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19960109 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 9, 1996 AT 5 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 Gonzales, seconded by Davis, that the Minutes of the City Council Meeting held December 19, 1995, be approved as submitted and adopted. Motion carried. The Mayor presented 35-Year Service Pins to Fire Captain Howard Stubbins and Battalion Chief Richard Wiles, and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their Service Pins were accepted by their respective department head: Rex Hill, Police Officer - 10 Years Steven Hartsfield, Utilityman - 10 Years The Mayor called a recess at 5:10 p.m. The Council reconvened at 5:11 p.m., all members present before the recess again being present. Police Department Activity Log for the period December 16 thru 31, 1995, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period December 16 thru 31, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period December 16 thru 31, 1995, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period December 16 thru 31, 1995, 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 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. There was no one who wished to address the Council at this time. The City Clerk advised that the following matter should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated December 11, 1995, transmitting the "City of Vernon Drug and Alcohol Testing Policy for Employees Subject to Department of Transportation Testing Regulations." The policy pertains to drug and alcohol testing for certain City employees. This has been reviewed by the City Attorney, and it is hereby recommended that said policy be approved. (Deferred from the City Council Meeting held December 19, 1995.) t't 1~11 I I City Council Minutes page 2 January 9, 1996 RESOLUTION NO. 6732 - A Resolution of the City Council of the City of Vernon Approving and Adopting a City of Vernon Drug & Alcohol Testing Policy for Employees Subject to Department of Transportation Testing Regulations. (Deferred from the City Council Meeting held December 19, 1995.) It was moved by Ybarra, seconded by Gonzales, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 4, 1996, was presented, advising that the matter of retaining the firm of Michael J. Wagner & Associates, Inc. for consulting services was approved in concept by the Finance Committee on December 12, 1995 pending the City Attorney's approval of an agreement. This has been reviewed by the City Attorney's office, and it is hereby recommended that the agreement submitted herewith be approved and executed and the following resolution be adopted. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated January 4, 1996, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6733 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Services Agreement By and Between the City of Vernon and Michael J. Wagner & Associates, Inc., was presented. (Deferred from the City Council Meeting held December 19, 1995.) It was moved by Ybarra, seconded by McCormick, that Resolution No. 6733 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Goldberg and Solovy Foods, Inc. for a Variance to allow the tenant to utilize five non-conforming truck loading spaces at 5925 Alcoa Avenue in the City of Vernon, the time being 5:14 p.m. Motion carried. . \ Kevin Wilson, Acting Director of Community Services, addressed the City Council and summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated January 4, 1996, was presented, advising that Goldberg and Solovy Foods, Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 5925 Alcoa Avenue, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report; 5. Comment received from the public dated 12/21/95; 6. Response to comment received dated 1/3/96. The building has five non-conforming truck loading spaces that are 10 feet wide and 40 feet long. The company is proposing to construct 18,371 additional square feet of building and provide four conforming truck loading spaces and four conforming truck parking spaces. The company proposes 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 subject to the following conditions: 53.11 I I City Council Minutes page 3 January 9, 1996 a. When the building is expanded, Goldberg and Solovy Foods, Inc. shall (1) construct the enclosed loading dock that will provide four conforming truck loading spaces, and (2) provide four conforming truck parking spaces, both with 40 feet of unobstructed maneuvering area. b. The usage of the five non-conforming truck loading spaces shall be limited to trucks less than 40 feet in length. c. All vehicles, including trucks, using the parking and/or loading facilities shall enter and leave the public street in a front forward manner without backing or maneuvering on the public right-of-way. d. All existing and future tenants shall be notified of these restrictions and a condition stating the same shall be placed in all future leases. Wilson. The Mayor asked if there were any questions of Mr. There were no questions for Mr. Wilson. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the request from Goldberg and Solovy Foods for a Variance, the time being 5:16 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated January 4, 1996 and all supporting documents be received and filed, and that the Variance be granted to Goldberg and Solovy Foods contingent upon their adherence to the aforementioned Conditions "a" thru "d". Motion carried. RESOLUTION NO. 6734 - A Resolution of the City Council of the City of Vernon Granting a Variance to Goldberg and Solovy Foods, Inc. From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Properties Located at 5925 Alcoa Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6734 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, to open the PUBLIC HEARING to consider a request from Pacific Combining Corporation, located at 3055 Fruitland Avenue in the City of Vernon, for a Variance to allow the tenant to construct outdoor production equipment that will eliminate parking spaces, and allow the tenant to provide the required parking on a separate parcel without executing a parking covenant for the parcel at property, the time being 5:19 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, ;:; addressed the City Council and summarized this matter for them. Communication from Bruce V. Malkenhorst, City Clerk, dated January 4, 1996, was presented, advising that Pacific Combining Corporation has requested a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8(b), for the building located at 3055 Fruitland Avenue, and transmitting.the following evidence: . , 1370 1 1 I I City Council Minutes Page 4 January 9, 1996 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The site is currently fully developed, and the company is proposing to construct outdoor production equipment which will cause the elimination of seven automobile parking spaces. They have leased a portion of the parcel at 3027 Fruitland Avenue to provide the required parking. The parcel is within 1,000 feet of the building, but the company cannot execute a covenant restricting the use of the parcel. The minimum number of parking spaces to be provided is 19; the parcel is paved and striped to provide adequate parking spaces. The company has agreed to provide 19 automobile spaces at an alternate site or demolish the subject additions and provide the required automobile parking on site if it loses its lease at the 3027 Fruitland Avenue parcel. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted subject to the following Conditions: a. Pacific Combining Corporation shall maintain the current required parking at 3055 Fruitland Avenue and 3027 Fruitland Avenue. b. If Pacific Combining Corporation loses its lease for the parcel located at 3027 Fruitland Avenue, then the current required parking spaces shall be provided at 3055 Fruitland Avenue and within 1000 feet thereof, or the subject addition shall be demolished. Wilson. The Mayor asked if there were any questions of Mr. There were no questions. l t It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated January 4, 1996 and all supporting documents be received and filed, and that the Variance be granted to Pacific Combining Corporation contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6735 - A Resolution of the City Council of the City of Vernon Granting a Variance to Pacific Combining Corporation From Section 26.4.2-8(b), of the Compre- hensive Zoning Ordinance, for the Property Located at 3055 Fruitland Avenue in the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6735 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated December 6, 1995, was presented, requesting authority and funds for Police Officer Ronald McQuire to attend the Field Training Officer Course at the Orange County Sheriff's Department, January 29- February 2, 1996, with an expense allowance of $216 of which $144 will be reimbursed by POST. .~ It was moved by Ybarra, seconded by Gonzales, that authority be granted for Officer Ronald McQuire to attend the aforementioned course with an expense allowance of $216. Motion carried. anag I I City Council Minutes page 5 January 9, 1996 Communication from Fire Chief Dave Telford, dated December 19, 1995, was presented, requesting authority and funds for the below listed Fire Department personnel to attend the Haz Mat Technical Course Module lC in Torrance, January 29-February 2, 1996, with an allowance of $375 each for the registration fee: Fire Engineer Todd Schoenig Firefighter Jeffrey James Firefighter Stephen Keller It was moved by Davis, seconded by McCormick, that authority be granted for the above listed Fire Department personnel to attend the aforementioned course with an allowance of $375 each for the registration fee. Motion carried. Communication from Fire Chief Dave Telford, dated December 19, 1995, was presented, requesting authority and funds for the below listed Fire Department personnel to attend the Haz Mat Technical Course Module ID in Torrance, February 5-9, 1996, with an allowance of $375 each for the registration fee: Fire Engineer Todd Schoenig Firefighter Jeffrey James Firefighter Stephen Keller It was moved by Ybarra, seconded by Gonzales, that authority be granted for the above listed Fire Department personnel to attend the aforementioned course with an allowance of $375 each for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 27, 1995, was presented, requesting authority and funds for Councilmen William McCormick and William Davis to attend the Independent Cities Association 8th Annual Winter Seminar in Santa Barbara, February 16-18, 1996, with an expense allowance of $853 each. '.. authority attend the $853 each. It was moved by Ybarra, seconded by Gonzales, that be granted for the above listed City officials to aforementioned seminar with an expense allowance of Motion carried. Communication from Police Chief Louis Rosenkrantz, dated December 27, 1995, was presented, requesting authority and funds for Dispatchers Ana Bedoy and Jacqueline Warsaw to attend the Dispatcher Update Course in El Segundo on January 31, 1996 with an expense allowance of $24.90 each (of which $18.40 each will be reimbursed by POST) . It was moved by McCormick, seconded by Davis, that authority be granted for Ana Bedoy and Jacqueline Warsaw to attend the aforementioned course with an expense allowance of $24.90 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 28, 1995, was presented, requesting authority and funds for himself, Mayor Leonis Malburg, and Councilmen William Davis, Hilario Gonzales, and William McCormick to attend the League of California Cities Employee Relations Institute in Newport Beach, February 29-March 1, 1996, with an expense allowance of $640 each. authority attend the $640 each. It was moved by Ybarra, seconded by Davis, that be granted for the above listed City officials to aforementioned conference with an expense allowance Motion carried. of " 5.3,sl '.,j .-'. I I City Council Minutes page 6 January 9, 1996 Communication from Police Chief Louis Rosenkrantz, dated December 28, 1995, was presented, requesting authority and funds to attend the California Association of Polygraph Examiners Seminar in San Diego, February 2-3, 1996, with an expense allowance of $242.35. It was moved by McCormick, seconded by Gonzales, that authority be granted for the Police Chief to attend the afore- mentioned seminar with an expense allowance of $242.35. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated January 3, 1996, was presented, requesting authority and funds for Ali Nourmohamadian, Electrical Engineering Associate, to attend the Electric Utility Service Equipment Requirement Committee Meeting in Las Vegas, Nevada, February 7-9, 1996, with an expense allowance of $424. It was moved by Ybarra, seconded by Davis, that authority be granted for Ali Nourmohamadian to attend the afore- mentioned meeting with an expense allowance of $424. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated January 4, 1996, was presented, advising that the bids received and opened December 13, 1995, according to Contract No. 527, Rehabilitation of Reservoir 2-1 are as follows: Matrix Service, Inc. Spiess Construction Robison Prezioso $219,907.00 $250,640.00 $302,393.00 On November 29, 1995, during the job walk with prospective bidders, it was pointed out that there was no vectaulic coupling on the inlet pipe to Reservoir 2-1. Item 2a in the Bid Form Proposal calls for repair and/or replacement of coupling gasket and flange/groove pipes for inlet. It was verbally noted to the contractors that bid item 2a did not apply. There was no addendum written to omit this bid item. All three bidders attended the job walk. Two of the three bidders submitted a cost for bid item 2a, but the low bidder did not. With item 2a subtracted from the total of the other two bids, the low bidder's total bid remained substantially lower. Matrix Service, Inc. Spiess Construction Robison-Prezioso $219,907.00 $249,940.00 $298,443.00 Paragraph B, Information for Bidders on page B-1 of Contract No. 527, contains a proviso in paragraph 2(b) which states, "The City Council of the City reserves the right to reject any and all bids, and to waive any and all irregularities in any bids." Subparagraph 8 on Award or Rejection of Bids (page B-3) states, "The City, however, reserves the right to reject any and all bids or to waive any informality in bids received." The bids have been reviewed and it is recommended that this contract be awarded to Matrix Service, Inc. on the basis of their bid of $219,907.00. It is also recommended that the City Council waive any irregularity and/or informality as to item 2a in the bids received. The City Clerk advised that David B. Brearley, City Attorney, submitted a communication this date giving his legal opinion on this issue. 5361 I I City Council Minutes page 7 January 9, 1996 It was moved by Gonzales, seconded by Ybarra, that the communication from the Acting Director of Community Services dated January 4, 1996 be received and filed, the bid be awarded to Matrix Service Inc., and that the City Council hereby waives any irregularity and/or informality as to item 2a in the bids received. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Legal Opinion from the City Attorney dated January 8, 1996 be received and filed. Motion carried. RESOLUTION NO. 6736 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Matrix Service, Inc. for Rehabilitation of Reservoir 2-1 in Accordance with Contract No. 527 of the City of Vernon, Waiving Any Informality in Formal Contract Procedure, and Approving the Execution of Said Contract, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6736 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 3, 1996, was presented, advising that the Acting Director of Community Services has submitted to this office an Inspection Services Proposal from Twining & Associates, Inc. for their provision of quality control inspection of welding, interior recoating, and exterior repainting of Water Storage Reservoir 2-1 at a cost of approximately $47,500. Reservoir 2-1 is being rehabilitated under Contract No. 527. Twining and Associates will be responsible for the City being in compliance with specifications and requirements of the State Health Department in use of potable water. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that the Contract with Twining and Associates be approved and executed. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated January 3, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6737 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Inspection Services Contract with Twining and Associates, Inc. to Provide Quality Control Inspection of the Welding and of the Interior/Exterior Coating of Reservoir 2-1 in Conjunction with Contract No. 527, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6737 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 4, 1996, was presented, advising that the agreement with Rollins Chempak Inc. for hazardous waste disposal services has expired, and the City wishes to renew the agreement in order that hazardous material/waste may be properly disposed of. The rate schedule is unchanged and will remain in effect through December 1996. This has been reviewed by the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated January 4, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6738 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Environmental Services Agreement By and Between the City of Vernon and Rollins Chempak Inc., was presented. ~_.~ J , ,~ ~~Ia I I City Council Minutes page 8 January 9, 1996 It was moved by Davis, seconded by McCormick, that Resolution No. 6738 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 4, 1996, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held January 8, 1996, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations contained in the Agenda for the Personnel Committee Meeting held January 8, 1996, be approved. Motion carried. WARRANT REGISTER NO. 929 covering claims and demands presented during the period of December 15, 1995 thru January 4, 1996, drawn on the First Interstate Bank totaling $651,816.61, which includes Demand Nos. 54891 thru 55095 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period January, 1996) was examined and audited: 54909 54914 54940 54941 54942 54943 54944 54945 54946 55001 55002 It was moved by Davis, seconded by McCormick, that Warrant Register No. 929 be approved and payment authorized for claims and demands totaling $651,816.61, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 929 covering claims and demands presented during the period of December 15, 1995 thru January 4, 1996, drawn on the First Interstate Bank totaling $541,002.54, which includes Light and Power Demand Nos. as listed below (accounting period January, 1996) was examined and audited: 54896 54906 54947 54974 55005 55029 55066 55083 54899 54910 54950 54977 55006 55039 55067 55090 54902 54927 54955 54986 55009 55050 55068 55092 54903 54932 54958 54989 55010 55055 55073 55095 54904 54933 54967 54995 55012 55060 55077 54905 54939 54971 55003 55026 55064 55079 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 929 be approved and payment authorized for claims and demands totaling $541,002.54. 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. The Mayor called a recess at 5:40 p.m. The Council reconvened at 5:44 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Items No. 1 and 2 listed below, the time being 5:44 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, and the 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 Government Code Section 54957. ~aAj I I City Council Minutes page 9 January 9, 1996 a. EMPLOYEE DISCIPLINE/DISMISSAL RELEASE 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 12114; (b) City of Vernon vs. Central Basin, etc., Zastrow, et al., LASC No. BC 130693; (c) City of South Gate, et al. vs. City of Los Anqeles, et al., LASC No. BC 129447; (d) The Atchison, Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; (e) CPUC Docket No. A.93-09-006 (SoCalGas) (BCAP) ; (f) CPUC Docket No. A.91-03-039 (SoCalGas) (BCAP) ; (g) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723 and 2 CIV B077228; (h) Vernon v. SoCalGas, USDC No. CV-92-03435 SVW (Ctx); USCA No. 94-56174 I . , The Mayor was excused from the Closed Session at 5:53 p.m. and Mayor Pro Tern Ybarra assumed the Chair. The Mayor returned to the Closed Session at 6:03 p.m. and resumed the Chair. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:05 p.m. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. ATTEST: ~ ~~~~ Bruce V. Malkenhorst City Clerk .5314 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 JANUARY 2, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY THE CITY CLERK (DUE TO LACK OF QUORUM) TO TUESDAY, JANUARY 9, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. loria J., rosco Chief Dep~ty City 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 2nd day of January, 1996 have posted: The above Notice of Adjournment for the City Council Meeting to be held January 2, 1996. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was to be held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Dated: ~i,/~~0 Gl ria J. Orosc Chief Deputy Ci y Clerk NOA1