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19960402 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 2, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Davis, Gonzales, McCormick MEMBERS ABSENT: Ybarra The meeting was called to order by Mayor Malburg. It was moved by Gonzales, seconded by McCormick, that the Minutes of the Adjourned Regular City Council Meeting held March 26, 1996, be approved as submitted and adopted. Motion carried. Communication from Thomas A. Ybarra, Mayor Pro Tern, dated March 28, 1996, was presented, requesting to be excused from City Council Meetings scheduled in April due to medical reasons. It was moved by Davis, seconded by Gonzales, that the communication from the Mayor Pro Tern be received and filed, and to approve his request. Motion carried. The City Clerk asked that Councilmen Hilario Gonzales and William Davis be appointed as the delegate and alternate to the Alameda Corridor Transportation Authority during Mr. Ybarra's absence. It was moved by McCormick, seconded by Davis, to appoint Councilmen Gonzales and Davis as the delegate and alternate delegate, respectively, to the Alameda Corridor Transportation Authority meetings during the absence of Mayor Pro Tern Ybarra. Motion carried. At this time Mayor Malburg presented Services Pins to the following employees and extended congratulations on behalf of the entire City Council: Eddie Saenz, Utilityman - 30 Years Jeff Wightman, Utilityman - 10 Years Robert Martinez, Utilityman - 10 Years Mario Mendoza, Utilityman - 10 Years James Wilcox, Sr. Environmental Specialist - 5 Years The Mayor called a recess at 5:06 p.m. The Council reconvened in regular session at 5:09 p.m., all members present before the recess again being present. RESOLUTION NO. 6767 - A Resolution of the City Council of the City of Vernon Commending Frank Hlifka For His Many Years of Service to the City of Vernon, was read in its entirety by the City Clerk. It was moved by McCormick, seconded by Davis, that Resolution No. 6767 be approved and adopted. Motion carried. Mr. Hlifka was present at the meeting and accepted the resolution from the Mayor. Mr. Hlifka also thanked the City Council and stated his appreciation of the time spent with the City. Police Department Activity Log for the period March 16 thru 31, 1996, was presented. ~431 I I City Council Minutes page 2 April 2, 1996 It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period March 16 thru 31, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period March 16 thru 31, 1996, was presented. It was moved by McCormick, seconded by Gonzales, that the Fire Department Activity Report for the period March 16 thru 31, 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 Council. There was no one who wished to address the Council at this time. It was moved by McCormick, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Zenith Realty Corporation and Stern Family Trust for a Variance to allow the tenant to utilize eight non-conforming truck loading spaces at 2000 and 2020 25th Street in the City of Vernon, the time being 5:15 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated March 28, 1996, was presented, advising that Zenith Realty Corporation and Stern Family Trust have submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 2000 and 2020 25th Street, and transmitting the following supporting documents as evidence: ~ , 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has eight non-conforming truck loading spaces that are 9.3 feet wide and 63 feet long. The spaces cannot be brought into conformance with the Zoning Ordinance without recessing the building wall and relocating the loading dock doors. The company is proposing to use only vehicles of a smaller length at the non- conforming truck loading spaces. This has been reviewed by the Director of Community Services, and it is hereby recommended that the Variance be granted subject to the following Conditions: a. The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at or using the loading docks, shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. b. All existing and future tenants shall be notified of these restrictions and a condition stating the same shall be placed in all future leases. 5436 I I City Council Minutes page 3 April 2, 1996 The Mayor asked if anyone in the audience had any questions or comments, or if the City Council had any questions of Mr. Wilson. There were no questions or comments. It was moved by McCormick, seconded by Davis, to close the Public Hearing regarding the request for a Variance from Zenith Realty Corporation and Stern Family Trust, the time being 5:18 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated March 28, 1996 and all supporting documents be received and filed as evidence, and that the Variance be granted to Zenith Realty Corporation and Stern Family Trust contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6766 - A Resolution of the City Council of the City of Vernon Granting a Variance to Zenith Realty Corporation and Stern Family Trust From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 2000 and 2020 25th Street in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6766 be approved and adopted. Motion carried. 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, was read by title by the City Clerk for a Second and Final Reading. r ~ It was moved by Davis, seconded by McCormick, that Ordinance No. 1036 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Davis, Gonzales, McCormick None Ybarra 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, was read by title by the City Clerk for a Second and Final Reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1037 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Davis, Gonzales, McCormick None Ybarra 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 3435 I I City Council Minutes page 4 April 2, 1996 the Uniform Fire Code Standards; and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a Second and Final Reading. It was moved by Davis, seconded by Gonzales, that Ordinance No. 1038 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Davis, Gonzales, McCormick None Ybarra ORDINANCE NO. 1039 - An Ordinance of the City Council of the City of Vernon Amending Chapters 8A and 10 of the Code of the City of Vernon to Consolidate and Reorganize Provisions Pertaining to Building and Construction in Chapter 24; and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a Second and Final Reading. (Deferred from the City Council Meeting held March 26, 1996.) It was moved by McCormick, seconded by Davis, that Ordinance No. 1039 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Davis, Gonzales, McCormick None Ybarra ORDINANCE NO. 1040 - An Ordinance of the City Council of the City of Vernon Amending the Zoning Map of the City of Vernon to the Prezone Territory Being Annexed Pursuant to the "Reorganization 1-96, Parcels 1 and 2" Involving the Cities of Vernon and Maywood, was read by title by the City Clerk for a Second and Final Reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1040 be approved and adopted. Motion carried. · i Ayes: Noes: Absent: Malburg, Davis, Gonzales, McCormick None Ybarra RESOLUTION NO. 6765 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Agreement By and Between the City of Vernon and James F. Wisley, was presented. (Deferred from the City Council Meeting held March 26, 1996.) It was moved by Davis, seconded by McCormick, that Resolution No. 6765 be approved and adopted. Motion carried. Communication from Fire Chief Dave Telford, dated February 1, 1996, was presented, requesting authority and funds for Fire Engineer John Cusolito to attend the Emergency Building Shoring Training Course in Rancho Cucamonga, May 15-17, 1996, with an allowance of $295 for the registration fee. It was moved by Gonzales, seconded by Davis, that authority be granted for Fire Engineer John Cusolito to attend the aforementioned course with an allowance of $295 for the registration fee. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated March 6, 1996, was presented, requesting authority and funds for Senior Environmental Specialist James Wilcox to attend the California Environmental Health Association's 45th Annual Educational Symposium in Oakland, May 1-3, 1996, with an expense allowance of $621.36. ~431 I I City Council Minutes page 5 April 2, 1996 It was moved by McCormick, seconded by Davis, that authority be granted for James Wilcox to attend the afore- mentioned symposium with an expense allowance of $621.36. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 21, 1996, was presented, requesting authority and funds for Theresa Nicholas, Assistant Records Manager, to attend the California Criminal Justice Warrant Service Association Seminar in Anaheim, May 1-3, 1996, with an expense allowance of $202. It was moved by Gonzales, seconded by Davis, that authority be granted for Theresa Nicholas to attend the afore- mentioned seminar with an expense allowance of $202. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 21, 1996, was presented, requesting authority and funds to attend the 1996 Los Angeles County Police Chiefs' Association Executive Seminar in Palm Springs, April 15-17, 1996, with an expense allowance of $466.26 of which $245.04 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Police Chief Louis Rosenkrantz to attend the aforementioned seminar with an expense allowance of $466.26. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 27, 1996, was presented, advising that the City of Vernon is one of eleven Planning Participants in the Adelanto- Lugo Transmission Project (ALTP). M-S-R Public Power Agency (M- S-R), the Project Manager, has notified the ALTP Management Committee that costs incurred for planning work equaled 80% of the $3 million authorized and also submitted an amendment to increase expenditures for planning work to $3.5 million. , If a Planning Participant does not approve the amendment or notifies the other Planning Participants in writing that it will not approve such amendment, such Participant shall be deemed to have withdrawn from the Planning Agreement. Seven of the eleven participants submitted letters of withdrawal and it was deter- mined that the City should follow suit. This has been reviewed by the City Attorney, and it is hereby recommended that the City Council ratify the notification of Vernon's withdrawal from the ALTP Planning Agreement. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated March 27, 1996, be received and filed, and that his recommendation be approved. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foresee- able that the decision may have a material financial effect on his source of income. RESOLUTION NO. 6769 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Withdrawal of the City of Vernon From Adelanto-Lugo Transmission Project Planning Agreement, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6769 be approved and adopted. Motion carried. Councilman Davis abstained from voting on this matter and dis- qualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. 54a~ I I City Council Minutes page 6 April 2, 1996 Communication from Bruce V. Malkenhorst, City Clerk, dated March 28, 1996, was presented, advising that former Fire Engineer, Robert Beaudette, has applied with PERS for disability retirement, and PERS has requested that the City make a deter- mination. Based on a letter dated March 7, 1990 from Lyn E. Wilson, M.D., Mr. Beaudette's injury is considered to be perma- nent and stationary, and it is hereby recommended that the disability retirement of Mr. Beaudette be approved and that the disability be determined to be industrial. This has been re- viewed by the Risk Manager. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated March 28, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6768 - A Resolution of the City Council of the City of Vernon Granting the Disability Retirement of Robert W. Beaudette, 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. 6768 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 28, 1996, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held April 1, 1996 for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations contained in the Agenda for the Personnel Committee Meeting held April 1, 1996, be approved. Motion carried. WARRANT REGISTER NO. 935 covering claims and demands presented during the period of March 22 thru March 28, 1996, drawn on the First Interstate Bank totaling $214,693.91, which includes Demand Nos. 56141 thru 56262 (inclusive), excluding Light and Power Demands and Void Demand Nos. 56161, and 56181 thru 56187 (inclusive) (accounting period April, 1996), was examined and audited. It was moved by Davis, seconded by McCormick, that Warrant Register No. 935 be approved and payment authorized for claims and demands totaling $214,693.91, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 935 covering claims and demands presented during the period of March 22 thru 28, 1996, drawn on the First Interstate Bank totaling $224,260.32, which includes Light and Power Demand Nos. as listed below (accounting period April, 1996), was examined and audited: 56141 56143 56145 56147 56148 56150 56153 56157 56158 56159 56160 56163 56164 56165 56167 56191 56195 56199 56200 56201 56220 56242 56257 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 935 be approved and payment authorized for claims and demands totaling $224,260.32. Motion carried. Councilman Davis abstained from voting on this matter and dis- qualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. 8432 I I City Council Minutes page 7 April 2, 1996 ORDINANCE NO. 1041 - An Ordinance of the City Council of the City of Vernon Authorizing an Application For Funding and Approving Adherence to the Board of Corrections Standards for Corrections Officers, was read by title by the City Clerk for a First Reading. The Chief of Police addressed the City Council and summarized this issue. He advised that this would enable us to receive reimbursement for our training costs associated with Jailers. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1041 be approved for a First Reading. Motion carried. The City Attorney asked that the following item be removed from the agenda. Consideration of two Transformation Service Agree- ments between Sunlaw Cogeneration Partners 1 and the City of Vernon for Cogeneration Facilities at the Southwest Corner of Vernon and Alcoa Avenues and Downey Road at 50th Street. (De- ferred from the City Council Meeting held March 26, 1996.) It was moved by Davis, seconded by McCormick, to remove the aforementioned matter from the Agenda. Motion car- ried. The City Attorney asked that the following matter be deferred to the next meeting. Consideration of an Amendment to the existing Firm Wholesale Power Agreement No. 2 between Salt River Project Agricultural Improvement and Power District and the City of Vernon (submitted by Kenneth J. DeDario, Director of Light and Power, March 26, 1996). S l It was moved by McCormick, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. The Mayor called a recess at 5:40 p.m. The Council reconvened at 5:42 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Davis, that the Council go into closed session to confer on Item No. 1 listed below, the time being 5:42 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, Chief of Police, and Police Captain. 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 The Chief of Police and Police Captain were excused from the Closed Session at 5:47 p.m. 5431 I I City Council Minutes page 8 April 2, 1996 It was moved by Gonzales, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 5:48 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, to go into Closed Session to confer on Item Nos. 2 and 3 listed below, the time being 5:48 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 Municipal Water District, LASC No. BC 121124; (b) The People of the State of California ex reI. City of Vernon, a municipal corporation v. Charles M. Trevino (Attorney General) ; (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; J .~ (e) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (f) CPUC Docket No. A.93-09-006 (SoCaIGas) (BCAP) ; (g) CPUC Docket No. A.91-03-039 (SoCaIGas) (BCAP) ; (h) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723 and 2 CIV B077228; (i) Vernon v. SoCalGas, USDC No. CV-92-03435 SVW (Ctx); USCA No. 94-56174; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Dora Baldwin Agency claimed against: City of Vernon It was moved by Gonzales, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 5:51 p.m. Motion carried. 549G I I City Council Minutes page 9 April 2, 1996 It was moved by Davis, seconded by McCormick, to approve discipline as recommended for the Police Officer. Motion carried. It was moved by Gonzales, seconded by Davis, that the Liability Claim of Dora Baldwin be settled in the amount of $50. Motion carried. It was moved by Gonzales, seconded by McCormick, that the City Attorney be authorized, on behalf of the City of Vernon, to join in an Amicus Brief in the matter of the Count v of San Bernardino et al. vs. the City of San Bernardino, Supreme Court Case No. S050179. Motion carried. 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. ~?U:Z-C-{':n~C~'M) , . . Leonis C. Malblf g ( or ATTEST: ~~ ~ /~~~~ Bruce V. Malkenhorst City Clerk 5421