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19981103 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 3, 1998 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: Malburg The meeting was called to order by Mayor Pro Tem. Ybarra. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held October 20, 1998 be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period October 16th thru 315t, 1998, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period October 16th thru 31st, 1998, be received and filed. Motion carried. Fire Department Activity Report for the period October 16th thru 31st, 1998, was presented. It was moved by Davis, seconded by McCormick that the Fire Department Activity Report for the period October 16th thru 315t, 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 Pro Tem asked if there was anyone in the audience who wished to address the City Council at this time. There was no one in the audience who wished to address the City Council at this time. The City Clerk announced that now was the time to open the Public Hearing to consider an Ordinance Prezoning Territory to be Annexed from the City of Bell to the City of Vernon. It was moved by McCormick, seconded by Gonzales, to open the Public Hearing pertaining to the Ordinance Prezoning Territory to be Annexed from the City of Bell to the City of Vernon, the time being 5:08 p.m. Motion carried. City Council Minutes November 3, 1998 Kevin Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized this matter. Mr. Wilson also submitted a letter dated November 2, 1998 from Yvette M. Abich, City Attorney, for the City of Commerce, voicing their concerns of our intent to prezone territory being annexed to the City of Vernon. Communication from Bruce V. Malkenhorst, City Clerk, dated October 28, 1998, was presented, advising that, as part of the Local Agency Formation Process, the City of Vernon must pre - zone the area it is proposing to annex from the City of Bell. Submitted herewith is a staff report as prepared by the staff of the Community Services Department. This has been reviewed by the Director of Community Services & Water and the City Attorney, and it is hereby recommended that the proposed annexed areas be designated General Industry M-Zone. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the prezoning issue, the time being 5:16 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the aforementioned communication from the City Clerk, dated October 28, 1998, and the communication from the Attorney, Ms Abich, dated November 2, 1998, be received and filed. Motion carried. The City Clerk stated that the following Ordinance should be deferred to the next meeting. ORDINANCE NO. 1068 - An Ordinance of the City Council of the City of Vernon Amending the Zoning Map of the City of Vernon to Prezone Territory Being Annexed Pursuant to the Proposal Designated "Reorganization - City of Vernon" Involving the Cities of Vernon and Bell, was read by title by the City Clerk for a First Reading. was presented. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1068 be deferred to the next Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated October 29, 1998, was presented, advising that portions of the existing solid waste provisions in various chapters and appendices of the Code of the Solid Waste Program have become outdated and need to be reworked to correspond with State Law. In addition, a Non -Exclusive Franchise Agreement Program for waste haulers operating in the City is being proposed to help the City to comply with the California Integrated Waste Management Board requirements to document and assist in solid waste source reduction and recycling activities in the City. Haulers will be required to submit quarterly reports and pay a franchise fee, based on gross receipts for waste hauling. The franchise fees collected will be used to offset the costs of our solid waste program including consulting services, unreimbursed state mandated activities, staff costs, and payment of premiums for environmental insurance for potential Comprehensive Environmental Response, Compensation and Liability ACT (CERCLA) liability. The proposed revisions to the Solid Waste Program and the Non - Exclusive Franchise Agreement have been reviewed by the Director of Environmental Health, our Solid Waste Consultant, and the City Attorney and it is hereby recommended that the revisions to the City Code be approved by adoption of Ordinance No. 1067, and that a Non -Exclusive Franchise Agreement Program for Waste Haulers be approved. Page 2 of 7 City Council Minutes November 3, 1998 It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Clerk, dated October 29, 1998, be received and filed, and his recommendation be approved. Motion carried. ORDINANCE NO. 1067 - An Ordinance of the City Council of the City of Vernon Amending Chapters 12 and 13 and Appendix V of the Code of the City of Vernon, California, 1959, Adding Articles II to VII to Chapter 12 Pertaining to Waste Management and Recycling, and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a First Reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1067 be approved for a first reading. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, was presented, dated October 21, 1998 advising that the bids received and opened October 20, 1998, according to Contract No. 548, Street Sweeping 1999, are as follows: California Street Maintenance $ 67,200.00 Nationwide Environmental Services Division of Joe's Sweeping, Inc. 66,600.00 R. F. Dickson, Co., Inc. 67,020.00 The bids have been reviewed and it is recommended that this contract be awarded to Joe's Sweeping, Inc. dba Nationwide Environmental Services, on the basis of their bid of $66,600.00. It was moved by Gonzales, seconded by Davis, that the contract be awarded to Joe's Sweeping, Inc. dba Nationwide Environmental Services, on the basis of their bid of $66,600.00. Motion carried. RESOLUTION NO. 7229 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Joe's Sweeping, Inc. dba Nationwide Environmental Services for Street Sweeping 1999 in Accordance with Contract No. 548 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7229 be approved and adopted. Motion carried. The City Clerk announced that the following matter should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated September 28, 1998, advising the Alameda Corridor Transportation Authority (ACTA) is requesting that the City of Vernon issue a Right of Entry for certain parcels of property within Alameda Street and 25th Street for construction purposes. The City Attorney's office has prepared a Franchise Agreement for ACTA which, will give ACTA the authority to construct the corridor within our right-of-way. This agreement will also require that ACTA obtain the necessary City permits or licenses as required. This request has been reviewed by the Director of Community Services & Water and the City attorney, and it is hereby recommended that the Franchise Agreement be approved. (Deferred from City Council Meeting held October 20, 1998). It was moved by Davis, seconded by Gonzales, to defer the aforementioned matter to the next City Council meeting. Motion carried. Page 3 of 7 City Council Minutes November 3, 1998 Communication from Bruce V. Malkenhorst, City Clerk, dated October 28, 1998, was presented. advising that Motorola has offered to install, free of charge, a mobile computer terminal into one of our police units for a trial period of 45 days, after which we will return it to Motorola. Submitted herewith is a "Loan Agreement" and a Motorola Software License Agreement which has been reviewed by the Chief of Police and the City Attorney, and it is hereby recommended that the Loan Agreement and Motorola Software License Agreement be approved and the Mayor and City Clerk be authorized to execute same. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Clerk, dated October 28, 1998, be received and filed, and that the Loan Agreement and Motorola Software License Agreement be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. RESOLUTION NO. 7230 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Product Loan Agreement and a Motorola Software License Agreement Between the City of Vernon and Motorola, Inc., was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7230 be approved and adopted. Motion carried. RESOLUTION NO. 7231 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6438 by Ratifying the Appointment of Martha Valenzuela as an Additional Alternate Member to Represent the City of Vernon on the Southeast Community Development Corporation Board of Directors, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7231 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated October 29, 1998, was presented, requesting a loan from the City to the Redevelopment Agency in the amount of $1,807,060 to purchase the Soco-Lynch Property located at 3270 E. Washington Boulevard. This has been reviewed by the City Attorney and it is hereby recommended that the loan in the amount of $1,807,060 be approved. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Clerk, dated October 29, 1998, be received and filed, and that the loan in the amount of $1,807,060 be approved. Motion carried. RESOLUTION NO. 7232 - A Resolution of the City Council of the City of Vernon Approving and Authorizing (1) The Transfer of Funds to the Redevelopment Revolving Fund; (2) The Payment of Monies in the Redevelopment Revolving Fund to the Redevelopment Agency of the City of Vernon; and (3) The Execution of Redevelopment Revolving Fund Loan Agreement No. 4 By and Between the City of Vernon and the Redevelopment Agency of the City of Vernon, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7232 be approved and adopted. Motion carried. Page 4 of 7 City Council Minutes November 3, 1998 Communication from Bruce Olson, Chief of Police, dated July 21, 1998, was presented, requesting authority and funds for Lieutenant James Rodino to attend the Polygraph Work Conference at San Diego on December 7th thru 11th, 1998 with an expense allowance of $584.70. It was moved by Gonzales, seconded by McCormick, that authority be granted for Lieutenant James Rodino to attend the Polygraph Work Conference at San Diego on December 7th thru 11th, 1998 with a total expense allowance of $584.70. Motion carried. Communication from Dave Telford, Fire Chief, dated October 28, 1998, was presented, requesting authority and funds for Captain John Cusolito to attend the Light Urban Search and Rescue Training at Los Angeles County Fire Dept. Training Center on November 16th thru 20th, 1998 with an expense allowance of $180.00. It was moved by Gonzales, seconded by Davis, that authority be granted for Captain John Cusolito to attend the Light Urban Search and Rescue Training on November 16th thru 20th, 1998 with a total expense allowance of $180.00. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 28, 1998, was presented transmitting the Agenda for the Personnel Committee Meeting to be held November 2, 1998, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations listed on the November 2, 1998 Agenda for the Personnel Committee meeting be approved. Motion carried. WARRANT REGISTER NO. 1001 covering claims and demands presented during the period of October 16, 1998 thru October 29, 1998, drawn on Wells Fargo Bank totaling $901,498.19, which includes Demand Nos. 69159 thru 69388 (inclusive), excluding Utility Demands and Void Demands 69245, 69246, 69247, 69248, and 69343, (accounting period November, 1998), was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1001 be approved and payment authorized for claims and demands totaling $901,498.19, excluding Utility Demands and Void demands as listed above. Motion carried. WARRANT REGISTER NO. 1001 covering claims and demands presented during the period of October 16, 1998 thru October 29, 1998, drawn on Wells Fargo Bank totaling $4,000,751.82, which includes Utility Demand Nos. as listed below (accounting period November, 1998), was examined and audited. 69159 69174 69207 69230 69321 69386 69160 69179 69208 69232 69338 69387 69163 69180 69209 69237 69342 69164 69181 69212 69258 69344 69165 69182 69214 69266 69352 69166 69186 69219 69272 69354 69167 69188 69244 69296 69361 69168 69189 69225 69298 69365 69169 69196 69227 69303 69370 69170 69201 69228 69308 69375 69171 69206 69229 69313 69381 Page 5 of 7 City Council Minutes November 3, 1998 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1001 be approved and payment authorized for Utility Claims and Demands totaling $4,000,751.82. 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 that there were no items to be discussed in Closed Session, Item #1. 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 It was moved Gonzales, seconded by Davis, that the Committee go into Closed Session to confer on Item Nos. 2 and 3 listed below, the time being 5:30 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, City Attorney, Director of Community Services and Water, and the Secretary. The Chairman Pro Tem 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 -ANTICIPATED LITIGATION (a) City of Vernon vs. Central Basin, etc., Zastrow, et al. LASC No. BC 130693; (b) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (c) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open access); (d) FERC Docket Nos. ER97-2355, EC96-19-000, ER96- 16,33 and EL96-48 (Restructuring); (e) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (f) 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; (g) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned (h) 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 (i) FERC Docket No. ER98-3594 (ISO); (j) CPUC Application No. 98-07-005; Page 6 of. 7 City Council Minutes November 3, 1998 (k) FERC Docket No. ER98-3760 (ISO); (1) Donald Glaze v. City of Vernon, WCAB No. AHM 027019, 027021, 039637 (m) Unicare Insurance Co. Vs. City of Vernon, Case No. VCO26942 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: One (1) potential case It was moved by McCormick, seconded by Gonzales, that the Committee go out of Closed Session, Item Nos. 2 and 3, and resume regular session, the time being 5:40 p.m. Motion carried. The Director of Community Services was excused at 5:42 p.m. It was moved by Gonzales, seconded by Davis, to accept and ratify the compromise and release in the matter of Donald Glaze v. Vernon, WCAB No. AHM 027019, 027021, and 039637. Motion carried. It was moved by McCormick, seconded by Gonzales that the City Attorney's action in filing a letter in support of the Petition for Rehearing before the court of Appeal in the case of City of Auburn v. U.S. Government, et al., Case Nos. 96-71051, 97-70022 and 97-70920 is 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. ATTEST: Bruce V. Malkenhorst City Clerk Thomas A. Ybarr Mayor Pro Tem Page 7 of 7