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19981117 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 17, 1998 AT 5:00 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 November 3, 1998 be approved as submitted and adopted. Motion carried. A Proclamation of the Mayor and the City Council of the City of Vernon Commending Officer Richard T. Hill in Recognition of the Help and Assistance He Rendered in a Traffic Accident. Lieutenant Towles gave the City Council a summarization of what transpired at the accident and Officer Hill's assistance in what could have been a tragic incident. At this time, the Mayor presented the Proclamation to Officer Hill, which he read in its entirety. Communication from Bruce V. Malkenhorst, City Clerk, dated November 9, 1998, was presented advising that the Chief of Police has selected Lieutenant Steve Towles, and Officer Mike Alway to receive the Police Department's 1998 SPIRITS LEVEL I AWARD based on their outstanding job performance. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated November 9, 1998 be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 12, 1998, was presented advising that the below listed employees have qualified for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Date of Hire Employee Award 02-01-79 Sharon Johnson Budget Auditor 4 Years 10-16-94 Armando Hinojos Systems Coordinator II 4 Years 12-04-89 Deborah Medina Admin. Associate 4 Years 04-01-84 Sergio Rodriguez Resource Scheduler 4 Years 01-01-67 Paul Zook Fire Engineer 4 Years 06-14-92 Marco Reynoso Utilityman 5 Years 10-19-92 Abraham Alemu Associate Engineer 6 Years 08-11-80 Louie Saenz Utilityman 8 Years 10-01-87 Jerry Schreiber Senior Elec. Inspector 11 Years The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. City Council Minutes November 17, 1998 The following employees were unable to attend the meeting and their awards were accepted by their respective department head. 02-29-88 01-07-91 01-07-91 05-12-80 11-16-87 03-18-84 01-03-89 06-26-89 09-18-89 06-03-74 Jose Alvarez Utilityman Chris Hanson Firefighter Jason Haugen Firefighter Joe Jimenez Systems Coordinator II Martha Parra Transcriber/Typist Michael DeFrank Engineering Aide Robert Valenzula Systems Coordinator Peter Gantes Firefighter David Shea Fire Engineer Ron Anderson Foreman The Mayor called a recess at 5:12 p.m. 2 Years 2 Years 2 Years 3 Years 3 Years 4 Years 4 Years 5 Years 7 Years 17 Years The Council reconvened at 5:15 p.m., all members present before the recess again being present. Police Department Activity Log for the period November 1st thru 15th, 1998, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period November 1st thru 15th, be received and filed. Motion carried. Fire Department Activity Report for the period November 1st thru 15th, 1998, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Log for the period November 1st thru 15th, 1998, be received and filed. Motion carried. Health Department Report for the month of October, 1998, was presented. It was moved by Davis, seconded by Gonzales, that the Health Department Report for the month of October, 1998 be received and filed. Motion carried. Risk Management Report for the month of October, 1998, was presented. It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of October, 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 City Council. Joseph Pac, of Pacific Bell addressed the City Council and briefly discussed the 323 Area Code change. With regard to Ordinance 1067, the City Attorney advised that, after further review, certain revisions were necessary to the following Ordinance after its first reading at the November 3, 1998 City Council Meeting, which have now been made; and therefore, it is necessary to have a First Reading for the revised Ordinance being presented here tonight. Page 2 of 10 City Council Minutes November 17, 1998 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 Ybarra that Ordinance No. 1067 be approved for a First Reading. Motion carried. The City Clerk advised the Council that the following matter 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. (Deferred from City Council meeting held November 3, 1998). It was moved by Davis, seconded by McCormick, that Ordinance No. 1068 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 9, 1998, was presented transmitting a proposed Trusty Program developed for the Vernon Police Department as submitted by the Chief of Police. This program requires prisoners, serving as trusties, to perform labor in connection with the program under the direction of the Chief of Police, and pursuant to the guidelines. The City cannot order a trusty to release the City from liability for personal injuries incurred while performing work the City has ordered the trusty to perform. A release that is not freely given is unenforceable. It does not appear legally possible to obtain a release from a trusty for injuries sustained while performing other labor while in custody. If a trusty is "deemed" an employee, then it would not be possible to have the "Employee" waive his or her right to worker's compensation benefits. If a trusty performs labor because the City Council has ordered that prisoners should work, the element of coercion involved would render a release unenforceable. However, there are liability implications in ordering or not ordering prisoners in the City jail to perform labor. There are two release forms --one for "deemed" City employees, and one for trusties. The City employees' form only waives the right to sue the City for property damage. The second form, waives the liability for Personal Injury or Property Damage and would only apply to services rendered under the coupon purchase program. Upon entry into the program, a prisoner will be required to sign a waiver that would waive liability against the City should a trusty become injured. This program has been reviewed by the Chief of Police and the City Attorney and it is hereby recommended that the program be approved and implemented to the fullest extent possible. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated November 9, 1998 be received and filed, and that his recommendation be approved. Motion carried. Page 3 of 10 City Council Minutes November 17, 1998 ORDINANCE NO. 1066 - An Ordinance of the City Council of the City of Vernon Amending Section 16.32 of the Code of the City of Vernon, California, 1959, to Require Prisoners Confined in the City Jail to Perform Labor on the Public Works and Ways as Directed by the Chief of Police 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 McCormick, seconded by Davis, that Ordinance No. 1066 be approved for a first reading. Motion carried. RESOLUTION NO. 7211 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Implementation of a Trusty Program at the Vernon City Jail, was presented. It was moved by Ybarra, seconded by Davis that Resolution No. 7211 be approved and adopted. Motion carried. The City Attorney advised that the following matter be removed from the agenda at this time. 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 November 3, 1998). It was moved by Ybarra, seconded by Davis, that the aforementioned matter pertaining to the Alameda Corridor Transportation Authority (ACTA) be removed from the Agenda and no further action taken at this time. Motion carried. RESOLUTION NO. 7233 - A Resolution of the City Council of the City of Vernon Amending the Program Guidelines for the City of Vernon Infrastructure Loan Program (Community Development Block Grant No. 95-EDBG-390) As Submitted to the State Department of Housing and Community Development to Include Funding of Equipment and Machinery Purchases, was presented. It was moved Ybarra, seconded by Davis, that Resolution No. 7233 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 12, 1998, was presented advising that Princess Paper located at 3351 Slauson Avenue has applied for Community Development Block Grant (CDBG) Project funding. Princess Paper has applied for $200,000 to be used for various on -site improvements, i.e., machinery and equipment. The Director of Community Services and Water has reviewed the application, and it is hereby recommended that City Council make findings that: 1) the proposed activities are exempt from environmental review requirements under NEPA; 2) the project is categorically exempt from the California Environmental Quality Act (CEQA); and, 3) the CDBG loan be approved for Princess Paper. Page 4 of 10 City Council Minutes Kevin Wilson, Director Water, addressed the City Council conditions they should require of identified below: November 17, 1998 of Community Services and and advised them of certain Princess Paper, which are 1. Execute a Personal guarantee from all principals guaranteeing repayment must be obtained. 2. A UCC-1 filing on the Equipment to be purchased in favor of the City of the City of Vernon. An executed Note and Deed of Trust in the amount of the total CDBG funds be recorded on behalf of the City of Vernon as a lien, in no less than second position on real-estate and first position on the above mentioned equipment. 3. Ensure that all liens on subject property (City Loan included) are not greater than the present appraised value of the property; 500 of appraised value for said equipment and 80% of appraised value of real property. 4. Applicant shall provide an executed loan agreement and employment agreement. 5. City staff should ensure and document that funds are disbursed only after the applicants match/equity has been expended (10% of total project cost at minimum). Mr. Wilson also advised that these conditions are based on the review of the loan request by our consultants. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated November 12, 1998, be received and filed, his recommendations be approved, and that the conditions presented by the Director of Community Services be adhered to. Motion carried. RESOLUTION NO. 7234 - A Resolution of the City Council of the City of Vernon Approving the Loan Application Submitted by Princess Paper, Inc. and Approving and Authorizing the Execution of: (i) A Loan Agreement By and Between the City of Vernon and Princess Paper, Inc. for Infrastructure Improvements at 3351 East Slauson Avenue; (ii) A Personal Loan Guaranty on Commercial Loan with Respect to Said Loan; and (iii) A TIG Benefit Non -Financial Employment Plan Agreement By and Between the City of Vernon and Princess Paper Inc., All Pursuant to the 95-EDBG-390 Vernon Infrastructure Loan Program, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7234 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 12, 1998, was presented advising that D/K Environmental has applied for Community Development Block Grant (CDBG) Project funding. D/K Environmental located at 3650 E. 26th Street has applied for $73,018.00 to be used for various on - site improvements, i.e., parking lot improvements. The Director of Community Services and Water has reviewed the application, and it is hereby recommended that City Council make findings that: 1) the proposed activities are exempt from environmental review requirements under NEPA; 2) the project is categorically exempt from the California Environmental Quality Act (CEQA); and, 3) the CDBG on -site improvement loan be approved for DK Environmental. Kevin Wilson, Director of Community Services and Water, addressed the City Council and advised them of certain conditions they should require of D/K Environmental, which are identified below: Page 5 of 10 City Council Minutes November 17, 1998 1. Execute a Corporate guarantee, guaranteeing repayment must be obtained. 2. An executed Note and Deed of Trust in the amount of the total CDBG funds be recorded on behalf of the City of Vernon as a lien, in no less than first position on the subject property. 3. Ensure that all liens on subject property (City Loan included) do not have a liability greater than the 60% of the present appraised value of the property ($900,000). 4. Applicant shall provide an executed loan agreement and employment agreement. 5. City staff should ensure and document that funds are disbursed only after the applicants match/equity has been expended. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated November 12, 1998, be received and filed, his recommendations be approved, and that the conditions presented by the Director of Community Services be adhered to. Motion carried. RESOLUTION NO. 7235 - A Resolution of the City Council of the City of Vernon Approving the Loan Application Submitted by D/K Environmental and Approving and Authorizing the Execution of: (i) A Loan Agreement By and Between the City of Vernon and DK Environmental, Inc. for Infrastructure Improvements at 3650 East 26th Street; (ii) A Loan Guaranty on Commercial Loan with Respect to Said Loan; and (iii) a TIG Benefit Non -Financial Employment Plan Agreement By and Between the City of Vernon and DK Environmental, Inc., All Pursuant to the 95-EDBG-390 Vernon Infrastructure Loan Program, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7235 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water dated October 29, 1998, was presented transmitting a fully executed Grant Deed from Daniel C. Fessenden Company, dba California Warehouse Company located at the northwest corner of Fruitland Avenue and Loma vista Avenue to be used for street purposes, and recommending that the Grant Deed be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same. It was moved by Ybarra, seconded by Gonzales, that the Grant Deed from Daniel C. Fessenden Company, dba California Warehouse Company be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water dated November 9, 1998, was presented transmitting a fully executed Easement Agreement from Loretta Dodd Trust for portions of property on 3805 and 3809 Soto Street to be used for Utility purposes, and recommending that the Easement Agreement be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. It was moved by McCormick, seconded by Gonzales, that the Easement Agreement from Loretta Dodd Trust be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. Motion carried. Page 6 of 10 City Council Minutes November 17, 1998 Communication from Kevin Wilson, Director of Community Services and Water dated November 4, 1998, was presented requesting authority and funds for Civil Engineer Brian Adel to attend the How to Manage Construction Projects so Disputes are Completely Eliminated or Resolved Quickly on December 9th & 10th, 1998, with a expense allowance of $961.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Civil Engineer Brian Adel to attend the aforementioned seminar with an expense allowance of $961.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated November 6, 1998, was presented requesting authority and funds for Sergeant Alfred Jaime to attend the Major Assault Crimes Investigation Course on December 14t'' thru 18th, 1998, with an expense allowance of $89.00, of which $79.00 will be reimbursed by Post. It was moved by Gonzales, seconded by McCormick, that authority be granted for Sergeant Alfred Jaime to attend the aforementioned course with an expense allowance of $89.00. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 12, 1998, was presented transmitting the Agenda for the Personnel Committee Meeting to be held November 16, 1998 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations listed on the November 16, 1998 Agenda for the Personnel Committee meeting be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 12, 1998, was presented transmitting the Agenda for the Adjourned Regular Finance Committee meeting to be held November 16, 1998 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations listed on the November 16, 1998 Agenda for the Adjourned Regular Finance Committee meeting be approved. Motion carried. RESOLUTION NO. 7236 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: Community Services, City Administrator/City Clerk (Health), Fire, Utilities, and Police, Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7236 be approved and adopted. Motion carried. WARRANT REGISTER NO. 1002 covering claims and demands presented during the period of October 30, 1998 thru November 12, 1998, drawn on Wells Fargo Bank totaling $521,517.70, which includes Demand Nos. 69389 thru 69579 (inclusive), excluding Utility Demands and Void Demands 69433, 69438, 6943.9, 69440, 69441, and 69442, (accounting period November, 1998) was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1002 be approved and payment authorized for claims and demands totaling $521,517.70, excluding Utility Demands and Void Demands listed above. Motion carried. Page 7 of 10 City Council Minutes November 17, 1998 WARRANT REGISTER NO. 1002 covering claims and demands presented during the period of October 30, 1998 thru November 12, 1998, drawn on Wells Fargo Bank totaling $2,284,978.88, which includes Utility Demand Nos. as listed below, (accounting period November, 1998) was examined and audited. 69393 69428 69477 69542 69399 69429 69486 69544 69402 69432 69505 69546 69405 69436 69508 69553 69408 69444 69514 69558 69409 69447 69516 69568 69418 69452 69518 69570 69419 69456 69522 69572 69420 69457 69528 69573 69421 69458 69531 69574 69422 69471 69534 69579 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1002 be approved and payment authorized for Utility Claims and Demands totaling $2,284,978.88 . 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. PAYROLL WARRANT REGISTER NO. 509 covering claims and demands presented during the period of September 13, 1998 thru October 10, 1998, drawn on Wells Fargo Bank totaling $1,684,448.89 which includes Demand Nos. 5936 thru 5971 (inclusive), (accounting period October, 1998) was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No. 509 be approved and payment authorized for claims and demands totaling $1,684,448.89. Motion carried. The Mayor called a recess at 5:41 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 Davis, that the Council go into Closed Session, Item No. 1, the time being 5:45 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, Chief Deputy City Clerk, Chief of Police, City Attorney, Police Captain, Eduardo Olivo, Legal Associate from the City Attorney's Office, and Robert Wexler, Attorney for the Police Officer. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. There was a Court Reporter present during the Hearing to record the proceedings of this appeal. 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) Police Officer Bill of Rights Appeal Government Code §3304(b) It was moved by Ybarra, seconded by Davis, that the City Council go out of Closed Session Personnel, the time being 6:50 p.m. Motion carried. Page 8 of 10 City Council Minutes November 17, 1998 It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session, Item Nos. 2 and 3, the time being 6:50 p.m. Motion carried. The Chief of Police and Captain were excused at 6:51 p.m. All persons were excluded from Closed Session except the City Clerk, City Attorney, Chief Deputy City Clerk, and Legal Associate from the City Attorney's Office. 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 -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 19079; (i) FERC Docket No. ER98-3594 (ISO); (j) CPUC Application No. 98-07-005; (k) FERC Docket No. ER98-3760 (ISO); (1) 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 Ybarra, that the Council go out of Closed Session and resume regular session, the time being 7:00 p.m. Motion carried. Page 9 of 10 City Council Minutes November 17, 1998 It was moved by Ybarra, seconded by Davis, that the appeal from the Police Officer be denied. Motion carried. It was moved by Davis, seconded by Gonzales, that the City Attorney be authorized to join in an amicus brief on behalf of the City of Vernon to be filed by Andrea Saltzman of Meyers, Nave, Riback, Silver & Wilson on behalf of the League of California Cities' Legal Advocacy Committee in Siera Club v. San Joaquin LAFCO. Motion carried. It was moved by Davis, 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 Gonzales, that the meeting adjourn. Motion carried. ATTEST BY: Bruce V. Malkenhorst City Clerk eonis C. Ma burg Mayor Page 10 of 10