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19961119 Regular City Council Meeting - Minutes I I 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. 5598 I I City Council Minutes page 2 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. 5597 I I City Council Minutes page 3 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. 5596 I I City Council Minutes page 4 November 19, 1996 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. t:! ., 1\.. If' fJJ-'tJ I I City Council Minutes page 5 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. 5594 City Council Minutes page 6 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; I (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 5593