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19970603 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 3, 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, Gonzales, Davis MEMBERS ABSENT: McCormick 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 May 20, 1997, be deferred to the next City Council Meeting. Motion carried. The Mayor presented a 15 Year Service Pin to Utility Clerk Karon Berry and extended congratulations on behalf of the entire City Council. Robert Smith, Fire Engineer, was unable to attend the meeting and his 40 Year Service Pin was accepted by the Fire Chief. The Mayor called a recess at 5:05 p.m. The Council reconvened in regular session at 5:06 p.m., all members present before the recess again being present. RESOLUTION NO. 6966 - A Resolution of the City Council of the City of Vernon Commending James E. Mason For His Many Years of Service to the City of Vernon, was read in its entirety by the City Clerk. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6966 be approved and adopted. Motion carried. The Mayor presented the resolution to former Captain Mason commending him for his years of service and also extending congratulations on behalf of the entire City Council. The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:11 p.m., all members present before the recess again being present. Police Department Activity Log for the period May 16 thru 31, 1997, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period May 16 thru 31, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period May 16 thru 31, 1997, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period May 16 thru 31, 1997, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the City Council on any item 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 who wished to address the City Council. 51'36 I I City Council Minutes page 2 June 3, 1997 There was no one in the audience wishing to address the City Council at this time. ORDINANCE NO. 1048 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, By Renumbering Certain Code Sections Pertaining to the Subdivision Map Act in Chapter 22A and By Adding Chapter 28, Articles I Through VII, and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a second and final reading. It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 1048 be approved and adopted. Ayes: Noes: Absent: Malburg, Ybarra, Davis, Gonzales None McCormick ORDINANCE NO. 1049 - An Ordinance of the City Council of the City of Vernon Amending Chapters 19 and 22 of the Code of the City of Vernon to Consolidate, Amend and Reorganize Provisions Pertaining to Streets; and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a second and final reading. It was moved by Davis, seconded by Gonzales, that Ordinance No. 1049 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Davis, Gonzales None McCormick The City Clerk advised the Council that the following matter should be deferred to the next meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated May 15, 1997, advising that after extensive research of public contracts law and procedures in the State of California, an ordinance revising Vernon City Code Sections 2.24, 2.27, 2.28, and 2.29 has been prepared. The ordinance increases the amounts which distinguish between three categories of purchases or contracts: (1) those not requiring bids, (2) those allowing purchases on the open market pursuant to an informal bid procedure, and (3) those requiring formal bid procedures. Henceforth, purchases less than $1,000 will not require a bid. The proposed revisions have been reviewed by the Community Services Department and the Light and Power Department, and it is hereby recommended that an ordinance amending the procedures for purchasing and contracts be adopted. (Deferred from the City Council Meeting held May 20, 1997.) ORDINANCE NO. 1047 - An Ordinance of the City Council of the City of Vernon Amending the Procedure for the Award of Contracts and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith. (FIRST READING) (Deferred from the City Council Meeting held May 20, 1997.) It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 20, 1997, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant, to attend the Public Employees' Retirement System (PERS) Retirement Training Seminar in Sacramento on June 19, 1997, with an expense allowance of $294. , ~5"8S I I City Council Minutes page 3 June 3, 1997 It was moved by Ybarra, seconded by Davis, that authority be granted for the Risk Manager/Personnel Assistant, Joan Francone, to attend the aforementioned seminar with an expense allowance of $294. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated May 20, 1997, was presented, requesting authority and funds for Utilitymen Fernando Weathers, Richard Stoykovich, and Gary Sawyer to attend the Management Skills for New Supervisors Seminar in Los Angeles on June 26, 1997, with an expense allowance of $109 each. It was moved by Gonzales, seconded by Davis, that authority be granted for Fernando Weathers, Richard Stoykovich, and Gary Sawyer to attend the aforementioned seminar with an expense allowance of $109 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated May 21, 1997, was presented, requesting authority and funds for Dispatcher Dimitra Tsibouris to attend the Telecommunications for the Deaf and Disabled Training Class for Dispatchers in Irvine, June 30, 1997, with an allowance of $45 for the registration fee. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Dimitra Tsibouris to attend the afore- mentioned class with an allowance of $45 for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 21, 1997, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant, to attend a workshop entitled "Newly Issued Equal Employment Opportunity Commission Guidelines Under the Federal Disability Law" in Los Angeles on June 17, 1997, with an expense allowance of $90. It was moved by Davis, seconded by Gonzales, that authority be granted for Joan Francone, Risk Manager/Personnel Assistant, to attend the aforementioned workshop with an expense allowance of $90. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated May 22, 1997, was presented, requesting authority and funds for the below listed Utilitymen in the Community Services Department to attend a Utility Trench Construction Seminar in Pico Rivera on June 18, 1997, with an expense allowance of $45 each: Jose Alvarez Ray Arias Louie Saenz Gary Sawyer Eddie Rodriguez Pilar Arguello Mauro Trujillo Ruben Herrera It was moved by Ybarra, seconded by Davis, that authority be granted for the above listed employees to attend aforementioned seminar with an expense allowance of $45 each. Motion carried. the Communication from Police Chief Louis Rosenkrantz, dated May 28, 1997, was presented, requesting authority and funds for Sgt. Michael Gillman, Officers Charles Solano, Matthew Brown, Rex Hill, and Mason Chancey to attend a seminar entitled "Officer Survival - Low Light Conditions" in Irvine on July 1, 1997, with an expense allowance of $131.60 each of which $123.60 each will be reimbursed by POST. 5.139, I I City Council Minutes page 4 June 3, 1997 It was moved by Gonzales, seconded by Ybarra, that authority be granted for Sgt. Michael Gillman, Officers Charles Solano, Matthew Brown, Rex Hill, and Mason Chancey to attend the aforementioned seminar with an expense allowance of $131.60 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 28, 1997, was presented, advising that Deutsch/SDL, Ltd. is the owner of two adjoining parcels of land located at 4817-4911 Alcoa and 4910 Boyle Avenue. They are requesting an adjustment of the boundary line between the parcels which will result in a portion of land being transferred from the westerly parcel to the easterly 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 Gonzales, seconded by Davis, that the communication from the City Clerk dated May 28, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6965 - A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment Requested by Deutsch/SDL, Ltd, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6965 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 28, 1997, was presented, advising that a resolution was approved at the City Council Meeting held May 6, 1997, (Resolution No. 6946) which declared the City's intention to approve an amendment to the Contract with the Public Employees Retirement System for (Third Level of 1959 Survivor Benefits) for local fire members only. In order to continue processing the necessary documents to complete the amendment process, it is hereby recommended that the following ordinance be approved for a first reading. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated May 28, 1997, be received and filed, and that his recommendation be approved. Motion carried. ORDINANCE NO. 1045 - An Ordinance of the City Council of the City of Vernon Approving and Authorizing an Amendment to the Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Vernon, was read by title by the City Clerk for a First Reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1045 be approved for a First Reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 28, 1997, was presented, advising that the City Attorney's office has prepared draft ordinances relating to enforcement of permits and activities which require a permit from the Police Department. The Chief of Police has reviewed the ordinances and is in agreement with the changes contained therein, and it is hereby recommended that the following ordinances be approved for a first reading. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated May 28, 1997, be received and filed, and that his recommendation be approved. Motion carried. 51!! I I City Council Minutes page 5 June 3, 1997 ORDINANCE NO. 1050 - An Ordinance of the City Council of the City of Vernon Amending and Renumbering Chapters 5, 6, 6A, 9, 18, and 23 in the Code of the City of Vernon, California, 1959, Relating to Enforcement by the Police Department of Permits Granted by the City Council for Specified Business Activities and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a First Reading. It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 1050 be approved for a First Reading. Motion carried. ORDINANCE NO. 1051 - An Ordinance of the City Council of the City of Vernon Amending and Renumbering Chapters 4A and 21A in the Code of the City of Vernon, California, 1959, Relating to Activities Which Require a Permit from the Police Department and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a First Reading. It was moved by Davis, seconded by Gonzales, that Ordinance No. 1051 be approved for a First Reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 28, 1997, was presented, advising that in February 1996, the City of Vernon filed an application with LAFCO requesting approval of an exchange of parcels, as listed below, known as Reorganization No. 1-96 (Parcels 1 and 2) between Vernon and Maywood: Proposed Parcell - Detaching from the City of Maywood and annexing to Vernon the property known as 4441 East 52nd Street and 4459 E. 52nd Street and a portion of Cudahy Avenue. Proposed Parcel 2 - Detaching from the City of Vernon and annexing to Maywood undeveloped land at the corner of 52nd Street and Atlantic Boulevard and a portion of 52nd Street. This exchange has been reviewed by the appropriate agencies, the Director of Community Services, and the City Attorney, and it is hereby recommended that the negotiated exchange of property tax revenue resulting from Reorganization No. 1-96 (Parcels 1 and 2) between the cities of Maywood and Vernon be approved. The Mayor asked Mr. Wilson if Parcell is undeveloped. Mr. Wilson stated there is a building there that had a fire, but it has been vacant for a while. It was moved by Davis, seconded by Ybarra, that the communication from the City Clerk dated May 28, 1997 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6954 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Execution of a Joint Resolution of the Board of Supervisors of the County of Los Angeles, the City Councils of the City of Maywood and the City of Vernon, the Redevelopment Agency of the City of Vernon and the Greater Los Angeles County Vector Control District Approving and Accepting the Negotiated Exchange of Property Tax Revenue Resulting from Reorganization No. 1-96 (Parcels 1 and 2) Between the Cities of Maywood and Vernon, was presented. 0., ," &7il I I City Council Minutes page 6 June 3, 1997 The Mayor asked if the Vector Control District has any jurisdiction once we acquire the property. The City Clerk stated no, they have an interest in property that was maintained in Maywood, but will release that control when it is annexed to Vernon. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6954 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 28, 1997, was presented, advising that the Finance Committee, at their meeting held May 19, 1997, approved entering into an agreement with the Southeast Area Animal Control Authority (SEAACA) for animal control services contingent upon approval of the agreement by the City Attorney's office. The agreement has now been approved by the City Attorney, and it is hereby recommended that said agreement be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated May 28, 1997 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6963 - A Resolution of the City Council of the City of Vernon Approving the Execution of an Agreement By and Between the City of Vernon and the Southeast Area Animal Control Authority (SEAACA) for Animal Control Services for the Period July I, 1997 to June 30, 1998, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6963 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, I dated May 28, 1997, was presented, advising that U.S. Filter Corporation requested permission to place, maintain, and operate two vehicle detector loops in their driveway; one 212 feet north and the other 228 feet north of 54th Street on the west side of Boyle Avenue in the City of Vernon. The required insurance has been approved and the necessary fees have been deposited with the City. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that Encroachment License Agreement No. 383 be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated May 28, 1997 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6964 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 383 By and Between the City of Vernon and U.S. Filter Corporation, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6964 be approved and adopted. Motion carried. Communication from Gisselle Acevedo-Franco, Government Relations Representative with the Los Angeles County Metropolitan Transportation Authority (MTA) , dated April 21, 1997, advising that Congress is currently reviewing the reauthorization of the Intermodal Surface Transportation Efficiency Act (ISTEA II or NEXTEA). Ms. Acevedo-Franco, on 1790 I I City Council Minutes page 7 June 3, 1997 behalf of the MTA, is requesting that Vernon adopt a resolution supporting ISTEA II since its passage is critical to the future of transportation in this region. It was moved by Gonzales, seconded by Ybarra, that the communication from Gisselle Acevedo-Franco dated April 21, 1997 be received and filed. Motion carried. RESOLUTION NO. 6962 - A Resolution of the City Council of the City of Vernon Supporting the Reauthorization of the Intermodal Surface Transportation Efficiency Act (ISTEA II or NEXTEA) and the Regional List of Projects Sponsored by the Los Angeles County Metropolitan Transportation Authority (MTA), was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6962 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 29, 1997, was presented, requesting authority and funds for himself and Councilman William Davis to attend the Independent Cities Association 37th Annual Seminar in San Diego, July 10-13, 1997, with an expense allowance of $885 each. It was moved by Ybarra, seconded by Gonzales, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $885 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 29, 1997, was presented, requesting authority and funds for Mayor Leonis C. Malburg, Mayor Pro Tem Thomas Ybarra, and Councilman William McCormick to attend the Independent Cities Association 37th Annual Seminar in San Diego, July 10-13, 1997, with an expense allowance of $1425 each. It was moved by Davis, seconded by Ybarra, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $1425 each. Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 29, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held June 2, 1997, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, to approve the recommendations contained in the Agenda for the Personnel Committee Meeting held June 2, 1997. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 29, 1997, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting held May 29, 1997, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, to approve' the recommendations contained in the Agenda for the Adjourned Finance Committee Meeting held May 29, 1997. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 29, 1997, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held June 2, 1997, for approval of the recommendations contained therein. 8'tti I I City Council Minutes page 8 June 3, 1997 It was moved by Ybarra, seconded by Gonzales, to approve the recommendations contained in the Agenda for the Adjourned Finance Committee Meeting held June 2, 1997. Motion carried. WARRANT REGISTER NO. 964 covering claims and demands presented during the period of May 16 thru 29, 1997, drawn on Wells Fargo Bank totaling $530,123.70, which includes Demand Nos. 61096 thru 62053 (inclusive), excluding Light and Power Demands and Void Demand Nos. 61910, 61930, 61931, and 61967 thru 61969 (inclusive) (accounting period June, 1997), was examined and audited It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 964 be approved and payment authorized for claims and demands totaling $530,123.70, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 964 covering claims and demands presented during the period of May 16 thru 29, 1997, drawn on Wells Fargo Bank totaling $2,117,215.40, which includes Light and Power Demand Nos. as listed below (accounting period June, 1997), was examined and audited: 61911 61912 61913 61914 61915 61916 61917 61919 61920 61924 61928 61937 61938 61941 61943 61949 61951 61953 61954 61955 61956 61957 61958 61959 61960 61973 61976 61984 61985 61989 61994 62002 62012 62013 62021 62022 62035 62043 62046 62047 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 964 be approved and payment authorized for claims and demands totaling $2,117,215.40. 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. The Mayor called a recess at 5:40 p.m. The Council reconvened in regular session at 5:45 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 5:45 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, Chief of Police, Acting Police Captain, and legal associate Eduardo Olivo of the City Attorney's office. 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. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE The Chief of Police and Acting Police Captain were excused from the Closed Session at 5:48 p.m. It was moved by Gonzales, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 5:51 p.m. Motion carried. ,., B12~ I I City Council Minutes page 9 June 3, 1997 It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session to confer on Items No. 2 and 3 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, Chief Deputy City Clerk, and legal associate Eduardo Olivo of the City Attorney's office. 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) Citv 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 ale vs. City of Los Angeles, 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 Railwav vs. City of Vernon; LASC No. BC 123510; 2CIV B102025; (f) The City of Vernon v. The Atchison, Topeka and Santa Fe Railwav, CPUC Case No. 96-01-019; (g) Vernon V. Southern California Gas CompanY, CPUC No. 96-05-038; (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); (1) 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 Orange, et al. V. Alabama Treasury, et al., LASC Case No. BC 106461; (p) Salisbury v. Vernon, LASC BS 044810; fI...'~.' i,.. . 3721 I I City Council Minutes page 10 June 3, 1997 (q) Airstream Transportation. etc./Haskett v. Vernon LASC BC 138204; 3. 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: Two (2) potential cases It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:01 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the Secretary be disciplined as recommended. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Attorney's actions in participating in CPUC Dockets No. R.97-04-011/I.97-04-012 are hereby ratified. Motion carried. Mayor Malburg and Councilman Davis abstained from voting on this matter. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by Gonzales, that the meeting adjourn. Motion carried. ~.. ). ~~ Mayor Bruce V. Malkenhorst City Clerk 81!'