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19970408 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 8, 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, McCormick, Gonzales 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 March 4, 1997, 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 March 25, 1997, be approved as submitted and adopted. Motion carried. The City Clerk announced that now was the time to award Service pins to the following persons: Richard Lucas, Sr. Building Inspector Brian Montoya, Meter Reader Matthew Brown, Police Officer Stacy Waterfall, Dispatcher 15 Years 5 Years 5 Years 5 Years Mayor Malburg presented Service Pins to the employees listed above and extended congratulations on behalf of the entire City Council. The Mayor called a recess at 5:05 p.m. The City Council reconvened at 5:06 p.m., all members present before the recess again being present. Police Department Activity Log for the period March 16 thru 31, 1997, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period March 16 thru 31, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period March 16 thru 31, 1997, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period March 16 thru 31, 1997, be received and filed. Motion carried. The City Clerk advised 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 there was anyone wishing to address the City Council at this time. There was no one in the audience wishing to address the Council. 5694 I I City Council Minutes page 2 April 8, 1997 Communication from Police Chief Louis Rosenkrantz, dated March 4, 1997, was presented, requesting authority and funds for Lt. Jim Wohlt to attend a POST Management Course in Dana Point, May 5-16, 1997, with an expense allowance of $518 of which $418 will be reimbursed by POST. It was moved by McCormick, seconded by Ybarra, that authority be granted for Lt. Jim Wohlt to attend the afore- mentioned course with an expense allowance of $418. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 7, 1997, was presented, requesting authority and funds for Police Officer Robert Osborne to attend the California Financial Crime Investigators Seminar in Oxnard, May 7-9, 1997, with an expense allowance of $571.50. It was moved by Ybarra, seconded by Davis, that authority be granted for Officer Robert Osborne to attend the aforementioned seminar with an expense allowance of $571.50. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 12, 1997, was presented, requesting authority and funds for Police Officers Mark Dressen, Brian Baker, and Matthew Saidleman to attend a Field Training Officer Course in Whittier, May 13-17, 1997, with an expense allowance of $123.30 each of which $86.80 each will be reimbursed by POST. It was moved by Gonzales, seconded by Davis, that authority be granted for Officers Mark Dressen, Brian Baker, and Matthew Saidleman to attend the aforementioned course with an expense allowance of $123.30 each. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated March 20, 1997, was presented, requesting authority and funds for Paul Manasjan, Environmental Specialist, to attend a training course entitled "Design and Operation of Solid Waste Transfer Operation" in San Jose, May 14- 15, 1997, with an expense allowance of $815.80. authority to attend $815.80. It was moved by Ybarra, seconded by McCormick, that be granted for Paul Manasjan, Environmental Specialist, the aforementioned course with an expense allowance of Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 20, 1997, was presented, requesting authority and funds for Sharon L. Johnson, Budget Auditor, to attend the California Municipal Treasurers Association 1997 Conference in Palm Springs, April 14-18, 1997, with an expense allowance of $815. It was moved by Davis, seconded by Ybarra, that authority be granted for Sharon L. Johnson, Budget Auditor, to attend the aforementioned conference with an expense allowance of $815. Motion carried. Communication from Fire Chief Dave Telford, dated March 25, 1997, was presented, requesting authority and funds for Firefighter Jason McEachran to attend a Hazardous Materials Instructor Certification Course in Oroville, California, April 22-25, 1997, with an expense allowance of $400. It was moved by McCormick, seconded by Gonzales, that authority be granted for Firefighter Jason McEachran to attend the aforementioned course with an expense allowance of $400. Motion carried. ~693 I I City Council Minutes page 3 April 8, 1997 Communication from Fire Chief Dave Telford, dated March 25, 1997, was presented, requesting authority and funds for Battalion Chief James F. Smith to attend a Health and Safety Seminar in Long Beach, May 14-15, 1997, with an expense allowance of $135. It was moved by Ybarra, seconded by Davis, that authority be granted for Battalion Chief James F. Smith to attend the aforementioned seminar with an expense allowance of $135. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 27, 1997, was presented, requesting authority and funds for Mayor Pro Tem Thomas Ybarra, and Councilmen William Davis and William McCormick, to attend the California Contract Cities Association 38th Annual Seminar in Palm Springs, May 15- 18, 1997, with an expense allowance of $1190 each. It was moved by Gonzales, seconded by McCormick, that authority be granted for the above listed City officials to attend the aforementioned seminar with an expense allowance of $1190 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 27, 1997, was presented, requesting authority and funds to attend the California Contract Cities Association 38th Annual Seminar in Palm Springs, May 15-18, 1997, with an expense allowance of $1290. It was moved by Ybarra, seconded by Davis, that authority be granted for Bruce V. Malkenhorst, City Clerk, to attend the aforementioned seminar with an expense allowance of $1290. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 27, 1997, was presented, requesting authority and funds for Police Officers Brian Baker, Matthew Saidleman, David Rumley, and Mark Dressen to attend the Field Training Officer Survival Course in Irvine on May 6, 1997, with an expense allowance of $140.96 each of which $132.96 each will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Officers Brian Baker, Matthew Saidleman, David Rumley and Mark Dressen to attend the aforementioned course with an expense allowance of $140.96 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 1, 1997, was presented, advising that Vie de France Yamazaki, Inc. has requested a Variance from the 1994 Edition of the Uniform Building Code, Table No.5-A: Wall and Opening Protection of Occupancies Based on Location on Property, for the properties located at 3046 and 3022 50th Street. The company has occupied 3046 50th Street for over ten years, and they are planning to expand their operation to include 3022 50th Street. They are proposing to make two openings in the adjoining walls, one 8' wide by 10' high and the other 12' wide by 10' high. Submitted herewith is an Engineer's Report submitted by the Department of Community Services. This has also been reviewed by the Fire Chief and the Director of Community Services, and it is hereby recommended that the Variance be granted subject to the Conditions listed below. If the Variance is granted no additional hazards will be introduced. 1. Three-hour fire rated door assemblies shall be provided at the openings in the property line wall. The doors shall have fusible links on both sides. 5692 I I City Council Minutes page 4 April 8, 1997 2. Prior to occupancy of 3022 50th Street, Vie de France Yamazaki. Inc. shall obtain a Certificate of Occupancy. 3. Upon any change in occupancy, ownership or use, the doors shall be removed and the wall shall be reconstructed. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated April 1, 1997 and all supporting documents be received and filed, and that the Variance be granted to Vie de France Yamazaki, Inc. contingent upon their adherence to the aforementioned Conditions 1 thru 3. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 1, 1997, was presented, transmitting a Water Right License and Agreement with pabco Paper Products which would allow Vernon the rights to extract 800 acre-feet of pabco's allowed pumping allocation at a cost of $140 per acre-foot or $112,000 total. This has been reviewed by the Director of Community Services and Water and the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated April 1, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6935 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License By and Between the City of Vernon and Pabco Paper Products, Which Grants the City of Vernon, a License to Extract 800 Acre-Feet of Pabco's Allowed Pumping Allocation for the Period July 1, 1997 through June 30, 1998, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6935 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 3, 1997, was presented, advising that Pacific Pipeline System, Inc. has prepared an Environmental Impact Report (EIR) and Environmental Impact Statement (EIS) for the 20" insulated oil pipeline and associated fiber optics cable that will be laid from Kern County to the Los Angeles area refineries. Approximately 375 feet of the pipeline will be within the City of Vernon in Alameda Street just south of 25th Street. The Director of Community Services advises that the pipeline within Vernon, as proposed, will not interfere with the proposed Alameda Corridor construction. The Director has reviewed the EIR and the EIS, and has submitted the attached Findings and Statement of Overriding Considerations. The Director advises that it is his opinion the documents address potential impacts and have adequately mitigated any potential concerns that the City may have. The City, in accordance with the CEQA, is required to review the Final Environmental Impact Statement/Subsequent Environmental Impact Report for the project. In addition to the above, since the lines will be installed within the City of Vernon in Alameda Street (375 feet) it is recommended that a Franchise Agreement be prepared by the City Attorney's office and that a Public Hearing be set on May 6, 1997 to review the matter of approving a Franchise Agreement by and between Pacific Pipeline System, Inc. and the City of Vernon. 5<<91 I I City Council Minutes page 5 April 8, 1997 Tom Rooney, an Engineer representing Pacific Pipeline, asked to address the City Council and advised that Pacific Pipeline presently has an eminent domain lawsuit with the City of Los Angeles that was approved in Superior Court on January 28, 1997. He stated they are now negotiating with the City of Los Angeles and things are looking much better. The Mayor asked Mr. Rooney how deep this line was going to be. Mr. Rooney stated that in the City of Vernon it will be according to the permit and he believed it would be 8 feet. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated April 3, 1997, be received and filed, and that a Public Hearing be set with regard to a Franchise Agreement with Pacific Pipeline System, Inc. for May 6, 1997. Motion carried. RESOLUTION NO. 6937 - A Resolution of the City Council of the City of Vernon Declaring Its Intention to Grant a Franchise to Pacific Pipeline System, Inc. to Install, Maintain and Operate a Pressurized Steel Pipeline and Appurtenances In and Under Alameda Street in the City of Vernon, California, was presented. It was moved by Gonzales, seconded by Davis, that Resolutions No. 6937 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 2, 1997, was presented, advising that Dow Jones PowerHub is offering a program whereby prizes of up to $1,000 per quarter are awarded to the organization with the most postings (offers to buy or sell power or transmission) on the Dow Jones PowerHub Trading System or Bulletin Board Services. The City currently uses the Western Systems Power Pool Bulletin Board Service as part of our normal operation. This has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that approval be granted for the City to participate in the "1997 Dow Jones PowerHub Frequent postings Program" and that the City Administrator be authorized to execute the Statement of Eligibility. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated April 2, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6936 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Statement of Eligibility to Participate in the 1997 Dow Jones Powerhub "Frequent Posting Program" Being Offered to Western Systems Power Pool Members, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6936 be approved and adopted. Motion carried. The City Clerk advised the Council that the following matter should be deferred to the next meeting. Hearing for the determination of the disability retirement of Police Captain James E. Mason. Communication from Bruce V. Malkenhorst, City Clerk, dated March 19, 1997, advising that Police Captain James Mason has filed an application with the Public Employees Retirement 5690 I I City Council Minutes page 6 April 8, 1997 System (PERS) for a disability retirement, and based on the report of Dr. Richard N. Shaw, it is hereby recommended that Captain Mason's request be denied. RESOLUTION NO. 6928 - A Resolution of the City Council of the City of Vernon Denying/Granting the Disability Retirement of James E. Mason, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21024 and 21025) . It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 3, 1997, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held April 7, 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 Adjourned Regular Personnel Committee Meeting held April 7, 1997. Motion carried. WARRANT REGISTER NO. 960 covering claims and demands presented during the period of March 21 thru April 3, 1997, drawn on Wells Fargo Bank totaling $361,644.36, which includes Demand Nos. 61124 thru 61296 (inclusive), excluding Light and Power Demands and Void Demand Nos. 61151, 61174, 61184 thru 61186 (inclusive), and 61221 (accounting period April, 1997), was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 960 be approved and payment authorized for claims and demands totaling $361,644.36, excluding Light and j Power Demands. Motion carried. WARRANT REGISTER NO. 960 covering claims and demands presented during the period of March 21 thru April 3, 1997, drawn on Wells Fargo Bank totaling $1,648,970.03, which includes Light and Power Demand Nos. as listed below (accounting period April, 1997), was examined and audited: 61131 61139 61140 61141 61142 61143 61144 61145 61146 61147 61148 61149 61162 61163 61164 61165 61166 61182 61189 61209 61214 61219 61222 61228 61229 61241 61254 61256 61257 61265 61266 61274 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 960 be approved and payment authorized for claims and demands totaling $1,648,970.03. 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. Mayor Malburg 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 Ybarra, seconded by Gonzales, 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, Director of Community Services, Eduardo Olivo, legal associate from the City Attorney's office, and the Utilityman. S689 ,. I I City Council Minutes page 7 April 8, 1997 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 UtilitYffian was excused from the Closed Session at 5:40 p.m. The Director of Community Services was excused from the Closed Session at 5:45 p.m. It was moved by Ybarra, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 5:45 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session to confer on Items No. 2 and 3 listed below, the time being 5:46 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; (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; 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; S- 68 8 I I City Council Minutes page 8 April 8, 1997 (j) (k) FERC Docket No. OA-96-76 (Open Access); 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 Exoress Invoice 09651; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Safeco Insurance Companies of America Agency claimed against: City of Vernon It was moved by McCormick, seconded by Gonzales, 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 Davis, seconded by Ybarra, that the Utilityroan be disciplined as recommended. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Administrator be authorized to accept the settlement and sign a release in the matter of City of Vernon v. Western Motor Exoress Invoice 09651. Motion carried. It was moved by McCormick, seconded by Gonzales, that the liability claim of Safeco Insurance Companies of America be deferred to the next City Council Meeting. 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. ~" r ~ "'Le~g . yor ATTEST: ///~ A I Bruce V. Malkenhorst City Clerk \ ';'\: 8"87 I I NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON TO BE HELD TUESDAY, APRIL 1, 1997 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY CLERK (DUE TO LACK OF QUORUM) TO TUESDAY, APRIL 8, 1997 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. a~ co City Clerk AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon, do hereby certify that I did, on the 2nd day of April, 1997, have posted: The above Notice of Adjournment for the City Council Meeting to be held April 1, 1997. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Dated: q/; / L( --; ( Gloria J. Orosc Chief Deputy Cit