Loading...
19960521 Regular City Council Meeting - Minutes ORDER OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL HELD MAY 21, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY COUNCIL (QUORUM PRESENT) TO THURSDAY, MAY 23, 1996 AT 4 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA I ~~e) Clerk AFFIDAVIT OF POSTING ORDER OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon, do hereby certify that I did, on the 22nd day of May 1996, have posted: The above Order of Adjournment for the City Council Meeting held May 21, 1996. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Dated: ,1/ t9,~/ 'i 6 I "_. Clerk I OOA I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 21, 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 Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held May 7, 1996, be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 15, 1996, was presented, advising that the below listed employees have qualified in the month of April, 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 04/27/94 Eric Anderson, Utilityman 2 Year 08/28/89 Manuela Giron, Account Clerk 2 Year 04/12/93 Mark Dressen, Police Officer 3 Year 01/24/82 Alice Saldana, Senior Utility Clerk 3 Year 02/26/90 Barry Schoolmeester, Firefighter 4 Year 02/01/68 Gary Wiskus, Battalion Chief 4 Year 04/29/91 Linda Smith, Utility Clerk 5 Year 04/23/90 Albert De La Cruz, Utilityman 6 Year 07/01/85 Jaime De La Rosa, Utilityman 6 Year 04/09/90 Michael Hendrickson, Asst. Elec. Tech. 6 Year The Mayor presented awards to the aforementioned employees 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: 04/16/80 06/26/89 06/13/85 08/19/84 04/23/89 05/13/84 Arturo Morales, Utilityman Todd Hewett, Fire Engineer Michael Chavez, Sergeant Richard Recano, Diesel Operator James Siegert, Power Plant Supt. Vincent Rodriguez, Engineering Aide 2 Year 4 Year 5 Year 6 Year 7 Year 8 Year The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:13 p.m., all members present before the recess again being present. Police Department Activity Log for the period May 1 thru 15, 1996, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period May 1 thru 15, 1996, be received and filed. Motion carried. Fire Department Activity Report 'for the period May 1 thru 15, 1996, was presented. 5.4 ~ .) I...; City Council Minutes page 2 May 21, 1996 It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period May 1 thru 15, 1996, be received and filed. Motion carried. Health Department Report for the month of April, 1996, was presented. It was moved by Davis, seconded by Gonzales, that the Health Department Report for the month of April, 1996, be received and filed. Motion carried. Risk Management Report for the month of April, 1996, was presented. It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of April, 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 any Public Hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time. There was no one who wished to address the Council. Communication from Bruce V. Malkenhorst, City Clerk, dated April 17, 1996, was presented, requesting authority and funds for Martha Valenzuela, Finance Department Office Manager, to attend the Management Skills for New Supervisors Seminar in Pasadena on June 21, 1996, with an expense allowance of $109. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Martha Valenzuela to attend the afore- mentioned seminar with an expense allowance of $109. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 9, 1996, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant, to attend the PERS Spring Benefits/Retirement Training Seminar in Sacramento on June 13, 1996, with an expense allowance of $319. It was moved by McCormick, seconded by Davis, that authority be granted for Joan Francone to attend the afore- mentioned seminar with an expense allowance of $319. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated May 13, 1996, was presented, requesting authority and funds for Police Officers Richard Harvison and David Zapien to attend a Drug Influence Course in Santa Ana, June 25-27, 1996, with an expense allowance of $143 each of which $102 each will be reimbursed by POST. It was moved by Davis, seconded by Ybarra, that authority be granted for Officers Richard Harvison and Davis Zapien to attend the aforementioned course with an expense allowance of $143 each. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated May 14, 1996, was presented, requesting authority and funds for Charla Duncan, Secretary, to attend an Environmental Health Software Users Group Seminar in Sacramento, June 10-11, 1996, with an expense allowance of $258.64. 5472 I City Council Minutes page 3 May 21, 1996 It was moved by Ybarra, seconded by Gonzales, that authority be granted for Charla Duncan to attend the afore- mentioned seminar with an expense allowance of $258.64. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 14, 1996, was presented, advising that Ordinance No. 1016, establishing and governing the Industrial Development Authority of the City of Vernon, has not been codified, and it would be advantageous to have the provisions of this ordinance codified in the City Code Book. This has been reviewed by the City Attorney and an ordinance has been prepared inserting the provisions of Ordinance No. 1016 as Article III in Chapter 27, Community Development, of the Vernon City Code. It is hereby recommended that the following ordinance be adopted. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated May 14, 1996 be received and filed, and that his recommendation be approved. Motion carried. ORDINANCE NO. 1042 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Adding Article III, Including Sections 27.20 to 27.23, to Chapter 27 of Said Code and Codifying Specified Sections of Ordinance No. 1016 Relating to the Industrial Development Authority of the City of Vernon and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a First Reading. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1042 be approved for a First Reading. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated May 14, 1996, was presented, transmitting Contract No. 532, 37th Street Sewer Repair, and recommending that the Contract be approved and authority granted to advertise for Bids. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services dated May 14, 1996, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6793 - A Resolution of the City Council of the City of Vernon Approving Contract No. 532 of the City of Vernon for 37th Street Sewer Repair and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6793 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 15, 1996, was presented, transmitting a General Services Agreement with the County of Los Angeles providing for miscellaneous services from the County such as parcel map checking and bridge design and inspection. The agreement will cover a period of five years commencing July 1, 1996. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the agreement be approved and executed. 5471 I I City Council Minutes page 4 May 21, 1996 It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated May IS, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6791 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a General Services Agreement By and Between the City of Vernon and the County of Los Angeles for a Five (5) Year Period from July I, 1996 thru June 30, 2001, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6791 be approved and adopted. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated May IS, 1996, was presented, requesting authority and funds to attend the Fuel Cell Dedication and Commercialization Group Meeting in Santa Clara, June 3-4, 1996, with an expense allowance of $372. It was moved by Davis, seconded by Ybarra, that authority be granted for Kenneth J. DeDario to attend the afore- mentioned meeting with an expense allowance of $372. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 16, 1996, was presented, advising that Tomco Auto Products, Inc. has requested a Variance from the 1994 Edition of the Uniform Building Code, Table No.5-A: Wall and Opening Protection of Occupancies Based on Location on Property, and transmitting the Engineer's Report submitted by the Director of Community Services. The company occupies two adjacent properties at 2680 Bonnie Beach Place and 4306 26th Street. They have occupied the 26th Street property for over ten years and recently moved their distribution center to the Bonnie Beach location, and now need access between the two buildings. They are proposing to make a 10 foot by 10 foot opening in the adjoining walls, and the code states that no openings in the exterior wall are allowed within five feet of the property line. If the Variance is granted, no additional hazards will be introduced. This has been reviewed by the Director of Community Services and Fire Chief, and it is hereby recommended that the Variance be granted subject to the following Conditions: 1. A three-hour fire rated door assembly shall be provided at the opening in the property line wall. The door shall have fusible links on both sides. 2. Upon any change in occupancy, ownership, or use, the doors shall be removed and the wall shall be reconstructed. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated May 16, 1996 and all supporting documents be received and filed, and that a Variance from the 1994 Edition of the Uniform Building Code, Table No. S- A, be granted to Tomco Auto Products, Inc. contingent upon their adherence to the aforementioned Condition Nos. 1 and 2. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 16, 1996, was presented, advising that the City of Vernon has been invited to participate in the Los Angeles Urban County Community Development Block Grant (CDBG) Program. This program would have the County collect all CDBG funds on behalf of the participating cities and disperse the funds based on 5470 "I) I I City Council Minutes Page 5 May 21, 1996 population and the number of low income residents. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that approval be granted to decline the County's invitation to participate, and that the City Administrator be authorized to execute letters to the Community Development Commission and the u.S. Department of Housing and Urban Development stating same. Vernon will remain a participant in the State's Small Cities Program. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated May 16, 1996 be received and filed, and that the City Clerk be authorized to execute and transmit letters to the aforementioned organizations advising of Council's decision to decline participation in the Los Angeles Urban County Community Development Block Grant Program. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 16, 1996, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held May 20, 1996, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Ybarra, to approve the recommendations listed on the Agenda for the Personnel Committee Meeting held May 20, 1996. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 16, 1996, was presented, transmitting the Minutes of the Finance Committee Meeting held May 14, 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 May 14, 1996, be approved. Motion carried. RESOLUTION NO. 6792 - A Resolution of the City Council of the City of Vernon Amending Schedule II, Exhibit "B", Page 14 of Resolution No. 6651 Which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6792 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 16, 1996, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held May 20, 1996, for approval. It was moved by Davis, seconded by Ybarra, that the Agenda for the Adjourned Finance Committee Meeting held May 20, 1996, be approved. Motion carried. WARRANT REGISTER NO. 938 covering claims and demands presented during the period of May 3 thru 16, 1996, drawn on the First Interstate Bank totaling $324,400.52, which includes Demand Nos. 56735 thru 56934 (Inclusive), excluding Light and Power Demands and Void Demand Nos. 56758, 56772 thru 56775 (inclusive) and 56886 (accounting period May, 1996), was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 938 be approved and payment authorized for claims and demands totaling $324,400.52, excluding Light and Power Demands. Motion carried. 546. I I City Council Minutes page 6 May 21, 1996 WARRANT REGISTER NO. 938 covering claims and demands presented during the period of May 3 thru 16, 1996, drawn on the First Interstate Bank totaling $621,489.66, which includes Light and Power Demand Nos. as listed below (accounting period May, 1996), was examined and audited: 56736 56767 56803 56830 56854 56883 56909 56923 56740 56770 56805 56833 56856 56896 56912 56925 56741 56778 56814 56834 56858 56902 56917 56931 56753 56784 56817 56847 56862 56903 56919 56932 56757 56791 56820 56850 56879 56904 56920 56762 56796 56828 56851 56880 56905 56921 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 938 be approved and payment authorized for claims and demands totaling $621,489.66. 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. 479 covering claims and demands presented during the period of March 17 thru April 13, 1996, drawn on the First Interstate Bank totaling $1,589,053.46 which includes Demand Nos. 8453 thru 8491 (inclusive) (accounting period April, 1996), was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No. 479 be approved and payment authorized for claims and demands totaling $1,589,053.46. Motion carried. David B. Brearley, City Attorney, asked that the next matter be deferred to after Closed Session later this date. Consideration of the Modified Settlement Agreement with Chem-Tech Systems, Inc. which was approved on April 16, 1996, as submitted by the City Attorney on May 2, 1996. (Deferred from the City Council Meeting held May 7, 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 Chem-Tech Systems, Inc. (Deferred from the City Council Meeting held May 7, 1996.) It was moved by Gonzales, seconded by Davis, that the aforementioned matter be deferred to after Closed Session later in this meeting. Motion carried. The Mayor called a recess at 5:35 p.m. The Council reconvened in regular session at 5:42 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Ybarra, 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, Director of Community Services, and the Utilityman II. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 54<68 I I City Council Minutes page 7 May 21, 1996 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 Utilityman II was excused from the Closed Session at 5:53 p.m. It was moved by Gonzales, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session to confer on Item No. 2 listed below, the time being 6 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, and 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 Name of Cases: (a) City of Vernon vs. Central Basin Municioal Water District, LASC No. BC 121124; 2CIV BI00019; (b) City of Vernon vs. Central Basin, etc.. Zastrow. et al., LASC No. BC 130693; 2CIV D098203; (c) City of South Gate. et al. vs. City of Los Anqeles. et al., LASC No. BC 129447; (d) The Atchison. Tooeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; (e) The City of Vernon v. The Atchison. Tooeka 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; The Director of Community Services was excused from the Closed Session at 6:05 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:06 p.m. Motion carried. 54$~ I I City Council Minutes page 8 It was moved by Ybarra, seconded by approve the discipline for the Utilityman II as the Director of Community Services and the City Motion carried. May 21, 1996 Davis, to recommended by Administrator. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by Gonzales, that the meeting adjourn to Thursday, May 23, 1996 at 4 p.m. Motion carried. ~~/: Mayor ATTEST: /L -4~ Bruce V. Malkenhorst City Clerk 5466