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19960206 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 6, 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, Gonzales, McCormick, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held January 9, 1996, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Adjourned Regular City Council Meeting held January 23, 1996, be approved as submitted and adopted. Motion carried. Mayor Malburg presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council: Patricia Salerno, Secretary to the Director of Community Services - 15 Years Jesus Martinez, Water/Power Dispatcher - 10 Years Christopher Hanson, Firefighter - 5 Years Jason Haugen, Firefighter - 5 Years Bradley Mack, Firefighter - 5 Years Anthony Rotell, Firefighter - 5 Years Jeffrey Smith, Firefighter - 5 Years Victor Vasquez, Meter Reader - 5 Years Anthony Serrano, Customer Service Rep. - 5 Years The following employees were unable to attend the meeting and their Service Pins were accepted by their respective department head: Jeffrey James, Firefighter - 5 Years Stephen Keller, Firefighter - 5 Years Todd Schoenig, Fire Engineer - 5 Years Robert Osborne, Police Officer - 5 Years At this time, a gift was presented to Mayor Leonis C. Malburg in recognition of his 40 Years of Service to the City of Vernon. The Mayor called a recess at 5:17 p.m. The Council reconvened in regular session at 5:21 p.m., all members present before the recess again being present. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February I, 1996, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held February 5, 1996, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Ybarra, to approve the recommendations contained in the Agenda for the Personnel Committee Meeting held February 5, 1996. Motion carried. 5396 I I City Council Minutes page 2 February 6, 1996 RESOLUTION NO. 6748 - A Resolution of the City Council of the City of Vernon Commending Ray F. Shelton for His Many Years of Service to the City of Vernon, was read by title by the City Clerk. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6748 be approved and adopted. Motion carried. Mayor Malburg presented Resolution No. 6748 to Mr. Shelton and extended congratulations on behalf of the City Council. RESOLUTION NO. 6749 - A Resolution of the City Council of the City of Vernon Commending John M. Bicknell for His Many Years of Service to the City of Vernon, was read by title by the City Clerk. It was moved by Ybarra, seconded by Davis, that Resolution No. 6749 be approved and adopted. Motion carried. Mayor Malburg presented Resolution No. 6749 to Mr. Bicknell and extended congratulations on behalf of the City Council. RESOLUTION NO. 6750 - A Resolution of the City Council of the City of Vernon Commending Robert Beaudette for His Many Years of Service to the City of Vernon, was read by title by the City Clerk. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6750 be approved and adopted. Motion carried. Mayor Malburg presented Resolution No. 6750 to Mr. Beaudette and extended congratulations on behalf of the City Council. RESOLUTION NO. 6752 - A Resolution of the City Council of the City of Vernon Commending Larry Burdett for His Many Years of Service to the City of Vernon, was read by title by the City Clerk. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6752 be approved and adopted. Motion carried. Mayor Malburg presented Resolution No. 6752 to Mr. Burdett and extended congratulations on behalf of the City Council. Communication from Bruce V. Malkenhorst, City Clerk, dated January 31, 1996, was presented, advising that the Light and Power Department has selected Daniel E. Garcia, Power Resource Coordinator, to receive the SPIRITS 1995 ANNUAL DEPARTMENT AWARD (Level II). Mayor Malburg presented the 1995 Annual Department SPIRITS Award (Level II) to Mr. Garcia and extended congratulations on behalf of the City Council. Communication from Bruce V. Malkenhorst, City Clerk, dated February 1, 1996, was presented, advising that the Community Services Department has selected Tom Kennedy, Engineering Aide, to receive the SPIRITS 1995 ANNUAL DEPARTMENT AWARD (Level II). Mayor Malburg presented the 1995 Annual Department SPIRITS Award (Level II) to Mr. Kennedy and extended congratulations on behalf of the City Council. 5395 I I City Council Minutes page 3 February 6, 1996 Communication from Bruce V. Malkenhorst, City Clerk, dated February 1, 1996, was presented, advising that the Police Department has selected Sergeant James Wohlt to receive the SPIRITS 1995 ANNUAL DEPARTMENT AWARD (Level II). Mayor Malburg presented the 1995 Annual Department SPIRITS Award (Level II) to Sgt. Wohlt and extended congratulations on behalf of the City Council. The Mayor called a recess at 5:29 p.m. The Council reconvened at 5:32 p.m., all members present before the recess again being present. Police Department Activity Log for the period January 16 thru 31, 1996, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period January 16 thru 31, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period January 16 thru 31, 1996, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period January 16 thru 31, 1996, 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 City Council. There was no one present who wished to address the City Council at this time. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Vecta Transportation Systems, Inc. for a Conditional Use Permit to allow the applicant to operate a truck terminal at 2860 Alameda Street in the City of Vernon, the time being 5:33 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services, dated February 1, 1996, was presented, advising that Vecta Transportation Systems, Inc. has applied for a Conditional Use Permit to operate a truck terminal at 2860 Alameda Street, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing. ;.. '. .. J 5394 I I City Council Minutes page 4 February 6, 1996 Vecta Transportation Systems, Inc. was found to be categorically exempt from the California Environmental Quality Act process, since they will be using an existing truck terminal and the facility is not being expanded. It is the opinion of the Director of Community Services that the proposed operation will pose no adverse effects to the City of Vernon and will not have a significant effect on the environment, and no mitigating measures are required. This has been reviewed by the City Attorney and it is recommended that the Conditional Use Permit be granted subject to the following Conditions: a. The facility shall be operated in accordance with all current codes, rules, regulations, and subject to permit fees as adopted by the City of Vernon. The facility shall be operated in a manner that will prevent unsanitary conditions, odors, or other nuisances. Prior to occupancy, a business license and occupancy permit shall be obtained. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2860 Alameda Street in the City of Vernon. b. If the building remains vacant for a period greater than one year, the building shall be made to conform with all current codes, rules, and regulations. c. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash, and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed to meet City standards. d. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. e. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. f. Equipment or freight shall not be stored on the site other than in buildings, trailers, or on the docks. g. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. h. All required federal, state, local, and regulatory agency permits shall be obtained prior to operation. i. A hazardous materials inventory plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. j. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. 5393 I I City Council Minutes page 5 February 6, 1996 k. The facility shall be operated in a manner which will not impede traffic on Ross or Alameda Streets. 1. All existing cracked sidewalk, curb, and gutter adjacent to the site in Ross and Alameda Streets shall be repaired and maintained to meet City standards. It is hereby recommended that the City Council find that: 1. The Proposed use is categorically exempt from the California Environmental Quality Act process. It is further recommended that: 1. A Notice of Exemption be filed with the County Clerk. 2. The Conditional Use Permit be granted to Vecta Transportation Systems, Inc. subject to the aforementioned Conditions "a" thru "1". The Mayor asked if the Councilor anyone in the audience wished to address this matter. There were no questions or comments. It was moved by Davis, seconded by Gonzales, to close the Public Hearing pertaining to the request from Vecta Transportation Systems, Inc. for a Conditional Use Permit, the time being 5:35 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the Director of Community Services dated February 1, 1996 and all supporting documents be received and filed as evidence. Motion carried. It was moved by Gonzales, seconded by McCormick, that the City Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act process. Motion carried. It was moved by Davis, seconded by Ybarra, that a Notice of Exemption be filed with the County Clerk. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Conditional Use Permit be granted to Vecta Transportation Systems, Inc. contingent upon their adherence to the afore- mentioned Conditions "a" thru "1". Motion carried. RESOLUTION NO. 6745 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Vecta Transportation Systems, Inc. for the Operation of a Truck Terminal at 2860 Alameda Street, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6745 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz dated January 24, 1996, was presented, requesting authority and funds for Police Officers Delma Finley and Jerry Winegar to attend the Advanced Officer Training (Patrol Level) Course in Santa Ana, February 27-29, 1996, with an expense allowance of $124.30 each of which POST will reimburse $70.80 each. 5392 I I City Council Minutes page 6 February 6, 1996 It was moved by Davis, seconded by Gonzales, that authority be granted for Police Officers Delma Finley and Jerry Winegar to attend the aforementioned course with an expense allowance of $124.30 each. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated January 30, 1996, was presented, advising that Contract No. 525, Traffic Signal Modernization- Emergency Vehicle Preemption, has been completed. The total contract amount was $72,368 and partial payments totaling $65,131.20 have been paid. The remaining ten percent, $7,236.80, is payable thirty-five days after acceptance. It is hereby recommended that the work be accepted and authority granted to pay the contractor, C.T. & F. Inc., 7228 Scout Avenue, Bell Gardens, California 90201. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services, dated January 30, 1996, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6746 - A Resolution of the City Council of the City of Vernon Accepting the Work of C.T. & F., Inc. In Accordance with Contract No. 525 of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6746 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 31, 1996, was presented, transmitting the Certification and Notice pertaining to the General Municipal Election to be held April 9, 1996 and a Declaration of Publication. The "Certification and Notice" was published in a ' . newspaper of general circulation on January 19, 1996, pursuant to Section 6061 of the Government Code. Whereas the requirements of Section 10229 of the Elections Code and 2.90 of the Vernon City Code have been met, you are hereby advised that one of the following actions may be taken now: 1. Appoint to the office the persons who have been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if no appointment has been made. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated January 31, 1996 be received and filed, and that nominees Hilario Gonzales and William Davis each be appointed to the offices of Councilmember of the City of Vernon. Motion carried. RESOLUTION NO. 6747 - A Resolution of the City Council of the City of Vernon, California Appointing Hilario Gonzales and William Davis to the City Council Offices That Were To Be Elected on Tuesday, April 9, 1996, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6747 be approved and adopted. Motion carried. 5ht I I City Council Minutes page 7 February 6, 1996 Communication from Kevin Wilson, Director of Community Services, dated January 3D, 1996, was presented, transmitting a fully executed Grant Deed for street purposes from Deutsch/SDL Ltd. for a portion of property (approximately 3,975 square feet) along the north side of 50th Street. This has been reviewed by the City Attorney, and it is hereby recommended that the deed be accepted and the Certificate of Acceptance be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services dated January 3D, 1996 be received and filed, and that the Grant Deed from Deutsch/SDL Ltd. be accepted and the Certificate of Acceptance be approved and executed. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 3D, 1996, was presented, requesting authority for Police Officer David Cheng to attend the SWAT Tactical Training Course in Tucson, Arizona, February 12-17, 1996. The cost of the course and expenses total $1332.27 and will be funded from the Asset Forfeiture Account. It was moved by McCormick, seconded by Davis, that authority be granted for Officer David Cheng to attend the afore- mentioned course with an expense allowance of $1332.27 to be funded from the Asset Forfeiture Account. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 31, 1996, was presented, requesting authority and funds for Police Officers Steven Wiles and Mark Dressen to attend the Drug Influence Training Course in Santa Ana, March 4-6, 1996 with an expense allowance of $111.80 each of which $70.80 each will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Officers Steven Wiles and Mark Dressen to attend the aforementioned course with an expense allowance of $111.80 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 31, 1996, was presented, advising that staff of the Community Services Department has prepared the necessary documents to be submitted to the Local Agency Formation Commission (LAFCO) pertaining to the proposed Vernon-Maywood Annexation, specifically "Reorganization 1-96, Parcels 1 and 2." This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that annexation of the parcels be approved and authority granted to submit the application to LAFCO. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated January 31, 1996, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6751 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Application Requesting the Local Agency Formation Commission to Take Proceedings for the "Reorganization 1-96, Parcels 1 and 2" Involving the Cities of Vernon and Maywood, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6751 be approved and adopted. Motion carried. 5390 I I City Council Minutes page 8 February 6, 1996 Communication from Kevin Wilson, Director of Community Services, dated February 1, 1996, was presented, advising that Dynamic Builders, Inc., on behalf of Pan Metal Corporation, has submitted Vesting Tentative Parcel Map No. 24403 for investigation and report in accordance with the Subdivision Map Act, and transmitting the following evidence: 1. Print of Vesting Tentative Parcel Map No. 24403; 2. Engineer's Report; 3. Excerpts from the Subdivision Map Act. It is the opinion of the Director of Community Services that adoption of the Vesting Tentative Parcel Map will pose no adverse effects on the City of Vernon or any other surrounding areas. The project is consistent with the General Plan as adopted by the City of Vernon and is categorically exempt from the State of California Environmental Quality Act. This has been reviewed by the City Attorney, and it is hereby recommended that Vesting Tentative Parcel Map No. 24403 be approved with the following Conditions: 1. The existing buildings on Lot 1 shall either be demolished or brought into conformance with all life safety and disabled accessibility requirements of the City Codes; 2. A License Agreement shall be obtained for the steps encroached into the public right-of-way located at the southwest corner of the building on Lot 1; 3. Ingress, egress rights shall be obtained for Lots 2, 3, and 4 so that adequate truck maneuvering for the site can be provided. 4. The roof drains for the building on Lot 1 shall be connected to curb drains. The water meter box in the street right-of-way adjacent to Lot 4 shall be completely removed. It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services dated February 1, 1996 and all supporting documents be received and filed as evidence, and that Vesting Tentative Parcel Map No. 24403 be approved contingent upon the adherence to the aforementioned Conditions No.1 thru 4. Motion carried. WARRANT REGISTER NO. 931 covering claims and demands presented during the period of January 19 thru February 1, 1996, drawn on the First Interstate Bank totaling $240,567.28, which includes Demand Nos. 55304 thru 55473 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period February, 1996), was examined and audited: 55318 55324 55363 55367 55368 55369 55370 55409 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 931 be approved and payment authorized for claims and demands totaling $240,567.28, excluding Light and Power Demands. Motion carried. 5'389 I I City Council Minutes page 9 February 6, 1996 WARRANT REGISTER NO. 931 covering claims and demands presented during the period of January 19 thru February 1, 1996, drawn on the First Interstate Bank totaling $993,921.45, which includes Light and Power Demand Nos. as listed below (accounting period February, 1996), was examined and audited: 55304 55310 55314 55315 55316 55317 55323 55333 55336 55344 55345 55346 55347 55348 55349 55351 55355 55356 55359 55362 55364 55371 55372 55373 55393 55405 55410 55417 55424 55432 55440 55450 55454 55461 55469 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 931 be approved and payment authorized for claims and demands totaling $993,921.45. 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 5:50 p.m. The Council reconvened at 5:53 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 Item No. 1 listed below, the time being 5:53 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Director of Community Services, Chief Deputy City Clerk, and Utilityman. The Mayor ordered that all communications to and from the Closed Session be deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL RELEASE The Utilityman was excused from the Closed Session at 5:57 p.m. The Director of Community Services was excused from the Closed Session at 6 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Item Nos. 2 and 3 listed below, the time being 6 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 that all communications to and from the Closed Session be 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: 5;3'.8 8 I I City Council Minutes page 10 February 6, 1996 (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) 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 (SoCaIGas) (BCAP) ; (f) CPUC Docket No. A.91-03-039 (SoCaIGas) (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) Georqe Zavala. Jr. and Bruce Sean Gooley v. City of Huntinqton Park. etc.. City of Vernon. etc. et al. USDC No. CV91-5058 TJH (Tx) ; (j) The People of the State of California ex reI. City of Vernon. a municipal corporation v. Charles M. Trevino (Attorney General) ; (k) The City of Vernon v. The Atchison. Topeka 1 and Santa Fe Railway, CPUC Case No. 96-01-019; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: BJJ Company, Inc. and Jerry O'Neal Woodard Agency claimed against: City of Vernon Claimant: Eduardo Rios Agency claimed against: City of Vernon Mayor Malburg was excused from the Closed Session at 6:10 p.m. and Mayor Pro Tern Ybarra assumed the Chair. The Mayor returned to the Closed Session at 6:14 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 6:15 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 5, 1996, was presented, advising that in accordance with previous City Council approval, a complaint in the matter of the City of Vernon v. the Atchison. Topeka and Santa Fe Railway, CPUC Case No. 96-01-109, was filed with the Public Utilities Commission of the State of California on January 19, 1996. 5381 I I City Council Minutes page 11 February 6, 1996 It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated February 5, 1996, be received and filed. Motion carried. It was moved by Davis, seconded by McCormick, to deny the liability claim of Eduardo Rios. Motion carried. It was moved by McCormick, seconded by Ybarra, to deny the liability claim of BJJ Company, Inc. and Jerry O'Neal Woodard. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 5, 1996, was presented, advising that in accordance with previous City Council approval, the City of Vernon applied to the Office of the Attorney General on January 30, 1996, for leave to sue in quo warranto in Superior Court of the County of Los Angeles in the matter of The People of the State of California ex reI. City of Vernon, a municipal corporation v. Charles M. Trevino. It was moved by Gonzales, the communication from the City Clerk received and filed. Motion carried. from voting. seconded by Ybarra, that dated February 5, 1996, be Mayor Malburg abstained RESOLUTION NO. 6753 - A Resolution of the City Council of the City of Vernon Authorizing the City Administrator to Cause to be Prepared and Mailed or Otherwise Distributed Letters to Residents and Electors in the Central Basin Municipal Water District Providing Information and Suggesting Action Regarding the District's Proposed Standby Charge To Be Imposed by the District on February 26, 1996, was presented. { It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6753 be approved and adopted. Motion carried. Mayor Malburg abstained from voting. It was moved by Ybarra, seconded by Davis, to approve discipline as recommended for the Utilityman. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. Bruce V. Malkenhorst City Clerk S38B