19980203 Regular City Council Meeting - MinutesMINUTES CITY COUNCIL MEETING OF THE CITY
OF VERNON HELD FEBRUARY 3, 1998 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 Ybarra, seconded by Davis, that the
Minutes of the City Council Meeting held January 27, 1998, be
deferred to the next regular City Council meeting. Motion
carried.
Police Department Activity Log for the period January
16 thru January 31, 1998, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period January 16 thru
January 31, 1998, be received and filed. Motion carried.
Fire Department Activity Report for the period
January 16 thru January 31, 1998, was presented.
It was moved by Ybarra, seconded by Davis, that the
Fire Department Activity Report for the period January 16 thru
January 31, 1998, be received and filed. Motion carried.
Time allotted for anyone in the audience who wishes
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.
There was no one in the audience who wished to
address the Council at this time.
The City Clerk announced that now was the time to
open the PUBLIC HEARING to consider a request from Innovative
Waste Control, Inc., to have additional conditions placed upon
their Conditional Use Permit to operate a solid waste transfer
station to be located at 4133 Bandini Boulevard, which permit was
granted by the City Council by Resolution No. 7006 on September
2, 1997. This is in response to a petition for writ of mandate
which was filed by the City of Commerce, LASC Case No. BC 179283.
It was moved by McCormick, seconded by Ybarra, to
open the Public Hearing pertaining to a Conditional Use Permit
for Innovative Waste Control, Inc., the time being 5:12 p.m.
Motion carried.
Mr. Kevin Wilson, Director of Community Services &
Water, addressed the City Council and briefly summarized this
matter.
Communication from Kevin Wilson, Director of
Community Services & Water, dated January 28, 1998, advising that
Innovative Waste Control was granted a conditional use permit to
operate a solid waste transfer station to be located at 4133
Bandini Boulevard by Resolution No. 7006 on September 2, 1997.
In response to a petition for writ of mandate which was filed by
the City of Commerce, LASC Case No. BC 179283, Innovative Waste
Control, Inc., has requested that additional conditions be placed
upon their conditional use permit.
City Council Meeting Minutes February 3, 1998
Page 2
Herewith for your consideration are the following supporting
documents:
1) Notice of Public Hearing, copies of notification
letters to owners and tenants in the area and affidavits of
posting and mailing;
2) Correspondence from the City of Commerce dated
January 7, 1998; and
3) Correspondence from Innovative Waste Control,
Inc., dated January 12, 1998.
It is recommended that the conditional use permit for Innovative
Waste Control, Inc., be amended to include the following
conditions:
f. Innovative Waste Control, Inc. shall restrict
their transfer trucks from traveling on surface
streets within the City of Commerce to gain
access to the freeway.
g. The number of waste delivery vehicles entering
the facility shall be limited to a maximum of
100 per day.
h. In the event that three or more trucks are
waiting on -site, Innovative Waste Control, Inc.
shall require all trucks that are waiting to
turn off their engines.
i. Innovative Waste Control, Inc., shall remove all
hazardous waste received at the facility within
30 days of receipt.
Mr. Wilson also submitted a letter to the Council, dated February
3, 1998, which stated that Condition "g" should be changed to
read as follows:
g. The number of waste delivery vehicles entering
the facility shall be limited to a maximum of
100 per day. In the event that traffic patterns
of trucks utilizing the facility change in the
future, such that the City of Commerce is
significantly negatively impacted, Innovative
Waste, Inc., shall cooperate with the City of
Commerce to minimize such impacts.
The application and supporting information, the Engineer's
Report, the Environmental Checklist Form and Initial Study,
Proposed Negative Declaration with Mitigation Monitoring Program,
written comments received by the City of Vernon and response to
said comments were submitted during the Public Hearing held on
September 2, 1997, and all remain status quo.
It was moved by McCormick, seconded by Davis, to
close the Public Hearing pertaining to the request for a
Conditional Use Permit from Innovative Waste Control, Inc., the
time being 5:16 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that
all supporting documents submitted during this Public Hearing be
received and filed as evidence, and request of Innovative Waste
to amend their previously granted approve Conditional Use Permit.
Motion carried.
City Council Meeting Minutes
Page 3
February 3, 1998
RESOLUTION NO. 7085 - A Resolution of the City
Council of the City of Vernon Approving Amendments to a
Conditional Use Permit Granted to Innovative Waste Control, Inc.,
on September 2, 1997, for the Operation of a Solid Waste Transfer
Station Located at 4133 Bandini Boulevard in the City of Vernon,
was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7085 be approved and adopted. Motion carried.
Communication from Police Chief Bruce Olson, dated
November 7, 1997, was presented, requesting authority and funds
for Captain Solomon Benudiz to attend POST Advanced Police
Management Seminar at Dana Point on March 2 thru 6, 1998, with an
expense allowance of $841.96 of which POST reimburses $784.96.
It was moved by McCormick, seconded by Davis, that
authority be granted for Captain Solomon Benudiz to attend the
aforementioned conference with an expense allowance of $841.96.
Motion carried.
Communication from Kenneth J. DeDario, Director of
Light & Power, dated January 13, 1998, was presented, requesting
authority and funds for Ali Nourmohamadian, Electrical Engineer,
to attend the Quarterly EUSERC (Electric Utility Service
Equipment) Meeting at San Diego on February 5 thru February 6,
1998, with an expense allowance of $230.50.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Ali Nourmohamadian to attend the
aforementioned conference with an expense allowance of $230.50.
Motion carried.
Communication from Fire Chief Dave Telford, dated
January 15, 1998, was presented, requesting authority and funds
for him to attend the 8th Annual Fire Prevention Workshop at
Monterey on March 22 thru March 27, 1998, with an expense
allowance of $870.
It was moved by Davis, seconded by Ybarra, that
authority be granted for Fire Chief Dave Telford to attend the
aforementioned conference with an expense allowance of $870.
Motion carried.
Communication from Kevin Wilson, Director of
Community Services & Water, dated January 26, 1998, was
presented, transmitting a fully executed Grant Deed from Michael
Page and Eugene Page. The deed is for a strip of property
located on the north side of Chambers Street at Pacific Boulevard
(4601 Pacific Blvd.) and is for street purposes. This has been
reviewed by the City Attorney, and it is hereby recommended that
the Grant Deed be accepted, the Certificate of Acceptance be
approved, and the Mayor and City Clerk be authorized to sign.
It was moved by Gonzales, seconded by McCormick, that
the Grand Deed from Michael Page and Eugene Page be accepted, the
Certificate of Acceptance be approved, and the Mayor and City
Clerk be authorized to execute. Motion carried.
Communication from Kevin Wilson, Director of
Community Services & Water, dated January 26, 1998, was
presented, transmitting a fully executed Grant Deed from KB
Westchester Building, L.L.C. The deed is for a strip of property
located on the south side of 48th Street (2300 48th Street) and is
for street purposes. This has been reviewed by the City
Attorney, and it is hereby recommended that the Grant Deed be
accepted, the Certificate of Acceptance be approved, and the
Mayor and City Clerk be authorized to sign.
City Council Meeting Minutes February 3, 1998
Page 4
It was moved by Ybarra, seconded by Davis, that the
Grand Deed from Westchester Building, L.L.C., be accepted, the
Certificate of Acceptance be approved, and the Mayor and City
Clerk be authorized to execute. Motion carried.
Communication from Kevin Wilson, Director of
Community Services & Water, dated January 26, 1998, was
presented, transmitting a fully executed Grant of Easement from
KB Westchester Building, L.L.C. The deed is for a ten -foot strip
of property located south of 48th Street (2300 48th Street) and is
for utility purposes. This has been reviewed by the City
Attorney and the Director of Light & Power, and it is hereby
recommended that the Grant of Easement be accepted, the
Certificate of Acceptance be approved, and the Mayor and City
Clerk be authorized to sign.
It was moved by Gonzales, seconded by Ybarra, that
the Grant of Easement from KB Westchester Building, L.L.C., be
accepted, the Certificate of Acceptance be approved, and the
Mayor and City Clerk be authorized to execute. Motion carried.
Communication from Kevin Wilson, Director of
Community Services & Water, dated January 26, 1998, was
presented, transmitting four (4) fully executed Grant Deeds from
CMD Partners, a California general partnership. These deeds were
approved in error, under the name CMD Partners: Xebec, LLC, at
the meeting of December 2, 1997.
No. 1 for a portion of property at the northwest
corner of 49th Street and Loma Vista Avenue (4851 Loma Vista),
consisting of approximately 379 square feet and is for street
purposes.
No. 2 for a portion of property at the northeast
corner of Corona Avenue and 50th Street (4701 50th Street) ,
consisting of 343 square feet and is for street purposes.
No. 3 for a portion of property at the southwest
corner of 49th Street and Loma Vista Avenue (4967 Loma Vista),
consisting of 378 square feet and is for street purposes.
No. 4 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 (4340
District Blvd.), consisting of 1,324 square feet and is for
street purposes.
This has been reviewed by the City Attorney, and it is hereby
recommended that the Grant Deeds be accepted, the Certificates of
Acceptance be approved, and the Mayor and City Clerk be
authorized to execute, and that the minute order of December 2,
1997, approving the Grant Deeds from CMD Partners: Xebec, LLC, be
rescinded.
It was moved by Davis, seconded by McCormick, that
the four above referenced Grant Deeds from CMD Partners be
accepted, the Certificates of Acceptance be approved, and the
Mayor and City Clerk be authorized to execute, and that the
minute order of December 2, 1997, approving the Grand Deeds from
CMD Partners: Xebec, LLC, be rescinded. Motion carried.
RESOLUTION NO. 7083 - A Resolution of the City
Council of the City of Vernon, California, Ordering the Canvass
of the General Municipal Election to be Held on Tuesday, April
14, 1998, Be Made By the City Clerk, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7083 be approved and adopted. Motion carried.
City Council Meeting Minutes
Page 5
February 3, 1998
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 19, 1998, was presented, advising that Robert Smith
applied for a disability retirement and on January 22, 1998, the
City received a copy of his application and a request from PERS
to make a determination of Mr. Smith's disability in accordance
with Government Code Section 21154 and 21156.
Mr. Smith was examined by Pratap Saraf, M.D., on November 3,
1997. In a letter dated November 26, 1997, Dr. Saraf determines
that Mr. Smith has a moderately severe obstructive pulmonary
disease, with a pattern consistent with pulmonary emphysema, with
significantly diminished diffusing capacity. Dr. Saraf concludes
that Mr. Smith is unable to perform his duties with the internal
problems that he has. It is a permanent disability.
Based on the report of Dr. Saraf, it is hereby recommended that
Council approve the industrial disability retirement of Robert
Smith, effective March 4, 1998.
It was moved by Gonzales, seconded by Ybarra, that
Council approve the industrial disability retirement of Robert
Smith, effective March 4, 1998. Motion carried.
RESOLUTION NO. 7084 - A Resolution of the City
Council of the City of Vernon Granting the Industrial Disability
Retirement of Robert L. Smith, A Fire Engineer Employed by the
City of Vernon (Government Code Sections 21154 and 21156), was
presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7084 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 29, 1998, was presented, transmitting the
MARKETPLACE-MCCULLOUGH INTERCONNECTION AGREEMENT among Arizona
Public Service Company, Department of Water and Power of the City
of Los Angeles, M-S-R Public Power Agency, Nevada Power Company,
Salt River Project Agricultural Improvement and Power District,
Southern California Public Power Authority, Tucson Electric Power
Company, United States of America, and City of Vernon.
This Agreement allows Marketplace Substation owners (Mead
Phoenix/Mead Adelanto participants) and McCullough Substation
owners (Navajo Project participants) to transact business for
power purchases/sales.
This has been reviewed by the Director of Light & Power and the
City Attorney, and it is hereby recommended that the MARKETPLACE-
MCCULLOUGH INTERCONNECTION AGREEMENT be approved and adopted.
It was moved by Ybarra, seconded by Davis, that
MARKETPLACE-MCCULLOUGH INTERCONNECTION AGREEMENT be approved and
adopted. Motion carried.
RESOLUTION 7086 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Marketplace -McCullough Interconnection Agreement - Part of the
Mead-Phoenix/Mead-Adelanto Transmission Project, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7086 be approved and adopted. Motion carried.
City Council Meeting Minutes
Page 6
February 3, 1998
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 29, 1998, was presented, advising that we are in
receipt of a request for a Variance from U.S. Growers Cold
Storage, Inc. ("Growers"), for property at 3141 44th Street. It
is for a variance from the Uniform Building Code ("UBC") 1994
Edition, Section 1020.3 which limits the distance of travel to
exits to 100 feet. The UBC 1997 Edition has approved an increase
in the allowable distance to exits to 400 feet for Group S
occupancies equipped with automatic sprinklers throughout and
provided with smoke and heat ventilation. Refrigerated rooms
used for bulk frozen food storage are exempted from the smoke and
heat ventilation requirements.
Growers are proposing to construct a 139,422 square foot
refrigerated warehouse building. This is phase two of a three
phase development that encompasses the entire northerly block of
44th Street from Boyle Avenue to Alcoa Avenue. Due to the size
of the building and the nature of their operation, they need to
increase the allowable distance of travel to an exit from 100 to
approximately 270 feet.
This has been reviewed by the Director of Community Services and
the Fire Chief who concur with the UBC 1997 Update. It is hereby
recommended that the variance be granted with the following
condition and if the variance is granted, no additional hazards
will be introduced in the area:
a. If the State of California amends the provisions
of the 1997 UBC in regards to exiting requirements for
refrigerated rooms, then U.S. Growers Cold Storage, Inc., shall
bring the building into compliance with said amendments.
It was moved by Gonzales, seconded by Ybarra, that
the variance be granted to U.S. Growers Cold Storage, Inc., with
the aforementioned condition. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated January 29, 1998, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held
February 2, 1998, for approval of the recommendations contained
therein.
It was moved by Davis, seconded by Gonzales, that the
recommendations contained in the Agenda for the Personnel
Committee Meeting held February 2, 1998, be approved. Motion
carried.
WARRANT REGISTER NO. 982 covering claims and demands
presented during the period of January 23 thru January 29, 1998,
drawn on Wells Fargo Bank totaling $122,500.13, which includes
Demand Numbers 65262 thru 65383 (inclusive), excluding Light and
Power Demands and Void Demands as listed below (accounting period
February, 1998), was examined and audited:
65293 65300 65302 65303 65304 65305
It was moved by Ybarra, seconded by Davis, that
Warrant Register No. 982 be approved and payment authorized for
claims and demands totaling $122,500.13, excluding Light and
Power Demands and Void Demands as listed above. Motion carried.
City Council Meeting Minutes
Page 7
February 3, 1998
WARRANT REGISTER NO. 982 covering claims and demands
presented during the period of January 23 thru January 29, 1998,
drawn on Wells Fargo Bank totaling $1,475,646.19, which includes
Light & Power Demand Numbers as listed below (accounting period
February, 1998), was examined and audited:
65263 65273 65277 65294 65311 65334 65366 65382
65269 65274 65278 65298 65319 65353 65369
65271 65275 65279 65301 65326 65359 65374
65272 65276 65292 65307 65328 65362 65380
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 982 be approved and payment authorized for
Light and Power claims and demands totaling $1,475,646.19.
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. Motion carried.
The City Clerk advised that there were no items to be
discussed in Closed Session, Item No. 1, below.
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 Mayor called a recess at 5:50 p.m.
The Council reconvened in regular session at 5:52
p.m., all members present before the recess again being present.
It was moved by Gonzales, seconded by Ybarra, that
the Council go into Closed Session, Item Nos. 2 and 3, the time
being 5:52 p.m. Motion carried.
All persons were excluded from Closed Session except
the City Clerk, Chief Deputy City Clerk, and City Attorney.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
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 Basin etc
Zastrow, et al., LASC No. BC 130G93;
(c) City of South Gate et al vs City of
Los Angeles, et al., LASC No. BC 129447;
2CIV B100019; Supreme Court No. 5057753;
(d) City of Vernon v. Board of Harbor
Commissioners of the City of Long Beach et
-a-1., LASC Case No. BC 158591; 2CIV B112374
(Pier T)
(e) The City of Vernon v The Atchison, Topeka
and Santa Fe Railway, CPUC Case No. 96-01-019;
City Council Meeting Minutes February 3, 1998
Page 8
(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);
(1) CPUC Application No. 96-10-038 (SDG&E/
SoCalGas Merger); FERC Docket No. EL97-15
(ENOVA/PACIFIC ENTERPRISES); FERC Docket No.
EC97-12-000;
(m) City of Orange et al v Alabama Treasury
et. al., LASC Case No. BC 106461;
(n) Salisbury v. Vernon, LASC BS O44810;
(o) TOMCO Auto Products, Inc v Vernon, Norwalk
Superior Court No. VCO23838;
(p) Arnold Klein dba AMRO Industries v Vernon
et al., LASC Case No. BC176633;
(q) Commerce v. Vernon/Innovative Waste, LASC. No.
BC 179283
(r) Vernon-Y. GNB Technologies Inc.-, LASC No.
BC 182171;
(s) Watson Land Company v ACTA, LASC No. BC 181991;
(t) Alex Mendrin (Al's Plastics) v City of Vernon;
Norwalk Superior Court No. VC 025592;
(u) James Raabe v. Vernon, WC Nos. 91-VNO-0232212,
VNO-336707, VNO-218463, and VNO-336708.
(v) Vernon Sem v. City of Vernon, WC No. POM
0187239, VNO Unassigned
3. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54956.95.
LIABILITY CLAIMS
Claimant: Pacific Bell
Agency claimed against: City of Vernon
Claimant: Wesley Cruz
Agency claimed against: City of Vernon
It was moved by Ybarra, seconded by McCormick, that
the Council go out of Closed Session, Item Nos. 2 and 3, and
resume regular session, the time being 6:05 p.m. Motion carried.
City Council Meeting Minutes
Page 9
February 3, 1998
It was moved by McCormick, seconded by Gonzales, to
deny the claim of Pacific Bell. Motion carried.
It was moved by Ybarra, seconded by Gonzales, to
accept the "Release of All Claims" from Wesley Cruz and settle
the matter in the amount of $708.63. Motion carried.
There being no further business to come before the
Council at this time, it was moved by Ybarra, seconded by
McCormick, that the meeting adjourn. Motion carried.
eonis C. Malb rg
ayor
ATTEST:
Bruce V. Malkenhorst
City Clerk