Loading...
19960917 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 17, 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, Gonzales, Davis, 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 September 3, 1996, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Adjourned Special City Council Meeting held August 29, 1996, be approved as submitted and adopted. Motion carried. It was moved by Davis, seconded by Ybarra, that the Minutes of the Regular City Council Meetings held July 30, August 6 and 20, 1996, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 12, 1996, was presented, advising that the below listed employees have qualified in the month of August 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 Employee Award 08/23/93 09/01/78 08/27/84 OS/27/84 Ana Bedoy, Dispatcher Robert Kipness, Foreman William Wilson, Engineering Aide Manuel Garcia, Chief Water & Power Disp. 3 Year 3 Year 4 Year 10 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. 10/28/81 07/08/91 06/18/90 Melody Rogers, Secretary David Rumley, Police Officer Benjamin Potter, Vernon Service Officer 2 Year 2 Year 4 Year The Mayor called a recess at 5:07 p.m. The Council reconvened in regular session at 5:09 p.m., all members present before the recess again being present. Police Department Activity Log for the period September 1 thru 15, 1996, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period September 1 thru 15, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period September 1 thru 15, 1996, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period September 1 thru 15, 1996, be received and filed. Motion carried. 55$1 I I City Council Minutes page 2 September 17, 1996 Health Department Report for the month of August, 1996, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of August, 1996, be received and filed. Motion carried. Risk Management Report for the month of August, 1996, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of August, 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. There was no one in the audience wishing to address the Council at this time. Communication from Police Chief Louis Rosenkrantz, dated August 30, 1996, was presented, requesting authority and funds for Police Officer Christian Moscoso to attend the Western States Safe and Burglary Training Seminar in San Francisco, October 13-17, 1996, with an expense allowance of $785.58. It was moved by Gonzales, seconded by Ybarra, that authority be granted for Officer Christian Moscoso to attend the aforementioned seminar with an expense allowance of $785.58. Communication from Police Chief Louis Rosenkrantz, dated August 30, 1996, was presented, requesting authority and funds for Police Officer Robert Osborne to attend the Southern California Fraud Investigators Training Seminar in Palm Springs, October 9-11, 1996, with an expense allowance of $630.20. It was moved by McCormick, seconded by Gonzales, that authority be granted for Officer Robert Osborne to attend the aforementioned seminar with an expense allowance of $630.20. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 10, 1996, was presented, requesting authority and funds for Secretary Claudia Gomez to attend the Secretary's Learning Conference in Anaheim on October 1, 1996 with an expense allowance of $141.50. It was moved by Ybarra, seconded by Davis, that authority be granted for Claudia Gomez to attend the afore- mentioned conference with an expense allowance of $141.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 11, 1996, was presented, requesting authority and funds for Gloria Orosco, Chief Deputy City Clerk, to attend the Successful Records Management Seminar in Fullerton, November 7-8, 1996, with an expense allowance of $445. It was moved by Davis, seconded by Ybarra, that authority be granted for Gloria Orosco to attend the afore- mentioned seminar with an expense allowance of $445. Motion carried. 5560 I I City Council Minutes page 3 September 17, 1996 Communication from Bruce V. Malkenhorst, City Clerk, dated September 12, 1996, was presented, advising that at the City Council Meeting held August 20, 1996, a Variance regarding installation of an ammonia diffusion tank was granted to u.S. Growers Cold Storage. Staff has determined that the "Conditions" placed on the Variance were overly restrictive and did not allow for design flexibility. This has been reviewed by the Director of Community Services, the Fire Chief and the Director of Environmental Health and it has been determined that a design of equivalent safety can be accomplished utilizing a single wall tank; therefore, it is hereby recommended that the Conditions on the Variance from Sections 1108 and 1109 of the Uniform Mechanical Code, and Sections 6308 and 6309 of the Uniform Fire Code (approved on August 20) be replaced with the following Condition: The ammonia diffusion tank shall have a redundant leak detection system approved by the Directors of Community Services and Environmental Health. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated September 12, 1996, be received and filed, and that the two Conditions on the Variance previously granted to U. S. Growers Cold Storage (from Sections 1108 and 1109 of the Uniform Mechanical Code, and Sections 6308 and 6309 of the Uniform Fire Code) be replaced with the aforementioned Condition. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 11, 1996, was presented, advising that Catellus Development Corporation and Daniel C. Fessenden Company are the owners of two adjoining parcels of land at 4440 49th Street and 4455 Fruitland Avenue respectively, and have requested an adjustment of the boundary line which will result in a portion of land being transferred from the northerly parcel to the southerly parcel. This has been reviewed by the Director of Community Services, and it is hereby recommended that the Lot Line Adjustment be approved. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated September 11, 1996, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6850 - A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment Requested by Catellus Development Corporation and Daniel C. Fessenden Company, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6850 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated September 12, 1996, was presented, advising that Heger Realty, on behalf of 37th Street Properties, has submitted Final Parcel Map No. 24344 subdividing the property located on 37th Street between Saco and Ross Streets, and transmitting the following documents: 1. Final Parcel Map No. 24344 2. Los Angeles County Public Works Acceptance Letter 3. Excerpts from the State Subdivision Map Act. They are proposing to split the existing parcel into three lots. The project is consistent with the Vernon General Plan and with the State Subdivision Map Act, and is exempt from the California Environmental Quality Act. Tentative Parcel Map No. 24344 was 5559 I I City Council Minutes page 4 September 17, 1996 approved by City Council on September 5, 1995 with five "Conditions" which have now been completed. This has been reviewed by the City Attorney, and it is hereby recommended that Parcel Map No. 24344 be approved. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services dated September 12, 1996 and all supporting documents be received and filed, and that Final Parcel Map No. 24344 be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 12, 1996, was presented, recommending that Mayor Pro Tem Thomas Ybarra be reappointed Director, and Councilman Hilario Gonzales, Alternate Director, on behalf of the City on the Board of Directors of the Alameda Corridor Transportation Authority (ACTA). It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated September 12, 1996, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6852 - A Resolution of the City Council of the City of Vernon Reappointing Thomas A. Ybarra to Represent the City of Vernon as a Director on the Governing Board of the Alameda Corridor Transportation Authority ("ACTA") and Appointing Hilario Gonzales to Act as the Alternate Director on Said Board, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6852 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 12, 1996, was presented, transmitting the Minutes of the Finance Committee Meeting held September 10, 1996, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Ybarra, that the Minutes of the Finance Committee Meeting held September 10, 1996, be approved. Motion carried. RESOLUTION NO. 6851 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Provide Mandated Cost Claiming Services By and Between the City of Vernon and David M. Griffith and Associates, Ltd. for Fiscal Year 1996-1997, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6851 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 12, 1996, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held September 16, 1996, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that this be deferred to after Closed Session later this date. Motion carried. WARRANT REGISTER NO. 947 covering claims and demands presented during the period of August 30 thru September 12, 1996, drawn on Wells Fargo Bank totaling $415,945.89, which includes Demand Nos. 58311 thru 58493 (inclusive), excluding Light and 5S58 I I City Council Minutes page 5 September 17, 1996 Power Demands and Void Demand Nos. 58358 thru 58361 (inclusive) and 58408 (accounting period September, 1996), was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 947 be approved and payment authorized for claims and demands totaling $415,945.89, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 947 covering claims and demands presented during the period of August 30 thru September 12, 1996, drawn on Wells Fargo Bank totaling $565,182.39, which includes Light and Power Demand Nos. as listed below (accounting period September, 1996), was examined and audited: 58312 58317 58324 58325 58339 58340 58341 58342 58343 58344 58345 58346 58353 58354 58355 58357 58368 58369 58378 58384 58387 58389 58390 58393 58406 58409 58418 58421 58427 58435 58437 58455 58463 58464 58465 58474 58476 58478 58480 58489 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 947 be approved and payment authorized for claims and demands totaling $565,182.39. 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. 483 covering claims and demands presented during the period of July 7 thru August 17, 1996, drawn on Wells Fargo Bank totaling $2,359,260.83 which includes Demand Nos. 8601 thru 8648 (inclusive) (accounting period August, 1996), was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 483 be approved and payment authorized for claims and demands totaling $2,359,260.83. Motion carried. deferred. The City Attorney asked that the following matter be 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 City Council Meeting held September 3, 1996.) It was moved by McCormick, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Consideration of a Loan Agreement for Initial Operating Costs with the New Southeast Cities Transportation Authority. It was moved by Gonzales, seconded by Ybarra, to approve a Loan Agreement for Initial Operating Costs with the New Southeast Cities Transportation Authority. Motion carried. RESOLUTION NO. 6853 - 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 New Southeast Cities Transportation Authority, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6853 be approved and adopted. Motion carried. 5557 I I City Council Minutes page 6 September 17, 1996 The Mayor called a recess at 5:27 p.m. The Council reconvened in regular session at 5:36 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 5:36 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief of Police, Fire Chief, and Chief Deputy City Clerk. 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 The Police Chief was excused from the Closed Session at 5:45 p.m. The Fire Chief was excused from the Closed Session at 5:47 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 5:50 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Item No. 2 listed below, the time being 5:51 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 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) City 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 B098203; (c) City of South Gate, et al. vs. City of Los Anqeles, et al., LASC No. BC 129447; 2CIV B100019; (d) The Atchison, Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; 2CIV B102025i (e) The City of Vernon v. The Atchison. Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; 5556 I I City Council Minutes page 7 September 17, 1996 (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; (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; (1) Maxwell v. Vernon, et al., LASC No. BC 124517; 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 Ybarra, seconded by Davis, that the Vernon Service Officer be released from his position based on his failure to pass probation. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Police Officer be disciplined as recommended. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 12, 1996, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held September 16, 1996, for approval of the recommendations contained therein. (Deferred from earlier in the meeting.) It was moved by Ybarra, seconded by Davis, that the recommendations contained in the Agenda for the Personnel Committee meeting held September 16, 1996, be approved. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Director of Light and Power be granted a five percent increase effective September 29, 1996. Motion carried. It was moved by McCormick, seconded by Ybarra, to approve settlement and accept the General Release of All Claims in the matter of Maxwell v. Vernon. Motion carried. RESOLUTION NO. 6854 - A Resolution of the City Council of the City of Vernon Withdrawing the Alternate Offer of Settlement with Modifications in the Litigation Entitled City of South Gate, et al. vs. City of Los Anqeles, et al., LASC No. BC 129447, Court of Appeal No. 2ND CIV No. B100019 It was moved by Davis, seconded by Ybarra, that Resolution No. 6854 be approved and adopted. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. " ~ d~ .' ~ ATT~ /4~~~;f[t~.<f{f:,~fi.Yor · Bruce V. Malkenhorst, City Clerk 5555