' Benefit Association (VPOBA) Employee Group 2, and it is hereby recommended that the following resolution, which incorporates those changes, be approved. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated August 10, 1995, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6670 - A Resolution of the City Council of the City of Vernon Amending Various Sections, and Amending Schedule II, Exhibit "B", Page 14, and Schedule IV, Exhibit "D" and Adding a New Schedule V, Exhibit "E" to Said Resolution No. 6651, Which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6670 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 10, 1995, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held August 14, 1995, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held August 14, 1995, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated August 10, 1995, was presented, transmitting the Minutes of the Finance Committee Meeting held August 8, 1995. It was moved by Davis, seconded by Gonzales, that the Minutes of the Finance Committee Meeting held August 8, 1995, be approved. Motion carried. 5266, I I City Council Minutes page 7 August 15, 1995 RESOLUTION NO. 6673 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Hearing Examiner Agreement By and Between the City of Vernon and Lloyd B. Carter Respecting the Disposition of Contested Parking/Standing Violations in Compliance with the Vehicle Code of the State of California, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6673 be approved and adopted. Motion carried. RESOLUTION NO. 6669 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Provide Mandated Cost Claiming Services By and Between the City of Vernon and David M. Griffith and Associates, Ltd. For Fiscal Year 1995-1996, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6669 be approved and adopted. Motion carried. WARRANT REGISTER NO. 920 covering claims and demands presented during the period of July 28 thru August 10, 1995, drawn on the First Interstate Bank totaling $265,629.08, which includes Demand Nos. 52886 thru 53088 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period August, 1995) was examined and audited: 52890 52922 52923 52939 52940 52941 52996 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 920 be approved and payment authorized for claims and demands totaling $265,629.08, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 920 covering claims and demands presented during the period of July 28 thru August 10, 1995, drawn on the First Interstate Bank totaling $1,041,053.12, which includes Light and Power Demand Nos. as listed below (accounting period August, 1995) was examined and audited: 52887 52909 52926 52938 52978 52997 53052 53074 52894 52910 52927 52944 52979 53009 53058 53075 52897 52917 52928 52949 52980 53019 53061 53077 52900 52921 52931 52962 52983 53036 53064 53078 52901 52924 52936 52965 52984 53040 53071 53085 52903 52925 52937 52971 52990 53042 53072 53086 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 920 be approved and payment authorized for claims and demands totaling $1,041,053.12. 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. Communication from Bruce V. Malkenhorst, City Clerk, dated August 9, 1995, was presented, advising that in accordance with previous City Council approval, litigation in the matter of City of Vernon vs. Jeremy Bactat., HPMC No. 95C00683N, was filed in the Huntington Park Municipal Court, Southeast Judicial District, on July 28, 1995. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated August 9, 1995 be received and filed. Motion carried. ~!&~~ I I City Council Minutes page 8 August 15, 1995 The Mayor Pro Tern called a recess at 6:02 p.m. The Council reconvened at 6:05 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 to confer on Items No. 1 and 2 listed below. 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 Pro Tern 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 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 Municipal Water District, LASC No. BC 121124; (b) City of Vernon vs. Central Basin, etc., Zastrow, et al., LASC No. BC 130693; (c) City of South Gate, et ale vs. City of Los Anqeles, et al., LASC No. BC 129447; (d) The Atchison, Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; (e) CPUC Docket No. A.93-09-006 (BCAP); (f) CPUC Docket No. A.91-03-039 (SoCaIGas); (g) Ouiroz vs. Vernon, HPMC No. 95C0000590N; (h) City of Anaheim, etc. vs. City of Vernon, LASC BC 104302; It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:07 p.m. Motion carried. There being no further business to come before the committee at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. -/// 'd/ //~. // i 1-1'H"~/ .?Mn~'vv D-1' L/{;,tf V""{..4 Thomas A. Yba a, Mayor Pro Tern ATA-__//~ . Bruce V. Malkenhorst, City Clerk - 5264.