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19990518 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 18, 1999 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held April 27, 1999 and the Minutes of the City Council Meeting held May 4, 1999 be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated May 12, 1999, was presented, advising the below listed employees have qualified in the month of April 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 10/10/85 Dolores Fonseca Accountant 2 Years 04/14/97 Brandon Young Police Officer 2 Years 04/29/96 Giovanny Aguilar Police Officer 3 Years 04/29/96 Javier Aguilar Police Officer 3 Years 08/28/89 Manuela Giron Account Clerk 5 Years 02/26/90 Barry Schoolmeester Firefighter 7 Years 02/01/68 Gary Wiskus Battalion Chief 7 Years 04/29/91 Linda Smith Utility Clerk 8 Years 04/23/90 Albert De La Cruz Utilityman 9 Years 07/01/85 Jaime De La Rosa Utilityman 9 Years 04/09/90 Michael Hendrickson Assistant Electronics 9 Years Technician 08/19/84 Richard Recano Maintenance Technician 9 Years 05/13/84 Vince Rodriguez Engineering Aide 11 Years 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. 08/27/90 Francesco Pirello Police Officer 2 Years 02/01/70 Larry Weaver Fire Captain 2 Years 06/22/90 Ben Busse Police Officer 4 Years 08/01/79 Rose Gonzales Secretary 4 Years 01/08/90 Jerry Winegar Police Officer 4 Years 04/17/94 Eric Anderson Utilityman 5 Years 04/16/80 Art Morales Utilityman 5 Years 01/24/82 Alice Saldana Senior Utility Clerk 6 Years 02/26/89 Todd Hewett Fire Engineer 7 Years 06/13/85 Michael Chavez Sergeant 8 Years The Mayor called a recess at 5:07 p.m. The Council reconvened in regular session at 5:11 p.m., all members present before the recess again being present. City Council Minutes May 18, 1999 Police Department Activity Log for the period May 1st, thru 15th, 1999, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period May l't, thru 15th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period May 18t, thru 151--'', 1999, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period May I", thru 151h, 1999, be received and filed. Motion carried. Health Department Report for the month of April, 1999, was presented. It was moved by McCormick, seconded by Gonzales, that the Health Department Report for the month of April, 1999, be received and filed. Motion carried. Risk Management Report for the month of April, 1999, was presented. It was moved by Davis, seconded by Ybarra, that the Risk Management Report for the month of April, 1999, 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 at this time. The City Clerk announced that now was the time to open the PUBLIC DARING to consider adoption of Ordinance No. 1073 pertaining to the adoption of the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, and Appendix 1 of the Uniform Code for Building Conservation in the City of Vernon. It was moved by Davis, seconded by Gonzales, to open the Public Hearing to consider adoption of Ordinance No. 1073, the time being 5:13 p.m. Motion carried. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter including his Staff Report. Communication from Bruce V. Malkenhorst, City Clerk dated May 11, 1999, was presented, advising the State of California recently adopted the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, and Appendix 1 of the Uniform Code for Building Conservation, all which will become effective July 1, 1999. California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 allows for amendments to the Model Codes provided a finding of necessity can be made. City staff has reviewed these codes and believes it is in the interest of Public Health, Safety, and Welfare to enact certain amendments to the model codes. Page 2 of 10 City Council Minutes May 18, 1999 Transmitted herewith is the following evidence: 1. Staff Report 2. Affidavit of Posting of Public Hearing Notice regarding the adoption of the Uniform Codes. 3. Proof of Publishing of the Public Hearing Notice pertaining to the adoption of the Uniform Codes This has been reviewed by the Director of Community Services & Water and the City Attorney, and it is hereby recommended that the proposed Ordinance No. 1073 be approved and adopted. Mayor asked if there were any questions from the Council or someone in the audience. Ms. Petullo, Representative for the Chamber of Commerce, asked if retrofitting was volunteer and will it remain volunteer after the adoption of the Ordinance? Mr. Wilson responded, "yes, it will." It was moved by Gonzales, seconded by Ybarra, to close the Public Hearing pertaining to the adoption of Ordinance No. 1073, the time being 5:21 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk and all supporting documents submitted during the Public Hearing, be received and filed as evidence. Motion carried. ORDINANCE NO. 1073 - An Ordinance of the City Council of the City of Vernon Amending Chapter 24, Building and Construction, of the Code of the City of Vernon; Adopting By Reference (1) The 1997 Edition of the Uniform Building Code, Volumes 1,2, and 3, Including Selected Appendices; (2) The 1996 Edition of the National Electrical Code, and the 1996 Edition of the Uniform Administrative Code Provisions for the National Electrical Code; (3) the 1997 Edition of the Uniform Mechanical Code, Including Selected Appendices; (4) the 1997 Edition of the Uniform Plumbing Code, Including Selected Appendices; (5) The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; (6) The 1997 Edition of Appendix Chapters 1 and 5 of the Uniform Code for Building Conservation; and Repealing all Ordinances and Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1073 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Davis, Gonzales, McCormick. Noes: None Absent: None The City Clerk announced that now was the time to open the PUBLIC HARING to consider adoption of Ordinance No. 1074 pertaining to the adoption of the Fire Code, Volumes 1 and 2, including specified Appendices and the Uniform Fire Code Standards in the City of Vernon. It was moved by Ybarra, seconded by Gonzales, to open the Public Hearing pertaining to the adoption of Ordinance No. 1074, the time being 5:23 p.m. Motion carried. Page 3 of 10 City Council Minutes May 18, 1999 Kevin Wilson, Director of Community Services & Water, addressed the City Council on this matter and briefly summarized his staff report dated May 13, 1999. Communication from Bruce V. Malkenhorst, City Clerk dated May 11, 1999, was presented, advising the State of California recently adopted the Uniform Fire Code, Volumes 1 and 2, including specified Appendices and the Uniform Fire Code Standards, all which will become effective July 1, 1999. California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 allows for amendments to the Model Codes provided a finding of necessity can be made. City staff has reviewed these codes and believes it is in the interest of Public Health, Safety, and Welfare to enact certain amendments to the model codes. Transmitted herewith is the following evidence: 1. Staff Report 2. Affidavit of Posting of Public Hearing Notice regarding the adoption of the Fire Code. 3. Proof of Publishing of the Public Hearing Notice pertaining to the adoption of the Fire Code. This has been reviewed by the Director of Community Services & Water and the City Attorney, and it is hereby recommended that the proposed Ordinance No. 1074 be approved and adopted. Mayor asked if there were any questions or comments from the City Council or if anyone in the audience had any questions or comments. There were no questions or comments. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the adoption of Ordinance No. 1074, the time being 5:26 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk and all supporting documents submitted during the Public Hearing, be received and filed as evidence. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk and all supporting documents submitted as evidence during the Public Hearing, be received and filed. Motion carried. ORDINANCE NO. 1074 - An Ordinance of the City Council of the City of Vernon Amending Article II of Chapter 7 of the Code of the City of Vernon; Adopting By Reference the 1997 Edition of the Uniform Fire Code, Volumes 1 and 2, Including Specified Appendices and the Uniform Fire Code Standards; and Repealing all Ordinances and Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1074 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Davis, Gonzales, McCormick Noes: None Absent: None Page 4 of 10 City Council Minutes May 18, 1999 ORDINANCE NO. 1072 - An Ordinance of the City Council of the City of Vernon Amending Sections 27.13, 27.15 and 27.18 of the Code of the City of Vernon, California, 1959, Pertaining to the Redevelopment Agency of the City of Vernon and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 1072 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Davis, Gonzales, McCormick Noes: None Absent: None Communication from Kevin Wilson, Director of Community Services & Water, dated May 4, 1999, was presented, transmitting, for your consideration, a fully executed Grant Deed from RAN Associates LLC for a portion of property located on Bandini Boulevard between Bonnie Beach Place and Ayers Avenue (approximately 1770 square feet). The property will be used for street purposes and it is recommended that the Grant Deed be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same. It was moved by Gonzales, seconded by Ybarra, that the Grant Deed from RAN Associates LLC be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same. Motion carried. Communication from James H. Hilands, Senior Associate, Heger Realty Corporation dated April 6, 1999, was presented addressing the effect of Zoning Ordinance Sections 26.4.6-3 and 26.4.6-4, as well as other sections, as it pertains to the owners of the properties located at 4930 Hampton Street and 5014 Hampton Street in the City of Vernon. Mr. Hilands addressed the City Council and expressed his concern for his client, which was identified in his letter of April 6, 1999. Mr. Hilands stressed, in his opinion, the impact of Zoning Ordinance, Sections 26.4.6-3 & 26.4.6-4. He asked that the City pursue acquiring the property or that the Ordinance be changed. Mr. Larry Iles, of DAUM Commercial Real Estate Services, also addressed the City Council and explained the current status regarding this issue. He also submitted a letter that he read directly to the City Council on this issue and parking and truck turning radi. Ms. Petullo, spoke regarding the changes that had been made and the notification process they had followed to make business residents aware of the changes to be made. Mayor asked if there was anyone else wishing to address the City Council. Mr. Wilson addressed the City Council and briefly summarized his report on this issue dated May 17, 1999 which was submitted to the Council. Mr. Hilands asked to address the Council again. He expressed his concern that people or property owners did not understand this whole process. He discussed how he felt that this issue was not explained clearly regardless of how much information was put out by the City. Page 5 of 10 City Council Minutes May 18, 1999 Mayor asked the City Attorney if he had any comments. Mr. Brearley reviewed the history of this issue and advised that the issue was reviewed closely for nine months with several different groups of property owners and their attorneys before it was finalized. Mr. Brearley stated that the City Council attempted to balance all of the competing interests when the Council exercised its discretion and approved the Zoning` Ordinance. He presented, to the City Council, his legal opinion dated May 18, 1999 respecting the City Council's exercise of police power. Mr. Hilands referred to comments and comparisons made by Mr. Brearley and stated that he felt they were not equitable. Again, he stated that his concern is the property owners and his clients. Mr. Iles addressed the same issue and the property owners situation due to this issue. It was moved by Gonzales, seconded by Davis, that the following communications and reports from City Staff be received and filed and made part of the public record: 1) Legal opinion of the City Attorney dated May 18, 1999, 2) Letter from Jim Hilands dated April 6, 1999, 3) Letter from Larry Iles dated May 18, 1999, and 4) Staff Report of Kevin Wilson, Director of Community Services & Water dated May 17, 1999. Motion carried. Mayor Malburg abstained from voting. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 12, 1999, was presented, transmitting the Minutes for the Finance Committee Meeting held May 11, 1999, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations listed on the May 11, 1999 Minutes of the Finance Committee meeting be approved. Motion carried. RESOLUTION NO. 7328 - A Resolution of the City Council of the City of Vernon Approving and Authorizing 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 1, 1999 to June 30, 2000, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7328 be approved and adopted. Motion carried. RESOLUTION NO. 7329 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property From the Following Departments: Community Services, City Administrator/City Clerk (Health/Finance), Utilities, Fire, and Police, Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7329 be approved and adopted. Motion carried. RESOLUTION NO. 7331 - A Resolution of the City Council of the City of Vernon Delegating Investment Authority to the City Treasurer, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7331 be approved and adopted. Motion carried. Page 6 of 10 City Council Minutes May 18, 1999 Communication from Bruce V. Malkenhorst, Director of Finance, dated May 12, 1999, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held May 17, 1999, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations listed on the May 17, 1999 Agenda for the Adjourned Finance Committee meeting be approved. Motion carried. The City Clerk advised that the following resolution should be deferred to the next City Council meeting. RESOLUTION NO. 7330 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting Services By and Between A.C.T. GIS, Inc. and the City of Vernon. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7330 be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 13, 1999, was presented, advising that the Department of Environmental Health has received an additional completed application for a Solid Waste Non -Exclusive Franchise Agreement from All Service Disposal. The department advises that the company has met all City document requirements; therefore, it is hereby recommended that a solid waste non-exclusive franchise agreement be granted to All Service Disposal. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7332 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of One Additional Non -Exclusive Solid Waste Franchise Agreement Pursuant to Article VI of Chapter 12 of the Vernon City Code By and Between the City of Vernon and All Service Disposal, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7332 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 12, 1999, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held May 17, 1999 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations listed on the May 17, 1999 Agenda for the Personnel Committee meeting be approved. Motion carried. WARRANT REGISTER NO. 1016 covering claims and demands presented during the period of April 30th thru May 13th, 1999, drawn on Wells Fargo Bank totaling $727,302.33 which includes demand Nos. 72089 thru 72362 (inclusive), excluding Utility demands and Void demands as listed below (accounting period May, 1999), was examined and audited. 72102 72158 72159 72160 72161 72210 72221 It was moved by Davis, seconded by McCormick, that Warrant Register No. 1016 be approved and payment authorized for claims and demands totaling $727,302.33, excluding Utility demands and Void demands as listed above. Motion carried. Page 7 of 10 City Council Minutes May 18, 1999 WARRANT REGISTER NO. 1016 covering claims and demands presented during the period of April 301h thru May 13, 1999, drawn on Wells Fargo Bank totaling $2,471,396.90, which includes Utility demand Nos. as listed below (accounting period May, 1999), was examined and audited. 72090 72119 72154 72212 72262 72329 72094 72120 72167 72222 72265 72341 72096 72126 72169 72239 72267 72343 72099 72134 72170 72242 72277 72352 72100 72136 72174 72244 72280 72354 72101 72137 72176 72246 72304 72358 72103 72141 72186 72251 72311 72105 72145 72198 72253 72319 72113 72146 72205 72255 72323 72117 72149 72206 72256 72325 72118 72152 72211 72261 72327 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1016 be approved and payment authorized for Utility claims and demands totaling $2,471,396.90. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. PAYROLL WARRANT REGISTER NO. 515 covering claims and demands presented during the period of March 14`h thru April 10`h, 1999, drawn on Wells Fargo Bank totaling $1,587,436.48 which includes demand Nos. 6194 thru 6230 (inclusive) (accounting period April, 1999), was examined and audited. It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 515 covering claims and demands presented during the period of March 14, 1999 thru April 10, 1999, drawn on Wells Fargo Bank totaling $1,587,436.48. Motion carried. The Mayor called a recess at 6:26 p.m. The Council reconvened in regular session at 6:29 p.m., all members present before the recess again being present. The City Clerk advised that there were no issues 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 McCormick, seconded by Gonzales, that Council go into Closed Session on Item Nos. 2 & 3, the time being 6:30 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, Chief Deputy City Clerk, and Assistant City Attorney. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. Page 8 of 10 City Council Minutes May 18, 1999 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 -ANTICIPATED LITIGATION (a) City of Vernon vs. Central Basin, etc., Zastrow, et al. LASC No. BC 130693; (b) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (c) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open access); (d) FERC Docket Nos. ER97-2355, EC96-19-00 ER96- 1633 and EL96-48 (Restructuring); (e) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (f) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; (g) FERC Docket No. ER98-3594 (ISO); (h) CPUC Application No. 98-07-005; (i) FERC Docket No. ER98-3760 (ISO); (j) Scott Shonts v. City of Vernon, WCAB No. MON 223599 (k) David Venegas, et al. V. City of Vernon, LASC No. BC 207136; (1) Joe Lawrence Rivera, et al. V. City of Vernon, USDC No. 99-02923 CM (Rz); 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIMS Claimant: VICENTA PLASCENCIA, MARIA AGUAYO AND MANUEL PLASCENCIA Agency claimed against: CITY OF VERNON It was moved by Gonzales, seconded by Davis, that the Council go out of Closed Session and resume Regular Session, the time being 6:45 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the filing of the Petition for Writ of Review in the matter of City of Vernon v. Atchison Topeka and Santa Fe Railway, CPUC Case No. 96-01-019, which was approved in Closed Session on May 4, 1999, is hereby placed on the public record. Motion carried. It was moved by Davis, seconded by Gonzales, to accept the order approving the Compromise and Release in the matter of Scott Shonts v. Vernon WCAB No. MON 223599. Motion carried. Page 9 of 10 City Council Minutes May 18, 1999 It was moved by McCormick, seconded by Davis, that the claims from Vicenta Plascencia, Maria Aguayo and Manuel Plascencia be approved and the Releases be accepted. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk A ` teoornfs C. Mal urg Page 10 of 10