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19961001 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 1, 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 September 17, 1996, be approved as submitted and adopted. Motion carried. RESOLUTION NO. 6862 - A Resolution of the City Council of the City of Vernon Amending Schedule II, Exhibit "B", Page 6 of Resolution No. 6811 Which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6862 be approved and adopted. Motion carried. Mayor Malburg presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council: Felix Saldana, Utilityman - 10 years Jerry Chavez, Utilityman - 10 years Andrew Ippolito, Computer Operations Asst. - 5 years The Mayor called a recess at 5:09 p.m. The Council reconvened in regular session at 5:15 p.m., all members present before the recess again being present. Presentation by Water Replenishment Director/Treas- urer Albert Robles. A rebate check in the amount of $256,872 was presented by Mr. Robles and accepted by the Mayor for the City of Vernon's participation in the In-Lieu Water Replenishment Program. Police Department Activity Log for the period September 16 thru 30, 1996, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period September 16 thru 30, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period September 16 thru 30, 1996, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period September 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. The Mayor asked if there was anyone in the audience wishing to address the City Council. 5569 I I City Council Minutes page 2 October 1, 1996 There was no one wishing to address the City Council at this time. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to discuss the City of Vernon's intention to apply for Enterprise Funds in the amount of $500,000 under the State Community Development Block Grant (CDBG) Program. The funds can be used for business attraction and/or retention activities that create or retain private jobs, the time being 5:16 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. The Mayor asked if there was anyone wishing to address the City Council on this matter. issue. There was no one present wishing to address this It was moved by Davis, seconded by McCormick, to close the Public Hearing regarding Vernon's intention to apply for Enterprise Funds under the CDBG Program, the time being 5:21 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Benjamin H. Werber Trust and Joseph Freed for a Variance to allow the tenant to utilize one non-conforming truck loading space at 3111 Bandini Boulevard in the City of Vernon, the time being 5:22 p.m. Motion carried. Kevin Wilson addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated September 25, 1996, was presented, advising that Benjamin H. Werber Trust and Joseph Freed have submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 3111 Bandini Boulevard, and transmitting the following documents as evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has two conforming truck loading spaces and one non- conforming truck loading space that is 10 feet wide and 51 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming truck loading space. 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. The usage of the non-conforming truck loading space shall be limited so that any truck parked at, or using, the loading dock shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. b. All existing and future tenants shall be notified of these restrictions and a condition stating the same shall be placed in all future leases. 5568 I I City Council Minutes page 3 October 1, 1996 The Mayor asked if there were any questions of the City Councilor if anyone in the audience had any questions. There were no questions. It was moved by Davis, seconded by McCormick, to (1) close the Public Hearing regarding the Variance request from Benjamin H. Werber Trust and Joseph Freed, the time being 5:24 p.m., and (2) grant the Variance contingent upon the applicant's adherence to the aforementioned Conditions "a" and "B". Motion carried. RESOLUTION NO. 6855 - A Resolution of the City Council of the City of Vernon Granting a Variance to Benjamin H. Werber Trust and Joseph Freed From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 3111 Bandini Boulevard in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6855 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 16, 1996, was presented, requesting authority and funds for Christopher Romero to attend a seminar entitled The Mechanics of a Bond Sale in Irvine, October 24-25, 1996, with an expense allowance of $165. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Christopher Romero to attend the afore- mentioned seminar with an expense allowance of $165. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated September 17, 1996, was presented, requesting authority and funds for Police Officers Francesco Pirello and Michael Ogawa to attend the Drug Influence Course in Santa Ana, October 22-24, 1996, with an expense allowance of $127.40 each, of which $86.40 each will be reimbursed by POST. It was moved by McCormick, seconded by Davis, that authority be granted for Officers Francesco Pirello and Michael Ogawa to attend the aforementioned course with an expense allowance of $127.40 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated September 24, 1996, was presented, requesting authority and funds for Police Officer Charles Solano to attend the Western States Auto Theft Investigators Conference in Monterey, November 6-8, 1996, with an expense allowance of $726.64. It was moved by Ybarra, seconded by Davis, that authority be granted for Officer Charles Solano to attend the aforementioned conference with an expense allowance of $726.64. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated September 24, 1996, was presented, advising that Contract No. 532, 37th Street Sewer Repair, has been completed. The total contract amount was $52,933, and a final partial payment of $47,639.70 is now due, with the remaining ten percent, $5,293.30, payable thirty-five days after acceptance. It is hereby recommended that the work be accepted and that authority be granted to pay the contractor, Clarke Contracting Corporation, 4646 Manhattan Beach Boulevard, Lawndale, California 90260. 5567 I I City Council Minutes page 4 October 1, 1996 It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services dated September 24, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6856 - A Resolution of the City Council of the City of Vernon Accepting the Work of Clarke Contracting Corporation in Accordance with Contract No. 532 of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6856 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 25, 1996, was presented, advising that the Political Reform Act requires every local government agency to review its Conflict of Interest Code for designated employees biennially to determine its accuracy, and staff has determined that the City's code must be amended to delete certain positions that no longer exist within the budget or salary resolutions and to change or add certain positions necessary. It is hereby recommended that the City's Conflict of Interest Code for designated employees be amended as shown below and that the City Attorney be authorized to prepare a resolution with these changes: Delete: (Positions no longer exist) Assistant to the City Administrator Chief Electrical Inspector Survey Party Chief Senior Code Enforcement Officer Code Enforcement Inspector Change: Purchasing Asst. to Accountant/Purchasing Assistant Add: Finance Office Manager Computer Operations Assistant I and II It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated September 25, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6858 - A Resolution of the City Council of the City of Vernon Amending Appendix No. 1 of Resolution No. 4733, as Amended by Resolution Nos. 5255, 5478, 5505, 5853 and 5923, Which Adopted a Conflict of Interest Code that Incorporated by Reference the Standard Model Conflict of Interest Code of the Fair Political Practices Commission, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6858 be approved and adopted. Motion carried. RESOLUTION NO. 6859 - A Resolution of the City Council of the City of Vernon Approving Resolution No. RA-88 Which Approves an Amendment to Appendix No. 1 of Resolution No. RA-5, as Amended by RA-29, for the Conflict of Interest Code of the Redevelopment Agency of the City of Vernon, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6859 be approved and adopted. Motion carried. RESOLUTION NO. 6860 - A Resolution of the City Council of the City of Vernon Approving Resolution No. IDA-8 Which Approves An Amendment to Appendix No. 1 of Resolution No. IDA-5 for the Conflict of Interest Code of the Industrial Development Authority of the City of Vernon, was presented. 5566 I I City Council Minutes page 5 October 1, 1996 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6860 be approved and adopted. Motion carried. Communication from Kenneth DeDario, Director of Light and Power, dated September 25, 1996, was presented, requesting authority and funds for Edward LeBlanc, Electrical Engineering Manager, to attend a seminar entitled "Setting Up a Power Quality Program" in Sacramento, October 28-29, 1996, with an expense allowance of $1,075. It was moved by Gonzales, seconded by Ybarra, that authority be granted for Edward LeBlanc to attend the aforementioned seminar with an expense allowance of $1,075. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 26, 1996, was presented, advising that the City is eligible to receive funds from the Safe Neighborhood Park Proposition A of 1992 and has been allocated $4,060.51 for maintenance and servicing of park facilities. Vernon does not have a park; however, the City of Maywood has shown an interest in utilizing these funds since their parks serve Vernon residents. This has been reviewed by the Director of Community Services, and it is hereby recommended that the Proposition A Maintenance and Servicing funds for Fiscal Year 1995-96 be transferred to the City of Maywood for maintenance of Maywood City Park or other eligible project. It was moved by Davis, seconded by Ybarra, that the communication from the City Clerk dated September 26, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6857 - A Resolution of the City Council of the City of Vernon Authorizing the Reallocation of Revenue Generated by Safe Neighborhood Parks Proposition of 1992 to the City of Maywood for Maintaining and Servicing the Maywood City Park Project or Other Qualified Project, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6857 be approved and adopted. Motion carried. RESOLUTION NO. 6861 - A Resolution of the City Council of the City of Vernon supporting the Adoption by the League of California Cities of a Resolution Regarding Electric Industry Restructuring, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6861 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 26, 1996, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held September 30, 1996, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations contained in the Agenda for the Person~el Committee Meeting held September 30, 1996 be approved. Motion carried. WARRANT REGISTER NO. 948 covering claims and demands presented during the period of September 13 thru 26, 1996, drawn on the Wells Fargo Bank totaling $182,014.68, which includes Demand Nos. 58494 thru 58703 (inclusive), excluding Light and Power Demands and Void Demand Nos. 58518, 58521, and 58567 thru 58569 (inclusive) (accounting period October, 1996), was examined and audited. 5565 City Council Minutes page 6 October 1, 1996 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 948 be approved and payment authorized for claims and demands totaling $182,014.68, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 948 covering claims and demands presented during the period of September 13 thru 26, 1996, drawn on the Wells Fargo Bank totaling $1,160,355.72, which includes Light and Power Demands Nos. as listed below (accounting period October, 1996), was examined and audited: I 58495 58510 58528 58557 58572 58612 58660 58702 58496 58511 58532 58558 58573 58616 58664 58497 58512 58533 58559 58588 58622 58667 58499 58513 58542 58560 58593 58648 58668 58501 58514 58545 58561 58596 58650 58689 58506 58515 58548 58562 58608 58654 58697 58507 58527 58550 58570 58611 58657 58699 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 948 be approved and payment authorized for claims and demands totaling $1,160,355.72. 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 City Attorney advised the Council that the following matter should be deferred. 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 17, 1996.) It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6847 be deferred to the next City Council Meeting. Motion carried. Motion carried. The Mayor called a recess at 5:41 p.m. The Council resumed the meeting at 5:45 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 5:45 p.m. Motion carried. I All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief of Police, Director of Community Services, Chief Deputy City Clerk, Utilityman, Meter Reader, and temporary employee. 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 temporary employee was excused from the Closed Session at 5:45 p.m. The Utilityman and Meter Reader were excused from the Closed Session at 5:50 p.m. 5564 I I City Council Minutes page 7 October 1, 1996 The temporary employee returned to the Closed Session at 5:51 p.m. and was excused at 5:53 p.m. The Director of Community Services was excused from the Closed Session at 5:58 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 5:59 p.m. Motion carried. It was moved by Davis, seconded by Ybarra, that the Council go into Closed Session to confer on Item Nos. 2, 3, and 4 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 Chief of Police. 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 BI00019; (d) The Atchison. Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; 2CIV B102025; (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 (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) Johnson & Vincent v. Vernon, LASC BS 039646; (k) Allstate. etc. et al. v. Vernon, Case No. VC022411; 5563 I I City Council Minutes page 8 October 1, 1996 (I) FERC Docket No. OA-96-76 (Open Access) ; (m) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Brian Podrasky 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 The Chief of Police was excused from the Closed Session at 6:09 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 6:22 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Meter Reader be disciplined as recommended. Motion carried. It was moved by McCormick, seconded by Davis, that the Utilityman be disciplined as recommended. Motion carried. It was moyed by Ybarra, seconded by McCormick, that the temporary employee be disciplined as recommended. 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: /~~ A Bruce V. Malkenhorst City Clerk 5562