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19991207 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 7, 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, McCormick 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 Adjourned City Council Meeting held November 23, 1999, be approved as submitted and adopted. Motion carried. The City Clerk announced that now was the time to present Service Pins. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council. Daniel O'Neil Mason Chancey Elias Zepeda Francisco Saldana Police Officer Police Officer Utilityman III Utilityman III 20 Years 20 Years 10 Years 10 Years The Mayor called a short recess, the time being 5:03 p.m. Council reconvened at 5:06 p.m., all members present before the recess again being present. Police Department Activity Log for the period November 16th thru 30th, 1999, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period November 16th thru 30th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period November 16th thru 30th, 1999, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period November 16th thru 30th, 1999, 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 variance application from BrandLab, Inc., to utilize eight (8) nonconforming truck loading docks at 4355 Fruitland Avenue in the City of Vernon. City Council Minutes December 7, 1999 It was moved by Gonzales, seconded by Ybarra, to open the Public Hearing to consider a request from Brandlab, Inc. for a Variance application, the time being 5:08 p.m. Motion carried. Kevin Wilson, Director of Community Services and Water addressed the City Council and advised that it has been determined that staff needs additional information and recommends that the Public Hearing be continued to the next City Council meeting. Justin Binfordi, on behalf of Brandlab, Inc., advised that they are aware of the needs of the Director of.Community Services and Water and will work diligently to get this information to them before the next City Council meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated December 2, 1999 advising that Brandlab, Inc. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards, for the property located at 4355 Fruitland Avenue in the City of Vernon. The variance is to allow the use of eight (8) non -conforming truck loading spaces. All the loading spaces, however, will be restricted to trucks that do not extend into the public right-of-way. Submitted herewith are the following documents: 1) Staff report. 2) Application for variance. 3) Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing. It was moved by McCormick, seconded by Davis, that the Public Hearing on the Variance application be continued to the next City Council meeting, the time being 5:11 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 29, 1999, was presented, advising that Chief of Police, Bruce Olson, has selected Police Sergeant, Daniel Calleros to receive a 1999 Level I Department SPIRITS Award. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk, dated November 29, 1999, be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 29, 1999, was presented, advising that in December, 1998, this Council adopted Ordinance No. 1067, which requires solid waste collection companies doing business in Vernon to apply for a non-exclusive franchise agreement with the City. The Ordinance also allows for new solid waste companies to enter into a non-exclusive franchise agreement with the City at any time with approval of the City Council. Currently, there are thirty-one (31) solid waste collection companies with active franchise agreements. We have received two additional franchise agreement packets, one from OK Disposal Services, Inc. and one from Gemini Disposal, Inc. All necessary documentation has also been received. This has been reviewed by the Director of Environmental Health and City Attorney, and it is hereby recommended that the franchise agreement for OK Disposal Services, Inc. and Gemni Disposal, Inc. be approved and executed. Page 2 of 7 City Council Minutes December 7, 1999 It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk, dated November 29, 1999, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7456 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of Two Additional Non -Exclusive Solid Waste Franchise Agreements Pursuant To Article VI Of Chapter 12 Of The Vernon City Code By And Between The City Of Vernon And OK Disposal Services And Gemini Disposal, Inc., was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7456 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 29, 1999, was presented, advising that Hampton Properties is the owner of two (2) adjoining parcels of land located at 2520 Chambers Street and 4646 Hampton Street in the City of Vernon. They have requested an adjustment of the boundary lines between the parcels. The boundary line adjustment will result in a reconfiguration of the two parcels. This has been reviewed by the Director of Community Services and Water and the City Attorney, and it is hereby recommended that the requested lot line adjustment be granted. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk, dated November 29, 1999, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7455 - A Resolution Of The City Council For The City Of Vernon Approving A Lot Line Adjustment Requested By Hampton Properties, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7455 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 29, 1999, was presented, advising that X.A. Partners, LLC is the owner of two (2) adjoining parcels of land located at 5233 and 5383 Alcoa Avenue in the City of Vernon. They have requested an adjustment of the boundary lines between the parcels. The boundary line adjustment will result in a portion of land being transferred from the northerly parcel to the southerly parcel. This has been reviewed by the Director of Community Services and Water and the City Attorney, and it is hereby recommended that the requested lot line adjustment be granted. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Clerk dated November 29, 1999, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7454 - A Resolution Of The City Council For The City Of Vernon Approving A Lot Line Adjustment Requested By X.A. Partners, LLC, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7454 be approved and adopted. Motion carried. Page 3 of 7 City Council Minutes December 7, 1999 Communication from Bruce Olson, Chief of Police, dated November 30, 1999, was presented, requesting authority and funds for Francesco Pirello, Detective, to attend the Criminal Investigation Core Course at San Diego on January 24th thru February 4th, 2000, with an expense allowance of $1358.20. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Detective Francesco Pirello to attend the aforementioned course with an expense allowance of $1358.20. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 1, 1999, was presented, requesting authority and funds for Claudia Aguilar, Secretary in the Risk Management Office, to attend the Insurance Law of California Seminar at Pasadena on January 11, 2000, with an expense allowance of $225.00. It was moved by Davis, seconded by McCormick, that authority and funds be granted for Claudia Aguilar to attend the aforementioned seminar with an expense allowance of $225.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 1, 1999, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant, to attend the PARMA Annual Risk Manager's Conference at Palm Springs on February 9th thru llth, 2000, with an expense allowance of $603.92. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Joan Francone to attend the aforementioned conference with an expense allowance of $603.92. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 2, 1999, was presented, transmitting the Agenda for the Personnel Committee meeting to be held December 6, 1999, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations listed on the December 6, 1999 Agenda for the Personnel Committee meeting be approved. Motion carried. WARRANT REGISTER NO. 1030 covering claims and demands presented during the period of November 19th, thru December 2nd, 1999, drawn on Wells Fargo Bank totaling $1,793,188.18, and includes check Nos. 75129 thru 75333 (inclusive), excluding Utility demands and Voided checks as listed below (accounting period December, 1999), was examined and audited. 75157 75160 75173 75197 75198 75199 75200 75201 75238 It was moved by Davis, seconded by Ybarra, Register No. 1030 be approved and payment authorized and demands totaling $1,793,188.18, excluding Utility Voided checks as listed above. Motion carried. that Warrant for claims demands and Page 4 of 7 City Council Minutes December 7, 1999 WARRANT REGISTER NO. 1030 covering claims and demands presented during the period of November 19th, thru December 2nd, 1999, drawn on Wells Fargo Bank totaling $3,083,346.92, which includes Utility demands and check Nos. as listed below: (accounting period December, 1999), was examined and audited. 75129 75134 75135 75138 75139 75141 75142 75175 75180 75183 75185 75189 75192 75193 75195 75202 75204 75210 75214 75218 75225 75239 75240 75242 75261 75281 75285 75291 75298 75318 75321 75325 75327 75331 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1030 be approved and payment authorized for Utility claims and demands totaling $3,083,346.92. 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 5:34 p.m. The Council reconvened in Regular Session at 5:38 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Ybarra, that the City Council go into Closed Session, Item Nos. 2 & 3, the time being 5:38 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, Director of Community Services and Water, 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 § 54956.9. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (a) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway,-CPUC Case No. 96-01-019; (b) FERC Docket Nos. OA96-76, OA97-602, OA97-604, ER96-222, (open access); (c) FERC Docket Nos. ER97-2355, EC 96-19-000, ER96-1633 and EL96- 48 (Restructuring); (d) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (e) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; (f) FERC Docket No. ER98-3594 (ISO); (g) CPUC Application No. 98-07-005; (h) FERC Docket No. ER98-3760 (ISO); Page 5 of 7 City Council Minutes December 7, 1999 (i) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (j) Casmalia Disposal Site, Santa Barbara County, California, U.S. EPA Docket No. 99-02; (k) Utility Boring v. City of Vernon, et al., Norwalk Superior Court No. VC 029477; (1) Piping Services, Inc. v. City of Vernon, et al., Norwalk Superior Court No. VC 029803 3. With respect to every item of business to be discussed in Closed Session pursuant to subdivision(b) of Government Code § 54956.9. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation: One (1) potential case. It was moved by Gonzales, seconded by Davis, that the Council go out of Closed Session pertaining to Item Nos. 2 and 3 and resume Regular Session, the time being 5:40 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Council go into Closed Session, Item No. 1, the time being 5:40 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, Director of Community Services & Water, Chief Deputy City Clerk, and the Utilityman I. 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 Director of Community Services & Water and the Utilityman were excused at 5:48 p.m. The Account Clerk entered Closed Session at 5:48 p.m. The Account Clerk was excused at 5:52 p.m. The Chief Deputy City Clerk and City Attorney were excused at 5:54 p.m. It was moved by Gonzales, seconded by Ybarra, that the City Council go out of Closed Session pertaining to Item No. 1 and resume Regular Session, the time being 5:55 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the disciplinary action for the Utilityman be approved as recommended by the Director of Community Services & Water. Motion carried. Page 6 of 7 City Council Minutes December 7, 1999 It was moved by Davis, seconded by McCormick, that the disciplinary action for the Account Clerk be approved as recommended by the City Administrator. 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. eonis C. Ma burg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 7 of 7