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19941018 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING HELD OCTOBER 18, 1994 AT 5 P.M. IN THE CITY 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 City Council Meeting held October 4, 1994, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 12, 1994, was presented, advising that the below listed employees have qualified in the month of September 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 07/01/79 Charla Duncan, Secretary 11 Year The Mayor presented Charla Duncan with her award 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: 01/08/90 Michael Ogawa, Police Officer 2 Year 06/04/90 Scott Shonts, Police Officer 2 Year 08/17/87 Michael Busch, Fire Captain 3 Year 11/20/57 Eugene DeFrank, Survey Party Chief 3 Year 06/29/87 Michael Gillman, Police Sergeant 3 Year 02/01/70 James Smith, Battalion Chief 4 Year The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Police Department Activity Log for the period October 1 thru 15, 1994, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period October 1 thru 15, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period October 1 thru 15, 1994, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period October 1 thru 15, 1994, be received and filed. Motion carried. Health Department Report for the month of September, 1994, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of September, 1994 be received and filed. Motion carried. Risk Management Report for the month of September, 1994, was presented. ~ O. ~'\. ,'), ~ t.:9 ~, I I City Council Minutes page 2 October 18, 1994 It was moved by McCormick, seconded by Davis, that the Risk Management Report for the month of September, 1994 be received and filed. Motion carried. The City Clerk advised 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 anyone in the audience wished to address the Council on any matter listed on the Agenda other than with regard to any Public Hearing that may be listed. There was no one in the audience who wished to address the Council at this time. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Pan Metal Corporation for a Variance to allow the construction of a curb- cut for a driveway less than 75 feet from the point of tangency of the curb return on 48th Street, the time being 5:13 p.m. Motion carried. Kevin wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhor$t, City Clerk, dated October 13, 1994, was presented, advising that Pan Metal Corporation has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8(e), Access, for the building located at 4800 Alameda Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The company is proposing to construct a curbcut for a driveway less than 75 feet from the point of tangency of the curb return on 48th Street. The curb return is being enlarged as part of the development. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the following Conditions: a. Pan Metal Corporation shall expand the curb return on the southeast corner of Alameda and 48th Streets to have a radius of 50.0 feet. b. The curbcut for the driveway on 48th Street shall be no less than 63.0 feet from said expanded curb return. The Mayor asked if there were any questions from the Councilor if anyone in the audience had any questions or comments. Councilman Davis asked if there were any power poles that will be affected. Mr. Wilson stated that he believed there were two and also catch basin work will need to be done. Councilman Davis asked who was going to pay for the moving of the power poles. Mr. Wilson advised that the City will be picking up the cost for that. We took into consideration that the improve- ment that is being done is at our request. 5029 I I City Council Minutes page 3 Optober 18, 1994 The City Attorney asked what the cost was to move the power poles. Mr. Wilson said he thought approximately $40,000, but that includes two other poles that are a bit further down the street. Mr. Barry Siegel, developer and architect on this project, came before the Council on behalf of Pan Metal, and advised that he would answer any questions the Council might have concerning the project. questions. The Mayor asked if there were any more comments or There were no further questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing regarding the request from Pan Metals Corporation for a Variance, the time being 5:15 pi.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated October 13, 1994 and all supporting documents submitted during the Public Hearing be received and filed as evidence, and that the Variance be granted to Pan Metals Corporation contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6530 - A Resolution of the City Council of the City of Vernon Granting a Variance to Pan Metal Corporation from Section 26.4.2-8(e), Access, of the Comprehensive Zoning Ordinance for the Property Located at 4800 Alameda Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6530 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, to open the PUBLIC HEARING to consider a request from Champion International Corporation for a Variance to allow the tenant to utilize fifteen non-conforming truck loading spac~s at property located at 3100 44th Street, the time being 5:16 p.m. Motion carried. Kevin Wilson addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated October 13, 1994, was presented, advising that Champion International Corporation has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2- 8, Development Standards, for the building located at 3100 44th Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has fifteen non-conforming truck loading spaces. Ten spaces are 10 feet wide and 52.5 feet long, and five spaces are 10 feet wide and 54.5 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 Acting Director of Community Services, and it is hereby recommended that the Variance be granted contingent upon the following Conditions: 5028 I I City Council Minutes page 4 October 18, 1994 a. The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at 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 of Mr. Wilson or if anyone in the audience wished to add~ess the City Council. Mr. John Umberg, on behalf of Champion International, addressed the Council advising that they were opposing Condition nan that has been set upon the Variance. Mr. Umberg submitted a report to the Council at this time requesting the Variance Conditions be modified to allow the company to be able to have trucks extend on to the sidewalk. Amy Forbes, Attorney with Gibson, Dunn & Crutcher, addressed the Council on behalf of Champion International, and also submitted pictures that had been taken of various sites in the City showing where they were parked on the sidewalk. The City Clerk asked Mr. Wilson if he was aware of the fact that the company was not in agreement with the Condition. Mr. Wilson said that as of last week, he talked to a Ms. Ramirez in the attorney's office and she advised they were in agreement. Ms. Forbes agreed that was true but after further review, it was determined that this particulat Condition was too much to try and enforce. The concern was with incoming trucks and that they had no control of what type of truck or size of truck would be arriving at the site. Mr. Umberg added that when he was originally made aware of the 65 foot requirement he was in agreement with it; however, that was his error because he did not realize the street right-of-way included the sidewalk. The City Attorney advised that the department is to provide the City Council with their recommendation based on full staff review which Mr. Wilson has done. He stated that he didn't think there was anything further that could be done at this point but deny the request for a Variance if they couldn't abide by the Conditions. Ms. Forbes said if the only choice they have is to agree to this Condition or the Variance will be denied, then they would wish to accept this as it is. She is just afraid that there may be occasions when they will be in violation of the Condition and it is difficult to require trucks from other companies to comply with this. The City Clerk said that perhaps this matter should be referred back to the Acting Director of Community services for further discussion with Champion International. The City Attorney stated that he did not think we should proceed with holding this off or to hold off on this if, in fact, this company cannot guaranty they can meet this Condition. ~ 0 'l '"" ;) ~~ I I City Council Minutes page 5 October 18, 1994 Ms. Forbes said that she is aSking that the Council give more consideration to this matter before denying it outright. Mr. Wilson stated that there were some other alternatives that could be looked into but this was the least costly. It was moved by Davis, seconded by Ybarra, to continue the Public Hearing with regard to the request from Champion International Corporation for a Variance to the City Council Meeting to be held November 1, 1994, the time being 5:25 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the matter pertaining to the Variance request from Champion International and all communications and documents submitted during the Public Hearing be referred back to the Acting Director of Community Services for further review. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated October 3, 1994, was presented, requesting authority and funds for Environmental Specialist Dan Downing to attend the Mosquito and Vector Control Conference in Pomona, October 26-27, 1994, with an expense allowance of $122. It was moved by Gonzales, seconded by Davis, that authority be granted for Dan Downing to attend the aforementioned conference with an expense allowance of $122. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 12, 1994, was presented, requesting authority and funds for Gloria J. Orosco, Chief Deputy City Clerk, to attend the League of California cities City Clerks' New Law and Election Seminar in San Diego, November 3D-December 2, 1994, with an expense allowance of $611. It was moved by Ybarra, seconded by Davis, that authority be granted for Gloria J. Orosco to attend the afore- mentioned seminar with an expense allowance of $611. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 13, 1994, was presented, advising that a Computation Report is being compiled by Kenneth J. DeDario, Director of Light and Power, which will determine the Energy Cost Adjustment Billing Factor for the next three month period, and is to be submitted to the Council at this meeting. Based on the actual fuel expenses and revenues, and Southern California Edison Company's forecast for the next three months, it is hereby recommended that the new factor (to be announced) be adopted effective for all bills rendered from November 1, 1994 thru January, 1995. The City Clerk stated that the new factor was a negative $0.02294. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated October 13, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6531 - 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. 6531 be approved and adopted. Motion carried. 5026 I I City Council Minutes page 6 October 18, 1994 Communication from Bruce V. Malkenhorst, City Clerk, dated October 13, 1994, was presented, advising that as part of the Alameda Corridor Environmental Impact Report, staff has reviewed two alternatives concerning the placement of the railroad tracks. The tracks can either be put in a trench or left at grade with grade separations constructed where major arterials cross the corridor. staff feels that trench construction would be less expensive and would have the least impact on surrounding properties and traffic circulation, but would like an engineering firm to study the two alternatives. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that Dokken Engineering be retained to study the costs involved for the two proposed alternatives. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated October 13, 1994 be received and filed, and to approve retaining the services of Dokken Engineering. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated October 13, 1994, was presented, requesting authority and funds for Ali Nourmohamadian, Electrical Engineering Associate, to attend the Quarterly Electric utility Service Equipment Meeting in San Ramon, California, November 2-4, 1994, with an expense allowance of $526.54. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Ali Nourmohamadian to attend the afore- mentioned meeting with an expense allowance of $526.54. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 13, 1994, was presented, transmitting results as listed below of bids received and opened October 12, 1994 for Bid No. 1337 for one 1500 KVA Padmount Transformer: 1. Cooper Power Systems $13,605.94 2. ABB No Bid 3. Howard Industries No Bid 4. G.E. No Bid 5. Pauwels Transformers No Bid The bid was referred to the Director of Light and Power for review, and it is hereby recommended that the bid of Cooper Power Systems be rejected based on their not meeting the specifications of the bid. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated October 13, 1994, be received and filed, and that the bid of Cooper Power Systems be rejected. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 13, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held October 17, 1994, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations contained in the Agenda for the Personnel Committee Meeting held October 17, 1994, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 13, 1994, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee Meeting held October 12, 1994, for approval of the recommendations contained therein. 5ff25" I I City Council Minutes page 7 October 18, 1994 It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned Regular Finance Committee Meeting held October 12, 1994, be approved. Motion carried. WARRANT REGISTER NO. 900 covering claims and demands presented during the period of September 30 thru October 13, 1994, drawn on the First Interstate Bank totaling $359,498.90, which includes Demand Nos. 48772 thru 48981 (inclusive), excluding Light and Power Demands and Void Demands Nos. 48787, 48823, 48829 and 48832 thru 48834 (inclusive) (accounting period October, 1994) was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 900 be approved and payment authorized for claims and demands totaling $359,498.90 (excluding Light and Power Demands). Motion carried. WARRANT REGISTER NO. 900 covering claims and demands presented during the period of September 30 thru October 13, 1994, drawn on the First Interstate Bank totaling $2,058,033.42, which includes Light and Power Demand Nos. as listed below (accounting period October, 1994) was examined and audited: 48779 48780 48786 48795 48796 48797 48798 48799 48813 48819 48905 48909 48916 48922 48925 48933 48937 48943 48953 48959 48968 48969 48976 48980 48821 48822 48826 48838 48842 48846 48854 48865 48869 48872 48882 48883 48884 48902 48903 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 900 be approved and payment authorized for claims and demands totaling $2,058,033.42. 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. 460 covering claims and demands presented during the period of August 7 thru September 17, 1994, drawn on the First Interstate Bank totaling $2,223,334.10 which includes Demand Nos. 7667 thru 7714 (inclusive) (accounting period September, 1994) was examined and audited. It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 460 be approved and payment authorized for claims and demands totaling $2,223,334.10. Motion carried. Consideration of a Power Sales Agreement between California Department of Water Resources and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. David B. Brearley, City Attorney, advised the Council that the above matter should be deferred, and also that the following four matters should also be deferred; however, they should be adopted before November 1, 1994. Consideration of a Firm Wholesale Power Sale Agreement No. 2 between Salt River Project Agricultural Improvement and Power District and the city of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. Consideration of a Firm Transmission Service Agreement between Southern California Edison Company and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. 5624 I I City Council Minutes page 8 October 18, 1994 Consideration of a Power Sale Agreement between Southern California Edison Company and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. Consideration of a 1995 Power Sales Agreement between San Diego Gas & Electric Company and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. It was moved by Ybarra, seconded by Gonzales, to defer the aforementioned five matters to the next City Council Meeting. Motion carried. Consideration of the City Council's intent to set and hold a Public Hearing on November 1, 1994 in order to consider Federal Statute Efficiency Standards. David B. Brearley, City Attorney, addressed the Council and briefly summarized this matter. It was moved by Gonzales, seconded by Ybarra, to approve holding a Public Hearing on November 1, 1994 to consider Federal Statute Efficiency Standards. Motion carried. The Mayor called a recess at 5:51 p.m. The Council reconvened in regular session at 5:55 p.m., all members present before the recess again: being present. It was moved by Gonzales, seconded by Ybarra, that the Council go into Closed Session to confer on Item No. 3 listed below, the time being 5:55 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, City Attorney, Acting Director of Community Services, Chief Deputy City Clerk, Police Chief, Police Captain and Police Officer. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 3. with respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54957. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE The Police Officer was excused at 6 Pi.m. The Chief of Police and captain were excused at 6:02 p.m. At 6:03 p.m., the utilityrnan III appeared before the Council in Closed Session. The utilityrnan III was excused at 6:15 p.m. The Acting Director of community Services was excused at 6:21 p.m. It was moved by Gonzales, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:21 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, to approve discipline for two Police Officers based on the findings of the Accident Investigation Committee and as recommended by the Chief of Police and the City Clerk. Motion carried. 502~~ I I City Council Minutes page 9 October 18, 1994 It was moved by Gonzales, seconded by Davis, that the Council hereby determines, based on the information provided during Closed Session, that the utilityman III has abandoned his position with the City, and effective October 20, 1994 he is no longer considered to be in the employ of the City. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 6:25 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, city Attorney, and Chief Deputy City Clerk. 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 subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) Central Basin Municipal Water District v. city of Vernon, LASC No. BS 028717; (b) city of Vernon v. Central Basin Municipal Water District Board of Directors. et al., LASC No. BS 028742; (c) city of Vernon. et al. v. Board of Harbor Commissioners of the City of Long Beach et al., LASC No. BC 106713; (d) CPUC Docket No. A.91-03-039 (SoCaIGas); (e) Vernon v. Robert Ismael Marroche, Case No. 93 C00048 (S.E. Municipal); (F) city of Orange. et al v. City of Vernon (Alabama Treasury Advisory Program. et all; San Francisco Case No. 95698~ It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:28 p.m. Motion carried. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by McCormick, that the meeting adjourn to October 26, 1994 at 5 p.m. Motion carried. c~ I "~ ~;~d~' ~., / eonis C. Mal urg yor ATTEST: Bruce V. Malkenhorst City Clerk 5022 ORDER OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL HELD OCTOBER 18, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY COUNCIL (QUORUM PRESENT) TO WEDNESDAY, OCTOBER 26, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON. CALIFORNIA , 2 ~, ?J.~!rtl" ~ Br ce v. Malkenhorst City Clerk ,1 \ 'J By ", oria J. Or s Chief Deputy Clerk ~' AFFIDAVIT OF POSTING ORDER OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon, do hereby certify that I did, on the 19th day of October 1994, have posted: The above Order of Adjournment for the City Council Meeting held October 18, 1994. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. I OOA