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19970422 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 22, 1997 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Davis, Gonzales 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 Adjourned Regular City Council Meeting held April 8, 1997, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 10, 1997, was presented, advising that the below listed employees have qualified in the month of March 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 06/23/85 05/15/89 07/16/90 05/16/57 03/01/87 Jorge Somoano, Asst. Dir. of Res. Mgmt. Rick Torres, Accountant Jose Pereyra, Diesel Operator Robert Smith, Fire Engineer Dan Downing, Chief Deputy Director 2 Year 4 Year 4 Year 6 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 or supervisor. 10/29/90 04/20/92 11/01/76 08/05/84 04/28/86 03/16/86 Laney Wang, Account Clerk Julie Coday, Senior Dispatcher Liz Sawickis, Records Manager Patrick Keye, System Operator Eliseo Genera, Civilian Court Officer Mario Mendoza, Utilityman 2 Year 4 Year 5 Year 6 Year 7 Year 11 Year The Mayor called a recess at 5:14 p.m. The Council reconvened in regular session at 5:16 p.m., all members present before the recess again being present. Police Department Activity Log for the period April 1 thru 14, 1997, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period April 1 thru 14, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period April 1 thru 15, 1997, was presented. It was moved by McCormick, seconded by Gonzales, that the Fire Department Activity Report for the period April 1 thru 15, 1997, be received and filed. Motion carried. Health Department Report for the month of March, 1997, was presented. 5704 I I City Council Minutes page 2 April 22, 1997 It was moved by Ybarra, seconded by Davis, that the Health Department Report for the month of March, 1997, be received and filed. Motion carried. Risk Management Report for the month of March, 1997, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of March, 1997, 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 on non Public Hearing items on the Agenda. There were none. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Hollander Home Fashions for a Variance to allow the tenant to utilize four non- conforming truck loading spaces at property located at 5008 Boyle Avenue in the City of Vernon, the time being 5:18 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter for them. Communication from Bruce V. Malkenhorst, City Clerk, dated April 17, 1997, was presented, advising that Hollander Home Fashions has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the property located at 5008 Boyle Avenue, and transmitting the following supporting 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 twelve conforming truck loading spaces and four non-conforming truck loading spaces that are 10 feet wide and 42.5 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming truck loading 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. The usage of the four non-conforming truck loading spaces shall be limited so that any truck parked at, or using, the loading docks 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 this restriction and a condition stating this shall be placed in all future leases. The Mayor asked if there were any questions from the City Councilor any comments from the audience. 5703 I I City Council Minutes page 3 April 22, 1997 There were none. It was moved by Gonzales, seconded by Davis, to close the Public Hearing regarding the Variance request from Hollander Home Fashions, the time being 5:20 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated April 17, 1997, and all supporting documents be received and filed as evidence, and that the Variance be granted to Hollander Home Fashions contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6942 - A Resolution of the City Council of the City of Vernon Granting a Variance to Hollander Home Fashions From Section 26.4.2-8. Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 5008 Boyle Avenue in the City of Vernon, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6942 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated April 8, 1997, was presented, requesting authority and funds for Sgt. Michael Chavez, Officer Michael Docherty, and Officer David Rumley to attend the POST Long Rifle School in Azusa, May 12-15, 1997, with an expense allowance of $123.60 each, of which $73.60 each will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Sgt. Michael Chavez and Officers Michael Docherty and David Rumley to attend the aforementioned school with an expense allowance of $123.60 each. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated April 9, 1997, was presented, advising that Contract No. 533, Various Streets Improvement, has been completed. The total contract amount is $476,749.91, and a partial payment of $423,710.92 has been paid. A final partial payment of $5,364 is now due, with the remaining ten percent, or $47,674.99, payable thirty-five days after acceptance of the work. It is hereby recommended that the work be accepted and authority granted to pay the contractor, Security Paving Company, Inc., P.O. Box 1489, Sun Valley, California 91353-1489. ,- ~ It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services dated April 9, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6938 - A Resolution of the City Council of the City of Vernon Accepting the Work of Security Paving Company, Inc. in Accordance with Contract No. 533 of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6938 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated April 9, 1997, was presented, transmitting Contract No. 535, Traffic Signal Modernization - Boyle Avenue and Fruitland Avenue, Pacific Boulevard and Fruitland Avenue; Emergency-Preemption: Boyle Avenue and Fruitland Avenue, Soto Street and Fruitland Avenue, Pacific Boulevard and Fruitland Avenue. It is hereby recommended that the contract be approved and authority granted to advertise for bids. S7~2 I I City Council Minutes page 4 April 22, 1997 It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services dated April 9, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6939 - A Resolution of the City Council of the City of Vernon Approving Contract No. 535 of the City of Vernon for Traffic Signal Modernization-Emergency Vehicle Preemption and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6939 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated April 9, 1997, was presented, requesting authority and funds for Jim Persons, Project Engineer, to attend a one day course entitled "SYNCHRO: A New Tool for Traffic Signal Timing Analysis and Optimization" in San Diego on May 1, 1997 with an expense allowance of $185. It was moved by Davis, seconded by Ybarra, that authority be granted for Jim Persons to attend the aforementioned course with an expense allowance of $185. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 10, 1997, was presented, advising that at their meeting held March 24, 1997, the Finance Committee approved entering into an Agreement for Business License Services with HdL Software, LLC contingent upon the City Attorney's approval of the agreement. The agreement has been reviewed by the City Attorney, and it is hereby recommended that said agreement be approved and executed. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated April 10, 1997, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6940 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Business License Services By and Between the City of Vernon and HdL Software, LLC Providing for a Business License Software System, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6940 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 10, 1997, was presented, advising that the 27 cities located in Southeast Los Angeles County, known as the SELAC cities, have created an organization called the Gateway Cities Council of Governments (COG) which would allow the cities to voluntarily engage in regional and cooperative planning and coordination of government services. A Board of Directors would consist of an appointed Councilmember and an Alternate from each member city, and it is recommended that Councilmen William Davis and Hilario Gonzales be appointed as Vernon's Representative and Alternate respectively. Initial start-up contribution costs of $5,000 are required. It is hereby recommended that authority be granted for Vernon to become a member of COG. The Joint Exercise of Powers Agreement (JPA) of the Gateway Cities Council of Governments has been reviewed by the City Attorney, and it is also recommended that said JPA be approved and executed. 5701 I I City Council Minutes page 5 April 22, 1997 It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated April 10, 1997, be received and filed and that his recommendations be approved, and that Councilmen William Davis and Hilario Gonzales be appointed Representative and Alternate Representative respectively. Motion carried. RESOLUTION NO. 6941 - A Resolution of the City Council of the City of Vernon (1) Approving and Authorizing the Execution of a Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments (a Joint Powers Authority); (2) Appointing the City's Representative and Alternate to the Authority's Board of Directors; and (3) Approving an Initial Start-up Contribution Cost of $5,000, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6941 be approved and adopted. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated April 10, 1997, was presented, requesting authority and funds for Ali Nourmohamadian, Electrical Engineering Associate, to attend the Electric Utility Service Equipment Requirements Committee Seminar in Reno, Nevada, May 7- 9, 1997, with an expense allowance of $457.96. It was moved by Ybarra, seconded by Davis, that authority be granted for Ali Nourmohamadian to attend the afore- mentioned seminar with an expense allowance of $457.96. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 10, 1997, was presented, advising that Southern California Gas Company was issued an Encroachment Permit to install a 26" gas line in Malburg Way and Downey Road, and as a Condition of the permit, they were required to slurry seal and stripe sections of the streets. The gas line installation has been completed and Southern California Gas Company has requested that the City perform the slurry sealing and striping work. A check in the amount of $30,584.66 has been deposited with the City for the estimated cost of the work. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that Public Improvements Agreement No. 17 be approved and executed. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated April 10, 1997, be received and filed, and that his recommendation be approved. Motion carried. Mayor Malburg abstained from voting on this matter. RESOLUTION NO. 6943 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Public Improvements Agreement No. 17 By and Between the City of Vernon and Southern California Gas Company, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6943 be approved and adopted. Motion carried. Mayor Malburg abstained from voting on this matter. Communication from Kevin Wilson, Director of Community Services, dated April 14, 1997, was presented, requesting authority and funds for Matthew Bangert, Engineering Aide I, to attend the International Conference of Building Officials - Mechanical Inspection II Seminar in Whittier, May 19- 20, 1997, with an allowance of $210 for the registration fee. 570Q I I City Council Minutes page 6 April 22, 1997 It was moved by Gonzales, seconded by Ybarra, that authority be granted for Matthew Bangert to attend the afore- mentioned seminar with an allowance of $210 for the registration fee. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated April 14, 1997, was presented, requesting authority and funds for Jerry Schreiber, Senior Electrical Inspector, to attend the International Conference of Building Officials 1996 National Electric Code Update in Whittier on May 9, 1997, with an expense allowance of $111. It was moved by Davis, seconded by Ybarra, that authority be granted for Jerry Schreiber to attend the afore- mentioned conference with an expense allowance of $111. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 15, 1997, was presented, requesting authority and funds for Gloria Orosco, Chief Deputy City Clerk, to attend the State of California Imaging and Records Management Forum in Irvine, May 22-23, 1997, with an expense allowance of $295. It was moved by McCormick, seconded by Gonzales, that authority be granted for Gloria Orosco to attend the afore- mentioned forum with an expense allowance of $295. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated April 17, 1997, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee Meeting held April 14, 1997, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the Minutes of the Adjourned Regular Finance Committee Meeting held April 14, 1997, be approved as corrected. Motion carried. RESOLUTION NO. 6944 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Implementation of Vehicle Release Fee Program for Vehicles Impounded by the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6944 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 17, 1997, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held April 21, 1997 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by McCormick, to approve the recommendations contained in the Agenda for the Adjourned Regular Personnel Committee Meeting held April 21, 1997. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 17, 1997, was presented, transmitting a computation report submitted by the Director of Light and Power which determines the Energy Cost Adjustment Billing Factor for the next three month period. The new factor is based on actual fuel expenses and revenues for the previous period and Southern California Edison Company's forecast of fuel cost for the next three months. It is hereby recommended that the new factor of negative $0.03069 per kWh be approved for all bills rendered from May 1, 1997. 5699 I I City Council Minutes page 7 April 22, 1997 It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated April 17, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6945 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Supplied to Its Electrical Customers, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6945 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 17, 1997, was presented, transmitting a copy of the Public Employees Retirement System (PERS) Contract Amendment Cost Analysis pertaining to Section 21573 - Third Level of 1959 Survivor Benefits for Local Fire Members Only (which is also available for public review). The analysis indicates that the employer cost is $1.50 per month, and that this cost is based on the pooled assets of all participating agencies. Coverage for this group has a projected surplus of assets; therefore, there is no additional cost to the City at this time. This has been reviewed by the Risk Manager, and it is hereby recommended that approval be granted to commence with the amendment process by adopting a resolution declaring the City's intention to approve an amendment, and by adopting an ordinance authorizing said amendment. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated April 17, 1997, be received and filed. Motion carried. WARRANT REGISTER NO. 961 covering claims and demands presented during the period of April 4 thru 17, 1997, drawn on Wells Fargo Bank totaling $411,841.54, which includes Demand Nos. 61297 thru 61506 (inclusive), excluding Light and Power Demands and Void Demand Nos. 61347, 61349 and 61350 (accounting period April, 1997), was examined and audited. It was moved by McCormick, seconded by Davis, that Warrant Register No. 961 be approved and payment authorized for claims and demands totaling $411,841.54, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 961 covering claims and demands presented during the period of April 4 thru April 17, 1997, drawn on Wells Fargo Bank totaling $899,988.50, which includes Light and Power Demand Nos. as listed below (accounting period April, 1997), was examined and audited: 61304 61306 61308 61312 61320 61327 61328 61337 61338 61339 61340 61343 61344 61345 61355 61376 61384 61389 61390 61393 61417 61422 61423 61425 61428 61435 61444 61456 61458 61464 61466 61469 61476 61478 61490 61498 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 961 be approved and payment authorized for claims and demands totaling $899,988.50. 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. 5698 I I City Council Minutes page 8 April 22, 1997 PAYROLL WARRANT REGISTER NO. 490 covering claims and demands presented during the period of February 16 thru March 15, 1997, drawn on Wells Fargo Bank totaling $1,545,959 which includes Demand Nos. 5187 thru 5223 (inclusive) (accounting period March, 1997), was examined and audited. It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 490 be approved and payment authorized for claims and demands totaling $1,545,959. Motion carried. The Mayor called a recess at 5:47 p.m. The Council reconvened in regular session at 6:20 p.m., all members present before the recess again being present. The City Clerk advised the Council that no employee matters were scheduled for Closed Session Item No.1. 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 It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Items No.2, 3, and 4, the time being 6:20 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 legal associate, Eduardo Olivo. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. i 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; (c) City of South Gate, et al. vs. City of Los Anqeles, et al., LASC No. BC 129447; 2CIV B100019; Supreme Court No. S057753; (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; (g) Vernon v. Southern California Gas Company, CPUC No. 96-05-038; 5gb? I I City Council Minutes April 22, 1997 page 9 (h) Johnson & Vincent v. Vernon, LASC BS 039646; (i) Allstate. etc. et al. v. Vernon, Case No. VC022411; (j) FERC Docket No. OA-96-76 (Open Access); (k) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (I) Gonzalez. etc.. et al v. U.s. Customs Services. et al., USDC CV96-4361 RJK (Jrx); (m) Lvnwood v. Vernon, LASC BS 041786; (n) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES; (0) City of Oranqe. et al. v. Alabama Treasurv, et al., LASC Case No. BC 106461; (p) Carranza vs. City of Vernon, HPMC No. 96C00688N; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Safeco Insurance Companies of America Agency claimed against: City of Vernon (Deferred from the City Council Meeting held April 8, 1997.) 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: Four (4) potential cases Councilman Davis was excused from the Closed Session at 6:21 p.m. At 6:24 p.m., Councilman Davis returned and Mayor Malburg was excused from the Closed Session. Mayor Malburg returned to the Closed Session at 6:27 p.m. It was moved by Gonzales, seconded by Davis, that the Council go out of Closed Session and resume regular ~ession, the time being 6:30 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Liability Claim of Safe co Insurance Companies of America be denied and no further action taken. Motion carried. 5698 I I City Council Minutes page 10 April 22, 1997 It was moved Gonzales, seconded by Ybarra, that the City Attorney be authorized to intervene in FERC Docket No. ER97- 2355. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. It was moved by McCormick, seconded by Ybarra, to approve retaining the services of Albert E. Clark of Chesapeake Regulatory Consultants. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. It was moved by Ybarra, seconded by Davis, that the City Attorney's actions in intervening in CPUC Docket No. A97-03- 015 are hereby ratified. Motion carried. Mayor Malburg abstained from voting on this matter. It was moved by Ybarra, seconded by Davis, that the City Attorney's actions in intervening in FERC Docket No. RP97- 284-000 are hereby ratified. Motion carried. Mayor Malburg abstained from voting on this matter. It was moved by Gonzales, seconded by the City Attorney's petition to intervene in FERC EC97-12-000 is hereby ratified. Motion carried. abstained from voting on this matter. McCormick, that Docket No. Mayor Malburg 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: ~/~ Bruce V. Malkenhorst City Clerk 5868