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19970121 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 21, 1997 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. I It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held December 17, 1996, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the City Council Meeting held January 7, 1997, be approved as submitted and adopted. Motion carried. Mayor Pro Tern Ybarra presented a "belated" 40 Year Service Pin to Mayor Malburg and congratulations were extended from all members of the Council and the City Clerk and City Attorney. Communication from Bruce V. Malkenhorst, City Clerk, dated January 15, 1997, was presented, advising that the below listed employees have qualified 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 11/02/92 12/11/94 02/26/90 06/26/89 12/02/91 11/08/89 01/18/87 Daniel Armellini, Firefighter Carlos Gudino, Utilityman Michael Rogers, Fire Engineer Rory Moore, Fire Engineer Dawn Solis, Engineering Aide Frank Saldana, Utilityman David Soto, Utilityman 2 Year 2 Year 2 Year 3 Year 5 Year 7 Year 7 Year The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department head. 01/01/67 Paul Zook, Fire Engineer 2 Year I 01/07/91 Jeffrey James, Fire Engineer 3 Year 06/20/80 James Wohlt, Police Lieutenant 3 Year 12/02/91 Joseph Binstein, Water/Power Disp. 5 Year 02/26/90 Steven Coster, Firefighter 5 Year The Mayor called a recess at 5:15 p.m. The Council reconvened at 5:19 p.m., all members present before the recess again being present. Police Department Activity Log for the period January 1 thru 15, 1997, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period January 1 thru 15, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period January 1 thru 15, 1997, was presented. 5645 I I City Council Minutes page 2 January 21, 1997 It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period January 1 thru 15, 1997, be received and filed. Motion carried. Health Department Report for the month of December, 1996, was presented It was moved by Davis, seconded by Gonzales, that the Health Department Report for the month of December, 1996, be received and filed. Motion carried. Risk Management Report for the month of December, 1996, was presented. It was moved by McCormick, seconded by Davis, that the Risk Management Report for the month of December, 1996, be received and filed. Motion carried. 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 anyone in the audience wished to address the City Council. this time. There was no one wishing to address the Council at It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Southern Counties Transport for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 2065 Ross Street in the City of Vernon, the time being 5:20 p.m. Motion carried. Kevin Wilson, Director of Communities Services, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services, dated January 16, 1997, was presented, advising that Southern Counties Transport has applied for a Conditional Use Permit to operate a truck and freight terminal at 2065 Ross Street in the City of Vernon, 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. Southern Counties Transport was found to be categorically exempt from the California Environmental Quality Act process, since they will be using an existing facility 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 following Conditions be placed on the Conditional Use Permit: S644 I I City Council Minutes page 3 January 21, 1997 a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules, regulations, and subject to permit fees as adopted by the City of Vernon. b. All required federal, state, local, and regulatory agency permits shall be obtained prior to operation. Prior to occupancy, a business license and occupancy permit shall be obtained. 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 main- tained to meet City Standards. d. The facility shall be operated in a manner that will prevent unsanitary conditions, odors, or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal service. e. The facility's buildings shall be structurally main- tained to exclude rodents and the property shall be maintained rodent free. f. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. g. No equipment or freight shall be stored on the site, other than in buildings, trailers, or on the docks. h. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. ~ . i. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. j. A hazardous materials inventory and business/ contingency 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. k. If the underground fuel tank is to be used, the applicant must apply for an Underground Tank Program Permit from the City of Vernon Health Department. 1. The facility shall be operated in a manner which will not impede traffic on Ross Street. m. All existing cracked sidewalk, curb, and gutter adjacent to the site in Ross Street shall be repaired and main- tained to meet City Standards. It is hereby recommended that: 1. The Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process. 2. A Notice of Exemption be filed with the County Clerk. 5643 I I City Council Minutes page 4 January 21, 1997 3. The Conditional Use Permit be granted to Southern Counties Transport contingent upon the aforementioned Conditions. The Mayor asked Mr. Wilson about the area. terminals. Mr. Wilson stated that the area included many truck questions. The Mayor asked if the City Council had any There were no questions. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the request of Southern Counties Transport for a Conditional Use Permit, the time being 5:23 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services dated January 16, 1997 and all supporting documents be received and filed. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Council hereby finds the proposed use is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by McCormick, seconded by Davis, that a Notice of Exemption be filed with the County Clerk. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Conditional Use Permit be granted to Southern Counties Transport contingent upon their adherence to the aforementioned Conditions "a" thru "mHo Motion carried. RESOLUTION NO. 6894 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Southern Counties Transport for the Operation of a Truck and Freight Terminal at 2065 Ross Street, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6894 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 2, 1997, was presented, requesting authority and funds for Police Officers Christian Moscoso, Grant Curry, Matt Brown, and Dennis Cooper to attend the Los Angeles County Sheriff's Department Laser Village in Los Angeles, February 13-18 and March 6, 1997, with an expense allowance of $38.04 each, all of which will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Officers Christian Moscoso, Grant Curry, Matt Brown, and Dennis Cooper to attend the aforementioned course with an expense allowance of $38.04 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 3, 1997, was presented, requesting authority and funds for Sgt. Ben Busse to attend the Critical Incidents and Post Trauma Stress Course in Del Mar, February 19-21, 1997, with an expense allowance of $723.12 of which $508.72 will be reimbursed by POST. $642 I I City Council Minutes page 5 January 21, 1997 It was moved by McCormick, seconded by Davis, that authority be granted for Sgt. Ben Busse to attend the afore- mentioned course with an expense allowance of $723.12. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 6, 1997, was presented, requesting authority and funds to attend the 1997 California Police Chief's Conference in Modesto, February 10-14, 1997, with an expense allowance of $930.04. It was moved by Davis, seconded by Ybarra, that authority be granted for Police Chief Louis Rosenkrantz to attend the aforementioned conference with an expense allowance of $930.04. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated January 9, 1997, was presented, requesting authority and funds for Jerry Schreiber, Senior Electrical Inspector, to attend the 1996 National Electrical Code Course at the Western Electrical Exposition and Conference in Anaheim on February 4, 1997, with an expense allowance of $245.75. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Jerry Schreiber to attend the afore- mentioned course with an expense allowance of $245.75. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 13, 1997, was presented, requesting authority and funds for Martha Valenzuela, Finance Office Manager, to attend the 1997 California Society of Municipal Finance Officers Seminar in Pleasanton, California, February 23-25, 1997, with an expense allowance of $504.00. It was moved by Davis, seconded by McCormick, that authority be granted for Martha Valenzuela to attend the afore- mentioned seminar with an expense allowance of $504.00. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 13, 1997, was presented, requesting authority and funds for himself, Mayor Pro Tern Thomas Ybarra, and Councilmen Hilario Gonzales and William Davis to attend the 1997 California Society of Municipal Finance Officers Seminar in Pleasanton, California, February 23-25, 1997, with an expense allowance of $696.80 each. It was moved by Gonzales, seconded by Ybarra, that authority be granted for the above listed City officials to attend the aforementioned seminar with an expense allowance of $696.80 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 13, 1997, was presented, advising that staff has prepared an Electronic Mail Policy that is to be distributed to all employees for their guidance when accessing electronic mail systems or the Internet while using City computers. This has been reviewed by the City Attorney, and it is hereby recommended that said policy be approved and adopted. It was moved by Davis, seconded by Ybarra, that the communication from the City Clerk dated January 13, 1997 be received and filed, and that his recommendation be approved. Motion carried. 5641 I I City Council Minutes page 6 January 21, 1997 RESOLUTION NO. 6907 - A Resolution of the City Council of the City of Vernon Approving an Electronic Mail Policy for the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6907 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 15, 1997, was presented, advising that the Director of Light and Power is preparing a computation to determine the Energy Cost Adjustment Billing Factor for the next three month period. The new factor will be based on actual fuel expenses and revenues for the previous period and Southern California Edison Company's forecast of fuel cost for the next three months. It is hereby recommended that the new factor, to be announced at this meeting, be approved for all bills rendered from February 1, 1997. The City Clerk advised that the new factor is negative $0.02565 per kwh. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated January 15, 1997 be received and filed, and that the new factor of negative $0.02565 per kwh be approved for all bills rendered from February 1, 1997. Motion carried. RESOLUTION NO. 6905 - 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 Ybarra, seconded by Davis, that Resolution No. 6905 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 15, 1997, was presented, transmitting a DJT Hub Service Agreement with Dow Jones Telerate, Inc. which provides for electronic bulletin board service for all Western Systems Power Pool (WSPP) members. WSPP is paying for each member to have access to the Hub; there is no cost to Vernon. This 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 McCormick, seconded by Gonzales, that the communication from the City Clerk dated January 15, 1997 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6908 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a DJT Hub Service Member Agreement and DJT Hub Service Member Agreement User Information Addendum By and Between the City of Vernon and Dow Jones Telerate, Inc. to Provide Bulletin Board Service to the City of Vernon as a WSPP Member, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6908 be approved and adopted. Motion carried. Communication from Louis Rosenkrantz, Police Chief, dated January 16, 1997, was presented, requesting authority and funds to attend the California Association of Polygraph Examiners Seminar in Monterey, February 7-8, 1997, with an expense allowance of $576. 5640 I I City Council Minutes page 7 January 21, 1997 It was moved by McCormick, seconded by Gonzales, that authority be granted for Police Chief Louis Rosenkrantz to attend the aforementioned seminar with an expense allowance of $576. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 16, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held January 20, 1997, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, to approve the recommendations contained in the Agenda for the Personnel Committee Meeting held January 20, 1997. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 16, 1997, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held January 20, 1997, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by McCormick, to approve the recommendations contained in the Agenda for the Adjourned Regular Finance Committee Meeting held January 20, 1997. Motion carried. WARRANT REGISTER NO. 955 covering claims and demands presented during the period of January 3 thru 17, 1997, drawn on Wells Fargo Bank totaling $420,876.97, which includes Demand Nos. 59941 thru 60197 (inclusive), excluding Light and Power Demands and Void Demand Nos. as listed below (accounting period January, 1997) was examined and audited: 59990 60002 60008 60009 60010 60068 60171 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 955 be approved and payment authorized for claims and demands totaling $420,876.97, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 955 covering claims and demands presented during the period of January 3 thru 17, 1997, drawn on Wells Fargo Bank totaling $621,484.24, which includes Light and Power Demand Nos. as listed below (accounting period January, 1997) was examined and audited: 59941 59946 59949 59950 59954 59955 59961 59964 59966 59967 59968 59973 59974 59975 59982 59983 59991 59996 59999 60004 60005 60015 60025 60026 60041 60046 60047 60053 60058 60059 60065 60069 60079 60081 60085 60090 60092 60097 60098 60108 60110 60119 60139 60140 60155 60159 60162 60164 60172 60176 60178 60179 60181 60182 60190 60191 60196 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 955 be approved and payment authorized for claims and demands totaling $621,484.24. 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. 5639 I I City Council Minutes page 8 January 21, 1997 PAYROLL WARRANT REGISTER NO. 487 covering claims and demands presented during the period of November 10, 1996 thru December 7, 1996, drawn on Wells Fargo Bank totaling $1,547,628.64 which includes Demand Nos. 5053 thru 5092 {inclusive} and 5114 replacing voided check 5090 {accounting period December, 1996}, was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 487 be approved and payment authorized for claims and demands totaling $1,547,628.64. Motion carried. The City Attorney advised that the following matter should be deferred. RESOLUTION NO. 6847 - A Resolution of the City Council of the City of Vernon Authorizing the Termination of the Agreement to Form Association and to Conduct Litigation. {Deferred from the City Council Meeting held January 7, 1997.} It was moved by Ybarra, seconded by Davis, that Resolution No. 6847 be deferred to the next City Council Meeting. Motion carried. The City Attorney advised that the following matter should be deferred. Consideration of an Amendment to the Edison-Vernon 1993 Settlement Agreement. {Deferred from the City Council Meeting held January 7, 1997.} RESOLUTION NO. 6910 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a 1997 Edison-Vernon Agreement By and Between the City of Vernon and the Southern California Edison Company. r t It was moved by Gonzales, seconded by McCormick, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. The City Clerk advised that the following matter should be deferred until after Closed Session later during this meeting. Consideration of a Settlement Agreement between Chem- Tech Systems, Inc. and the City of Vernon respecting Business License Taxes. RESOLUTION NO. 6909 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Settlement Agreement By and Between the City of Vernon and Chem-Tech Systems, Inc. It was moved by Davis, seconded by Ybarra, that the aforementioned matter be deferred until after Closed Session. Motion carried. The Mayor called a recess at 5:41 p.m. The Council reconvened in regular session at 5:43 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 confer on Item No. 1 listed below, the time being 5:43 p.m. Motion carried. S638 I I City Council Minutes page 9 January 21, 1997 All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, Chief of Police, Police Captain, Eduardo Olivo, legal associate from the City Attorney's office, Police Officer, and legal counsel Robert Wexler of the law firm Silver, Hadden and Silver. 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 Police Officer and Mr. Wexler were excused from the Closed Session at 5:51 p.m. The Chief of Police and Captain were excused from the Closed Session at 5:55 p.m. It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 5:56 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session to confer on Item Numbers 2 and 3 listed below, the time being 5:56 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, and legal associate Eduardo Olivo from the City Attorney's office. 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: (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; 2CIV B098203; (c) City of South Gate, et al. vs. City of Los Anqeles, et al., LASC No. BC 129447; 2CIV B100019; (d) City of Vernon v. Board of Harbor Commissioners of the City of Long Beach, et al., LASC Case No. BC 158591; (Pier T) (e) The Atchison, Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; 2CIV B102025; (f) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; 5637 I I City Council Minutes page 10 January 21, 1997 (g) Vernon v. Southern California Gas CompanY, CPUC No. 96-05-038; (h) Johnson & Vincent v. Vernon, LASC BS 039646; (i) Allstate, etc. et al. v. Vernon, Case No. VC022411; (j) FERC Docket No. OA-96-76 (Open Access); (k) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (1) Gonzalez, etc., et al v. U.S. Customs Services, et al., USDC CV96-4361 RJK (Jrx); (m) Lvnwood v. Vernon, (Case Number Unknown) ; (n) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: ZEFERINA CARRANZA Agency claimed against: City of Vernon 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. Consideration of a Settlement Agreement between Chem- Tech Systems, Inc. and the City of Vernon respecting Business License Taxes. (Deferred from earlier in the meeting.) David B. Brearley, City Attorney, briefly summarized this matter for the City Council. It was moved by Ybarra, seconded by Gonzales, that the Settlement Agreement with Chem Tech Systems, Inc. be approved and executed. Motion carried. RESOLUTION NO. 6909 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Settlement Agreement By and Between the City of Vernon and Chern-Tech Systems, Inc., was presented. (Deferred from earlier in the meeting.) It was moved by McCormick, seconded by Davis, that Resolution No. 6909 be approved and adopted. Motion carried. It was moved by Davis, seconded by Ybarra, that the Police Officer be disciplined as recommended. Motion carried. There being no further business to come before the City Council at this time it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ~~ ~~ Malkenhorst, City Clerk AT~ Bruce V. SI3G