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19960903 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 3, 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 Meetings held July 30 and August 6 and 20, 1996, be deferred to the next City Council Meeting. Motion carried. It was moved by Gonzales, seconded by Davis, that the Minutes of the Special City Council Meeting held August 15, 1996, be approved. Motion carried. The City Clerk announced that now was the time to present service pins to the following employees: Daniel Garcia, Power Resource Coordinator - 10 Years Juan Garcia, Utilityman - 5 Years The above listed employees were unable to attend the meeting and the Mayor gave the service pins to the respective department head and asked that they extend the City Council's congratulations. Police Department Activity Log for the period August 16 thru 31, 1996, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period August 16 thru ' 31, 1996, be received and filed. Motion carried. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period August 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 anyone wished to address the City Council. There was no one who wished to address the Council. It was moved by Davis, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Kenwood Realty Corporation and A & B Stern Family Trust for a Variance to allow the tenant to utilize six non-conforming truck loading spaces at property located at 1900-1950 25th Street in the City of Vernon, the time being 5:09 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the Council and briefly summarized this issue. Communication from Bruce V. Malkenhorst, City Clerk, dated August 27, 1996, was presented, advising that Kenwood\ Realty Corporation and A & B Stern Family Trust have submitted an application for a Variance from the Comprehensive Zoning Ordinance, Development Standards, for the buildings located at 1900 and 1950 25th Street and transmitting the following evidence: ..;5 fi51 I I City Council Minutes page 2 September 3, 1996 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has six non-conforming truck loading spaces that are 9 feet wide and 59 feet long, and they are proposing to use only vehicles of a smaller length at these 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. Kenwood Realty Corporation and A & B Stern Family Trust shall bring the two center truck loading spaces measuring 59.0 feet in length and 9.0 feet in width to 81.0 feet in length and 9.0 feet in width to accommodate longer trucks. Plans for said construction shall be submitted within one month of adoption of Resolution 6844. Permits shall be obtained for said work within two months of the adoption of Resolution 6844. Construction shall be started on said work within three months of the adoption of Resolution 6844, and con- struction shall be completed within six months of adoption of Resolution No. 6844. b. The usage of the four non-conforming truck loading spaces 59.0 feet in length shall be limited to trucks of smaller lengths, so that any trucks parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. c. Within one month of the adoption of Resolution No. 6844, Kenwood Realty Corporation and A & B Stern Family Trust shall deliver a $10,000 Certificate of Deposit to the City of Vernon, to be refunded to Kenwood Realty Corporation and A & B Stern Family Trust, including the interest earned, upon compliance with above Condition "a". If compliance with above Condition "a" has not been attained, then the Certificate of Deposit shall be retained by the City of Vernon to construct curb, gutter, sidewalk, and a suitable barrier to eliminate the usage of all non- conforming loading docks. d. All existing and future tenants shall be notified of these restrictions and a condition stating the same shall be placed in all future leases. The Mayor asked if there were any questions. Councilman Davis asked if this property would be affected when the Alameda Corridor is built. Mr. Wilson stated that no, he didn't believe that it would be greatly affected. The property line comes close to the beginning of the Southern Pacific Railroad property. It was moved by Ybarra, seconded by McCormick, to close the Public Hearing regarding the request for a Variance from Kenwood Realty Corporation and A & B Stern Family Trust, the time being 5:11 p.m. Motion carried. 5553 I I City Council Minutes page 3 September 3, 1996 It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated August 27, 1996 and all supporting documents be received and filed, and that the Variance be granted to Kenwood Realty Corporation and A & B Stern Family Trust contingent upon their adherence to the aforementioned Conditions "a" thru "d". Motion carried. RESOLUTION NO. 6844 - A Resolution of the City Council of the City of Vernon Granting a Variance to Kenwood Realty Corporation and A & B Stern Family Trust from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 1900 and 1950 25th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6844 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 13, 1996, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant, to attend the 1996 Labor and Employment Law Symposium in Monterey, September 26-27, 1996, with an expense allowance of $949.00. It was moved by McCormick, seconded by Ybarra, that authority be granted for Joan Francone to attend the afore- mentioned symposium with an expense allowance of $949.00. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 14, 1996, was presented, requesting authority and funds for Elizabeth Sawickis, Records Manager, to attend the 1996 California Law Enforcement Association of Records Managers Training Conference in Visalia, October 8-11, 1996, with an expense allowance of $690.50. It was moved by Davis, seconded by Gonzales, that authority be granted for Elizabeth Sawickis to attend the afore- mentioned conference with an expense allowance of $690.50. Motion carried. ~ ~ Communication from Bruce V. Malkenhorst, City Administrator, dated August 22, 1996, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilmen Hilario Gonzales, William Davis and William McCormick to attend the National League of Cities Conference in San Antonio, Texas, December 7-10, 1996, with an expense allowance of $2365 each. It was moved by Ybarra, seconded by Davis, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $2365 each. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated August 22, 1996, was presented, advising that Danjon Engineering, Inc. has submitted, on behalf of Adaya Asset District, L.P., Tentative Parcel Map No. 24605 for investigation and report in accordance with the Subdivision Map Act, and transmitting the following evidence: 1. Print of Tentative Parcel Map No. 24605; 2. Engineer's Report; 3. Notice of Intent to adopt a Negative Declaration and affidavits of posting and mailing; 4. Excerpts from the Subdivision Map Act; 55~2 I I City Council Minutes page 4 September 3, 1996 5. Environmental Information Form. It is the opinion of the Director of Community Services that the adoption of the Tentative Parcel Map will pose no adverse effects on the City of Vernon or any other surrounding areas. The project is consistent with the General Plan as adopted by the City of Vernon and will not have a significant effect on the environment and no mitigating measures are required. Since the Parcel being subdivided was a portion of a recent subdivision consisting of four lots, this subdivision must go through the California Quality Act Process; therefore, it is hereby recommended that the City Council deter.mine that: 1. The project is consistent with the General Plan as adopted by the City of Vernon. 2. The project will not have a significant effect on the environment and therefore a Negative Declaration be adopted. 3. The project will not individually or cumulatively have an adverse effect on wildlife resources, and that a De Minimus Finding be filed with the County Clerk. This has been reviewed by the City Attorney, and it is further recommended that Tentative Parcel Map No. 24605 be approved with the following Conditions: 1. Provide a drainage easement on Parcell to benefit Parcel 2. 2. Provide an ingress and egress easement at the southwest corner of Parcel 2 to benefit Parcel 1 at the entrance to the site at District Boulevard. 3. Provide an ingress and egress easement on Parcel 1 to benefit Parcel 2 for truck maneuvering purposes. 4. Provide a 10 foot wide utility easement on Parcel 2 to benefit Parcel 1 so water services can be provided. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. The Mayor asked if there were addresses for this area. Mr. Wilson stated yes, that as of today, addresses had been given but he did not have them at hand, and he will submit them to the Chief Deputy City Clerk. Mr. Wilson submitted the addresses pertaining to this property as 4641 and 4661 District Boulevard. It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services and all supporting documents be received and filed. Motion carried. It was moved by Ybarra, seconded by Gonzales, that Council hereby determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. 5551 I I City Council Minutes page 5 September 3, 1996 It was moved by McCormick, seconded by Davis, that the Council hereby determines that the project will not have a significant effect on the environment, and that a Negative Declaration be adopted. Motion carried. It was moved by Ybarra, seconded by Davis, that the Council hereby determines that the project will not individually or cumulatively have an adverse effect on wildlife resources, and that a De Minimus Finding be filed with the County Clerk. Motion carried. It was moved by Gonzales, seconded by Davis, that Tentative Parcel Map No. 24605 be approved contingent upon adherence to the aforementioned Conditions 1 thru 4. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated August 26, 1996, was presented, advising that the Traffic Signal Maintenance Agreement with Signal Maintenance, Inc. (Contract No. 443) expires August 31, 1996. The contract provides for extension by mutual agreement, and the company has indicated they would like to continue under the present contract and they are not requesting a fee adjustment for next year. This has been reviewed by the City Attorney, and it is hereby recommended that Contract No. 443 be extended to August 31, 1997. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services dated August 26, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6848 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a One-Year Extension of Contract No. 443 (1996-1997) By and Between the City of Vernon and Signal Maintenance, Inc., was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6848 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated August 26, 1996, was presented, requesting authority and funds for Richard Lucas, Senior Building Inspector, to attend the Certified Energy Plans Examiner Workshop in Irwindale on September 23, 1996, with an expense allowance of $185.00. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Richard Lucas to attend the afore- mentioned workshop with an expense allowance of $185.00. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 27, 1996, was presented, requesting authority and funds for Lt. Bruce Olson to attend the Limited Term Facilities Administrators and Managers Conference in South Lake Tahoe, October 9-11, 1996, with an expense allowance of $735.10. It was moved by Davis, seconded by Ybarra, that authority be granted for Lt. Bruce Olson to attend the afore- mentioned conference with an expense allowance of $735.10. Motion carried. Communication from Fire Chief Dave Telford, dated August 27, 1996, was presented, requesting authority and funds to attend Fire Chief Workshop No. 7 in Lake Arrowhead, October 9-11, 1996, with an allowance of $300 for the registration fee. 5550 I I City Council Minutes page 6 September 3, 1996 It was moved by McCormick, seconded by Gonzales, that authority be granted for Chief Dave Telford to attend the afore- mentioned workshop with an allowance of $300 for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 27, 1996, was presented, advising that Pan Metals, Inc. has requested permission to maintain a building canopy, foundation, and retaining wall in 49th Street. They have executed an Encroachment License Agreement, and have provided the required insurance and fees. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that Encroachment License Agreement No. 382 be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated August 27, 1996, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6849 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 382 By and Between the City of Vernon and Pan Metals, Inc., was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6849 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated August 27, 1996, was presented, requesting authority and funds to attend the 1996 California Public Employers Labor Relations Association Meeting in Monterey, November 6-8, 1996, with an expense allowance of $1010. It was moved by Ybarra, seconded by Davis, that authority be granted for the City Administrator to attend the aforementioned meeting with an expense allowance of $1010. Motion carried. Communication from Louis Rosenkrantz, Police Chief, dated August 28, 1996, was presented, requesting authority and funds to attend the California Association of Polygraph Examiners Seminar in San Diego, September 27-28, 1996, with an expense allowance of $431.32. It was moved by McCormick, seconded by Gonzales, that authority be granted for Chief Louis Rosenkrantz to attend the aforementioned conference with an expense allowance of $431.32. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 29, 1996, was presented, recommending that the following personnel actions be approved: Reimbursements Police Officer David Rumley be reimbursed $179.90 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Cerritos College related to his position with the City. It was moved by Ybarra, seconded by Davis, to reimburse Officer David Rumley $179.90 from the Education and Training Appropriation Account. Motion carried. i)~~ I I City Council Minutes page 7 September 3, 1996 Police Officer Matthew Saidleman be reimbursed $91.74 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Citrus College related to his position with the City. It was moved by McCormick, seconded by Gonzales, to reimburse Officer Matthew Saidleman $91.74 from the Education and Training Appropriation Account. Motion carried. Police Officer Michael Docherty be reimbursed $108.73 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Citrus College related to his position with the City. It was moved by Davis, seconded by Ybarra, to reimburse Officer Michael Docherty $108.73 from the Education and Training Appropriation Account. Motion carried. Police Sergeant Penny Turner be reimbursed $100 from the Education and Training Appropriation Account for her satisfactory completion of courses taken at Rio Hondo College related to her position with the City. It was moved by McCormick, seconded by Ybarra, to reimburse Sgt. Penny Turner $100 from the Education and Training Appropriation Account. Motion carried. Tom Kennedy, Engineering Aide, be reimbursed $440.33 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at California State University Fullerton related to his position with the City. It was moved by Gonzales, seconded by Davis, to reimburse Tom Kennedy $440.33 from the Education and Training Appropriation Account. Motion carried. Kenneth Jackson, Utilityman, be reimbursed $103.50 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Mount San Antonio College related to his position with the City. It was moved by Ybarra, seconded by McCormick, to reimburse Kenneth Jackson $103.50 from the Education and Training Appropriation Account. Motion carried. Firefighter Daniel Armellini be reimbursed $520 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Long Beach City College related to his position with the City. It was moved by Gonzales, seconded by Ybarra, to reimburse Firefighter Daniel Armellini $520 from the Education and Training Appropriation Account. Motion carried. Elias Zepeda, Utilityman, be reimbursed $49.50 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Rancho Santiago College related to his position with the City. It was moved by Davis, seconded by McCormick, to reimburse Elias Zepeda $49.50 from the Education and Training Appropriation Account. Motion carried. Felix Saldana, Utilityman, be reimbursed $57.50 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Rancho Santiago College related to his position with the City. 5548 I I City Council Minutes page 8 September 3, 1996 It was moved by Ybarra, seconded by Gonzales, to reimburse Felix Saldana $57.50 from the Education and Training Appropriation Account. Motion carried. James Gonzales, Field Operations Manager, be reimbursed $1500 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at the University of La Verne related to his position with the City. It was moved by McCormick, seconded by Davis, to reimburse James Gonzales $1500 from the Education and Training Appropriation Account. Motion carried. Sharon Duckworth, Budget Auditor, be reimbursed $871.25 from the Education and Training Appropriation Account for her satisfactory completion of courses taken at the University of Phoenix (Pasadena) related to her position with the City. It was moved by Ybarra, seconded by Gonzales, to reimburse Sharon Duckworth $871.25 from the Education and Training Appropriation Account. Motion carried. Merit Step Increases Patrick Keye, System Operator, Step 5, in the Light and Power Department, be granted a merit step increase to System Operator, Step 4, with a new monthly base salary of $3262, effective September 15, 1996, based on his satisfactory job performance during the past year. It was moved by Davis, seconded by McCormick, to grant Patrick Keye a merit step increase to System Operator, Step 4, effective September 15, 1996. Motion carried. Vito Gaxiola, Police Officer, Step 6, be advanced to Police Officer, Step 5, with a new monthly base salary of $3321 effective August 26, 1996, based on his graduation from the Rio Hondo Police Academy on August 23, 1996 and in accordance with Section 2.5 of the Memorandum of Understanding dated March 1, 1988. It was moved by Ybarra, seconded by Gonzales, to advance Vito Gaxiola to Police Officer, Step 5, effective August 26, 1996. Motion carried. Reclassifications Mike DeFrank, Engineering Aide II, Step 1, in the Community Services/Water Department, be reclassified to Engineering Aide I, Step 4, with a new monthly base salary of $3907, effective September 1, 1996. It was moved by McCormick, seconded by Davis, to reclassify Mike DeFrank to Engineering Aide I, Step 4, effective September 1, 1996. Motion carried. Tom Kennedy, Engineering Aide I, Step 3, in the Community Services/Water Department, be reclassified to Engineering Technician, Step 4, with a new monthly base salary of $4354, effective September 1, 1996. It was moved by Gonzales, seconded by Ybarra, to reclassify Tom Kennedy to Engineering Technician, Step 4, effective September 1, 1996. Motion carried. "W I I City Council Minutes page 9 September 3, 1996 WARRANT REGISTER NO. 946 covering claims and demands presented during the period of August 16 thru 29, 1996, drawn on the First Interstate Bank totaling $514,733.69, which includes Demand Nos. 58142 thru 58310 (inclusive), excluding Light and Power Demands and Void Demand Nos. 58174, and 58194 thru 58196 (inclusive) (accounting period September, 1996), was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 946 be approved and payment authorized for claims and demands totaling $514,733.69, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 946 covering claims and demands presented during the period of August 16 thru 29, 1996, drawn on the First Interstate Bank totaling $1,519,172.99, which includes Light and Power Demand Nos. as listed below (accounting period September, 1996), was examined and audited: 58150 58164 58180 58190 58208 58244 58285 58304 58152 58165 58181 58191 58218 58249 58288 58153 58168 58182 58192 58220 58263 58289 58155 58169 58183 58200 58223 58271 58290 58160 58170 58184 58202 58229 58276 58299 58162 58176 58185 58203 58231 58278 58301 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 946 be approved and payment authorized for claims and demands totaling $1,519,172.99. 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 5:44 p.m. The Council reconvened in regular session at 5:46 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:46 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 Light and Power, and System Operator of the Light and Power Department. 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 System Operator was excused from the Closed Session at 5:50 p.m. The Director of Light and Power was excused from the Closed Session at 5:59 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 p.m. Motion carried. S5(~ I I City Council Minutes page 10 September 3, 1996 The City Attorney advised that there were no issues to be discussed in Closed Session Item No.2. 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; (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, 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; (i) Vernon V. Southern California Gas Comoany, CPUC No. 96-05-038; (j) FERC Docket No. OA-96-76 (Open Access); (k) Allstate, etc. et ale V. Vernon, Case No. VC022411; The following matter was deferred from the Special City Council Meeting held August 29, 1996: Consideration and discussion to terminate the "Agreement to Form Association and to Conduct Litigation" effective as of January 30, 1995. Resolution No. 6847 - A Resolution of the City Council of the City of Vernon Authorizing the Termination of the Agreement to Form Association and to Conduct Litigation. (Deferred from the Special City Council Meeting held August 29, 1996.) The City Attorney advised the Council that the aforementioned matter should be deferred until the next City Council Meeting. It was moved by Ybarra, seconded by McCormick, that the aforementioned matter be deferred until the next City Council meeting. Motion carried. 5~45 I I City Council Minutes page 11 September 3, 1996 It was moved by Gonzales, seconded by Ybarra, that the System Operator be released from his position effective September 3, 1996 at the close of the business day. 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. ~~ V? .~t: , ~.?O-f/r..; .., . Leonis C. Mal urg ~ ayor ATTEST: ~-/~ Bruce V. Malkenhorst City Clerk $Stt-