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19970506 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 6, 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 Adjourned Regular City Council Meeting held April 22, 1997, be approved as submitted and adopted. Motion carried. The City Clerk announced that now is the time to present service pin awards to the following employees: Edwin Hornquist, Assistant Power Engineer - 5 Years Julie Coday, Senior Dispatcher - 5 Years Mayor Malburg presented a Service Pin to Edwin Hornquist and extended congratulations on behalf of the entire City Council. Julie Coday was unable to attend the meeting and her Service Pin was accepted by the Chief of Police. The Mayor called a recess at 5:06 p.m. The Council reconvened in regular session at 5:07 p.m., all members present before the recess again being present. Police Department Activity Log for the period April 15 thru 3D, 1997, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period April 15 thru 3D, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period April 16 thru 3D, 1997, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity Report for the period April 16 thru 3D, 1997, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to ~ddress the Council on any item 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 Council at this time. There was no one in the audience wishing to address the City Council. RESOLUTION NO. 6946 - A Resolution of the City Council of the City of Vernon Declaring Its Intention To Approve an Amendment to the Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6946 be approved and adopted. Motion carried. 57ti I I City Council Minutes page 2 May 6, 1997 RESOLUTION NO. 6947 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Pool 1959 Survivor Benefits, Assets, and Liabilities Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Vernon, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6947 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING TO CONSIDER GRANTING A FRANCHISE TO PACIFIC PIPELINE SYSTEM, INC. for the installation of an insulated, pressurized, 20" steel pipeline for the transmission of oil and an associated fiber optics cable in the northerly 375 feet of Alameda Street in the City of Vernon, the time being 5:09 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated May 1, 1997, was presented, advising that at their meeting held April 8, 1997, the City Council approved Resolution No. 6937 declaring its intention to grant a Franchise to Pacific Pipeline System, Inc. As a responsible agency, the City has considered the adequacy of the Final EIR/EIS in order to approve Findings and a Statement of Overriding Considerations. This has been reviewed by the Director of Community Services, and it is hereby recommended that the attached Findings and Statement of Overriding Considerations be approved and the Franchise Agreement be approved and executed. The Mayor asked if there were any questions from the City Councilor if there were any questions from the audience. There were none. It was moved by McCormick, seconded by Davis, to close the Public Hearing regarding consideration of granting a Franchise to Pacific Pipeline System, Inc., the time being 5:16 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated May 1, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6949 - A Resolution of the City Council of the City of Vernon Certifying that the Council has Reviewed and Considered the Final Subsequent Environmental Impact Report/Statement for the Proposed Pacific Pipeline Project and Making Certain Findings and a Statement of Overriding Consideration in Connection Therewith, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6949 be approved and adopted. Motion carried. ORDINANCE NO. 1046 - An Ordinance of the City Council of the City of Vernon Granting 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 read by title by the City Clerk for a First Reading. It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 1046 be approved for a First Reading. Motion carried. 5713 I I City Council Minutes page 3 May 6, 1997 It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Transport Partners, Inc. for a Conditional Use Permit to allow the applicant to operate a truck terminal at 2230 38th Street 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 May 1, 1997, was presented, advising that Transport Partners, Inc. has applied for a Conditional Use Permit to operate a truck and freight terminal at 2230 38th 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. Transport Partners, Inc. 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 Conditional Use Permit be subject to the following conditions: a. The facility shall be operated in accordance with all current codes, rules, regulations, and subject to permit fees as adopted by the City of Vernon. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2230 38th Street in 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 and maintained with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash, and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed and maintained to meet City standards. d. All existing cracked sidewalk, curb, and gutter adjacent to the site on 38th Street shall be repaired and maintained to meet City standards. e. No equipment or freight shall be stored on the site, other than in buildings, trailers, or on the docks. f. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. 5712 I I City Council Minutes page 4 May 6, 1997 g. The facility shall be operated in a manner which will not impede traffic on 38th and Ross Streets. h. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. i. A hazardous materials inventory and business/con- tingency plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. j. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. k. 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. 1. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. m. Adequate employee toilet and handwash facilities shall be provided to include at least one toilet and one lavatory for every ten male employees, and one toilet and one lavatory for every ten female employees or fraction thereof. n. Toilet rooms shall be provided with adequate ventilation, lighting, and wall mounted single service soap, towel and toilet paper dispensers. o. Approved drinking water facilities shall be provided for employees. p. If food products are to be stored on the site, the applicant shall apply for a City of Vernon Food Warehouse Health Permit. It is hereby recommended that: 1. The City 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. 3. The Conditional Use Permit be granted to Transport Partners, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "p". Mr. Wilson advised of an amendment to Condition No. "i" to omit the word "wastes" and that it should read, in part, ".. . Hazardous Materials shall be handled and managed in compliance with " The Mayor asked if the City Council had any questions or if there was anyone in the audience who had any questions. 5711 I I City Council Minutes page 5 May 6, 1997 There were no questions. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing regarding the request for a Conditional Use Permit from Transport Partners, Inc., the time being 5:27 p.m. Motion carried. It was moved by Davis, seconded by Gonzales, that the communication from the Director of Community Services dated May 1, 1997, and all supporting documents be received and filed. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by Davis, seconded by McCormick, 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 Transport Partners, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "p" (including "i" as amended) . Motion carried. RESOLUTION NO. 6950 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Transport Partners, Inc. for the Operation of a Truck Terminal at 2230 38th Street, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6950 be approved and adopted. Motion carried. Communication from Louis Rosenkrantz, Police Chief, dated March 20, 1997, was presented, requesting authority and funds for Lt. Bruce Olson and Sgt. Robert Faldetta to attend the Labor/Management Dispute Training Seminar in Palm Springs, June 4-6, 1997, with an expense allowance of $402.70 and $372.70 respectively. It was moved by Davis, seconded by Gonzales, that authority be granted for Lt. Bruce Olson and Sgt. Robert Faldetta to attend the aforementioned seminar with an expense allowance of $402.70 and $372.70 respectively. Motion carried. Communication from Louis Rosenkrantz, Police Chief, dated April 18, 1997, was presented, requesting authority and funds for Lt. Solomon Benudiz to attend the POST Management Update Course in San Simeon, June 4-6, 1997, with an expense allowance of $644.18 of which $457.52 will be reimbursed by POST. It was moved by Ybarra, seconded by McCormick, that authority be granted for Lt. Solomon Benudiz to attend the afore- mentioned course with an expense allowance of $644.18. Motion carried. Communication from Louis Rosenkrantz, Police Chief, dated April 23, 1997, was presented, requesting authority and funds for Police Officers Charles Solano and Glenn Finley to attend the Criminal Investigation Course in Del Mar, June 2-13, 1997, with an expense allowance of $1378.74 each, of which $1123.84 each will be reimbursed by POST. It was moved by Gonzales, seconded by Davis, that authority be granted for Officers Charles Solano and Glenn Finley to attend the aforementioned course with an expense allowance of $1378.74 each. Motion carried. 5710 I I City Council Minutes page 6 May 6, 1997 Communication from Bruce V. Malkenhorst, City Clerk, dated April 30, 1997, was presented, transmitting a Water Right License which will allow the City of Vernon the right to extract 138 acre-feet of water from NI Industries, Inc.'s allowed pumping allocation for the 1997-1998 Fiscal Year at a cost of $138 per acre-foot or $19,044 total. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Water Right License be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated April 30, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6948 - 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 NI Industries, Inc., Which Grants the City of Vernon a License to Extract 138 Acre-Feet of NI Industries's Allowed Pumping Allocation for the Period July 1, 1997 through June 30, 1998, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6948 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated April 30, 1997, was presented, requesting authority and funds for Police Officers Steve Wiles and Michael Docherty to attend the Narcotics Trafficking Course in Los Angeles on June 5, 1997, with an allowance of $85 each for the registration fee. It was moved by Ybarra, seconded by Davis, that authority be granted for Officers Steve Wiles and Michael Docherty to attend the aforementioned course with an allowance of $85 each for the registration fee. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated April 30, 1997, was presented, advising that the 1996 Traffic Pavement Striping Contract No. 528 with Arrow Straight Marking and Striping Service, 3084 Strasbourg Drive, Riverside, California 92504, expired December 31, 1996. The contract provides for extension by mutual agreement under Contract Extension (F-6). Arrow Straight Marking and Striping Service has indicated that they would like to continue under the present contract. Under compensation (F-7) of the Special provisions they are eligible for a CPI (Consumer Price Index) increase in the Contract. The March 1997 CPI is 1.6, and with a 75% adjustment, this would be a 1.2% increase in the Contract effective June 1, 1997. This has been reviewed by the City Attorney, and it is hereby recommended that the work performed from January 1 thru May 31, 1997 under Contract No. 528 be ratified, and that the contract be extended from June 1, 1997 thru May 31, 1998. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services dated April 30, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6952 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment Granting a One-Year Extension of Contract No. 528 for 1997/1998 By and Between the City of Vernon and Arrow Straight Marking and Striping Service, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6952 be approved and adopted. Motion carried. 5709 I I City Council Minutes page 7 May 6, 1997 Communication from Bruce V. Malkenhorst, Director of Personnel, dated May I, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held May 5, 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 May 5, 1997. Motion carried. WARRANT REGISTER NO. 962 covering claims and demands presented during the period of April 18 thru May I, 1997, drawn on Wells Fargo Bank totaling $158,348.91, which includes Demand Nos. 61507 thru 61690 (inclusive), excluding Light and Power Demands and Void Demand Nos. 61576, 61577, and 61578 (accounting period May, 1997), was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 962 be approved and payment authorized for claims and demands totaling $158,348.91, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 962 covering claims and demands presented during the period of April 18 thru May I, 1997, drawn on Wells Fargo Bank totaling $1,527,232.90, which includes Light and Power Demand Nos. as listed below (accounting period May, 1997), was examined and audited: 61507 61522 61530 61548 61556 61596 61626 61673 61512 61523 61531 61549 61565 61599 61637 61674 61513 61524 61534 61552 61567 61608 61647 61679 61519 61525 61535 61553 61572 61609 61658 61682 61520 61527 61537 61554 61573 61621 61667 61688 61521 61529 61547 61555 61587 61622 61670 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 962 be approved and payment authorized for claims and demands totaling $1,527,232.90. 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 Council that the following matter should be deferred to the next City Council Meeting at the request of Captain Mason's attorney. It was moved by Ybarra, seconded by Davis, that the following matter be deferred to the next City Council Meeting. Motion carried. 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 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. (Deferred from the City Council Meeting held April 8, 1997.) RESOLUTION NO. 6951 - 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 21154 and 21156) . (Deferred from the City Council Meeting held April 8, 1997.) 5708 I I City Council Minutes page 8 May 6, 1997 Communication from Bruce V. Malkenhorst, City Clerk, dated, April 30, 1997, was presented, recommending that the Mayor be authorized to execute on behalf of the City of Vernon a Settlement Agreement and General Release of All Claims in the litigation entitled Zeferina Carranza v. City of Vernon in the Municipal Court of the State of California, Case No. 96C00688N. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated April 30, 1997, be received and filed, and that the Mayor is hereby authorized to execute a Settlement Agreement and General Release of All Claims in said litigation. Motion carried. The Mayor called a recess at 5:34 p.m. The Council reconvened at 5:38 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 5:39 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, Eduardo Olivo, legal associate from the City Attorney's office, Chief of Police, Police Captain, former police officer and his attorney James E. Trott, and a court reporter retained by the City. 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 1. One Police Officer Bill of Rights Appeal Hearing The former police officer and his attorney left the Closed Session at 6:05 p.m. The court reporter left the Closed Session at 6:05 p.m. The Chief of Police and Police Captain were excused from the Closed Session at 6:05 p.m. It was moved by Gonzales, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:06 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, to take Closed Session Item No. 1 under submission for a response at the City Council Meeting to be held May 20, 1997. Motion carried. It was moved by Gonzales, seconded by Davis, to go into Closed Session to confer on Items No.2, 3, and 4, the time being 6:07 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 from the City Attorney's office Eduardo Olivo. 570'1 City Council Minutes page 9 May 6, 1997 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: I (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) 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. Tooeka 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) (h) (i) (j) (k) (1) (m) I (n) (0) (p) Vernon v. Southern California Gas Company, CPUC No. 96-05-038; Johnson & Vincent v. Vernon, LASC BS 039646; Allstate. etc. et al. v. Vernon, Case No. VC022411; FERC Docket No. OA-96-76 (Open Access); FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); Gonzalez. etc.. et al v. U.S. Customs Services. et al., USDC CV96-4361 RJK (Jrx); Lynwood v. Vernon, LASC BS 041786; CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES; City of Oranqe. et al. v. Alabama Treasury, et al., LASC Case No. BC 106461; Carranza vs. City of Vernon, HPMC No. 96C00688N; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Alex Mendrin DBA AI's Plastics Agency claimed against: City of Vernon 5708 I I City Council Minutes May 6, 1997 page 10 Claimant: Pacific Bell Agency claimed against: City of Vernon 4. 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 Mayor Malburg was excused from the Closed Session at 6:17 p.m. Mayor Malburg returned to the Closed Session at 6:21 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:29 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the liability claim of Alex Mendrin DBA AI's Plastics be denied. Motion carried. It was moved by Davis, seconded by McCormick, that the liability claim of Pacific Bell be denied. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Attorney's actions in joining in the comments made by the Ad Hoc Coalition For Hinshaw Reform in FERC Docket No. PL97-' 1-000 are hereby ratified. 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. ~. Y - eonis C. Ma rg Mayor ATTEST: /_//' ~ /kl~/~~ /4 Bruce V. Malkenhorst City Clerk 5700