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19990105 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 5, 1999 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, Gonzales, Davis MEMBERS ABSENT: McCormick, 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 December 8th and 15th, 1998, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 29, 1998, was presented advising that Meter Reader Brian Montoya has been selected to receive a 1999 Level I SPIRITS Award for the Utilities Department based on his Superior Performance for the past 12 months. Police Department Activity Log for the period December 15th thru 315t, 1998, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period December 15th thru 315t, 1998, be received and filed. Motion carried. Fire Department Activity Report for the period December 15th thru 31st, 1998, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period December 15th 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. There was no one wishing to address the City Council. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a request from Postal Freight, Inc. for a Conditional Use Permit to operate a trucking and freight terminal at 2065 Ross Street in the City of Vernon. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Postal Freight, Inc. for a Conditional Use Permit to operate a trucking and freight terminal at 2065 Ross Street in the City of Vernon, the time being 5:08 p.m. Motion carried. Mr. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. City Council Meeting Minutes January 5, 1999 Mr. Wilson, Director of Community Services & Water, also advised of a change to the conditions and submitted his letter of January 4, 1999 changing condition "J" to read: j. A hazardous materials permit shall be obtained from the City of Vernon Environmental Health Department if hazardous materials/waste are used handled or stored. Hazardous materials/waste shall be handled and managed in compliance with all appropriate federal, state, and local laws. Communication from Kevin Wilson, Director of Community Services and Water, dated December 29, 1998, was presented, advising that Postal Freight, Inc. has applied for a conditional use permit to operate a trucking and freight terminal at 2065 Ross Street. Herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. The project is categorically exempt from the California Environmental Quality Act because it is an existing facility with no expansion of use as defined in Section 15301. A Notice of Exemption will be prepared. In my opinion the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment. The project is consistent with the General Plan as adopted by the City of Vernon. Based upon staff's review of the application, it is recommended that the City Council determine: 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. It is further recommended that the conditional use permit be granted subject to the following conditions: a. The facility shall be operated in accordance with, and made to conform with all current codes, rules, regulations and subject to permit fees as adopted by the City of Vernon. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2065 Ross Street in the City of Vernon. b. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. Page 2 of. 9 City Council Meeting Minutes January 5, 1999 C. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. Where parking or maneuvering areas adjoin the public street a barrier wall or landscaping shall be installed and maintained to meet City standards. Adequate on -site parking shall be maintained so that no on -street parking will occur. d. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal services. e. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. f. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. g. No equipment or freight shall be stored on the site other than in buildings, trailers or on the docks. h. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources, if required. i. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. j. A hazardous materials inventory and business/contingency, plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/waste shall be handled and managed in compliance with all appropriate federal, state and local laws. k. The facility shall be operated in a manner that will not impede traffic on Ross Street. 1. All existing cracked sidewalk, curb and gutter adjacent to the site in Ross Street shall be repaired and maintained to meet City Standards. M. The site shall not generate more than 14 truck trips (7 inbound and 7 outbound) per day. Mayor asked if the City Council had any questions or comments. The City Clerk asked how we would monitor the number of trips inbound and outbound. Mr. Wilson advised that this is done annually based on the reports that, by law, must be submitted. The Clerk asked how the Alameda Project would affect this. Mr. Wilson briefly summarized the streets that would be affected by the Alameda Corridor Project and what alternatives would be available at that time. Page 3 of 9 City Council Meeting Minutes January 5, 1999 It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the request from Postal Freight, Inc. for a Conditional Use Permit to operate a trucking and freight terminal at 2065 Ross Street in the City of Vernon. Motion carried. It was moved by Ybarra, seconded by Davis, that the communications from the Director of Community Services & Water dated December 29, 1998 and January 4, 1999 and all supporting documents submitted as evidence during the Public Hearing, be received and filed. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council determine that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Ybarra, seconded by Gonzales, that Council determine that the project will not have a significant effect on the environment. Motion carried. It was moved by Davis, seconded by Ybarra, that the Council determine that the project will not individually or cumulatively have an adverse effect on wildlife resources and that the conditional use permit be granted subject to conditions listed on the communication submitted during the Public Hearing. Motion carried. RESOLUTION NO. 7256 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Postal Freight, Inc. for the Operation of a Trucking and Freight Terminal at 2065 Ross Street, was presented It was moved by Gonzales, seconded by Davis, that Resolution No. 7256 be approved and adopted. Motion carried. The City Clerk advised the Council that the following matter should be deferred to the next City Council meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated'December 10, 1998, advising the Police Department has applied for and received a 1998 grant from the COPS MORE program amounting to $165,424.00. One of the requirements of the program is that the agency must have an Equal Employment Opportunity Plan. This plan, developed by Risk Management, has been reviewed by the Chief of Police and the City Attorney, and it is hereby recommended that Council adopt the City of Vernon Equal Employment Opportunity Plan to fulfill the requirements of the COPS MORE 1998 Award program. (Deferred from City Council Meeting held December 15, 1998.) It was moved by Ybarra, seconded by Davis, that the above mentioned communication be deferred to the next City Council meeting. Motion carried. The City Clerk advised the Council that the following matter and Resolution No. 7255 should be removed from the Agenda and no further action taken at this time. Consideration of a Brokering Agreement Between the City of Vernon and California Polar Power Brokers, LLC. as submitted by Kenneth J. DeDario, Director of Utilities, dated December 10, 1998. (Deferred from City Council Meeting held December 15, 1998.) Page 4 of 9 City Council Meeting Minutes January 5, 1999 RESOLUTION NO. 7255 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Brokering Agreement By and Between the City of Vernon and California Polar Power Brokers, LLC ("CALPOL") Providing for the Facilitation of Power Transactions on Behalf of the City of Vernon. (Deferred from City Council Meeting held December 15, 1998.) It was moved by Ybarra, seconded by Gonzales, that the above mentioned communication and Resolution No. 7255 be removed from the Agenda and no further action taken at this time. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 10, 1998, was presented requesting authority and funds for Detective Richard Harvison to attend the Informant Development & Maintenance Course at San Rafael on January 11th thru 14th, 1999 with an expense allowance of $673.72 of which $687.12 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Detective Richard Harvison to attend the Informant Development & Maintenance Course with an expense allowance of $673.72. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 22, 1998, was presented requesting authority and funds for Records Manager Elizabeth Sawickis and Assistant Records Manager Theresa Nicholas to attend the First Annual User's Training Conference at Brea on January llth thru 13th, 1999 with an expense allowance of $133.00 each. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Records Manager Elizabeth Sawickis and Assistant Records Manager Theresa Nicholas to attend the First Annual User's Training Conference with an expense allowance of $133.00 each. Motion carried. Communication from Dave Telford, Fire Chief, dated December 28, 1998, was presented requesting authority and funds for Captain Dan Kimes and Engineer Rory Moore to attend the Truck Operations Class at Ben Clark Training Center, Riverside Community College on January 25th thru February 5th, 1999 with an expense allowance of $400.00 each. It was moved by Gonzales, seconded by Ybarra, that authority and funds be granted for Captain Dan Kimes and Engineer Rory Moore to attend the Truck Operations Class at Ben Clark Training Center with an expense allowance of $400.00 each. Motion Carried. Communication from Dave Telford, Fire Chief, dated December 28, 1998, was presented requesting authority and funds for Firefighters Jeff Graves and Chris Hanson to attend the 1999 California Conference of Arson at San Luis Obispo on January 25th thru 27th, 1999 with an expense allowance of $676.00 and $379.00 respectively. It was moved by Davis, seconded by Gonzales, that authority and funds be granted for Firefighters Jeff Graves and Chris Hanson to attend the 1999 California Conference of Arson with an expense allowance of $676.00 and $379.00 respectively. Motion carried. Page 5 of 9 City Council Meeting Minutes January 5, 1999 Communication from Ken DeDario, Director of Utilities, dated December 29, 1998, was presented requesting authority and funds for Engineering Aide Timothy F. Bass to attend the General Orders 95/128 Rules Committee Spring 1999 General Meeting at Palm Springs on February 9th thru 11t', 1999 with an expense allowance of $442.64. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Engineering Aide Timothy F. Bass to attend the General Orders 95/128 Rules Committee Spring 1999 General Meeting with an expense allowance of $442.64. Motion carried. Communication from Ken DeDario, Director of Utilities, dated December 29, 1998, was presented requesting authority and funds for Electronics Technician Antonio Lopez and Electrical Engineer Ali Nourmohamadian to attend the Quarterly EUSERC (Electric Utility Service Requirement Committee) Meeting at Las Vegas on February 3rd thru 5t'', 1999 with an expense allowance of $402.82 and $397.82 respectively. It was moved by Gonzales, seconded by Davis, that authority be granted for Electronics Technician Antonio Lopez and Electrical Engineer Ali Nourmohamadian to attend the Quarterly EUSERC (Electric Utility Service Requirement Committee) Meeting with an expense allowance of $402.82 and $397.82 respectively. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water dated December 29, 1998, was presented requesting authority and funds for Engineering Aide Wenceslao Reynoso to attend the Overview of the Uniform Building Code at Industry Hills on January 26th & 27t'', 1999 with an expense allowance of $233.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Engineering Aide Wenceslao Reynoso to attend the Overview of the Uniform Building Code with an expense allowance of $233.00. Motion carried. WARRANT REGISTER NO. 1005 covering claims and demands presented during the period of December 11th thru December 30t', 1998, drawn on Wells Fargo Bank totaling $332,568.83, which includes Demand Nos. 69910 thru 70129 (inclusive), excluding Utility Demands and Void Demands as listed below (accounting period January, 1999 was examined and audited. 69955 69958 69984 69985 69986 69987 69988 70084 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1005 be approved and payment authorized for claims and demands totaling $332,568.83, excluding Utility Demands and Void Demands listed above. Motion carried. Page 6 of 9 City Council Meeting Minutes January 5, 1999 WARRANT REGISTER NO. 1005 covering claims and demands presented during the period of December llth thru December 29th, 1998, drawn on Wells Fargo Bank totaling $1,822,043.64, which includes Utility Demand Nos. as listed below (accounting period January, 1999) was examined and audited. 69919 69954 70023 70090 69921 69960 70037 70097 69925 69961 70040 70099 69941 69962 70046 70100 69944 69964 70050 70101 69945 69965 70053 70103 69949 69968 70055 70111 69950 69970 70060 70118 69951 69996 70062 70123 69952 70006 70080 70127 69953 70012 70085 70128 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1005 be approved and payment authorized for Utility Claims and Demands totaling $1,822,043.64. 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 for the City of Vernon to act as the Scheduling Coordinator for Sunlaw as submitted by the Director of Utilities, Ken DeDario on December 29, 1998. Ken DeDario, Director of Utilities, addressed the City Council and briefly summarized this matter. RESOLUTION NO. 7259 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Agreement for Vernon to Serve as the Scheduling Coordinator for Sunlaw Cogeneration Partners I and to Authorize the Director of the Utilities Department to be the City's Representative to Approve and Execute Procedures and a Power Sale Arrangement, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7259 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated December 28, 1998, was presented transmitting the Agenda for the Adjourned Finance Committee Meeting to be held January 4, 1999 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations listed on the January 4, 1999 Agenda for the Adjourned Finance Committee meeting be approved. Motion carried. RESOLUTION NO. 7257 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. 11 to the Administrative Services Agreement (GUSI-2R04, GUSI-2R05 and GUSI-9V57) By and Between the City of Vernon and United of Omaha Life Insurance Company, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7257 be approved and adopted. Motion carried. RESOLUTION NO. 7258 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Renewal and Execution of the Master Stop Loss Policy (GUG-2R03) By and Between the City of Vernon and United of Omaha Life Insurance Company, was presented. Page 7 of 9 City Council Meeting Minutes January 5, 1999 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7258 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 28, 1998, was presented transmitting the Agenda for the Personnel Committee Meeting to be held January 4, 1999 for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations listed on the January 4, 1999 Agenda for the Personnel Committee meeting be approved. Motion carried. The Mayor called a recess at 5:47 p.m. The Council reconvened in regular session at 5:49 p.m., all members present before the recess again being present. The City Clerk advised that there was nothing to be discussed in Closed Session Item No. 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 by Ybarra, seconded by Davis, that the Council go into Closed Session, Item Nos. 2 & 3, the time being 5:48 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, and 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 -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; Page 8 of 9 City Council Meeting Minutes January 5, 1999 (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 Ybarra, seconded by Davis, that the Committee go out of Closed Session and resume Regular Session, the time being 6:07 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Attorney's actions in intervening in FERC Docket No. ER99- 896-000 (California Independent System Operator) are hereby ratified. Motion carried. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by Davis, that the meeting adjourn. Motion carried. 1:Leyor onis C. Ma urg ATTEST: Bruce V. Malkenhorst City Clerk Page 9 of 9