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19960220 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 20, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Gonzales, Davis, McCormick MEMBERS ABSENT: Ybarra, The meeting was called to order by Mayor Malburg. It was moved by McCormick, seconded by Davis, that the Minutes of the City Council Meeting held February 6, 1996, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 13, 1996, was presented, advising that the Management Committee for selection of the Annual City Employee SPIRITS Award has selected Police Sergeant James Wohlt as the recipient of the 1995 SPIRITS LEVEL 3 AWARD. RESOLUTION NO. 6756 - A Resolution of the City Council of the City of Vernon Commending James Wohlt, a Sergeant in the Police Department, For His Exemplary Services to the City of Vernon During 1995, was read by title by the City Clerk. It was moved by Davis, seconded by McCormick, that the communication from the City Clerk dated February 13, 1996 be received and filed, and that Resolution No. 6756 be approved and adopted. Motion carried. The Mayor and City Clerk signed Resolution No. 6756, and Mayor Malburg presented it to Sgt. Wohlt and extended his and the City Council's appreciation for his dedication and service to the City of Vernon. Communication from Bruce V. Malkenhorst, City Clerk, dated February 15, 1996, was presented, advising that the below listed employees have qualified in the month of January, 1996, 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 02/25/91 10/24/88 05/16/74 07/14/81 03/25/91 01/04/87 01/23/89 08/17/87 01/02/91 01/07/91 01/21/91 09/18/89 01/02/90 02/14/88 04/23/89 09/01/78 01/02/90 07/05/88 08/09/82 04/12/66 09/28/86 Leonard Grossberg, Environmental Spec. Andrew Guth, Fire Engineer Luke Salerno, Foreman Richard Stoykovich, UtilitYffian Jim Wilcox, Sr. Environmental Spec. Jed Hulsey, Fire Captain Ricardo Lozano, Water/Power Dispatcher Anthony Zack, Police Sergeant Tom Kennedy, Engineering Aide Bradley Mack, Firefighter Anthony Serrano, Customer Service Rep. Francisco Tostado, Fire Engineer Joan Francone, Risk Mgr./Personnel Asst. Mariano Gonzales, UtilitYffian David Muniz, UtilitYffian Vince Washington, UtilitYffian Silas Williams, UtilitYffian David Alvarez, Utility Clerk Bruce Olson, Police Lieutenant Ed Saenz, UtilitYffian Felix Saldana, UtilitYffian 2 Year 2 Year 2 Year 2 Year 2 Year 3 Year 3 Year 4 Year 5 Year 5 Year 5 Year 5 Year 6 Year 6 Year 6 Year 6 Year 6 Year 7 Year 7 Year 8 Year 8 Year 54&4 I I City Council Minutes page 2 February 20, 1996 The Mayor presented the aforementioned employees their award 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: 01/10/94 12/16/60 05/16/88 08/17/87 09/22/87 04/04/88 08/28/88 10/24/88 01/05/87 Jerry Chavez, Police Officer Howard Stubbins, Fire Captain David Lazar, Fire Captain Bradley Miller, Fire Engineer Christian Moscoso, Police Officer Daniel Calleros, Police Officer Mauro Trujillo, UtilitYffian Craig Peltier, Firefighter Jon Arvizu, Firefighter 2 Year 2 Year 3 Year 3 Year 3 Year 4 Year 4 Year 7 Year 9 Year The Mayor called a recess at 5:26 p.m. The Council reconvened in regular session at 5:28 p.m., all members present before the recess again being present. Police Department Activity Log for the period February 1 thru 15, 1996, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period February 1 thru 15, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period February 1 thru 15, 1996, was presented. It was moved by Davis, seconded by Gonzales, that the Fire Department Activity Report for the period February 1 thru 15, 1996, be received and filed. Motion carried. Health Department Report for the month of January, 1996, was presented. It was moved by Gonzales, seconded by McCormick, that the Health Department Report for the month of January, 1996, be received and filed. Motion carried. Risk Management Report for the month of January, 1996, was presented. It was moved by McCormick, seconded by Davis, that the Risk Management Report for the month of January, 1996, 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 there was anyone in the audience who wished to address the Council. There was no one who wished to address the Council at this time. Communication from Bruce V. Malkenhorst, City Clerk, dated February 15, 1996, was presented, advising that the Director of Community Services is recommending that the 1994 Editions of the Uniform Building Code, Uniform Fire Code, Uniform 5403 I I City Council Minutes page 3 February 20, 1996 Mechanical Code, Uniform Plumbing Code, and the Uniform Code for Abatement of Dangerous Buildings be adopted with minor amendments. In accordance with Government Code Section 50022.3, it is hereby recommended that the following ordinances be approved for a first reading, and that authorization be granted to set a Public Hearing for March 5, 1996 to consider the adoption of said codes. Mayor Malburg asked the Director of Community Services if there were any major impacts affecting us. Mr. Wilson advised that there was not; however, there are certain sections that we feel need to be modified to fit the requirements and needs of the City. The City Clerk read the titles of the following ordinances which will effect the codes referenced in his communication of February 15th. ORDINANCE NO. 1036 - An Ordinance of the City Council of the City of Vernon Amending Chapter 7, Buildings, of the Code of the City of Vernon; Adopting By Reference the 1994 Editions of (1) The Uniform Building Code, Volumes 1, 2, and 3, Including Selected Appendices; (2) The Uniform Plumbing Code with the IAPMO Installation Standards, Including Selected Appendices; and (3) The Uniform Code for the Abatement of Dangerous Buildings; Adding Chapter 24 to the Code and Consolidating Building and Construction Provisions Therein; and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith. ORDINANCE NO. 1037 - An Ordinance of the City Council of the City of Vernon Amending Chapter 7, Buildings, of the Code of the City of Vernon; Adopting By Reference the 1994 Edition of the Uniform Mechanical Code, Including Selected Appendices; and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith. ORDINANCE NO. 1038 - An Ordinance of the City Council of the City of Vernon Amending, Adding, and Renumbering Various Sections in Chapter 7, Buildings, of the Code of the City of Vernon; Adopting by Reference the 1994 Edition of the Uniform Fire Code, Volumes 1 and 2, Including Specified Appendices and the Uniform Fire Code Standards; and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated February 15, 1996 be received and filed, and that a Public Hearing be set for March 5, 1996 to consider the adoption of the codes referenced in the titles of Ordinance Numbers 1036, 1037, and 1038. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated February 1, 1996, was presented, requesting authority and funds for Police Officer Rex Hill to attend the Strategic Cargo Security and Loss Prevention Seminar in Washington, D.C., February 24-28, 1996, with an expense allowance of $1127. It was moved by Davis, seconded by McCormick, that authority be granted for Officer Rex Hill to attend the afore- mentioned seminar with an expense allowance of $1127. Motion carried. Communication from Fire Chief Dave Telford, dated February 1, 1996, was presented, requesting authority and funds for Fire Captain Mark Whitworth to attend the Emergency Building Shoring Course in Rancho Cucamonga, March 13-15, 1996, with an expense allowance of $295. 5402 I I City Council Minutes Page 4 February 20, 1996 It was moved by Gonzales, seconded by Davis, that authority be granted for Fire Captain Mark Whitworth to attend the aforementioned course with an expense allowance of $295. Communication from Kevin Wilson, Director of Community Services, dated February 7, 1996, was presented, requesting authority and funds for Engineering Aide Tom Kennedy to attend the "What You Must Know About Construction Stormwater Permit Compliance" seminar in Ontario on April 26, 1996, with an expense allowance of $104.50. It was moved by McCormick, seconded by Davis, that authority be granted for Tom Kennedy to attend the aforementioned seminar with an expense allowance of $104.50. Motion carried. Communication from Kenneth DeDario, Director of Light and Power, dated February 7, 1996, was presented, requesting authority and funds for Manuel Garcia, Chief Water and Power Dispatcher, and Water and Power Dispatchers Sergio Rodriguez and Jesus Martinez to attend the Western Systems Coordinating Council Training Session No. 2 in Ontario, February 27-March 1, 1996, with an expense allowance of $156 for Mr. Garcia and $56 each for Messrs. Rodriguez and Martinez. It was moved by Davis, seconded by Gonzales, that authority be granted for Manuel Garcia, Sergio Rodriguez and Jesus Martinez to attend the aforementioned training session with an expense allowance of $156 for Mr. Garcia and $56 each for Messrs. Rodriguez and Martinez. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated February 14, 1996, was presented, transmitting the results, as listed below, of bids received and opened February 8, 1996 in accordance with Contract No. 529, Resurfacing of Various Streets: Security Paving, Inc. Sully-Miller Contracting Madison Paving, Inc. Ruiz Engineering Excel Paving Co. Sequel Contractors, Inc. $ 214,324.66 228,126.90 228,697.72 242,354.13 247,456.80 253,264.30 The bids have been reviewed, and it is hereby recommended that the contract be awarded to Security Paving, Inc., on the basis of their bid in the amount of $214,324.66. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services dated February 14, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6754 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Security Paving, Inc. for Resurfacing of Various Streets in Accordance with Contract No. 529 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6754 be approved and adopted. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated February 13, 1996, was presented, requesting authority and funds to attend the 1996 Environmental Health Director's Spring Meeting in Santa Barbara, March 14-15, 1996, with an expense allowance of $349. 5401. I I City Council Agenda page 5 February 20, 1996 It was moved by Davis, seconded by Gonzales, that authority be granted for Lewis Pozzebon to attend the afore- mentioned meeting with an expense allowance of $349. Motion carried. Communication from Fire Chief Dave Telford, dated February 14, 1996, was presented, requesting authority and funds to attend the California Fire Chiefs' Association Fire Prevention Officers 6th Annual Workshop in San Luis Obispo, March 11-15, 1996, with an expense allowance of $767.50. It was moved by McCormick, seconded by Davis, that authority be granted for Fire Chief Dave Telford to attend the aforementioned workshop with an expense allowance of $767.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 15, 1996, was presented, advising that in accordance with previous City Council approval, a General Release and Settlement Agreement and Stipulation for Compromise Settlement and Order in the case entitled Gooley vs. City of Huntinqton Park et al. United States District Court, Central District of California, Case No. CV91-5058 TJH(Tx), was signed on February 14, 1996. This litigation challenged decisions and/or actions made by Louis Rosenkrantz, Chief of Police, and ex City of Vernon Police Officer, Dan Vincent. The decision and/or actions of these individuals occurred within the course and scope of their emploYffient. It was moved by McCormick, seconded by Davis, that the City Council hereby finds that the decision and/or actions of Police Chief Louis Rosenkrantz and ex Vernon Police Officer Dan Vincent occurred within the course and scope of their emploYffient, and that the communication from the City Clerk dated February 15, 1996 be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 15, 1996, was presented, transmitting the Minutes of the Finance Committee Meeting held February 13, 1996, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the Minutes of the Finance Committee Meeting held February 13, 1996 be approved. Motion carried. RESOLUTION NO. 6755 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6098 Which Approved the City Investment Policy, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6755 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 15, 1996, was presented, transmitting the Agenda of the Special Personnel Committee Meeting to be held February 16, 1996, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, to approve the recommendations contained in the Agenda for the Special Personnel Committee Meeting held February 16, 1996. Motion carried. WARRANT REGISTER NO. 932 covering claims and demands presented during the period of February 2 thru 15, 1996, drawn on the First Interstate Bank totaling $203,668.38, which includes Demand Nos. 55474 thru 55669 (inclusive), excluding Light and 5400 I I City Council Minutes page 6 February 20, 1996 Power Demands and Void Demand Numbers 55506, 55521, and 55530 thru 55533 (inclusive) (accounting period February, 1996), was examined and audited. It was moved by McCormick, seconded by Davis, that Warrant Register No. 932 be approved and paYffient authorized for claims and demands totaling $203,668.38, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 932 covering claims and demands presented during the period of February 2 thru 15, 1996, drawn on the First Interstate Bank totaling $898,122.67, which includes Light and Power Demand Nos. as listed below (accounting period February, 1996), was examined and audited: 55479 55481 55483 55487 55490 55495 55502 55544 55569 55603 55643 55657 55496 55503 55554 55574 55606 55650 55658 55499 55525 55560 55586 55608 55652 55664 55500 55541 55562 55590 55623 55654 55665 55501 55542 55565 55594 55624 55655 55668 55669 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 932 be approved and paYffient authorized for claims and demands totaling $898,122.67. 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. 476 covering claims and demands presented during the period of December 10 thru January 6, 1996, drawn on the First Interstate Bank totaling $1,646,745.25 which includes Demand Nos. 8324 thru 8365 (inclusive) (accounting period January, 1996), was examined and audited. It was moved by Gonzales, seconded by McCormick, that Payroll Warrant Register No. 476 be approved and paYffient authorized for claims and demands totaling $1,646,745.25. Motion carried. The Mayor called a recess at 5:40 p.m. The Council reconvened at 5:50 p.m., all members present before the recess again being present. The City Clerk advised the Council that it was not necessary to go into Closed Session on 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 Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Items No. 2 and 3 listed below, the time being 5:51 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. 5399 I I City Council Minutes page 7 February 20, 1996 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) Citv 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 al. 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 (SoCalGas) (BCAP) ; (f) CPUC Docket No. A.91-03-039 (SoCalGas) (BCAP) ; (g) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723 and 2 CIV B077228; (h) Vernon v. SoCalGas, USDC No. CV-92-03435 SVW (Ctx); USCA No. 94-56174; (i) The People of the State of California ex reI. City of Vernon. a municipal corporation v. Charles M. Trevino (Attorney General); (j) The City of Vernon v. The Atchison. Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Ramon Martinez Agency claimed against: City of Vernon Claimant: Claudia Padilla Agency claimed against: City of Vernon The Mayor was excused from the Closed Session at 5:58 p.m. Mayor Malburg returned to the Closed Session at 6:03 p.m. It was moved by McCormick, seconded by Gonzales, to go out of Closed Session and resume regular session, the time being 6:03 p.m. Motion carried. It was moved by McCormick, seconded by Davis, to deny the Liability Claim of Claudia Padilla. Motion carried. 5398 I I City Council Minutes page 8 February 20, 1996 There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. ATTEST: /k/U- Bruce V. Malkenhorst City Clerk ~ ~.'~/C:7u:?/C~/:7~~L:{;<.,-'~;) . - Leonis C. Malbli g or 5397