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19970204 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 4, 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, Davis, Gonzales, 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 January 21, 1997, be deferred to the next City Council Meeting. Motion carried. The Mayor presented a 15 Year Service Pin to Senior Utility Clerk Alice Saldana and extended congratulations on behalf of the entire City Council. Utilityman David Soto was unable to attend the meeting and his Ten Year Service Pin was accepted by his department head. The Mayor called a recess at 5:11 p.m. The Council reconvened in regular session at 5:14 p.m., all members present before the recess again being present. Police Department Activity Log for the period January 16 thru 31, 1997, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period January 16 thru 31, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period January 16 thru 31, 1997, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period January 16 thru 31, 1997, 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 item on the Agenda other than with regard to any Public Hearings that may be listed. There was no one present in the audience wishing 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 N & E Funding, Inc. for a Variance to allow the tenant to utilize two non-conforming truck loading spaces at 2110 37th Street in the City of Vernon, the time being 5:15 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated January 29, 1997, was presented, advising that N & E Funding, 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 2110 37th Street, and transmitting the following documents as evidence: 1. Application for Variance 2. Affidavits of posting and mailing 5656 I I City Council Minutes February 4, 1997 page 2 3. Notice of Public Hearing 4. Engineer's Report The building has two non-conforming truck loading spaces that are 10 feet wide, with one space being 32 feet long and the other 24.5 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming truck loading spaces. This has been reviewed by the Director of Community Services, and it is hereby recommended that the Variance be granted subject to the following Conditions: a. The usage of the two non-conforming truck loading spaces shall be limited so that any truck parked at, or using, the loading docks shall not extend into the street right-of-way. b. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. The Mayor asked if anyone in the audience had any questions or comments. There were no questions or comments from anyone in the audience. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the Variance request from N & E Funding, Inc., the time being 5:17 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated January 29, 1997 and all supporting documents be received and filed as evidence, and that the Variance be granted to N & E Funding, Inc. contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6911 - A Resolution of the City Council of the City of Vernon Granting a Variance to N & E Funding, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 2110 37th Street in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6911 be approved and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from TourCoach for a Conditional Use Permit to allow the applicant to operate a bus repair and charter facility at 2715 Bonnie Beach Place in the City of Vernon, the time being 5:18 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 January 30, 1997, was presented, advising that TourCoach has applied for a Conditional Use Permit to operate a bus repair and charter facility at 2715 Bonnie Beach Place, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Environmental Checklist Form; 5655 I I City Council Minutes page 3 February 4, 1997 4. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing; and 5. Proposed Negative Declaration. 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 have no significant effects on the environment. The project is consistent with the General Plan as adopted by the City of Vernon. This has been reviewed by the City Attorney, and it is recommended that the following Conditions be placed on the Conditional Use Permit: 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 maintained 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 maintained to exclude rodents and the property shall be maintained rodent free. f. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed within a building or other facilities in compliance with appropriate codes. g. No equipment or freight shall be stored on the site, other than in buildings or trailers. 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 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. The facility shall be operated in a manner which will not impede traffic on Bonnie Beach Place or Bandini Boulevard. 5854 I I City Council Minutes page 4 February 4, 1997 1. All existing cracked sidewalk, curb, and gutter adjacent to the site in Bonnie Beach Place and Bandini Boulevard shall be repaired and main- tained to meet City standards. m. Discharging of any vehicle waste shall not be permitted in the yard. n. Servicing of bus sanitary wash rooms shall not be permitted without prior approval by the City of Vernon Health Department and the County Sanitation Districts of Los Angeles County. o. The use of the existing vehicle wash area shall be restricted for adequate waste water control, storage, and removal. p. The two existing covered underground waste oil storage tanks shall be properly closed now, or they may be permitted for temporary use until December, 1998, when they are required to be closed or brought into compliance. q. On site fueling of vehicles at the facility by tanker trucks is prohibited. r. An annual certification for the backflow prevention device at the facility shall be provided. It is hereby recommended that the City Council make a deter.min- ation that: 1. The project is consistent with the General Plan' .~ as adopted by the City of Vernon, and 2. The project will not have a significant effect on the environment in this case, and 3. The project will not individually or cumulatively have an adverse effect on wildlife resources. It is further recommended that: 1. A Negative Declaration be adopted. 2. A De Minimis Finding be filed with the County Clerk. 3. The Conditional Use Permit be granted to TourCoach subject to the aforementioned Conditions "a" thru "r". Wilson. The Mayor asked if there were any questions of Mr. There were no questions or comments. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing regarding the request for a Conditional Use Permit from TourCoach, the time being 5:21 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services dated January 30, 1997 and all supporting documents be received and filed. Motion carried. 5653 I I City Council Minutes page 5 February 4, 1997 It was moved by McCormick, seconded by Gonzales, that the City Council hereby determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Ybarra, seconded by Davis, that the City Council hereby determines that the project will not have a significant effect on the environment in this case. Motion carried. It was moved by Davis, seconded by McCormick, that the City Council hereby determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Ybarra, seconded by Gonzales, that a Negative Declaration be adopted. Motion carried. It was moved by McCormick, seconded by Davis, that a De Minimis Finding be filed with the County Clerk. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Conditional Use Permit be granted to TourCoach contingent on their adherence to the aforementioned Conditions "a" thru "r". Motion carried. RESOLUTION NO. 6913 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to TourCoach for the Operation of a Truck Terminal at 2715 Bonnie Beach Place, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6913 be approved and adopted. Motion carried. Communication from Louis Rosenkrantz, Chief of Police, dated January 22, 1997, was presented, requesting authority and funds for Civilian Court Officer Eliseo Genera to attend the Property and Evidence Seminar in Palm Springs, March 4-7, 1997 with an expense allowance of $520.14. It was moved by Ybarra, seconded by Davis, that authority be granted for Eliseo Genera to attend the afore- mentioned seminar with an expense allowance of $520.14. Motion carried. Communication from Fire Chief Dave Telford, dated January 22, 1997, was presented, requesting authority and funds to attend the 7th Annual Fire Prevention Workshop in Monterey, March 9-14, 1997, with an expense allowance of $770. It was moved by McCormick, seconded by Gonzales, that authority be granted for Fire Chief Dave Telford to attend the aforementioned workshop with an expense allowance of $770. Motion carried. Communication from Fire Chief Dave Telford, dated January 22, 1997, was presented, requesting authority and funds for Battalion Chief James Smith to attend the California Fire Instructor's Workshop in San Jose, March 31-April 4, 1997, with an expense allowance of $1052. It was moved by Ybarra, seconded by Davis, that authority be granted for Battalion Chief James Smith to attend the aforementioned workshop with an expense allowance of $1052. Motion carried. 5652 I I City Council Minutes page 6 February 4, 1997 Communication from Bruce V. Malkenhorst, City Clerk, dated January 23, 1997, was presented, transmitting Program Supplement No. 009 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5139 with the State of California Department of Transportation. The City has completed resurfacing portions of Vernon Avenue, Soto Street, Bandini Boulevard, and 26th Street. These streets were nominated for partial funding under Cycle 7 of this program and the City may be eligible to receive approximately $50,000 toward the construction costs. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated January 23, 1997 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6912 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Program Supplement No. 009 to State-Local Transportation Partnership Program Agreement No. SLTPP-5139 By and Between the City of Vernon and the State of California, Acting By and Through the Department of Transportation, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6912 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated January 27, 1997, was presented, requesting authority and funds for Engineering Aide Wenceslao Reynoso to attend two courses at the International Conference of Building Officials 5th Annual Design/Plan Review Institute Program in Whittier, February 10 and 11, 1997, with an allowance of $210 for the registration fee. It was moved by Davis, seconded by Ybarra, that authority be granted for Wenceslao Reynoso to attend the afore- mentioned courses with an allowance of $210 for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 29, 1997, was presented, transmitting an amendment to the Western System Power Pool Agreement. This amendment is intended to conform the Western Systems Power Pool (WSPP) Agreement to the Federal Energy Regulatory Commission's (FERC) Open Access Order No. 888. FERC Order No. 888 requires the filing of a Pro Forma Open Access Transmission Tariff and binds the WSPP members to the terms of that Tariff for as long as they are WSPP members. This has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that the amendment be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated January 29, 1997 be received and filed, and that his recommendation be approved. RESOLUTION NO. 6914 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment to the Western Systems Power Pool Agreement Dated July 27, 1991, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6914 be approved and adopted. Motion carried. 5651 I I City Council Minutes page 7 February 4, 1997 Communication from Kevin Wilson, Director of Community Services, dated January 29, 1997, was presented, advising that the below listed bids were received and previously presented to the City Council in accordance with Contract No. 524, Vernon Gas Distribution System Phase I, and forwarded to staff of the Community Services Department for review: Valley Engineers, Inc. Kenko, Inc. ARB, Inc. J.L. Santon Construction Co, Inc. Commercial Contractors, Inc. Doty Bros. Equipment Company S E Pipeline Construction, Inc. $ 1,772,900.00 1,841,652.00 1,905,586.82 1,912,860.25 2,020,679.13 2,208,254.00 2,498,256.66 The two lowest bidders were contacted and have advised that they cannot perform the work at the originally stated price and are quoting new bid costs: Valley Engineers, Inc. Kenko, Inc. $ 2,112,761.80 1,852,652.00 The increases are due to increases in the State Prevailing Wage Rate. The bids have been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that Contract No. 524 be awarded to Kenko, Inc. based on their bid of $1,852,652. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services dated January 29, 1997, be received and filed, and that his recommendation be approved. Motion carried. Mayor Malburg abstained from voting on this matter. RESOLUTION NO. 6915 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Kenko, Inc. for Vernon Gas Distribution System, Phase I, In Accordance with Contract No. 524 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6915 be approved and adopted. Motion carried. Mayor Malburg abstained from voting on this matter. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 30, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held February 3, 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 February 3, 1997. Motion carried. WARRANT REGISTER NO. 956 covering claims and demands presented during the period of January 17 thru 30, 1997, drawn on Wells Fargo Bank totaling $405,621.56, which includes Demand Nos. 60198 thru 60408 (inclusive), excluding Light and Power Demands and Void Demand Nos. 60260, 60267, 60276, 60277, and 60372 (accounting period February, 1997), was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 956 be approved and payment authorized for claims and demands totaling $405,621.56, excluding Light and Power Demands. Motion carried. 5650 I I City Council Minutes page 8 February 4, 1997 WARRANT REGISTER NO. 956 covering claims and demands presented during the period of January 17 thru 30, 1997, drawn on Wells Fargo Bank totaling $2,544,000.20, which includes Light and Power Demand Nos. as listed below (accounting period February, 1997), was examined and audited: 60199 60217 60231 60245 60272 60333 60366 60399 60204 60218 60232 60246 60274 60336 60367 60402 60205 60219 60233 60265 60275 60340 60373 60206 60220 60240 60266 60279 60352 60388 60207 60221 60241 60268 60317 60354 60389 60208 60222 60242 60269 60318 60356 60393 60209 60224 60243 60270 60327 60358 60396 60213 60227 60244 60271 60328 60365 60397 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 956 be approved and payment authorized for claims and demands totaling $2,544,000.20. 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 City Clerk advised the City Council that the following matter should be deferred to the first meeting in March. Hearing for the determination of the disability retirement of former Police Lieutenant Don W. Green. RESOLUTION NO. 6916 - A Resolution of the City Council of the City of Vernon Denying the Disability Retirement of Don W. Green, A Local Safety Member Employed by the City of Vernon (Government Code Sections 21154 and 21145) . OR RESOLUTION NO. 6916 - A Resolution of the City Council of the City of Vernon Granting the Disability Retirement of Don W. Green, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21154 and 21145) . It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the first City Council Meeting in March. 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 21, 1997.) It was moved by Davis, seconded by Gonzales, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Consideration of an Amendment to the Edison-Vernon 1993 Settlement Agreement. (Deferred from the City Council Meeting held January 21, 1997.) The City Attorney briefly summarized this matter for the Council. It was moved by McCormick, seconded by Ybarra, that the 1997 Edison-Vernon Agreement be approved and executed. Motion carried. Councilman Davis abstained from voting and 5649 I I City Council Minutes Page 9 February 4, 1997 disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. 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, was presented. (Deferred from the City Council Meeting held January 21, 1997.) It was moved by McCormick, seconded by Gonzales, that Resolution No. 6910 be approved and adopted. 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 5:35 p.m. The Council reconvened in regular session at 5:37 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:37 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, Police Chief, and Eduardo Olivo, legal associate from the City Attorney's office. 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 Chief of Police was excused from the Closed Session at 5:47 p.m. It was moved by McCormick, seconded by Gonzales, to go out of Closed Session and resume regular session, the time being 5:47 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, 3, and 4 listed below, 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, Chief Deputy City Clerk, and Eduardo Olivo, legal associate 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; 5648 I I City Council Minutes page 10 February 4, 1997 (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; Supreme Court No. S057753; (d) City of Vernon v. Board of Harbor Commissioners of the City of Lonq 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; (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) Lynwood v. Vernon, LASC BS 041786; (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 subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation: Three (3) potential cases 4. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: KIMBERLY DYER Agency claimed against: City of Vernon Claimant: MARCIA SCHROEDER (MICHAEL ALAN DESIGNS) Agency claimed against: City of Vernon 3641 I I City Council Minutes page 11 February 4, 1997 Claimant: MARION SORCINELLI Agency claimed against: City of Vernon It was moved by McCormick, seconded by Gonzales, to go out of Closed Session and resume regular session, the time being 6:03 p.m. Motion carried. It was moved by Davis, seconded by Ybarra, to accept the "Release of All Claims" and settle the claim of Kimberly Dyer in the amount of $1,593.27. Motion carried. It was moved by McCormick, seconded by Ybarra, to accept the "Release of All Claims" and settle the claim of Marcia Schroeder (Michael Alan Designs) in the amount of $410.62. Motion carried. It was moved by Davis, seconded by Ybarra, to accept the "Release of All Claims" and settle the claim of Marion Sorcinelli in the amount of $430.15. Motion carried. It was moved by McCormick, seconded by Ybarra, that the City Attorney be authorized to file an Application for Waiver of Requirements of Order No. 889 before the Federal Energy Regulatory Commission. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Attorney be authorized to intervene in FERC Docket No. OA97-220. Motion carried. It was moved by Davis, seconded by Gonzales, that the City Attorney be authorized to join in an amicus brief on behalf of the City of Vernon to be filed on behalf of the City of Los Angeles in Johanna Trevino v. Daryl Gates, et al., U. S. Supreme Court Case No. 96-1079. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ~2. eon~s C. Malb g ATTEST: d: /~ Bruce V. Malkenhorst City Clerk ~646