19970304 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD MARCH 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
approved as submitted and adopted. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the Minutes of the City Council Meeting held February 4, 1997, be
approved as submitted and adopted. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
Minutes of the City Council Meeting held February 18, 1997, be
approved as submitted and adopted. Motion carried.
The City Clerk announced that now was the time to
present Service Pins to the following employees:
Jose Cervantes, Utilityman - 15 years
Dan Downing, Chief Deputy Dir. Env. Health - 10 Years
The Mayor presented both gentlemen with their pins
and extended congratulations on behalf of the entire City
Council.
The Mayor called a recess at 5:07 p.m.
The Council reconvened at 5:09 p.m., all members
present before the recess again being present.
Police Department Activity Log for the period
February 16 thru 28, 1997, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period February 16 thru
28, 1997, be received and filed. Motion carried.
Fire Department Activity Report for the period
February 16 thru 28, 1997, was presented.
It was moved by Ybarra, seconded by Gonzales, that
the Fire Department Activity Report for the period February 16
thru 28, 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 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 wishing to address the City
Council at this time.
It was moved by McCormick, seconded by Ybarra, to
open the PUBLIC HEARING to consider a request from C.M.D.
Partners for a Variance to allow the construction of curbcuts for
two driveways less than 75 feet from the point of tangency of the
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March 4, 1997
curb return on the northeast corner of 50th Street and Corona
Avenue, the time being 5:10 p.m. Motion carried.
Kevin Wilson, Director of Community Services,
addressed the City Council and briefly summarized this matter for
the Council.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 27, 1997, was presented, advising that C.M.D.
Partners has submitted an application for a Variance from the
Comprehensive Zoning Ordinance, Section 26.4.2-8 (e), Access, for
the proposed construction of a building at 4711 50th Street, and
transmitting the following evidence:
1. Application for Variance;
2. Affidavits of posting and mailing;
3. Notice of Public Hearing;
4. Engineer's Report.
The company is proposing to construct curbcuts for two driveways
less than 75 feet from the point of tangency of the curb return
on the northeast corner of 50th Street and Corona Avenue. The
curb return is being enlarged as part of the development. 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. C.M.D. Partners shall construct or provide the
funding to construct all required frontage
improvements including the enlargement of the
curb return radius.
b. C.M.D. Partners shall dedicate to the City of
Vernon the property required for a property line
radius of 42 feet.
c. Curbcuts for the two proposed driveways shall be
located approximately as shown on Exhibit "A" as
submitted with the Engineer's Report.
Mr. Wilson also advised the Council that the
Engineer's Report was revised earlier this date and distributed
the revised report.
Councilman Davis asked Mr. Wilson if there were any
power poles that needed to be relocated.
Mr. Wilson said no, there didn't appear to be.
The Mayor asked if anyone in the audience had any
questions or comments.
There were no questions or comments.
It was moved by McCormick, seconded by Davis, to
close the Public Hearing regarding the request for a Variance
from C.M.D. Partners, the time being 5:15 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk dated February 27, 1997 and
all supporting documents including the revised Engineer's Report
be received and filed as evidence, and that the Variance be
granted to C.M.D. Partners contingent upon their adherence to the
aforementioned Conditions "a" thru "c". Motion carried.
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March 4, 1997
RESOLUTION NO. 6927 - A Resolution of the City
Council of the City of Vernon Granting a Variance to C.M.D.
Partners from Section 26.4.2-8 (e), Access, of the Comprehensive
Zoning Ordinance, for the Property Located at 4711 50th Street in
the City of Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 6927 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 30, 1997, was presented, requesting authority and
funds for Blanca Rubio, Personnel Clerk, to attend the Managerial
Techniques for Secretaries and Administrative Assistants Seminar
in Pasadena on April 16, 1997, with an expense allowance of
$157.00.
It was moved by McCormick, seconded by Ybarra, that
authority be granted for Blanca Rubio, Personnel Clerk, to attend
the aforementioned seminar with an expense allowance of $157.
Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated February 5, 1997, was presented, requesting authority and
funds for Sgt. Michael Chavez to attend the Training Managers
Workshop in Lake Arrowhead, April 1-3, 1997, with an expense
allowance of $456.76 of which $273.76 will be reimbursed by POST.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Sgt. Michael Chavez to attend the
aforementioned workshop with an expense allowance of $456.76.
Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated February 10, 1997, was presented,
requesting authority and funds for Elizabeth Quaranta,
Environmental Specialist, to attend the California Environmental
Health Association 46th Annual Educational Symposium in Los
Angeles, April 16-18, 1997, with an expense allowance of $298.00.
It was moved by McCormick, seconded by Ybarra, that
authority be granted for Elizabeth Quaranta, Environmental
Specialist, to attend the aforementioned symposium with an
expense allowance of $298. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 19, 1997, was presented, requesting authority and
funds for Christopher Romero, Administrative Aide, to attend the
Recycling Market Development Zone Administrators Workshop in Long
Beach, March 10-11, 1997, with an expense allowance of $147.00.
authority
to attend
of $147.
It was moved by Gonzales, seconded by Davis, that
be granted for Christopher Romero, Administrative Aide,
the aforementioned workshop with an expense allowance
Motion carried.
Communication from Kevin Wilson, Director of
Community Services, dated February 20, 1997, was presented,
transmitting a fully executed Easement for utility purposes from
Lonnie and Karen Kane Family Trust for an 8 foot strip of
property (approximately 1,364 square feet) along the easterly
line of Saco Street, a private street in the City of Vernon.
This has been reviewed by the City Attorney, and it is hereby
recommended that the Easement be accepted and the Certificate of
Acceptance be approved and executed.
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It was moved by Ybarra, seconded by McCormick, to
accept the Easement from Lonnie and Karen Kane Family Trust, and
that the Certificate of Acceptance be approved and executed.
Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated February 20, 1997, was presented, requesting authority and
funds for Police Officers Gustavo Alvarran and Donald Vanover to
attend the H & S Drug Influence Course in Santa Ana, April 16-18,
1997, with expense allowances of $142 and $377.44 respectively of
which POST will reimburse $101 and $254 respectively.
It was moved by Davis, seconded by Ybarra, that
authority be granted for Police Officers Gustavo Alvarran and
Donald Vanover to attend the aforementioned course with expense
allowances of $142 and $377.44 respectively. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated February 20, 1997, was presented, requesting authority and
funds for Sgt. Robert Faldetta to attend a Legal Update Regarding
Discovery, Personnel, and Civil Liability in San Pedro, March 20-
21, 1997, with an expense allowance of $392.08 of which $288.96
will be reimbursed by POST.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Sgt. Robert Faldetta to attend the
aforementioned seminar with an expense allowance of $392.08.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 25, 1997, was presented, advising that the
Community Services Department has requested a right of entry and
grant of easement from the City of Los Angeles for street
widening purposes on Atlantic Boulevard. Transmitted herewith is
a "Right of Entry" Agreement (Firestone Junction-Bandini Junction
Transmission Line Right of Way No. 2B) which will permit Vernon
to use a portion of their property prior to the grant of
easement. 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 Davis, that the
communication from the City Clerk dated February 25, 1997, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6926 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Right of Entry Agreement By and Between the
Department of Water and Power of the City of Los Angeles and the
City of Vernon for the Widening of Atlantic Boulevard, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6926 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of
Community Services, dated February 26, 1997, was presented,
requesting authority and funds for Matthew Bangert, Engineering
Aide I, to attend the Mechanical Inspection I Seminar in
Whittier, April 21-22, 1997, with an allowance of $210 for the
registration fee.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Matthew Bangert, Engineering Aide I, to
attend the aforementioned seminar with an allowance of $210 for
the registration fee. Motion carried.
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Communication from Bruce V. Malkenhorst, City Clerk,
dated February 27, 1997, requesting authority and funds for
Gloria Orosco, Chief Deputy City Clerk, to attend the Records
Management Technology '97 Expo in Riverside on March 20, 1997,
with an expense allowance of $55.
It was moved by Davis, seconded by Gonzales, that
authority be granted for Gloria Orosco, Chief Deputy City Clerk,
to attend the aforementioned seminar with an expense allowance of
$55. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 27, 1997, was presented, transmitting results, as
listed below, of Bid No. 1363, received and opened February 20,
1997, for one 1,000 kVA Padmount Transformer:
ABB C/O Wesco
Cooper Power Systems C/O UPSCO
Howard Industries C/O Young & Co.
Southcoast Utility Sales
Southwest Power
$ 11,440
12,794
13,452
No Bid
No Bid
Said bids were reviewed by staff of the Light and Power
Department, and listed below are the results based on the
equivalent annual operating costs:
Howard Industries C/O Young & Co.
ABB C/O Wesco
Cooper Power Systems C/O UPSCO
$ 3,523.03
3,658.75
3,717.95
It is hereby recommended that Bid No. 1363 be accepted and
approval granted to issue a purchase order to Howard Industries
C/O Young & Co. for one 1,000 kVA padmount Transformer based on
their equivalent annual operating cost of $3,523.03.
It was moved by Ybarra, seconded by McCormick, to
accept Bid No. 1363 and authorize issuing a purchase order to
Howard Industries C/O Young & Co. for one 1,000 kVA Padmount
Transformer based on their equivalent annual operating cost of
$3,523.03. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated February 27, 1997, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held March
3, 1997, for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Davis, to
approve the recommendations listed on the Agenda for the
Personnel Committee Meeting held March 3, 1997. Motion carried.
WARRANT REGISTER NO. 958 covering claims and demands
presented during the period of February 14 thru 27, 1997 drawn on
Wells Fargo Bank totaling $228,633.82, which includes Demand Nos.
60617 thru 60814 (inclusive), excluding Light and Power Demands
and Void Demand Nos. 60690 thru 60692 (accounting period March,
1997), was examined and audited.
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 958 be approved and payment authorized for
claims and demands totaling $228,633.82, excluding Light and
Power Demands. Motion carried.
WARRANT REGISTER NO. 958 covering claims and demands
presented during the period February 14 thru 27, 1997, drawn on
Wells Fargo Bank totaling $1,415,661.24, which includes Light and
Power Demand Nos. as listed below (accounting period March,
1997), was examined and audited:
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60622 60641 60666 60674 60687 60713 60743 60793
60626 60642 60667 60675 60688 60714 60745 60804
60632 60653 60668 60677 60693 60717 60755 60808
60636 60655 60669 60678 60700 60727 60756
60637 60662 60670 60679 60701 60728 60771
60638 60663 60671 60680 60704 60731 60774
60639 60664 60672 60685 60706 60735 60776
60640 60665 60673 60686 60710 60741 60777
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 958 be approved and payment authorized for
claims and demands totaling $1,415,661.24. 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.
The City Clerk advised that the following matter
should be deferred.
Hearing for the determination of the disability
retirement of former Police Lieutenant Don W. Green. (Deferred
from the City Council Meeting held February 4, 1997.)
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 30, 1997, advising that former Police Lieutenant
Don W. Green filed an application with the Public Employees
Retirement System (PERS) for a disability retirement, and based
on the report of Thomas T. Haider M.D., it is hereby recommended
that Mr. Green's request be denied. (Deferred from the City
Council Meeting held February 4, 1997.)
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) . (Deferred
from the City Council Meeting held February 4, 1997.)
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). (Deferred
from the City Council Meeting held February 4, 1997.)
It was moved by Gonzales, seconded by Davis, that the
aforementioned matter be deferred to a later date. Motion
carried.
The Acting City Attorney advised the Council 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 February 18, 1997.)
It was moved by McCormick, seconded by Ybarra, that
the aforementioned matter be deferred to the next City Council
Meeting. Motion carried.
Kevin Wilson, Director of Community Services, advised
that the following matter should be removed from the agenda and
no further action taken at this time.
Consideration ofa Lease with Kenko, Inc. of 4355
Downey Avenue, Vernon, California 90058.
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RESOLUTION NO. 6928 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Ground Lease By and Between the City of Vernon and
Kenko, Inc.
It was moved by Gonzales, seconded by McCormick, that
the aforementioned matter be removed from the agenda. Motion
carried.
The City Clerk advised the Council that the
Department of Light and Power is requesting to create the
position of Engineering Aide, and is recommending that part time
employee Timothy Bass be hired to fill said position.
Consideration and discussion of creating the position
of Engineering Aide for the Light and Power Department and
filling said position.
It was moved by McCormick, seconded by Davis, that
the position of Engineering Aide I be created for the Light and
Power Department, and that Timothy Bass, temporary part-time
employee currently assigned to the Light and Power Department, be
hired to fill the position, classified as Engineering Aide I,
Step 8, effective March 17, 1997. Motion carried.
The Mayor called a recess at 5:32 p.m.
The Council reconvened at 5:35p.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 5:35 p.m. Motion carried.
All persons were excluded from the Closed Session
with the exception of the City Clerk, Acting City Attorney, Chief
Deputy City Clerk, Director of Light and Power, Chief of Police
and System Operator.
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 System Operator and the Director of Light and
Power were excused from the Closed Session at 5:43 p.m.
The first Police Officer arrived at the Closed
Session at 5:44 p.m. and was excused from the Closed Session at
5:50 p.m.
The second Police Officer arrived at the Closed
Session at 5:50 p.m. and was excused from the Closed Session at
5:52 p.m.
The Chief of Police was 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 5:55 p.m. Motion carried.
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It was moved by McCormick, seconded by Gonzales, that
the Council go into Closed Session to confer on Item Nos. 2 and 3
listed below, the time being 5:55 p.m. Motion carried.
All persons were excluded from the Closed Session
with the exception of the City Clerk, Acting City Attorney, and
the 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:
(a) City of Vernon vs. Central Basin Municioal
Water District, LASC No. BC 121124;
(b) City of Vernon vs. Central Basin, etc.,
Zastrow, et al., LASC No. BC 130693;
(c) Citv 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, Tooeka
and Santa Fe Railway, CPUC Case No.
96-01-019;
(g) Vernon v. Southern California Gas Comoany,
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;
(0) City of Oranqe, et. al. v. Alabama Treasury,
et. al., LASC Case No. BC 106461;
(p) City of Vernon v. Western Motor Express
(Invoice 09651);
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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: One (1) potential case
It was moved by McCormick, seconded by Ybarra, that
the Council go out of Closed Session and resume regular session,
the time being 6:03 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that
two Police Officers and three Police Sergeants be disciplined as
recommended. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the System Operator be disciplined as recommended. Motion
carried.
It was moved by McCormick, seconded by Davis, that
the City Attorney be authorized on behalf of the City of Vernon
to join in an amicus brief in support of the City of Carlsbad in
the matter entitled San Dieqo Gas & Electric Co. v. City of
Carlsbad, San Dieqo Co. Superior Court No. N69413. Motion
carried.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Davis, that the meeting adjourn. Motion carried.
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Bruce V. Malkenhorst
City Clerk
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