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19960806 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 6, 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 Adjourned Regular City Council Meeting held July 30, 1996, be deferred to the next City Council Meeting. Motion carried. Mayor Malburg presented a Fifteen Year Service Pin to Richard Stoykovich, Utilityman in the Community Services Department, and extended congratulations on behalf of the entire City Council. The Mayor called a recess at 5:03 p.m. The Council reconvened at 5:05 p.m., all members present before the recess again being present. Police Department Activity Log for the period July 16 thru 31, 1996, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period July 16 thru 31, 1996 be received and filed. Motion carried. Fire Department Activity Report for the period July 16 thru 31, 1996, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period July 16 thru 31, 1996, be received and filed. Motion carried. The City Clerk announced that now is the time for anyone in the audience who wishes 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 anyone wished to address the City Council at this time. Council. No one in the audience wished to address the City 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, was presented. (Deferred from the City Council Meeting held July 30, 1996.) David B. Brearley, City Attorney, addressed the Council and referred to a July 9, 1996 communication from the Sanitation District addressing this matter. It was moved by Gonzales, seconded by McCormick, that the communication from James Kinetz dated May 22, 1996 and the communication from the Sanitation District dated July 9, 1996, be received and filed. Motion carried. .. ;oc 5a26 I I City Council Minutes page 2 August 6, 1996 It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider adoption of Ordinance No. 1043 amending Sections 15.36, 15.36-1, 15.37, and 15.37-1 of the Code of the City of Vernon concerning business license taxes and adding Section 15.38 to said code relating to the establishment of a business license tax for businesses engaged in recycling lead-acid batteries and establishing a date for an election to be held to approve the levy of the business license taxes contained herein, the time being 5:07 p.m. Motion carried. There was no one in the audience who wished to make any comments on this matter. The City Attorney advised that the Public Hearing should be continued to the next City Council Meeting, and that no action should be taken on Ordinance No. 1043 at this time. It was moved by Gonzales, seconded by McCormick, to continue the aforementioned Public Hearing to the next City Council Meeting. Motion carried. ORDINANCE NO. 1043 - An Ordinance of the City Council of the City of Vernon Amending Sections 15.36, 15.36-1, 15.37, and 15.37-1 of the Code of the City of Vernon Concerning Business License Taxes and Adding Section 15.38 to Said Code Relating to the Establishment of a Business License Tax for Businesses Engaged in Recycling Lead-Acid Batteries and Establishing a Date for an Election to be Held to Approve the Levy of the Business License Taxes Contained Herein (FIRST READING) It was moved by Ybarra, seconded by Davis, that Ordinance No. 1043 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 1, 1996, was presented, transmitting an agreement with the Los Angeles Unified School District which will waive certain notification requirements of the California Environmental Quality Act (CEQA) and provide that the school district will notify Vernon only of those projects near the City. The County will notify the City of Vernon of any projects that are south of the 10 and 101 freeways, east of the 110 freeway, west of Garfield Avenue, and north of Firestone Boulevard. 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 Davis, seconded by Ybarra, that the communication from the City Clerk dated August 1, 1996, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6800 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement with the Los Angeles Unified School District to Waive CEQA Notification for Projects Outside Designated Boundaries, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6800 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated August 1, 1996, was presented, advising that Pan Metal Corporation has submitted Final Parcel Map No. 24403 subdividing the property located at the northeast corner of Alameda and 49th Streets, and transmitting the following information: 5"~ I I City Council Minutes page 3 August 6, 1996 1. Final Parcel Map No. 24403 2. Los Angeles County Public Works Acceptance Letter 3. Excerpts from the State Subdivision Map Act On February 6, 1996, the City Council approved the Tentative Parcel Map with four "Conditions" which have now been completed. The project is consistent with the Vernon General Plan and the State Subdivision Map Act and is exempt from the California Environmental Quality Act, and it is therefore recommended that Final Parcel Map No. 24403 be approved. It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services dated August 1, 1996 and all supporting documents be received and filed, and that Final Parcel Map No. 24403 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 1, 1996, was presented, recommending that the following personnel actions be approved: Merit Steo Increases Blanca Rubio, Personnel Clerk, Step 10, be granted a merit step increase to Personnel Clerk, Step 9, with a new monthly base salary of $1947, effective August 18, 1996, based on her satisfactory job performance since her date of hire. It was moved by Ybarra, seconded by McCormick, to grant Blanca Rubio a merit step increase to Personnel Clerk, Step 9, effective August 18, 1996. Motion carried. Victor Modesto, Utilityman III, Step 3, in the Community Services Department, be granted a merit step increase to Utilityman III, Step 2, with a new monthly base salary of $2833, effective September 1, 1996, based on his satisfactory job performance during the past year. It was moved by Davis, seconded by Gonzales, to grant Victor Modesto a merit step increase to Utilityman III, Step 2, effective September 1, 1996. Motion carried. Miscellaneous Police Officer Mark Dressen not be found chargeable for his on-duty accident occurring June 17, 1996, based on the findings of the Accident Investigation Committee and the recommendation of the Chief of Police. It was moved by McCormick, seconded by Gonzales, that Police Officer Mark Dressen be found not chargeable for his on- duty accident occurring June 17, 1996. Motion carried. WARRANT REGISTER NO. 944 covering claims and demands presented during the period of July 26 thru August 1, 1996, drawn on the First Interstate Bank totaling $319,251.66, which includes Demand Nos. 57799 thru 57937 (inclusive), excluding Light and Power Demands and Void Demand Nos. 57843 thru 57845 (inclusive), 57864 and 57865 (accounting period August, 1996), was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 944 be approved and payment authorized for claims and demands totaling $319,251.66, excluding Light and Power Demands. Motion carried. ;t;, Iii. 5524 I I City Council Minutes page 4 August 6, 1996 WARRANT REGISTER NO. 944 covering claims and demands presented during the period of July 26 thru August 1, 1996, drawn on the First Interstate Bank totaling $182,137.23, which includes Light and Power Demand Nos. as listed below (accounting period August, 1996), was examined and audited: 57807 57813 57816 57817 57818 57819 57820 57821 57825 57839 57840 57850 57857 57866 57869 57882 57885 57887 57891 57903 57923 57933 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 944 be approved and payment authorized for claims and demands totaling $182,137.23. 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 5:22 p.m. The Council reconvened in regular session at 5:24 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:24 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, Fire Chief, Director of Light and Power, Mrs. Purvis, and Mr. Bollinger, a private investigator. The Mayor ordered that all communications to and from the Closed Session be 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 Mrs. Purvis and Mr. Bollinger were excused from the Closed Session at 5:32 p.m. The Fire Chief was excused from the Closed Session at 5:39 p.m. Session. At 5:40 p.m. the System Operator entered the Closed The System Operator was excused from the Closed Session at 5:45 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session relating to Item No. 1 and resume regular session, the time being 5:55 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Item Nos. 2, 3, and 4 listed below, the time being 5:55 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 Light and Power. 5523 '--. , I I City Council Minutes page 5 August 6, 1996 The Mayor ordered that all communications to and from the Closed Session be 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) 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; 2CIV D098203; (c) City of South Gate, et ale vs. City of Los Anqeles, et al., LASC No. BC 129447; 2CIV B100019 (d) The Atchison, Topeka and Santa Fe Railwav vs. Citv of Vernon; LASC No. BC 123510; (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; (i) Vernon V. Southern California Gas Company, CPUC No. 96-05-038; (j) FERC Docket No. OA-96-76 (Open Access); (k) Allstate, etc. et ale v. Vernon, Case No. VC022411; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Federal Insurance Company 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 5522 I I City Council Minutes page 6 August 6, 1996 The Director of Light and Power was excused from the Closed Session at 6:10 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 6:15 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Firefighter be released from his position based on his failure to report to duty which is considered an abandonment of said position. Motion carried. It was moved by Gonzales, seconded by McCormick, that the System Operator be disciplined as recommended by the Director of Light and Power. Motion carried. It was moved by Ybarra, seconded by Davis, to accept the Los Angeles Department of Water and Power consent to a termination of the contract between the City of Vernon and the Department of Water and Power of the City of Los Angeles for Palo Verde Nuclear Generating Station Transmission Service Agreement effective July 31, 1996, and that the City Administrator is authorized to pay all fees and charges due pursuant to the agreement through its termination date. Motion carried. It was moved by Davis, seconded by McCormick, to deny the liability claim of Federal Insurance Company. Motion carried. 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 City Clerk 5521