19980804 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD AUGUST 4, 1998
5:00 PM 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.
The City Clerk asked that the Minutes of the City
Council Meeting held July 28, 1998 be deferred to the next
meeting.
Minutes of the City Council Meeting held July 28,
W�'%1P
It was moved by Ybarra, seconded by Davis, to defer
the Minutes to the next meeting. Motion carried.
The City Clerk announced that now was the time to
present the Service Pins.
The Mayor presented a Service Pin to David Alvarez,
Utility Clerk and extended congratulations on behalf of the
entire City Council.
Edward Rodriguez, Utilityman, was unable to attend
the meeting and his Service Pin was accepted by Kevin Wilson,
Director of Community Services & Water.
The Mayor called a short recess, the time being 5:08
p.m.
Council reconvened at 5:09 p.m., all members present
before the recess again being present.
Police Department Activity Log for the period July
16th thru 31st, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period July 16th thru 31st,
1998, be received and filed. Motion carried.
Fire Department Activity Report for the period July
16th thru 315t, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Fire Department Activity Report for the period July 16th thru
31st, 1998, 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.
City Council Minutes August 4, 1998
Byron Mauss, on behalf of the Far East National Bank,
addressed the Council and requested an appeal of the decision
that had been made denying the issuance of a Certificate of
Occupancy to the current owner of the property located at 4901
Pacific Blvd., Vernon.
The Mayor asked if this could be deferred until the
City Attorney arrives.
The City Attorney arrived at 5:11 p.m.
Mr. Mauss again addressed the City Council.
Mr. Mauss discussed the status, past and present, of
the building and the property located at 4901 Pacific Blvd. He
stated that he clearly understood the City's situation; however,
he asked for a waiver from the Occupancy Ordinance, because of
the remedial action required for the land. Mr. Mauss also
requested that the City Council reverse the decision made by the
Director of Community Services and Water.
Communication from the firm of Assayag, Mauss &
Evans, dated July 15, 1998, representing the Far East National
Bank ("Bank"), the current owner of the property located 4901
Pacific Blvd, Vernon, was presented requesting an appeal of the
decision made by the staff of the Department of Community
Services denying their request for the issuance of a Certificate
of Occupancy.
The City Attorney advised the City Council that this
property was determined non conforming by the Department of
Community Services and Water as clearly identified in the
Director's Staff Report dated July 23, 1998.
The Director of Community Services & Water briefly
summarized his Staff Report for said property. He specifically
stated that on September 26, 1997, a temporary Occupancy Permit
was issued by the Department; however, the building was never
actually occupied.
Mr. Mauss stated that because the bank was the
property owner, it was difficult for the property to be occupied.
It has been their intent to sell the property, but because of the
required remediation, they waited.
Communication from Bruce V. Malkenhorst, City Clerk,
dated, July 28, 1998, was presented, advising that the Far East
National Bank ("Bank"), current owner of the property located at
4901 Pacific Blvd., Vernon, California, has requested the
issuance of a Certificate of Occupancy for the Property, which
was denied.
The Staff of Community Services Department has reviewed all data
pertaining to the building located at 4901 Pacific Boulevard and
finds that it has been continuously vacant for one year.
Pursuant to Section 26.4.6-7 of the Comprehensive Zoning
Ordinance, the building cannot be re -occupied except in the case
that it has been brought into conformity with all the regulations
of the zone in which it is located.
Page 2 of 10
City Council Minutes August 4, 1998
Attached, for your review, is a Staff Report
discussing the issues. It is hereby recommended that the City
Council determine, based on the information provided by the
department, that the building has been vacant continuously for
one year, the Director Of Community Services decision be upheld,
and that the appeal of Assayag, Mauss & Evans, on behalf of Far
East National Bank ("Bank"), for the property at 4901 Pacific
Blvd., be denied.
It was moved by Ybarra, seconded by Gonzales, that
the communications from the Law Offices of Assayag, Mauss & Evans
dated July 15, 1998, from the City Clerk dated July 28, 1998, and
the Staff Report by the Department of Community Services & Water
dated July 23, 1998, be received and filed as evidence. Motion
carried.
It was moved by McCormick, seconded by Davis, that
the Director of Community Services and Water's decision that the
facility was unoccupied for 12 months be upheld. Motion carried.
RESOLUTION NO. 7196 - A Resolution of the City
Council of the City of Vernon Making Findings in Support of the
Denial of an Appeal Concerning Nonconforming Building at 4901-
4903 Pacific Boulevard was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7196 be approved and adopted. Motion carried.
ORDINANCE NO. 1064 - Ordinance of the City Council of
the City of Vernon Amending Chapter 27 of the Code of the City of
Vernon to Consolidate, Amend, and Reorganize Provisions
Pertaining to Graffiti and Inscribed Material and Repealing all
Ordinances or Parts of Ordinances in Conflict Therewith was read
by title by the City Clerk for a second and final reading.
It was moved by Gonzales, seconded by Davis, that
Ordinance No. 1064 be approved and adopted. Motion carried.
Ayes: All
Noes: None
Absent: None
Communication from Kevin Wilson, Director of
Community Services & Water, dated July 29, 1998, was presented
requesting authority and funds for Gary Sawyer, Utilityman II,
and Fernando Weathers, Utilityman I, to attend the Traffic
Control Through Work Zones Seminar at San Dimas on August 25th and
26th, 1998 with a total expense allowance of $85.00 each.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be granted for Utilitymen Gary Sawyer and
Fernando Weathers, to attend the above referenced Seminar with a
total expense allowance of $85.00 each. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated July 29, 1998, was presented
requesting authority and funds for James Wilcox, Sr.,
Environmental Health Specialist, to attend the 1998 Continuing
Challenge - Haz Mat conference at Sacramento on September 8th thru
September llth, 1998 with a total expense allowance of $591.04.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be granted for Environmental Health
Specialist James Wilcox, Sr. to attend the above referenced
conference with a total expense allowance of 591.04. Motion
carried.
Page 3 of 10
City Council Minutes August 4, 1998
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated July 30, 1998, was presented requesting
authority and funds for Blanca Rubio, Personnel Clerk, to attend
the Complete Cobra Skills Update & The Health Insurance
Portability Workshop at The Ritz Carlton -Pasadena on August 20,
1998 with a total expense allowance of $271.00.
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be granted for Personnel Clerk, Blanca Rubio,
to attend the above referenced Workshop with a total expense of
$271.00. Motion carried.
Consideration of a settlement agreement and general
release of claims with Kenko, Inc., D B A Mc Grand & Associates.
David B. Brearley addressed the City Council and
briefly summarized this matter.
RESOLUTION NO. 7194 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Settlement Agreement and General Release of Claims
By and Between the City of Vernon and Kenko, Inc., D B A Mc Grand
& Associates, Regarding Contract No. 524 was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7194 be approved and adopted. Motion carried.
RESOLUTION NO. 7195 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing (i) The
Transfer of Funds to the Redevelopment Revolving Fund; (ii) The
Payment of Monies in the Redevelopment Revolving Fund to the
Redevelopment Agency of the City of Vernon; and (iii) The
Execution of Redevelopment Revolving Fund Loan No. 3 Agreement
Between the City of Vernon and the Redevelopment Agency of the
City of Vernon was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7195 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 28, 1998, was presented transmitting a comprehensive
Emergency Management Plan developed for the Water Department as
submitted by Kevin Wilson, Director of Community Services and
Water. This plan outlines the various hazards that could affect
the water system and outlines mitigation measures designed to
reduce the risks associated with these hazards.
This is a supplement to the existing Emergency Operations Plan
and includes several items that will involve capital expenditures
which will be phased in over a period of several years. This
phased approach will also keep most expenditures within the
normal routine maintenance budget.
This plan has been reviewed by the City Attorney, Fire Chief,
Director of Environmental Health, and the Director of Light and
Power. It is hereby recommended that the Water Department
Emergency Management Plan be approved and implemented to the
fullest extent possible.
It was moved by Ybarra, seconded by Gonzales, that
the Emergency Management Plan be received, filed, and approved.
Motion carried.
RESOLUTION 7198 - A Resolution of the City Council of
the City of Vernon Approving and Adopting the City of Vernon
Water Department Emergency Management Plan, a Supplement to the
City of Vernon Emergency Operations Plan, Dated July 22, 1998,
was presented.
Page 4 of 10
City Council Minutes
August 4, 1998
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7198 be approved and adopted. Motion carried.
RESOLUTION NO. 7110 - A Resolution of the City
Council of the City of Vernon Requesting the Local Agency
Formation Commission to take Proceedings for the Reorganization
of Territory (Annexation to the City of Vernon from the City of
Bell). (Deferred from City Council Meeting held July 28, 1998),
was presented.
It was moved Ybarra, seconded by Gonzales, that
Resolution No. 7110 be approved and adopted. Motion carried.
Kevin Wilson, Director of Community Services & Water,
presented a communication dated August 4, 1998 responding to
comments submitted during the Public Hearing held May 5, 1998.
It was moved by Gonzales, seconded by Davis, that the
above mentioned communication be received and filed. Motion
carried.
The City Clerk asked to defer Resolution No. 7111 to
after Closed Session later this meeting.
RESOLUTION NO. 7111 - A Resolution of the City
Council of the City of Vernon Approving an Exchange of Property
Taxes for the Annexation to the City of Vernon of approximately
50 Acres Currently Within the Boundaries of the City of Bell.
(Deferred from City Council Meeting held July 28, 1998.)
It was moved by Gonzales, seconded by Ybarra, to
defer Resolution No. 7111 to after Closed Session later this
meeting. Motion carried.
Communication from Lewis J. Pozzebon, Director of
Environmental Health, dated July 21, 1998, was presented advising
the City of Vernon jail was inspected on July 20, 1998. The
inspection showed that the facility complies with standards and
requirements prescribed by the Board of Corrections regarding
sanitary conditions.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication be received and filed. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 29, 1998, was presented advising that the Community
Services and Water Department has been notified that the Regional
Water Quality Control Board is requiring our attorney submit a
statement to their Board that our legal authority complies with
the current National Pollution Discharge Elimination System
(NPDES)Permit. It is hereby recommended that authority be
granted for the City Attorney to prepare a communication to the
California Regional Water Control Board advising that our legal
authority is in compliance with the Permit and other applicable
Government Codes.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for the City Attorney to prepare a
communication to the California Regional Water Control Board.
Motion carried.
Consideration and discussion of a contract between
Raymundo Engineering Co. and the City of Vernon to provide design
services and engineering advice for gas utility related matters
as submitted by Kenneth J. DeDario, Director of Utilities dated
July 30, 1998.
Page 5 of 10
City Council Minutes
August 4, 1998
The Director of Utilities briefly summarized this
matter for the City Council.
RESOLUTION NO. 7197 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Agreement for Professional Consulting Services By
and Between the City of Vernon and Raymundo Engineering Co., Inc.
Relating to Design Services and Engineering Advice on Gas Utility
System Matters and Rescinding Resolution No. 7180 dated July 7,
1998, was presented.
It was moved by Ybarra, seconded by Gonzales that
Resolution No. 7197 be approved and adopted. Motion carried.
Kevin Wilson, Director of Community Services & Water
asked that this matter be deferred.
Communication from Kevin Wilson, Director of
Community Services & Water, dated July 30, 1998, transmitting for
your consideration Contract No. 540, Vernon Gas Distribution
System Phase III, and recommending that the contract be awarded
to Utility Boring, Inc. on the basis of their bid of
$3,012,901.40 was presented.
It was moved by Gonzales, seconded by Davis, that the
aforementioned matter and communication be deferred to the August
18, 1998 City Council meeting. Motion carried
The Director of Community Services briefly summarized
the matter of De La Cruz Construction Company for the Council.
RESOLUTION NO. 7199 - A Resolution of the City
Council of the City of Vernon Repealing Resolution No. 7125 and
Rescinding the Award of a Contract to De La Cruz Construction
Company, Inc. for Vernon Gas Distribution System Phase III in
Accordance with Contract No. 540 of the City of Vernon was
presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7199 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated July 29, 1998, was presented transmitting the
Agenda for the Personnel Committee Meeting to be held August 3,
1998, for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Davis that the
recommendations listed on the August 3, 1998 Agenda for the
Personnel Committee meeting be approved. Motion carried.
WARRANT REGISTER NO. 995 covering claims and demands
presented during the period of July 24th thru July 30th, 1998,
drawn on Wells Fargo Bank totaling $73,419.49, which includes
Demand Nos. 67918 thru 68029 (inclusive), excluding Utility
Demands and Void Demand Nos. 67950 thru 67954 (inclusive),
(accounting period August, 1998), was presented.
It was moved by Davis, seconded by Ybarra, that
Warrant Register No. 995 be approved and payment authorized for
demands totaling $73,419.49. Motion carried.
Page 6 of 10
City Council Minutes August 4, 1998
WARRANT REGISTER NO. 995 covering claims and demands
presented during the period of July 241h thru July 30th, 1998,
drawn on Wells Fargo Bank totaling $700,763.76, which includes
Utility Demand Nos. as listed below (accounting period August,
1998), was presented.
67924
67925
67928
67932
67937
67938
67939
67940
67941
67942
67955
67961
67963
67970
67975
67982
67985
67986
67989
67990
67992
68001
68004
68005
68011
68015
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 995 be approved and payment authorized for
Utility claims and demands totaling $700,763.76. 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 Mayor called a recess at 5:52 p.m.
The Council reconvened in regular session at 6:05
p.m., all members present before the recess again being present.
It was moved by Gonzales, seconded by Davis, that
Council go into Closed Session, Item No. 1, the time being 6:06
p.m. Motion carried.
All persons were excluded from Closed Session with
the exception of the City Clerk, City Attorney, Chief of Police,
Police Captain, and the Chief Deputy City Clerk.
The Mayor 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 6:10 p.m.
It was moved by McCormick, seconded by Davis, that
the City Council go out of Closed Session pertaining to Item No.
1, the time being 6:10 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the City Council go into Closed Session, Item No. 2, the time
being 6:11 p.m. Motion carried.
All persons were excluded from Closed Session except
the City Clerk, City Attorney, Mr. David Cobb, Mr. Michael Gagan,
Director of Community Services & Water, and the Chief Deputy City
Clerk.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
Page 7 of 10
City Council Minutes August 4, 1998
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, etc., Zastrow,
et al. LASC No. BC 130693;
(b) City of Vernon v. Board of Harbor Commissioners
of the City Of Long Beach, et al., LASC Case No.
BC 158591; 2CIV B112374 (Pier T)
(c) The City of Vernon v. The Atchison, Topeka and
Santa Fe Railway, CPUC Case No. 96-01-019;
(d) Johnson & Vincent v. Vernon, LASC BS 039646;
(e) FERC Docket Nos. OA-96-76, OA97-602, OA97-604,
ER96-222; (Open access);
(f) FERC Docket Nos. ER97-2355, EC96-19-000, ER96-
16,33 and EL96-48 (Restructuring);
(g) CPUC Application No. 96-10-038 (SDG&E/SoCalGas
Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC
ENTERPRISES); FERC Docket No. EC97-12-000;
(h) Alex Mendrin (Al's Plastics) v. City of Vernon;
Norwalk Superior Court No. VC 025592 consolidated
with Scottsdale Insurance Company, et al, v.
Vernon; Norwalk Superior Court No. VC 025888;
(i) Vernon Sem v. City of Vernon, WC No. POM 0187239,
VNO Unassigned
(j) City of Vernon v. All Persons Interested in the
Matter of the Validity of City of Vernon
Ordinance No. 10,57, etc., Los Angeles Superior
Court No. BC 190791;
It was moved by Ybarra, seconded by Davis, that the
Council go out of Closed Session and resume Regular Session, the
time being 7:35 p.m.
It was moved by Gonzales, seconded by Davis, to
approve the termination of a Police Officer as recommended by the
Chief of Police. Motion carried.
It was moved by McCormick, seconded by Davis, to
approve the termination of a Police Sergeant as recommended by
the Chief of Police. Motion carried.
RESOLUTION 7111 - A Resolution of the City Council of
the City of Vernon Approving an Exchange of Property Taxes for
the Annexation to the City of Vernon of approximately 50 Acres
currently Within the Boundaries of the City of Bell, was
presented, (deferred from earlier during this meeting).
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7111 be approved and adopted. Motion carried.
It was moved by McCormick, seconded by Davis, that
Council go back into Closed Session, Item Nos. 2 and 3, the time
being 7:38 p.m. Motion carried.
Page 8 of 10
City Council Minutes
August 4, 1998
All persons were excluded from Closed Session except
the City Clerk, City Attorney, Director of Community Services &
Water, David Cobb, Michael Gagan, and the Chief Deputy City
Clerk.
The Mayor ordered all communications to and from the
Closed Session 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
(a) City of Vernon vs. Central Basin, etc., Zastrow,
et al. LASC No. BC 130693;
(b) City of Vernon v. Board of Harbor Commissioners
of the City Of Long Beach, et al., LASC Case No.
BC 158591; 2CIV B112374 (Pier T)
(c) The City of Vernon v. The Atchison, Topeka and
Santa Fe Railway, CPUC Case No. 96-01-019;
(d) Johnson & Vincent v. Vernon, LASC BS 039646;
(e) FERC Docket Nos. OA-96-76, OA97-602, OA97-604,
ER96-222; (Open access);
(f) FERC Docket Nos. ER97-2355, EC96-19-000, ER96-
16,33 and EL96-48 (Restructuring);
(g) CPUC Application No. 96-10-038 (SDG&E/SoCalGas
Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC
ENTERPRISES); FERC Docket No. EC97-12-000;
(h) Alex Mendrin (Al's Plastics) v. City of Vernon;
Norwalk Superior Court No. VC 025592 consolidated
with Scottsdale Insurance Company, et al, v.
Vernon; Norwalk Superior Court No. VC 025888;
(i) Vernon Sem v. City of Vernon, WC No. POM 0187239,
VNO Unassigned
(j) City of Vernon v. All Persons Interested in the
Matter of the Validity of City of Vernon
Ordinance No. 1057, etc., Los Angeles Superior
Court No. BC 190791;
3. With respect to every item of business to be
discussed in closed session pursuant to subdivision(c) of
Government Code § 54956.9.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Initiation of litigation: Two (2) potential case.
It was moved by McCormick, seconded by Ybarra, that
the City Council go out of Closed Session pertaining to Item Nos.
2 and 3, the time being 8:24 p.m.
Page 9 of 10
City Council Minutes
August 4, 1998
RESOLUTION NO. 7200 - A Resolution of the City
Council of the City of Vernon Approving the Execution of a
Settlement Agreement and a Memorandum of Understanding with the
Alameda Corridor Transportation Authority Relating to the
Construction of the Alameda Corridor Project.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7200 be approved and adopted. 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: j
Bruce V. Malkenhorst
City Clerk
r
L
L onis C. �Mal�rg
Mayor
Page 10 of 10