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19950711 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 11, 1995 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, 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 City Council Meeting held June 20, 1995, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the minutes of the Adjourned City Council Meeting held June 27, 1995, be approved as submitted and adopted. Motion carried. At this time, the Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council: Jorge Somoano, Resource Planning Manager - 10 Years Wenceslao Reynoso, Engineering Aide II - 10 Years Jaime DeLaRosa, Utilityman III - 10 Years Christopher Romero, Administrative Aide II - 5 Years Debra Nickens, Account Clerk - 5 Years Ali Nourmohamadian, Electrical Engr. Assoc. - 5 Years Kenneth DeDario, Director of Light and Power - 5 Years The following employees were unable to attend the meeting and their Service Pins were accepted by their respective department heads: Michael Chavez, Police Sergeant - 10 years Martin Sanchez, Diesel Operator IV - 10 Years Benjamin Potter, Civilian Traffic Officer - 5 Years The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:14 p.m., all members present before the recess again being present. Communication from Bruce V. Malkenhorst, City Clerk, dated July 11, 1995, was presented, advising that the below listed employees have qualified in the month of June 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 Award Employee Richard Lucas, Sr. Building Inspector Christopher Romero, Administrative Aide Robert Martinez, Utilityman III C. Brian Montoya, Meter Reader Hector Vasquez, Utilityman IV Juan Arellano, Utilityman III Gary Sawyer, Utilityman II Joe Cervantes, Utilityman II Victor Trujillo, Utilityman III Richard Wiles, Battalion Chief Fernando Weathers, Utilityman I Samuel Kevin Wilson, Acting Director of Community Services 04/04/82 06/11/90 03/16/86 03/16/92 06/14/92 08/30/87 04/01/84 02/21/82 12/20/87 12/16/60 05/12/80 06/27/82 2 Year 2 Year 3 Year 3 Year 3 Year 5 Year 5 Year 6 Year 7 Year 8 Year 12 Year 13 Year 5247 I I City Council Minutes page 2 July 11, 1995 The Mayor presented the aforementioned employees with their awards 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: 03/09/92 05/16/88 04/27/88 08/17/87 09/03/85 03/26/84 02/01/70 06/26/89 Matt Brown, Police Officer David Moore, Fire Engineer Solomon Benudiz, Police Lieutenant Michael Wilson, Fire Captain David Zapien, Police Officer Theresa Nicholas, Asst. Records Mgr. Dan Simon, Fire Captain Mark Whitworth, Fire Captain The Mayor called a recess at 5:19 p.m. The Council reconvened in regular session at 5:21 p.m., all members present before the recess again being present. 2 Year 2 Year 4 Year 4 Year 4 Year 5 Year 5 Year 6 Year The City Clerk announced 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 there was anyone in the audience who wished to address the Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. There was no one in the audience who wished to address the Council at this time. Police Department Activity Log for the period June 16 thru 30, 1995, was presented. It was moved by Gonzales, seconded by Ybarra, that the Police Department Activity Log for the period June 16 thru 30, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period June 16 thru 30, 1995, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period June 16 thru 20, 1995, be received and filed. Motion carried. At this time, Kevin Wilson, Acting Director of Community Services, advised the Council that the following matter should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated June 22, 1995, advising that at the Council Meeting of June 20, 1995, the matter of the application from North American Land and Leasing Corporation for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 3620 Santa Fe Avenue was deferred to this meeting. Upon further review by the Acting Director of Community Services, it is hereby recommended that the request for a vari- ance be denied as the company is unable to meet the conditions pertaining to truck loading and maneuvering requirements. (Deferred from the City Council Meeting held June 27, 1995.) 5246 I I City Council Minutes page 3 July 11, 1995 RESOLUTION NO. 6644 - A Resolution of the City Council of the City of Vernon Denying a Variance to North American Land and Leasing Corporation from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 3620 Santa Fe Avenue in the City of Vernon. (Deferred from the City Council Meeting held June 27, 1995.) It was moved by Gonzales, seconded by Davis, that the aforementioned matter pertaining to the Variance request from North American Land and Leasing Corporation be deferred to the next City Council Meeting. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC BEARING to consider an application from Pacific West Paper Company for a Variance to allow the tenant to utilize four non-conforming truck loading spaces at 4803 Everett Avenue, Vernon, the time being 5:24 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated July 7, 1995, was presented, advising that Pacific West Paper Company has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4803 Everett Avenue, and transmitting the following documents: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report The building has one conforming truck loading space and four non- conforming spaces that are 8 feet wide and 24 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming truck loading spaces. It is hereby recommended that the Variance be granted subject to the following condition: 1. 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. The Mayor asked if there were any questions of Mr. Wilson. There were no questions. It was moved by Davis, seconded by McCormick, to close the Public Hearing regarding the Variance request from Pacific West Paper Company, the time being 5:25 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated July 7, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to Pacific West Paper Company contingent upon their adherence to the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6527 - A Resolution of the City Council of the City of Vernon Granting a Variance to Pacific West Paper Company from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4803 Everett Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6527 be approved and adopted. Motion carried. 5245 I I City Council Minutes page 4 July 11, 1995 Communication from Bruce V. Malkenhorst, City Clerk, dated July 5, 1995, was presented, advising that Daniel C. Fessenden DBA California Warehouse Company has previously submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4455 Fruitland Avenue, and transmitting the most recent documentation: 1. Engineer's Report dated June 28, 1995; 2. City correspondence with California Warehouse Company. A Public Hearing on this request was originally held on November 15, 1994, was continued several times, and then closed for public comments on February 21, 1995 and the issue was referred back to the Community Services Department for further review. Staff has continued to work with the company in an attempt to resolve the issues surrounding the non-conforming truck loading spaces; however, the company has failed to comply with providing the City with a time schedule for bringing the truck loading spaces into compliance (as so stated in their March 17, 1995 letter), and it is hereby recommended that the request for a Variance from Section 26.4.2-8 of the Comprehensive Zoning Ordinance be denied. The Mayor asked Mr. Wilson where this company was located. Mr. Wilson replied, at Fruitland and Lorna Vista Avenues. Mr. Wilson briefly commented on this for the Council to refresh their memory on this issue. He also advised that staff of the Community Services Department has made every effort to meet and assist the company, but have not been able to come to any terms. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated July 5, 1995 and all supporting documents be received and filed as evidence, and that the Variance be denied. Motion carried. RESOLUTION NO. 6547 - A Resolution of the City Council of the City of Vernon Denying a Variance to Daniel C. Fessenden DBA California Warehouse Company, From Section 26.4.2- 8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4455 Fruitland Avenue in the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6547 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 14, 1995, was presented, requesting authority and funds for Christopher Romero, Administrative Aide, to attend the Municipal Management Assistants of Southern California Annual Conference in Dana Point, August 10-11, 1995, with an expense allowance of $298. It was moved by Ybarra, seconded by Davis, that authority be granted for Christopher Romero to attend the afore- mentioned conference with an expense allowance of $298. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated June 20, 1995, was presented, requesting authority and funds for Andrew Thompson, utilityman III, to attend four Hazwoper Classes (which is related to hazardous materials storage, inventory, and disposal) in Bellflower on two Fridays and two Saturdays (dates to be determined), with an expense allowance of $709. 5244 I I City Council Minutes page 5 July 11, 1995 It was moved by Gonzales, seconded by Davis, that authority be granted for Andrew Thompson to attend the afore- mentioned classes with an expense allowance of $709. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 5, 1995, 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 will be submitted to the Council at today's 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 of negative $0.02690 per kilowatt hour be adopted to be effective for all bills rendered from August 1, 1995. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 5, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6655 - 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 Gonzales, that Resolution No. 6655 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 5, 1995, was presented, transmitting the Third Side- Letter Agreement by and between the Municipal Employee Relations Representative (MERR) of the City of Vernon and the Vernon Police Officers' Benefit Association (VPOBA) (Employee Group 2) which sets forth certain terms and conditions for employment of police officers (Employee Group 2) by the City. The agreement has been reviewed by the City Attorney, and it is hereby recommended it be approved and executed. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated July 5, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6656 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Third Side-Letter Agreement By and Between the Municipal Employee Relations Representative ("MERR") of the City of Vernon and the Vernon Police Officers' Benefit Association ("VPOBA") (Employee Group 2), was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6656 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 6, 1995, was presented, transmitting a Natural Gas Sales Agreement with Associated Gas Services, Inc. providing for the purchase of gas for the turbines from August 1, 1995 through July 31, 1996. The agreement has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated July 6, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6528 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Natural Gas Sales Agreement By and Between the City of Vernon and Associated Gas Services, Inc, was presented. 5243 City Council Minutes page 6 July 11, 1995 It was moved by McCormick, seconded by Gonzales, that Resolution No. 6528 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 6, 1995, was presented, transmitting results of bids received and opened June 19, 1995 in accordance with Bid No. 1345 for one 1000 kVA padmount Transformer. Listed below are the bid results based on the lowest annual ownership costs determined by the lowest annual operating cost: Purchase Cost Vendor Annual Cost without tax I 1. A.B.B. 3,896.09 14,368 2. Howard Industries 3,713.87 15,838 3. Cooper 3,718.53 13,969 4. G.E. 3,778.21 17,253 5. Pauwels 3,678.19 13,898 I Said bids have been reviewed by the Director of Light and Power, and it is hereby recommended that Bid No. 1345 be accepted and awarded to Pauwels for the purchase of one 1000 kVA padmount Transformer in the amount of $13,898. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 6, 1995 be received and filed, and that Bid No. 1345 be accepted and awarded to Pauwels for the purchase of one. 1000 kVA padmount Transformer in the amount of $13,898. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 6, 1995, was presented, tra~smitting an Auction Service Agreement with The Nationwide Company which provides auctioneering services for the City involving sales of surplus property such as miscellaneous equipment, heavy equipment, and vehicles. The agreement has been reviewed by the City Attorney, and it is hereby recommended that said agreement be approved and executed. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated July 6, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6658 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Auction Service Agreement By and Between the City of Vernon and The Nationwide Company, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6658 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 6, 1995, was presented, transmitting an Equipment Maintenance Agreement with California Sales Connection, Inc., providing for service and maintenance of the City telephone equipment. For the past four months the company has been honoring (with no monthly fee) the service agreement originally issued to A.L. Communications who declared bankruptcy. The yearly cost for providing services is $8,376 and is based on the same rate as last year's agreement with A.L. Communications. This has been reviewed by the City Attorney, and it is hereby recommended that the agreement be approved and executed to be effective July 1, 1995 through June 30, 1996. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated July 6, 1995 be received and filed, and that his recommendation be approved. Motion carried. 5212 I I city Council Minutes page 7 July 11, 1995 RESOLUTION NO. 6657 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Maintenance and Service Agreement (EMAD1016) By and Between the City of Vernon and California Sales Connection, Inc, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6657 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 6, 1995, was presented, advising that the City of Vernon is eligible to receive up to $500,000 in State Economic Development funds for business attraction and/or retention activities that create or retain sector jobs. The application process is quite cumbersome and staff of the Department of Community Services has recommended that Cotton/Beland/Associates, Inc. be retained to develop the necessary programs and prepare the required applications. Vernon is also eligible to receive a planning and technical assistance grant of up to $35,000 to study the feasibility of a proposed economic development project. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that a consulting agreement with Cotton/Beland/Associates, Inc., at an estimated cost of $5,000, be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated July 6, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6659 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Agreement By and Between the City of Vernon and Cotton/Beland/Associates, Inc. to Provide Technical Assistance in Developing and Preparing an Economic Development Application, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6659 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 6, 1995, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held July 10, 1995, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations contained on the Agenda for the Adjourned Regular Personnel Committee Meeting held July 10, 1995 be approved. Motion carried. WARRANT REGISTER NO. 917 covering claims and demands presented during the period of June 16 thru July 6, 1995, drawn on the First Interstate Bank totaling $575,203.91, which includes Demand Nos. 52357 thru 52579, (inclusive), excluding Light and Power Demands and Void Demand Nos. 52371, 52392, 52409, and 52428 thru 52433 (inclusive) (accounting period June, paid in July, 1995), was examined and audited. It was moved by Davis, seconded by McCormick, that Warrant Register No. 917 be approved and payment authorized for claims and demands totaling $575,203.91, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 917 covering claims and demands presented during the period of June 16 thru July 6, 1995, drawn on the First Interstate Bank totaling $2,677,775.95, which includes Light and Power Demand Nos. as listed below (accounting period June, paid in July, 1995), was examined and audited: 52360 52361 52395 52396 52415 52416 52450 52464 52495 52512 52536 52538 52571 52574 52438 52442 5241 I I City Council Minutes page 8 July 11, 1995 52368 52369 52370 52372 52401 52402 52407 52414 52520 52521 52532 52534 52551 52552 52566 52567 52417 52419 52420 52422 52443 52446 52448 52449 52470 52472 52479 52483 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 917 be approved and payment authorized for claims and demands in the amount of $2,677,775.95. 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 5:46 p.m. The Council reconvened in regular session at 5:48 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 discuss Item Nos. 2, 3, and 4, the time being 5:48 p.m. Motion carried. All persons were excluded from the 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. 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; (b) City of Vernon vs. Central Basin, etc., Zastrow, et al., LASC No. BC 130693; (c) Romo v. Vernon, et ale LAMC No. 94 C01494; (d) City of South Gate, et al. vs. City of Los Angeles, et al., LASC No. BC 129447; (e) CPUC Docket No. A.93-09-006 (BCAP); (f) CPUC Docket No. A.91-03-039 (SoCalGas); 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Jerry Dwayne Luther Agency claimed against: City of Vernon Claimant: James Edwin Haskett Agency claimed against: City of Vernon Claimant: Airstream Transportation, Inc. Agency claimed against: City of Vernon 5240 I I City Council Minutes page 9 July 11, 1995 4. 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: One (1) potential case. Mayor Malburg was excused from the Closed Session at 5:55 p.m. and Mayor Pro Tern Ybarra assumed the Chair. The Mayor returned to the Closed Session at 5:59 p.m. and resumed the Chair. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 5:59 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, to deny the liability claim of Jerry Dwayne Luther. Motion carried. It was moved by McCormick, seconded by Gonzales, to deny the liability claims of James Edwin Haskett. Motion carried. It was moved by Ybarra, seconded by Davis, to deny the liability claim of Airstream Transportation, Inc. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 6, 1995, was presented during Closed Session, advising that in accordance with previous City Council Approval, litigation in the matter of City of Vernon vs. Central Basin, etc., Zastrow, et al., LASC No. BC 130693, was filed in Superior Court of the County of Los Angles on June 29, 1995. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated July 6, 1995, be received and filed. Motion carried. Mayor Malburg abstained from voting on this matter. There being no further business to come before the Committee at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ATTEST: /~j/~/~~ Bruce V. Malkenhorst City Clerk 5239 I I NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON TO BE HELD JULY 4, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED (DUE TO HOLIDAY) TO TUESDAY, JULY 11, 1995 AT 5 P.M. By Clerk AFFIDAVIT OF POSTING NOTICE 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 5th day of July 1995, have posted: The above Notice of Adjournment for the City Council Meeting to be held July 4, 1995. 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. Dated: 1/~14j/ ~k.(JM A) C)/. {)1IJ)~u- Glp,r ia J. oros1.o Chief Deputy C1ty Clerk NOA1