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19960709 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 9, 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, McCormick, Davis, 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 June 18, 1996, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Adjourned City Council Meeting held June 27, 1996, be approved as submitted and adopted. Motion carried. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council: James Persons, Project Engineer - 35 Years James Mason, Police Captain - 30 Years Stella Pasillas, Utility Clerk - 15 Years The below listed employees were unable to attend the meeting and their Service Pins were accepted by the Police Chief: Delma Finley, Police Officer - 5 Years David Rumley, Police Officer - 5 Years The Mayor called a recess at 5:06 p.m. The Council reconvened at 5:10 p.m., all members present before the recess again being present. Communication from Bruce V. Malkenhorst, City Clerk, dated July 2, 1996, was presented, advising that the Light and Power Department is awarding Ali R. Nourmohamadian, Electrical Engineering Associate, a 1996 SPIRITS Level I Award for his outstanding performance during the past year. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated July 2, 1996, be received and filed. Motion carried. Police Department Activity Log for the period June 16 thru 30, 1996, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period June 16 thru 30, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period June 16 thru 30, 1996, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period June 16 thru 30, 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. 5510 I I City Council Minutes page 2 July 9, 1996 The Mayor asked if there was anyone who wished to address the Council. No one wished to address the City Council. The City Clerk advised that the following matter should be deferred to the next Council Meeting. Communication from James Kinetz, First Vice President of CB Commercial Real Estate Group, Inc., dated May 22, 1996, on behalf of Zacky Foods and L.A. Industrial Laundry concerning property at 3300 Bandini Boulevard, and requesting authorization for the transfer of certain sewage units from Vernon to Montebello. (Deferred from the City Council Meeting held June 18, 1996.) It was moved by Ybarra, seconded by Gonzales, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. The City Clerk advised that the following two matters should be removed from the Agenda at this time. RESOLUTION NO. 6799 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an ACCESS Project Letter Agreement By and Between the City of Vernon and the Southern California Association of Governments ("SCAG"). (Deferred from the City Council Meeting held June 18, 1996.) It was moved by Davis, seconded by Ybarra, that Resolution No. 6799 be removed from the Agenda and no other action be taken. Motion carried. RESOLUTION NO. 6800 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Database License Agreement By and Between the City of Vernon and Thomas Bros. Maps to Facilitate the SCAG ACCESS Project. (Deferred from the City Council Meeting held June 18, 1996. ) .! ~. ~ i P It was moved by McCormick, seconded by Gonzales, that Resolution No. 6800 be removed from the Agenda and no other action be taken. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated June 6, 1996, was presented, requesting authority and funds for Sgt. Anthony Zack to attend the Drug Recognition Expert Course in Burbank, August 12-23, 1996, with an expense allowance of $289 of which $184 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Sgt. Anthony Zack to attend the afore- mentioned course with an expense allowance of $289. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated June 6, 1996, was presented, requesting authority and funds for Sgt. Penny Turner to attend a Police Supervision Course in Whittier, August 5-16, 1996, with an expense allowance of $288 of which $158 will be reimbursed by POST. It was moved by Ybarra, seconded by McCormick, that authority be granted for Sgt. Penny Turner to attend the afore- mentioned course with an expense allowance of $288. Motion carried. ~S:DI I I City Council Minutes page 3 July 9, 1996 Communication from Bruce V. Malkenhorst, City Clerk, dated June 26, 1996, was presented, advising that Norris Environmental Services, Inc., located at 5375 Boyle Avenue, is requesting an extension of their existing trailer permit. The company has stated they will either place the office structure on a permanent foundation, or seek another permanent option. This has been reviewed by the Director of Community Services, and it is hereby recommended that the trailer permit be extended to July 19, 1997. The City has received payment for said permit. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated June 26, 1996 be received and filed, and that the trailer permit for Norris Environmental Services, Inc. be extended to July 19, 1997. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated June 26, 1996, was presented, requesting authority and funds for Wenceslao Reynoso, Engineering Aide, to attend the International Conference of Building Officials Accessibility and Usability Seminar in Whittier on July 29, 1996, with an expense allowance of $112. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Engineering Aide Wenceslao Reynoso to attend the aforementioned seminar with an expense allowance of $112. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated June 26, 1996, was presented, requesting authority and funds for Richard Lucas, Senior Building Inspector, to attend the International Conference of Building Officials 1994 Uniform Building Code Nonstructural Update in Whittier on July 30, 1996, with an expense allowance of $112. It was moved by Davis, seconded by Ybarra, that authority be granted for Senior Building Inspector Richard Lucas to attend the aforementioned seminar with an expense allowance of $112. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated June 26, 1996, was presented, requesting authority and funds to attend the International Conference of Building Officials Combination Inspection Applications Seminar in Whittier, August 5-7, 1996, with an expense allowance of $315. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Kevin Wilson, Director of Community Services, to attend the aforementioned seminar with an expense allowance of $315. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 26, 1996, was presented, transmitting a Water Right License Agreement with Kal-Kan Foods, Inc. which allows the City to extract 140 acre-feet of Kal-Kan's allowed pumping allocation at a cost of $125 per acre-foot or $17,500 total. 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. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated June 26, 1996, be received and filed, and that his recommendation be approved. Motion carried. 5508 I I City Council Minutes page 4 July 9, 1996 RESOLUTION NO. 6817 - 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 Kal-Kan Foods, Inc. Which Grants the City of Vernon a License to Extract 140 Acre-Feet of Kal-Kan's Allowed Pumping Allocation for the Period July 1, 1996 Through June 30, 1997, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6817 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 26, 1996, was presented, transmitting a Water Right License Agreement with Pacific Coast Building Products which allows the City to extract 800 acre-feet of Pacific Coast Building Products' allowed pumping allocation at a cost of $130 per acre-foot or $104,000 total. 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. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated June 26, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6818 - 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 Pacific Coast Building Products, Which Grants the City of Vernon a License to Extract 800 Acre-Feet of Pacific's Allowed Pumping Allocation for the Period July 1, 1996 Through June 30, 1997, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6818 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated June 27, 1996, was presented, requesting authority and funds for Christopher Romero, Administrative Aide, to attend the 1996 Community Development Block Grant Program Labor Standards Workshop in Sacramento on July 23, 1996, with an expense allowance of $231. It was moved by McCormick, seconded by Ybarra, that authority be granted for Christopher Romero to attend the afore- mentioned workshop with an expense allowance of $231. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated July 2, 1996, was presented, advising that CDC Engineering, Inc. has submitted, on behalf of Catellus Development Corporation, Final Parcel Map No. 24480 subdividing the property located along the north side of District Boulevard between Lorna Vista and Corona Avenues, and transmitting the following information: 1. Final Parcel Map No. 24480 2. Los Angeles County Public Works Acceptance Letter 3. Excerpts from the State Subdivision Map Act At the City Council Meeting held March 26, 1996, the Tentative Parcel Map was approved with two "Conditions" which have now been completed. The project is consistent with the Vernon General Plan as adopted by the City of Vernon, and is consistent with the $501 I I City Council Minutes page 5 July 9, 1996 State Subdivision Map Act. This has been reviewed by the City Attorney, and it is hereby recommended that Final Parcel Map No. 24480 be approved. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services dated July 2, 1996 and attached documents be received and filed, and that Final Parcel Map No. 24480 be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 2, 1996, was presented, transmitting a Gas Sales Agreement with Pan Energy Gas Services, Inc. providing for the City's purchase of gas for the turbines for the period August I, 1996 thru July 31, 1997. This has been reviewed by the Director of Light and Power and City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated July 2, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6821 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Natural Gas Sales Agreement By and Between the City of Vernon and Pan Energy Services, Inc., was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6821 be approved and adopted. Motion carried. Communication from Louis Rosenkrantz, Chief of Police, dated July 3, 1996, was presented, requesting authority and funds for Police Officer David Rumley to attend a Field Training Officer Course at Rio Hondo College, July 29 thru August 2, 1996 with an expense allowance of $158.50 of which $92 will be I reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Officer David Rumley to attend the aforementioned course with an expense allowance of $158.50. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 3, 1996, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held July 8, 1996, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations contained in the Agenda for the Personnel Committee Meeting held July 8, 1996 be approved. Motion carried. The City Clerk advised the Council that the following matter should be removed from the Agenda. Communication from Bruce V. Malkenhorst, City Clerk, dated July 3, 1996, advising that the Finance Committee, at their :i meeting held June 17, 1996, approved renewing the agreement with "i Hinderliter, de Llamas & Associates providing for a sales tax management program. The agreement has now been reviewed by the City Attorney, and it is hereby recommended that said agreement be approved and executed. RESOLUTION NO. 6819 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Amendment No. 1 to an Agreement for Sales Tax Audit and Information Ser- vices By and Between the City of Vernon and Hinderliter, dellamas & Associates providing for a sales tax management program and approving renewal of the agreement. 880$ I I City Council Minutes page 6 July 9, 1996 It was moved by Gonzales, seconded by Ybarra, that the aforementioned matter be removed from the agenda and no other action taken at this time. Motion carried. RESOLUTION NO. 6820 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Loan Agreement for Initial Operating Costs By and Between the City of Vernon, California and the Southeast Cities Transportation Authority, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6820 be approved and adopted. Motion carried. RESOLUTION NO. 6822 - A Resolution of the City Council of the City of Vernon Repealing Resolution No. 6775 Which Approved and Authorized the Execution of a Settlement Agreement By and Between the City of Vernon and Chern-Tech Systems, Inc., was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6822 be approved and adopted. Motion carried. PAYROLL WARRANT REGISTER NO. 481 covering claims and demands presented during the period of May 12 thru June 8, 1996, drawn on the First Interstate Bank totaling $1,575,741.48 which includes Demand Nos. 8525 thru 8561 (inclusive) (accounting period June, 1996), was examined and audited. It was moved by McCormick, seconded by Davis, that Payroll Warrant Register No. 481 be approved and payment authorized for claims and demands totaling $1,575,741.48. Motion carried. WARRANT REGISTER NO. 941 covering claims and demand~ presented during the period of June 14 thru July 3, 1996, drawn on the First Interstate Bank totaling $484,717.03, which includes Demand Nos. 57282 thru 57509 (inclusive), excluding Light and Power Demands and Void Demands Nos. 57306, 57319, 57349 thru 57352 (inclusive), and 57408 (accounting period June Paid in July, 1996), was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 941 be approved and payment authorized for claims and demands totaling $484,717.03, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 941 covering claims and demands presented during the period of June 14 thru July 3, 1996, drawn on the First Interstate Bank totaling $866,020.28, which includes Light and Power Demand Nos. as listed below (accounting period June Paid in July, 1996), was examined and audited: 57292 57297 57299 57304 57310 57311 57312 57313 57314 57318 57320 57322 57323 57324 57329 57333 57334 57337 57338 57339 57344 57355 57356 57368 57375 57390 57399 57409 57419 57425 57427 57448 57464 57482 57483 57493 57495 57497 57502 57508 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 941 be approved and payment authorized for claims and demands totaling $866,020.28. 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. The Mayor called a recess at 5:35 p.m. , ,',',' shAt I I City Council Minutes page 7 July 9, 1996 The Council reconvened in regular session at 5:40 p.m., all members present before the recess again being present. There were no issues 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 to confer on Items No.2, 3, and 4 listed below, the time being 5:40 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 Municioal Water District, LASC No. BC 121124; 2CIV Bl00019; (b) City of Vernon vs. Central Basin, etc., Zastrow, et al., LASC No. BC 130693; 2CIV D098203; (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) 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 (SoCalGas) (BCAP) ; (g) CPUC Docket No. A.91-03-039 (SoCalGas) (BCAP) ; (h) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723 and 2 CIV B077228; (i) Vernon v. Southern California Gas Company, CPUC No. 96-05-038; (i) Johnson & Vincent v. Vernon, LASC BS 039646; 5501 I I City Council Minutes page 8 July 9, 1996 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: LUCIA URIBE Agency claimed against: City of Vernon Claimant: PEDRO OLIVA GONZALES Agency claimed against: City of Vernon Claimant: GERARDO MARRON Agency claimed against: City of Vernon 4. 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 Initiation of litigation: (1) potential case Councilman Davis was excused from the Closed Session at 5:52 p.m. 5:54 p.m. Councilman Davis returned to the Closed Session at It was moved by Ybarra, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 5:55 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that each of the liability claims pertaining to Ms. Lucia Uribe, Mr. Pedro Oliva Gonzales, and Mr. Gerardo Marron be denied. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Attorney's actions in intervening in FERC Docket No. ER96-2133-000 are hereby ratified. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. 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. ATTEST: ~ Bruce V. Malkenhorst, 1803 , I I ; I I NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON TO BE HELD JULY 2, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY THE CITY CLERK (DUE TO LACK OF QUORUM) TO TUESDAY, JULY 9, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. By !/~~ Gloria J. Oros Chief Deputy ity Clerk AFFIDAVIT OF POSTING NOTICE 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 3rd day of July, 1996 have posted: The above Notice of Adjournment for the City Council Meeting to be held July 2, 1996. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was to be held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Dated: '/ /.3/90 / / .~tJV~ 9- a~~ Gloria J. Orosc~ Chief Deputy C&ty Clerk NOAl