Loading...
19971118 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 18, 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, Gonzales, Davis 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 21, 1997, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the City Council Meeting held November 4, 1997, be approved as submitted and adopted. Motion carried. The City Clerk announced that now was the time to present Perfect Attendance Awards. The Mayor presented Perfect Attendance Awards to the following employees and extended congratulations on behalf of the entire City Council: Jason Bogosian, Police Officer, 3 Years Steven Coday, Police Sergeant, 3 Years Michael DeFrank, Engineering Aide, 3 Years Sharon Johnson, Budget Auditor, 3 Years Armando Hinojos, Utilityman, 3 Years Deborah Medina, Utility Clerk, 3 Years Robert Valenzuela, Systems Coordinator I, 3 Years Paul Zook, Fire Engineer, 3 Years Marco Reynoso, Utilityman, 4 Years Abraham Alemu, Associate Engineer, 5 Years Louie Saenz, Utilityman, 7 Years The following employees could not attend the meeting and Perfect Attendance Awards were accepted by their respective Department Head: Daniel Santos, Police Officer, 2 Years Joe Jimenez, Systems Coordinator II, 2 Years Martha Parra, Transcriber/Typist, 2 Years Sergio Rodriguez, Resource Scheduler, 3 Years Peter Gantes, Firefighter, 4 Years David Shea, Fire Engineer, 6 Years Jerry Schreiber, Sr. Electrical Inspector, 10 Years Ron Anderson, Foreman, 16 Years The Mayor declared a short recess, the time being 5:11 p.m. Council reconvened at 5:15 p.m. Communication from Bruce V. Malkenhorst, City Clerk, dated November 5, 1997, was presented, advising that the below listed Police Department employees have qualified for a Safe Driver Award. Awards were presented by a representative of the Southern California Automobile Club to Peace Officers who have driven City vehicles for a minimum of five years without a preventable accident: Peace Officer Award Officer Jeff Bullock Officer Dan O'Neil Officer Jerry Winegar Detective G. Finley Sgt. Ben Busse 5 Years 5 Years 5 Years 5 Years 5 Years I I City Council Meeting Minutes page 2 November 18, 1997 Peace Officer Award Sgt. Fred Jaime Sgt. Penny Turner Sgt. Tony Zack Officer Rex Hill Officer David Zapien Acting Sgt. Chris Moscoso Sgt. Mike Gillman Lt. James Rodino Lt. Steve Towles Lt. Jim Wohlt Acting Captain Sol Benudiz Acting Chief Bruce Olson 5 Years 5 Years 5 Years 10 Years 10 Years 10 Years 10 Years 10 Years 15 Years 15 Years 15 Years 15 Years The following police officers could not attend the meeting and the Safe Driver Awards were accepted by the Acting Chief of Police: Peace Officer Award Detective Osborne Sgt. Dan Calleros Officer Fernando Rodriguez Detective Randy Phillips Sgt. Michael Chavez Lt. Bill Waxman 5 Years 5 years 10 Years 10 Years 10 Years 15 Years The Mayor declared a short recess, the time being 5:19 p.m. Council reconvened at 5:22 p.m. Police Department Activity Log for the period November 1 thru 15, 1997, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period November 1 thru 15, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period November 1 thru 15, 1997, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period November 1 thru 15, 1997, be received and filed. Motion carried. Health Department Report for the month of October, 1997, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of October, 1997, be received and filed. Motion carried. Risk Management Report for the month of October, 1997, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of October, 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. I I City Council Meeting Minutes page 3 November 18, 1997 There was no one in the audience who wished to address the Council at this time. PUBLIC HEARING to consider a request from Far East National Bank to grant a Variance to allow tenant to utilize three non-conforming truck spaces at 4901-4903 Pacific Boulevard, City of Vernon. (Continued from the City Council Meeting held November 4, 1997.) The City Clerk requested that the aforementioned PUBLIC HEARING be continued to the next City Council meeting. It was moved by McCormick, seconded by Gonzales, that the Public Hearing pertaining to a variance request for Far East National Bank be continued to the next City Council Meeting and also the resolution on the same subject matter. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 3, 1997, was presented, requesting authority and funds for Sharon L. Johnson, Budget Auditor, to attend the League of California Cities Financial Management Seminar at Monterey on December 4 thru 5, 1997, with an expense allowance of $709.69. It was moved by Ybarra, seconded by Davis, that authority be granted for Sharon L. Johnson, Budget Auditor, to attend the aforementioned seminar with an expense allowance of $709.69. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated November 13, 1997, was presented, transmitting for consideration Contract No. 544, Removal and Replacement of Fuel and Waste Oil Tanks. It is hereby recommended that this contract be approved and authority be granted to advertise for bids. It was moved by Gonzales, seconded by Davis, that Contract No. 544, Removal and Replacement of Fuel and Waste Oil Tanks, be approved and authority be granted to advertise for bids. Motion carried. RESOLUTION NO. 7045 - A Resolution of the City Council of the City of Vernon Approving Contract No. 544 of the City of Vernon for Removal and Replacement of Fuel and Waste Oil Tanks and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7045 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated November 13, 1997, was presented, transmitting for consideration Contract 546, Street Sweeping - 1998-1999. It is hereby recommended that this contract be approved and authority be granted to advertise for bids. It was moved by Gonzales, seconded by Ybarra, that Contract No. 546, Street Sweeping - 1998-1999, be approved and authority be granted to advertise for bids. Motion carried. RESOLUTION NO. 7046 - A Resolution of the City Council of the City of Vernon Approving Contract No. 546 of the City of Vernon for Street Sweeping - 1998-1999 and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7046 be approved and adopted. Motion carried. I I City Council Meeting Minutes page 4 November 18, 1997 Communication from Bruce V. Malkenhorst, City Clerk, dated November 13, 1997, was presented, advising that Louis Rosenkrantz applied for a disability retirement, and PERS has requested that a determination be made of Mr. Rosenkrantz's disability in accordance with Government Code Section 21154 and 21156. The report of Eugene Harris, M.D., dated August 4, 1997, advises that Mr. Rosenkrantz should be precluded from heavy lifting, particularly in the forward flexed position, associated with repetitive bending or stooping. In his report of October 9, 1997, Dr. Harris states that, ".. .It is not likely that the patient will be able to do police work, assuming confrontational circumstances, running, jumping, etc." Based on the reports of Dr. Eugene Harris dated August 4, 1997, and October 9, 1997, it is hereby recommended that the industrial disability retirement of Louis S. Rosenkrantz, due to his orthopedic limitations, be approved. The permanent and stationary date is August 4, 1997. It was moved by Ybarra, seconded by Gonzales, that the industrial disability retirement of Louis S. Rosenkrantz, be approved. Motion carried. RESOLUTION NO. 7049 - A Resolution of the City Council of the City of Vernon Granting the Industrial Disability Retirement of Louis Rosenkrantz, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21154 and 21156) . It was moved by McCormick, seconded by Davis, that Resolution No. 7049 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 13, 1997, transmitting a letter from Innovative Waste forsaking its CUP to operate a solid waste transfer station at 4133 Bandini Boulevard. It is hereby recommended to accept the voluntary forfeiture of the CUP by Innovative Waste. RESOLUTION NO. 7050 - A Resolution of the City Council of the City of Vernon Accepting the Voluntary Forfeiture and Declaring Void a Conditional Use Permit Granted to Innovative Waste Control, Inc., for the Operation of a Solid Waste Transfer Station Located at 4133 Bandini Boulevard in the City of Vernon. It was moved by Ybarra, seconded by Gonzales, that aforementioned matter pertaining to Innovative Waste and the corresponding resolution be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 13, 1997, was presented, advising that clerical errors were found in Ordinance Nos. 1048, 1050 and 1051 which were previously approved by the City Council. This has been reviewed by the City Attorney and it is hereby recommended that Ordinance No. 1054, which corrects said clerical errors, be read for a first reading. It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1054 be read for a first reading. Motion carried. ORDINANCE NO. 1054 - An Ordinance of the City Council of the City of Vernon Amending Ordinance Nos. 1048, 1050 and 1051 For the Purpose of Correcting Certain Clerical Errors (FIRST READING) . It was moved by Gonzales, seconded by Davis, that Ordinance No. 1054 be approved and adopted for a first reading. Motion carried. I I City Council Meeting Minutes page 5 November 18, 1997 Communication from Bruce V. Malkenhorst, Director of Finance, dated November 13, 1997, was presented, transmitting the Minutes of the Special Meeting of the Finance Committee held November 10, 1997, for approval of the recommendations contained therein. The Mayor advised that there needs to be a correction to the Minutes and referred to Page 4, the second to the last paragraph. He stated that the Minutes should be corrected to read as follows: "...that recommendation be made to City Council to approve the request...." It was moved by Davis, seconded by Gonzales, that the November 10, 1997, Minutes of the Special Meeting of the Finance Committee be approved, as corrected on page 4, and that the recommendation contained therein be approved. Motion carried. RESOLUTION NO. 7044 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Auction Services Agreement for Miscellaneous Surplus Property By and Between the City of Vernon and Nationwide Auction Systems. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7044 be deferred to the next City Council meeting. Motion carried. RESOLUTION NO. 7047 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: Community Services, Light and Power, and Police (Jail), Pursuant to Section 2.31 of the Vernon City Code. It was moved by McCormick, seconded by Davis, that Resolution No. 7047 be approved and adopted. Motion carried. RESOLUTION NO. 7048- A Resolution of the City Council of the City of Vernon Amending Resolution No. 6974, Which Approved a Budget for the Fiscal Year 1997-1998, to Reflect Increases. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7048 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 13, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held November 17, 1997, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations contained in the November 17, 1997, Agenda for the Personnel Committee Meeting be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 13, 1997, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held November 17, 1997, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations contained in the November 17, 1997, Agenda for the Adjourned Regular Finance Committee Meeting be approved. Motion carried. I I City Council Meeting Minutes page 6 November 18, 1997 WARRANT REGISTER NO. 977 covering claims and demands presented during the period of October 31 thru November 13, 1997, drawn on Wells Fargo Bank totaling $383,057.97, which includes Demand Numbers 64197 thru 64362 (inclusive), excluding Light and Power Demands and Void Demand Numbers 64239 thru 64242, inclusive (accounting period November, 1997), was examined and audited. It was moved by Gonzales, seconded by Davis, that Warrant Register No. 977 be approved and payment authorized for claims and demands totaling $383,057.97, excluding Light and Power Demands and Void Demands as listed above. Motion carried. WARRANT REGISTER NO. 977 covering claims and demands presented during the period of October 31 thru November 13, 1997, drawn on Wells Fargo Bank totaling $946,031.77, which includes Light and Power Demand Numbers as listed below (accounting period November, 1997), was examined and audited: 64202 64213 64234 64256 64273 64299 64335 64362 64203 64217 64236 64259 64283 64311 64337 64204 64218 64244 64261 64284 64312 64339 64206 64229 64248 64262 64287 64319 64345 64208 64230 64249 64265 64293 64327 64353 64212 64233 64255 64266 64297 64328 64359 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 977 be approved and payment authorized for Light and Power claims and demands totaling $946,031.77. 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. Motion carried. PAYROLL WARRANT REGISTER NO.497 covering claims and demands presented during the period of September 14 thru October 11, 1997, drawn on Wells Fargo Bank totaling $1,597,169.86 which includes Demand Numbers 5485 thru 5527 (inclusive) (accounting period October, 1997), was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 497 be approved and payment authorized for claims and demand totaling $1,597,169.86. Motion carried. Consideration and discussion of Kenko, Inc. 's letter dated November 12, 1997, concerning Contract No. 534, as submitted by Kevin Wilson, Director of Community Services, was presented. The City Attorney advised that this matter should be deferred to Closed Session later this date. It was moved by Ybarra, seconded by Davis, that the above matter be deferred to Closed Session later this date. Motion carried. The Mayor called a recess at 5:48 p.m. The Council reconvened in regular session at 5:50 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Ybarra, that the Committee go into Closed Session to confer on Item No. 3 listed below, the time being 5:52 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, Chief Deputy City Clerk, City Attorney, Acting Police Chief, Acting Police Captain, Fire Chief, and the Director of Community Services. I I City Council Meeting Minutes page 7 November 18, 1997 The Chairman ordered all communications to and from the Closed Session deemed privileged and confidential. 5:52 p.m. The Director of Community Services was excused at It was moved by Ybarra, seconded by McCormick, that the Committee go out of Closed Session #3 and resume regular session, the time being 5:52 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Committee go into Closed Session to further confer on Item No.1 listed below, the time being 5:53 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, Chief Deputy City Clerk, City Attorney, Acting Police Chief, Acting Police Captain and Fire Chief. 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 Police Officer entered Closed Session at 5:53 p.m. The Police Officer was excused at 5:57 p.m. The Acting Chief of Police and Acting Captain Benudiz were excused at 6:01 p.m. Firefighter #1 entered Closed Session at 6:04 p.m. Firefighter #1 was excused at 6:06 p.m. Firefighter #2 entered Closed Session at 6:07 p.m. Firefighter #2 was excused at 6:09 p.m. Fire Chief was excused at 6:11 p.m. It was moved by Ybarra, seconded by McCormick, that the Committee go out of Closed Session, Item #1, the time being 6:11 p.m. Motion carried. The Director of Community Services returned at 6:30 p.m. It was moved by Gonzales, seconded by Davis, that the Committee go into Closed Session, Item #2 and 3, the time being 6:12 p.m. Motion carried. All persons were excused with the exception of City Clerk, Chief Deputy City Clerk, City Attorney, and Director of Community Services. Director of Community Services was excused at 6:46 p.m. Mayor was excused at 6:47 p.m. Mayor returned at 6:49 p.m. 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54956.9. I I City Council Meeting Minutes page 8 November 18, 1997 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (a) City of Ve+nop vs. Central Basin Municipal Water District, LASC No. BC 121124; 2CIV B101606; (b) City of Vernon vs. Central Basin. etc.. Zastrow. et al., LASC No. BC 130693; (c) City of South Gate. et ala 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 Long Beach. et al., LASC Case No. BC 158591; 2CIV Bl12374 (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, et al; (Open Access) ; (j) ER97-2355; (k) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (1) Gonzalez. etc.. et ala v. U.S. Customs Services. et al., USDC CV96-4361 RJK (JRx); (m) Lynwood V. Vernon, LASC BS 041786; (n) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (0) City of Orange. eta ala V. Alabama Treasury. eta ~l., LASC Case No. BC 106461; (p) Salisbury V. Vernon, LASC BS 044810; (q) FERC Docket No. RP97-284 (SCE V. Gas); (r) CPUC Application No. 97-03-015 (Mexicali); (s) CPUC No. R.97-04-011/I.97-04-012 (Gas); (t) TOMCO Auto Products. Inc. V. Verqon, Norwalk Superior Court No. VC023838; (u) Loren Dome V. Vernon; WCAB Case Nos. ARM 0042203, ARM 0042208 and 88 ANA 199484; (v) Arnold Klein dba AMRO Industries V. Vernon. et al., LASC Case No. BC176633. (w) Commerce V. Ve+non/Innovative Waste, LASC. No. BC 179283 I I City Council Meeting Minutes page 9 November 18, 1997 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 McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 7:05 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that Officer McQuire's resignation be accepted, effective November 18, 1997. Motion carried. It was moved by Ybarra, seconded by McCormick, to approve the discipline pertaining to the Police Officer as recommended by the Acting Police Chief. Motion carried. It was moved by Gonzales, seconded by Davis, to approve the discipline for the two firefighters, pursuant to the amended recommendation of the City Administrator/City Clerk. Motion carried. It was moved by Gonzales, seconded by Ybarra, to accept and ratify the compromise and release in the matter of Loren Dome v. Vernon, WCAB Case Nos. ARM 0042208, ARM 00422033 and 88 ANA 199484. Motion carried. It was moved by McCormick, seconded by Davis, that the City Administrator be authorized to send a letter to the Gas Company rejecting their latest offer. The Mayor Malburg abstained from voting and disqualified himself because it was reasonable that the decision may have a material effect on his source of income. Motion carried. 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: A Bruce V. Malkenhorst, City