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19970701 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 1, 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 Gonzales, seconded by Davis, that the Minutes of the Adjourned City Council Meeting held June 25, 1997, be approved as submitted and adopted. Motion carried. Albert Robles, Director of the Water Replenishment District of Southern California (WRD), representing the fifth district, addressed the City Council and presented a rebate check to the City from the WRD. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council: Kevin Wilson, Dir. of Comm. Services - 15 Years Luz Martinez, Secretary - 10 Years Adam Alvarez, Utilityman - 10 Years Marco Reynoso, Utilityman - 5 Years Hector Vasquez, Utilityman - 5 Years Michael Gillman, Police Sergeant, was unable to attend the meeting and his ten year service pin was accepted by the Chief of Police. Police Department Activity Log for the period June 16 thru 30, 1997, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period June 16 thru 30, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period June 16 thru 30, 1997, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period June 16 thru 30, 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 on the Agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if anyone in the audience wished to address the Council at this time. There was no one wishing to address the City Council. Communication from Bruce V. Malkenhorst, City Clerk, dated May 15, 1997, was presented, 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 5761 I I City Council Minutes page 2 July 1, 1997 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 June 17, 1997.) The City Clerk also advised that this matter had been reviewed by the City Attorney. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated May 15, 1997, be received and filed, and that his recommendation be approved. Motion carried. ORDINANCE NO. 1047 - An Ordinance of the City Council of the City of Vernon Amending Chapter 2 of the Code of the City of Vernon, California, 1959, By Amending Sections 2.24, 2.25, 2.27 and 2.28 and By Adding Sections 2.29-1, 2.29-2 and 2.29-3 Regarding the Procedure for the Award of Contracts 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 Gonzales, seconded by Davis, that Ordinance No. 1047 be approved for a first reading. Motion carried. ORDINANCE NO. 1053 - An Ordinance of the City Council of the City of Vernon Amending Chapter 26 of the Code of the City of Vernon, California, 1959, By Amending Sections 26.2.14, 26.4.2-6, and 26.5.2-9 Regarding Zoning Requirements 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 McCormick, seconded by Ybarra, that Ordinance No. 1053 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Davis, Gonzales, McCormick None None ORDINANCE NO. 1052 - An Ordinance of the City Council of the City of Vernon Amending Chapter Nos. 3, 10, and 13 of the Code of the City of Vernon, California, 1959, Regarding Animal and Vector Control 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 Gonzales, seconded by Ybarra, that Ordinance No. 1052 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Davis, Gonzales, McCormick None None Communication from Louis Rosenkrantz, Chief of Police, dated May 27, 1997, was presented, requesting authority and funds for Police Officer Matthew Saidleman to attend the Long Rifle Class in Azusa, August 12-15, 1997, with an expense allowance of $123.60 of which $73.60 will be reimbursed by POST. It was moved by Davis, seconded by Gonzales, that authority be granted for Officer Matthew Saidleman to attend the aforementioned class with an expense allowance of $123.60. Motion carried. 576. I I City Council Minutes page 3 July 1, 1997 Communication from Bruce V. Malkenhorst, City Clerk, dated June 5, 1997, was presented, requesting authority and funds for Christopher Romero, Administrative Aide, to attend the Municipal Management Assistants of Southern California Annual Conference in Ventura, August 7-8, 1997, with an expense allowance of $370.50. It was moved by Ybarra, seconded by McCormick, that authority be granted for Christopher Romero, Administrative Aide, to attend the aforementioned conference with an expense allowance of $370.50. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated June 11, 1997, was presented, requesting authority and funds for Engineering Aide Carol Childers to attend the Automated Drafting Systems Version 13 Training in Burbank, July 21-23, 1997, with an expense allowance of $655. It was moved by Ybarra, seconded by Davis, that authority be granted for Carol Childers, Engineering Aide, to attend the aforementioned training with an expense allowance of $655. Motion carried. Communication from Louis Rosenkrantz, Chief of Police, dated June 17, 1997, was presented, requesting authority and funds for Sergeant Steven Coday to attend the "How to Supervise People" seminar in Diamond Bar on July 22, 1997, with an allowance of $99 for the registration fee. It was moved by McCormick, seconded by Gonzales, that authority be granted for Sgt. Steven Coday to attend the afore- mentioned seminar with an allowance of $99 for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 24, 1997, was presented, advising that West Soto Street Partners own property at 2730 and 2750 37th Street, and Loretta Dodd Trust own property at 3883 and 3855 Soto Street in the City of Vernon. The owners have requested an adjustment of the boundary line between the parcels which will result in a portion of land being transferred from the southerly parcel to the northerly parcel. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the lot line adjustment be approved. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated June 24, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6984 - A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment Requested by West Soto Street Partners and Loretta Dodd Trust, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6984 be approved and adopted. Motion carried. The City Clerk advised that the following matter should be removed from the Agenda. Communication from Kevin Wilson, Director of Community Services, dated June 23, 1997, transmitting four fully executed Grant Deeds from CMD Partners: Xebec, LLC. for street purposes, as listed below: Grant Deed 1 A portion of property at the northwest corner of 49th Street and Loma Vista Avenue (approximately 379 square feet) 575U I I City Council Minutes page 4 July 1, 1997 Grant Deed 2 A portion of property at the northeast corner of Corona Avenue and 50th Street (approximately 343 square feet) Grant Deed 3 A portion of property at the southwest corner of 49th Street and Loma Vista Avenue (approximately 378 square feet) Grant Deed 4 A portion of property at the southwest corner of District Boulevard and Everett Avenue and a strip of land five feet wide on the westerly line of Everett Avenue (approximately 1,324 square feet) It was moved by Ybarra, seconded by Davis, that the aforementioned matter pertaining to Grant Deeds from CMD Partners: Xebec, LLC. be removed from the Agenda and no further action taken at this time. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 24, 1997, was presented, transmitting a Traffic Signal Construction and Maintenance Agreement with Four M Manufacturing Group of California, Inc. DBA Box USA Group, Inc. providing for the construction of traffic signals at 3030 Atlantic Boulevard. Four M will pay 100 percent of the signal construction costs. Upon completion, the signal devices shall become the property of the City with Four M paying 33.3 percent of the signal maintenance. The agreement has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated June 24, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6985 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Traffic Signal Construction and Maintenance Agreement Between the City of Vernon and Four M Manufacturing Group of California, Inc. DBA Box USA Group, Inc., was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6985 be approved and adopted. Motion carried. The City Clerk advised that the following matter should be deferred. Communication from Bruce V. Malkenhorst, City Clerk, dated June 24, 1997, advising that as part of the special conditions of the Community Development Block Grant No. 95-EDBG- 390, the "Guidelines for the 1995 City of Vernon Infrastructure Loan Program" have been completed. The guidelines have been reviewed by the Director of Community Services and the City Attorney, and in order to comply with the State Housing and Community Development requirements, it is hereby recommended that the guidelines be approved. It was moved by Davis, seconded by Gonzales, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. 575& I I City Council Minutes Page 5 July 1, 1997 Communication from Bruce V. Malkenhorst, City Clerk, dated June 25, 1997, was presented, transmitting the 1997 Annual Report on the status of the Vernon General Plan. The Report has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the report be approved. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated June 25, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6986 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Annual Report on the General Plan for Fiscal Year 1996-1997, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6986 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated June 26, 1997, was presented, transmitting the Minutes of the Adjourned Finance Committee Meeting held June 23, 1997, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, to approve the Minutes of the Adjourned Finance Committee Meeting held June 23, 1997. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated June 26, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held June 30, 1997, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, to approve the recommendations contained in the Agenda for the Personnel Committee Meeting held June 30, 1997. Motion carried. WARRANT REGISTER NO. 966 covering claims and demands presented during the period of June 13 thru 26, 1997, drawn on Wells Fargo Bank totaling $688,922.70, which includes Demand Nos. 62267 thru 62462 (inclusive), excluding Light and Power Demands and Void Demand Numbers 62333, 62336 thru 62339 (inclusive) and 62398 (accounting period June paid in July, 1997) - Finance 7, was examined and audited. It was moved by Gonzales, seconded by Davis, that Warrant Register No. 966 be approved and payment authorized for claims and demands totaling $688,922.70, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 966 covering claims and demands presented during the period of June 13 thru 26, 1997, drawn on Wells Fargo Bank totaling $2,085,923.44, which includes Light and Power Demand Numbers as listed below (accounting period June paid in July, 1997)- Finance 7, was examined and audited: 62272 62290 62313 62321 62328 62348 62396 62430 62273 62291 62314 62322 62329 62357 62412 62437 62274 62292 62315 62323 62330 62373 62421 62442 62275 62293 62317 62324 62331 62376 62425 62455 62278 62294 62318 62325 62332 62379 62426 62281 62295 62319 62326 62334 62384 62428 62289 62296 62320 62327 62341 62386 62429 5757 I I City Council Minutes page 6 July I, 1997 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 966 be approved and payment authorized for claims and demands totaling $2,085,923.44. 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. WARRANT REGISTER NO. 967 covering claims and demands presented during the period of June 13 thru 26, 1997, drawn on Wells Fargo Bank totaling $259,638.00, which includes Demand Nos. 62463 thru 62478 (inclusive), excluding Light and Power Demands and Void Demand Numbers 62463, 62464 thru 62465 (accounting period July, 1997) - Finance 8, was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 967 be approved and payment authorized for claims and demands totaling $259,638.00, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 967 covering claims and demands presented during the period of June 13 thru 26, 1997, drawn on Wells Fargo Bank totaling $3,608.00, which includes Light and Power Demand Numbers 62469 and 62470 (accounting period July, 1997) - Finance 8, was examined and audited. It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 967 be approved and payment authorized for claims and demands totaling $3,608. 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. Mayor Malburg called a recess at 5:29 p.m. The Council reconvened in regular session at 5:33 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:33 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, Chief Deputy City Clerk, Director of Community Services and Water, Acting City Attorney, and the Utilityman I. The Mayor ordered all communications to and from the Closed Session 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 Utilityman I and the Director of Community Services and Water were excused from the Closed Session at 5:36 p.m. It was moved by Gonzales, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the being 5:37 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session to confer on Item No. 2 listed below, the time being 5:37 p.m. Motion carried. 5756 I I City Council Minutes page 7 July I, 1997 All persons were excluded from the Closed Session with the exception of the City Clerk, Chief Deputy City Clerk, and Acting City Attorney. The Mayor ordered all communications to and from the Closed Session 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; 2CIV BI01606; (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 Angeles. et al., LASC No. BC 129447; 2CIV BI00019; Supreme Court No. S057753; (d) City of Vernon v. Board of Harbor Commissioner~ of the City of LQng 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; S060700 (h) Johnson & Vincent v, Vernon, LASC BS 039646; (i) FERC Docket No. OA-96-76 ER97-2355 (Open Access) ; (j) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (k) Gonzalez. etc.. et al v. U.S. Customs Services. et al., USDC CV96-4361 RJK (Jrx); (1) Lynwood v. Vernon, LASC BS 041786; (m) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES; (n) City of Orange. et ale v. Alabama Treasury, et al., LASC Case No. BC 106461; (0) Salisbury v. Vernon, LASC BS 044810; (p) Airstream Transportation. etc./Haskett v. Vernon LASC BC 138204; (q) FERC Docket No. RP97-284 (SCE v. Gas); 5755 I I City Council Minutes July 1, 1997 page 8 (r) CPUC Application No. 97-03-015 (Mexicali) ; (s) CPUC No.R.97-04-011/I.97-04-012 (Gas) ; It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 5:39 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Utilityman I be disciplined as recommended. Motion carried. There being no further business to come before the Council at this time, it was moved by Gonzales, seconded by McCormick, that the meeting adjourn. Motion carried. ~ ' , ~'<VC~~":i_~ .--/ / Leonis C. Mal urg . yor ATTEST: t/ 4~---- ~ Bruce V. Malkenhorst City Clerk $75,4