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19971202 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 2, 1997 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Gonzales, seconded by Ybarra, that the Minutes of the City Council Meeting held November 18, 1997, be approved as submitted and adopted. Motion carried. The City Clerk announced that now was the time to present Service Pins. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council: Douglas Barker, Firefighter, 5 Years Andrew Kroner, Firefighter, 5 Years The following employees could not attend the meeting and Service Pins were accepted by their respective Department Head: Daniel Armellini, Firefighter, 5 Years Thomas Egan, Firefighter, 5 Years Todd Painton, Firefighter, 5 Years Martha Parra, Transcriber/Typist, 10 Years The Mayor declared a short recess, the time being 5:09 p.m. Council reconvened at 5:11 p.m. Police Department Activity Log for the period November 16 thru 30, 1997, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period of November 16 thru 30, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period November 16 thru 30, 1997, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period November 16 thru 30, 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. The Mayor asked if anyone in the audience wished to address the Council at this time. Mr. Robert Freeman, from the Salvation Army Homeless Shelter in Bell, addressed the City Council representing the shelter and giving a brief overview of what is available to the area's needy and requested funds in support of the organization and those they help from this area. I I City Council Meeting Minutes page 2 December 2, 1997 There was no one else wishing to address the City Council at this time. ORDINANCE NO. 1054 - An Ordinance of the City Council of the City of Vernon Amending Ordinance Nos. 1048, 1050 and 1051 For the Purpose of Correcting Certain Clerical Errors was read by title for a second and final reading. It was moved by Ybarra, seconded by Davis, that Ordinance 1054 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Davis, Gonzales, McCormick Noes: None Absent: None The City Clerk announced that now was the time to continue the PUBLIC HEARING to consider a request from Far East National Bank for a Variance to allow tenant to utilize three non-conforming truck spaces at 4901-4903 Pacific Boulevard, City of Vernon. (Continued from the City Council Meeting held November 18, 1997.) It was moved by Davis, seconded by Ybarra, to continue the Public Hearing concerning the request from Far East National Bank for a Variance, the time being 5:16 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and gave them a brief overview of what has transpired on this issue since the Public Hearing was initially opened. Mr. Wilson also advised that the conditions should be changed from what was originally submitted on October 17, 1997, and November 25, 1997. Communication from Bruce V. Malkenhorst, City Clerk, dated September 30, 1997, advising that Far East National Bank has submitted a variance application requesting a variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8 Development Standards, for the building located at 4901-4903 Pacific Boulevard. The building has three non-conforming truck loading spaces measuring 10.0 feet in width, with two being 24.5 feet in length and one being 31.0 feet in length. It is proposing to use only vehicles of a smaller length at the non-conforming truck loading spaces. Herewith is the following evidence: 1. Application for variance. 2. Affidavits of posting and mailing. 3. Notice of public hearing. 4. Engineer's report. It is hereby recommended that the variance be granted subject to the following conditions: (a) The usage of the three non-conforming truck loading spaces shall be limited so that any truck parked at or using the loading docks shall not extend into the existing street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. I I City Council Meeting Minutes page 3 December 2, 1997 (b) All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. Communication from Bruce V. Malkenhorst, City Clerk, dated November 25, 1997, advising that the variance request from Far East National and the concerns voiced at the Public Hearing have been thoroughly reviewed by the Community Services & Water Department and it was concluded that an additional condition should be placed upon the variance if granted. Mr. Wilson advised that condition (a) should read as follows and condition (c) should be added: (a) The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at or using the loading docks shall not extend into the existing street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. (c) The loading space located on Pacific Boulevard shall be sealed unless it is brought into compliance with the Comprehensive Zoning Ordinance. The Mayor asked if there was anyone in the audience who had questions on this matter. There were no questions from the audience. It was moved by Davis, seconded by McCormick, to close the Public Hearing concerning the request from Far East National Bank for a variance, the time being 5:16 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communications and all supporting evidence submitted during the Public Hearing be received and filed. Motion carried. RESOLUTION NO. 7027 - A Resolution of the City Council of the City of Vernon Granting a Variance to Far East National Bank from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, to the Property Located at 4901-4903 Pacific Boulevard in the City of Vernon, was presented. (Deferred from the City Council Meeting held November 18, 1997.) It was moved by Ybarra, seconded by McCormick, that Resolution No. 7027 be approved and adopted. Motion carried. RESOLUTION NO. 7051 - A Resolution of the City Council of the City of Vernon, California, Calling and Giving Notice of a General Municipal Election to be Held on Tuesday, April 14, 1998, for the Election of Certain Officers as Required by the Provisions of the Charter of the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7051 be approved and adopted. Motion carried. RESOLUTION NO. 7052 - A Resolution of the City Council of the City of Vernon, California, Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of a General Municipal Election to be Held on Tuesday, April 14, 1998, was presented. I I City Council Meeting Minutes page 4 December 2, 1997 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7052 be approved and adopted. Motion carried. RESOLUTION NO. 7053 - A Resolution of the City Council of the City of Vernon, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, April 14, 1998, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7053 be approved and adopted. Motion carried. The City Clerk advised that the following matter pertaining to Innovative Waste should be removed from the agenda and no further action be taken at this time. Communication from Bruce V. Malkenhorst, City Clerk, dated November 13, 1997, was presented, transmitting a letter from Innovative Waste forsaking its CUP to operate a solid waste transfer station at 4133 Bandini Boulevard. It is hereby recommended to accept the voluntary forfeiture of the CUP by Innovative Waste. (Deferred from the City Council Meeting held November 18, 1997.) RESOLUTION NO. 7050 - A Resolution of the City Council of the City of Vernon Accepting the Voluntary Forfeiture and Declaring Void a Conditional Use Permit Granted to Innovative Waste Control, Inc., for the Operation of a Solid Waste Transfer Station Located at 4133 Bandini Boulevard in the City of Vernon, was presented. (Deferred from the City Council Meeting held November 18, 1997.) It was moved by Ybarra, seconded by Gonzales, that the matter regarding Innovative Waste and Resolution No. 7050 be removed from the agenda and that no further action be taken at this time. Motion carried. RESOLUTION NO. 7044 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Auction Services Agreement for Miscellaneous Surplus Property By and Between the City of Vernon and Nationwide Auction Systems. (Deferred from the City Council Meeting held November 18, 1997.) It was moved by Davis, seconded by McCormick, that Resolution No. 7044 be deferred to the next City Council meeting. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated November 18, 1997, was presented, transmitting four (4) fully executed Grant Deeds from CMD Partners: Xebec, LLC, and recommending that the Grant Deeds be accepted, the Certificates of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. No. 1 is for a portion of property at the northwest corner of 49th Street and Lorna Vista Avenue, consisting of approximately 379 square feet and is for street purposes. No. 2 is for a portion of property at the northeast corner of Corona Avenue and 50th Street, consisting of 343 square feet and is for street purposes. No. 3 is for a portion of property at the southwest corner of 49th Street and Lorna Vista Avenue, consisting of 378 square feet and is for street purposes. I I City Council Meeting Minutes page 5 December 2, 1997 No. 4 is for a portion of property at the southwest corner of District Boulevard and Everett Avenue and a strip of land five feet wide on the westerly line of Everett Avenue, consisting of 1,324 square feet and is for street purposes. It was moved by Gonzales, seconded by Davis, that the above noted four (4) fully executed Grant Deeds from CMD Partners: Xebec, LLC, be accepted, and the Certificates of Acceptance be executed by the Mayor and City Clerk. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated November 25, 1997, was presented, transmitting for consideration Contract 545, Paving of Pump House No. 2 Yard and recommending that the contract be approved and authority be granted to advertise for bids. It was moved by Ybarra, seconded by Gonzales, that Contract 545, Paving of Pump House No. 2 Yard, be approved and authority be granted to advertise for bids. Motion carried. RESOLUTION NO. 7055 - A Resolution of the City Council of the City of Vernon Approving Contract No. 545 of the City of Vernon for Paving of Pump House No. 2 Yard and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7055 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 26, 1997, was presented, recommending that the City of Vernon support the City of Maywood in obtaining Environmental Enhancement and Mitigation Program Funds for Maywood River Park. It was moved by Gonzales, seconded by Davis, that the City of Vernon support the City of Maywood in obtaining Environmental Enhancement and Mitigation Program Funds for Maywood River Park. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 26, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held December 1, 1997, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that recommendations contained in the Agenda for the Personnel Committee Meeting held December 1, 1997, be approved. Motion carried. WARRANT REGISTER NO. 978 covering claims and demands presented during the period of November 14 thru November 26, 1997, drawn on Wells Fargo Bank totaling $291,978.62, which includes Demand Numbers 64363 thru 64552 (inclusive), excluding Light & Power Demands and Void Demands 64365 and 64412 thru 64414 (accounting period December, 1997), was examined and audited. It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 978 be approved and payment authorized for claims and demands totaling $291,978.62, excluding Light & Power Demands and Void Demands listed above. Motion carried. I I City Council Meeting Minutes page 6 December 2, 1997 WARRANT REGISTER NO. 978 covering claims and demands presented during the period of November 14 thru November 26, 1997,drawn on Wells Fargo Bank totaling $2,852,284.00, which includes Light & Power Demand Numbers as listed below (accounting period December, 1997) was examined and audited: 64368 64382 64391 64400 64427 64449 64489 64538 64369 64384 64392 64402 64432 64454 64500 64546 64372 64385 64395 64404 64437 64462 64501 64548 64376 64386 64396 64406 64439 64468 64502 64549 64379 64388 64397 64407 64440 64477 64504 64380 64389 64398 64410 64442 64479 64510 64381 64390 64399 64415 64447 64488 64528 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 978 be approved and payment authorized for Light & Power claims and demands totaling $2,852,284.00. 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. Consideration and discussion of retaining the services of Enviro Communications, Inc., for the purpose of advocacy support services, was presented. The City Clerk addressed the City Council and briefly summarized the services of Enviro Communications, Inc. It was moved by Ybarra, seconded by Gonzales, that the City retain the services of Enviro Communications, Inc., for the purpose of advocacy support services and the City Attorney be directed to prepare an agreement for services. Motion carried. The Mayor called a recess at 5:40 p.m. The Council reconvened in regular session at 5:44 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Gonzales, that the Committee go into Closed Session to confer on Item No. 1 listed below, the time being 5:44 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, Director of Community Service~, Chief of Police and Police Captain. The Chairman ordered all communications to and from the Closed Session 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 and Police Captain were excused at 5:45 p.m. The Engineering Aide entered Closed Session at 5:45 p.m. The Engineering Aide was excused at 5:49 p.m. The Utilityman entered Closed Session at 5:49 p.m. The Utilityman was excused at 5:57 p.m. I I City Council Meeting Minutes page 7 December 2, 1997 6:00 p.m. The Director of Community Services was excused at It was moved by Ybarra, seconded by McCormick, that the Committee go out of Closed Session, Item No.1, and resume regular session, the time being 6:00 p.m. Motion carried. There were no items to be discussed in Closed Session, Item Nos. 2 and 3. 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 (a) City of Vernon vs. Central Basin Municipal Water District, LASC No. BC 121124; 2CIV B101606; (b) City of Vernon vs. Central ~asin. etc.. Zastrow. et al., LASC No. BC 130693; (c) City of South Gate. et ale vs. City of Los Angeles. et al., LASC No. BC 129447; 2CIV B100019; Supreme Court No. S057753; (d) City of VernoQ v. Board of Harbor Commissioners of the City of Long Beach. et al., LASC Case No. BC 158591; 2CIV Bl12374 (Pier T) (e) The City of Vernon v. The Atchison. Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (f) Vernon v. Southern California Gas Company, CPUC No. 96-05-038; S060700; (g) Johnson & Vincent V. Vernon, LASC BS 039646; (h) FERC Docket No. OA-96-76, et al; (Open Access) ; (i) ER97-2355; (j) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (k) Gonzalez. etc.. et al. V. U.S. Customs Services. et al., USDC CV96-4361 RJK (JRx); (I) Lynwood V. Vernon, LASC BS 041786; (m) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (n) City of Orange. et. al. v. Alabama Treasury. et. al., LASC Case No. BC 106461; (0) Salisbury v. Vernon, LASC BS 044810; (p) TOMCO Auto Products. Inc. V. Vernon, Norwalk Superior Court No. VC023838; I I City Council Meeting Minutes page 8 December 2, 1997 (q) Arpold Klein dba AMRO Industries v. Vernon. et al., LASC Case No. BC176633. (r) Commerce v. Vernon/Innovative Waste, LASC. No. BC 179283 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: Two (2) potential case It was moved by McCormick, seconded by Ybarra, to approve the discipline pertaining to the Police Officer as recommended by the Acting Chief of Police. Motion carried. It was moved by Gonzales, seconded by Davis, to approve the discipline pertaining to the Engineering Aide as recommended by the Director of Community Services. Motion carried. It was moved by McCormick, seconded by Ybarra, to approve the discipline pertaining to the Utilityman as recommended by the Director of Community Services. Motion carried. It was moved by Ybarra, seconded by Gonzales, that Wednesday, December 24th and Wednesday, December 31st be deemed additional holidays in observance of Christmas and New Years, for all miscellaneous personnel and non-emergency personnel as long as it does not have an adverse effect on the operations of the City. 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. ATTEST: / ~/M~~____ Bruce V. Malkenhorst, City Clerk