19961119 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD NOVEMBER 19,
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 October 15, 1996, be
approved as submitted and adopted.
It was moved by McCormick, seconded by Gonzales, that
the Minutes of the City Council Meeting held November 5, 1996, be
approved as submitted and adopted. Motion carried.
At this time, a Fifteen Year Service Pin was accepted
by the Chief of Police on behalf of Melody Rogers, Secretary in
the Police Department, who was unable to attend the meeting.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 13, 1996, was presented, advising that the below
listed employees have qualified in the month of October 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
Emplovee
Award
03/18/84
02/01/79
10/16/94
12/04/89
01/03/89
06/14/92
10/19/92
01/15/89
09/18/89
08/11/80
02/02/86
10/01/87
06/03/74
Michael DeFrank, Engineering Aide 2
Sharon Duckworth, Budget Auditor 2
Armando Hinojos, Utilityman 2
Deborah Medina, Utility Clerk 2
Robert Valenzuela, Generation Dispatcher 2
Marco Reynoso, Utilityman 3
Abraham Alemu, Asst. Power Engineer 4
Manuel Morales, Utilityman 4
David Shea, Fire Engineer 5
Louie Saenz, Utilityman 6
Jesus Martinez, Water/Power Dispatcher 8
Jerry Schreiber, Sr. Electrical Insp. 9
Ron Anderson, Foreman 15
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
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 or supervisor:
10/03/94
05/15/89
04/01/84
02/01/88
06/26/89
Jason Bogosian, Police Officer
Steven Coday, Police Officer
Sergio Rodriguez, Water/Power Disp.
Hannah Raabe, Secy. to City Council
Peter Gantes, Firefighter
2 Year
2 Year
2 Year
3 Year
3 Year
The Mayor called a recess at 5:10 p.m.
The Council reconvened at 5:12 p.m., all members
present before the recess again being present.
Police Department Activity Log for the period
November 1 thru 15, 1996, was presented.
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City Council Minutes
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November 19, 1996
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period November 1 thru 15,
1996, be received and filed. Motion carried.
Fire Department Activity Report for the period
November 1 thru 15, 1996, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Fire Department Activity Report for the period November 1
thru 15, 1996, be received and filed. Motion carried.
Health Department Report for the month of October,
1996, was presented.
It was moved by Gonzales, seconded by Ybarra, that
the Health Department Report for the month of October, 1996, be
received and filed. Motion carried.
Risk Management Report for the month of October,
1996, was presented.
It was moved by Davis, seconded by McCormick, that
the Risk Management Report for the month of October, 1996, be
received and filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 13, 1996, was presented, advising that the
Community Services Department is awarding Utilitymen Manuel
Morales and Roger Conant a 1996 SPIRITS LEVEL I AWARD for their
outstanding performance and example they set for their fellow
employees.
It was moved by Davis, seconded by Ybarra, that the
communication from the City Clerk dated November 13, 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 who wished to
address the Council at this time.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 14, 1996, was presented, advising that the
California Water Resources Control Board has requested some minor
changes to the Vernon City Code in order to approve the City's
Certified Unified Program Agency (CUPA) application. The
Director of Environmental Health and the City Attorney have
reviewed this matter and an ordinance has been prepared to enact
the Water Board's required changes, and it is hereby recommended
that the following ordinance be approved for a first reading.
It was moved by McCormick, seconded by Davis, that
the communication from the City Clerk dated November 14, 1996, be
received and filed, and that his recommendation be approved.
Motion carried.
ORDINANCE NO. 1044 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, by Amending Sections 13.27, 13.43, 13.46, 13.49
and 13.51, and by Adding Article VI to Chapter 13 of Said Code
Regarding a Certified Unified Program Agency and Repealing All
Ordinances or Parts of Ordinance in Conflict Therewith, was read
by title by the City Clerk for a first reading.
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November 19, 1996
It was moved by Ybarra, seconded by Gonzales, that
Ordinance No. 1044 be approved for a first reading. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated November 14, 1996, was presented, transmitting the
Minutes of the Finance Committee Meeting held November 12, 1996,
for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Davis, that
the Minutes of the Finance Committee Meeting held November 12,
1996, be approved. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated November 14, 1996, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held
November 18, 1996, for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by Ybarra, that
the recommendations contained on the Agenda for the Personnel
Committee Meeting held November 18, 1996, be approved. Motion
carried.
WARRANT REGISTER NO. 951 covering claims and demands
presented during the period of November 1 thru 14, 1996, drawn on
Wells Fargo Bank totaling $588,343.13, which includes Demand Nos.
59167 thru 59377 (inclusive), excluding Light and Power Demands
and Void Demand Nos. 59178, 59202, 59218 thru 59220 (inclusive)
and 59335 (accounting period November, 1996), was examined and
audited.
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 951 be approved and payment authorized for
claims and demands totaling $588,343.13, excluding Light and
Power Demands. Motion carried.
WARRANT REGISTER NO. 951 covering claims and demands
presented during the period of November 1 thru 14, 1996, drawn on
Wells Fargo Bank totaling $569,160.78, which includes Light and
Power Demand Nos. as listed below (accounting period November,
1996), was examined and audited:
59167
59168
59175
59177
59184
59185
59186
59188
59191
59196
59197
59198
59200
59203
59206
59207
59211
59212
59213
59214
59215
59222
59226
59235
59236
59244
59252
59254
59256
59257
59261
59262
59266
59269
59270
59271
59273
59290
59295
59296
59300
59305
59307
59315
59317
59318
59319
59324
59330
59336
59338
59345
59348
59351
59352
59355
59357
59362
59363
59364
59366
59367
59368
59369
59373
59374
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 951 be approved and payment authorized for
claims and demands totaling $569,160.78. 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. 485 covering claims and
demands presented during the period of September 15 thru October
12, 1996, drawn on Wells Fargo Bank totaling $1,538,203.98 which
includes Demand Nos. 8690 thru 8712 (inclusive), 5001 thru 5011
(inclusive), and 5013 thru 5014 (inclusive) (accounting period
October, 1996), was examined and audited.
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It was moved by Gonzales, seconded by Davis, that
Payroll Warrant Register No. 485 be approved and payment
authorized for claims and demands totaling $1,538,203.98. Motion
carried.
RESOLUTION NO. 6868 - A Resolution of the City
Council of the City of Vernon (I) Authorizing the Establishment
of a Power Resource Cost Reduction Account Within the Light and
Power Department Fund, (II) Providing Procedures for Deposits To
and Withdrawals From Such Account, (III) Authorizing Certain
Related Actions and (IV) Authorizing the City Treasurer To Do All
Other Things Deemed Necessary or Advisable Concerning Such
Account. (Deferred from the City Council Meeting held November
5, 1996.)
It was moved by Ybarra, seconded by McCormick, that
the aforementioned matter be deferred to the next City Council
Meeting. Motion carried.
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, was
presented. (Deferred from the City Council Meeting held November
5,1996.)
The City Attorney advised that this matter should be
deferred to the next City Council meeting.
It was moved by McCormick, seconded by Davis, that
the aforementioned matter be deferred to the next City Council
Meeting. Motion carried.
Consideration and discussion of the recommendation of
organizational changes for the Light and Power Department, as
submitted by the Director of Light and Power November 13, 1996.
It was moved by Ybarra, seconded by Gonzales that the
aforementioned matter be deferred until after Closed Session
later this date. Motion carried.
Consideration and discussion of Memorandum of
Understanding for L.A. Impact, the Los Angeles Interagency
Metropolitan Police Apprehension Crime Task Force, as submitted
by the Chief of Police November 13, 1996.
The City Clerk advised that this matter should be
deferred to the next City Council Meeting.
It was moved by McCormick, seconded by Davis, that
the aforementioned matter be deferred to the next City Council
Meeting.
Consideration and discussion of a Police Department
Communications Manual, as submitted by the Chief of Police
November 13, 1996.
It was moved by Ybarra, seconded by Gonzales, to
approve the Police Department Communications Manual as submitted
by the Chief of Police. Motion carried.
The Mayor called a recess at 5:25 p.m.
The Council reconvened at 5:27 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 5:28 p.m. Motion carried.
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City Council Minutes
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November 19, 1996
All persons were excluded from
with the exception of the City Clerk, City
Police, Director of Light and Power, Chief
and Dispatcher (Communications Operator) .
the Closed Session
Attorney, Chief of
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 Dispatcher was excused from the Closed Session at
5:47 p.m.
The Chief of Police was excused from the Closed
Session at 5:53 p.m.
The Director of Light and Power was excused from the
Closed Session at 6:07 p.m.
The City Attorney and the Chief Deputy City Clerk
were excused from the Closed Session at 6:09 p.m. Motion
carried.
The City Clerk was excused from the Closed Session at
6:12 p.m.
The City Clerk returned to the Closed Session at 6:40
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 7 p.m. Motion carried.
Consideration and discussion of the recommendation of
organizational changes for the Light and Power Department, as
submitted by the Director of Light and Power November 13, 1996.
(Deferred from earlier in the meeting.)
The City Clerk advised of the changes that were being
considered and of the need to redefine the duties of the Field
Operations Manager.
It was moved by Ybarra, seconded by Gonzales, that
the position of Field Operations Manager be deleted and that a
classification entitled Assistant Director of Engineering and
Operations be created and authority be granted to advertise for
said position. It was also moved that the other matters
pertaining to the organizational changes of the Light and
Power Department be referred back to the Finance Committee for
further review. Motion carried.
It was moved by McCormick, seconded by Davis, that
the Dispatcher be released from the position of Dispatcher based
on the Dispatcher's failure to pass probation. Motion carried.
The City Clerk advised that there were no specific
items to be discussed in Closed Session, Section 2, that need to
be addressed at this time.
2. With respect to every item of business to be
discussed in Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9.
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November 19, 1996
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;
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(d) City of Vernon v. Board of Harbor
Commissioners of the City of Lonq Beach, et
al., LASC Case No. BC 158591; (Pier T)
(e) The Atchison, Topeka and Santa Fe
Railway vs. City of Vernon; LASC No.
BC 123510; 2CIV B102025;
(f) The City of Vernon v. The Atchison, Topeka
and Santa Fe Railway, CPUC Case No.
96-01-019;
CPUC Docket No. A.93-09-006 (SoCalGas)
(BCAP) ;
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(0)
I (p)
CPUC Docket No. A.91-03-039 (SoCalGas)
(BCAP) ;
SoCalGas v. Vernon LASC No. BS 017468;
2 CIV B088723;
Vernon v. Southern California Gas Company,
CPUC No. 96-05-038;
Johnson & Vincent v. Vernon, LASC BS 039646;
Allstate, etc. et al. v. Vernon, Case No.
VC022411;
FERC Docket No. OA-96-76 (Open Access) ;
FERC Docket Nos. EC96-19-000, ER96-1633
and EL96-48 (Restructuring);
Gonzalez, etc., et al v. u.S. Customs
Services, et al., USDC CV96-4361 RJK (Jrx);
Carranza v. Vernon, HPMC No. 96C00688N
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.
~~,~~~
~. Leonis C. Mal
ATTEST: /~
~ //~~
Bruce V. Malkenhorst, City Clerk
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