20000711 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD JULY 11, 2000
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, McCormick, 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 June 20, 2000, be
approved as submitted and adopted. Motion carried.
RESOLUTION NO. 7575 - A Resolution Of The City Council
of The City Of Vernon Commending Dave Telford For His Many Years
of Service To The City Of Vernon, was read in its entirety by
the City Clerk.
It was moved by Gonzales, and seconded by McCormick,
that Resolution No. 7575 be approved and adopted. Motion
carried.
The City Clerk announced that now was the
time to
present the Service Pins.
The Mayor presented Service Pins to the following
employees and extended congratulations on behalf of
the entire
City Council.
James Wohlt
Police Lieutenant
20 years
Chris Romero
Administrative Aide I
10 years
Debra Nickens
Account Clerk
10 years
The following employees were unable to attend
the meeting
and their Service Pins were
accepted by their respective
department
heads.
Michael Chavez
Police Sergeant
15 years
Jorge Somoano
Asst. Dir. Of Resource
15 years
Management
Martin Sanchez
Systems Coordinator II
15 years
Benjamin Potter
Vernon Service Officer
10 years
Gustavo Alvarran
Police Officer
5 years
The Mayor called a short recess at 5:05 p.m. The City
Council reconvened at 5:07 p.m., all members present before the
recess again being present.
Police Department Activity Log for the period June 16th
thru 30th, 2000, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period June 16th thru
30th, 2000, be received and filed. Motion carried.
Fire Department Activity Report for the period June
16th thru 30th, 2000, was presented.
City Council Minutes
July 11, 2000
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period June 16th thru
315t, 2000, 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.
There was no one wishing to address the City Council.
The City Council Clerk announced that now was the time
to open the PUBLIC HEARING to consider a request from Pacific
Arrow Express for a Conditional Use Permit to allow the applicant
to operate a trucking and freight terminal.
It was moved by Davis, seconded by Ybarra, to open the
Public Hearing to consider a request from Pacific Arrow Express
for a Conditional Use Permit, the time being 5:08 p.m. Motion
carried.
The Director of Community Services & Water, Kevin
Wilson, addressed to City Council and presented a brief report
and summarized his staff report.
The City Clerk asked where the access to the facility
was?
Kevin Wilson, Director of Community Services and Water,
advised that it was on Ross Street.
Communication from S. Kevin Wilson, Director of Community
Services and Water, dated July 5, 2000, was presented, advising that
Pacific Arrow Express has applied for a conditional use permit to
relocate their existing truck and freight terminal from 2043 Ross
Street to 2860 Alameda Street in the City of Vernon.
Transmitted herewith 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.
Page 2 of 11
City Council Minutes
July 11, 2000
It is hereby 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. Pacific Arrow is not permitted to occupy the proposed facility
and the Conditional Use Permit will not be effective until the
Certificate of Occupancy has been issued to Pacific Arrow for
the property located at 2860 Alameda Street. Any changes in
occupancy at 2860 Alameda Street will require a new Conditional
Use Permit.
b. 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 2860 Alameda Street in the City of
Vernon.
C. The owner of the property shall provide to the City of
Vernon a utility easement for the overhead power lines which
are located on the property in a form and manner subject to
approval of the Director of Community Services and Water.
d. 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.
e. No servicing of vehicles including washing, steam cleaning
and repairing shall be performed on the facility unless
conducted in compliance with appropriate codes.
f. A National Pollutant Discharge Elimination System Permit
shall be obtained from the California State Board of Water
Resources, if required.
g. No equipment or freight shall be stored on the site, other
than in buildings, trailers or -on the docks.
h. Adequate plans and materials must be available for handling
leaks or spills from vehicles during storage or
transportation.
i. 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 3 of 11
City Council Minutes
July 11, 2000
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 prevent
unsanitary conditions, odors or other nuisances. The
property shall be provided with adequate refuse containers
and refuse disposal service.
1. The facility's building shall be structurally maintained to
exclude rodents and the property shall be maintained rodent
free.
M. The facility shall be operated in a manner which will not
impede traffic on Ross Street or Alameda Street.
n. All existing cracked sidewalk, curb, and gutter adjacent to
the site in Ross Street and Alameda Street shall be repaired
and maintained to meet City Standards.
o. The site shall not generate more than 50 truck trips (25
inbound and 25 outbound) and 50 automobile trips (25 inbound
and 25 outbound) per day.
It was moved by Ybarra, seconded by Davis, to close the
Public Hearing for a request of a Conditional Use Permit for
Pacific Arrow Express, the time being 5:18 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
above mentioned communication be received and filed. Motion
carried.
It was moved by Ybarra, seconded by Gonzales, that the
City Council hereby determines that the project is consistent
with the General Plan as adopted by the City of Vernon. Motion
carried.
It was moved by McCormick, seconded by Davis, that the
City Council hereby determines that the project will not have a
significant effect on the environment. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
City Council hereby determines that the project will not
individually or cumulatively have an adverse effect on wildlife
resources. Motion carried.
RESOLUTION NO. 7573 - A Resolution Of The City Council
Of The City Of Vernon Granting A Conditional Use Permit To
Pacific Arrow Express For The Operation Of A Trucking And Freight
Terminal At 2860 Alameda Street, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7573 be approved and adopted. Motion carried.
Page 4 of 11
City Council Minutes July 11, 2000
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated July 5, 2000, was presented,
submitting for consideration a fully executed Grant Deed from
Hampton Properties. The deed is for a portion of property
approximately 10,254 square feet in size, along 2520 Chambers
Street and 4646 Hampton Street in the City of Vernon. The
property will be used for street purposes. It is hereby
recommended that the Grant Deed be accepted, the Certificate of
Acceptance be approved, and the Mayor and City Clerk be
authorized to sign.
It was moved by Ybarra, seconded by Davis, that the
communication from the Director of Community Services and Water
dated July 5, 2000, be received and filed and his recommendation
approved. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated June 29, 2000, was presented, transmitting a Water Right
License and Agreement, by and between NI Industries, Inc. and
the City of Vernon, for the rights to 138 acre-feet of water.
The cost of this water is $200.00 per acre-foot or $27,600.00
total. This has been reviewed by the Director of Community
Services and Water and the City Attorney, and it is hereby
recommended that the Water Right License and Agreement be
approved, and the Mayor and City Clerk be authorized to sign
said Agreement.
It was moved by Davis, seconded by McCormick, that the
communication from the City Clerk dated June 29, 2000, be
received and filed and his recommendation approved. Motion
carried.
RESOLUTION NO. 7567 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
A Water Right License By And Between The City Of Vernon And NI
Industries, Inc. Which Grants The City Of Vernon A License To
Extract 138 Acre -Feet Of The Allowed Pumping Allocation Of NI
Industries, Inc. For The Period July 1, 2000 Thru June 30, 2001,
was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7567 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 6, 2000, was presented, transmitting a Water Right
License and Agreement, by and between Coast Packing Company and
the City of Vernon, for the rights to 425 acre-feet of water.
The cost of this water is $216.00 per acre-foot or $91,800.00
total. This has been reviewed by the Director of Community
Services and Water and the City Attorney, and it is hereby
recommended that the Water Right License and Agreement be
approved, and the Mayor and City Clerk be authorized to sign
said Agreement.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated, July 6, 2000, be
received and filed and his recommendation approved. Motion
carried.
Page 5 of 11
City Council Minutes July 11, 2000
RESOLUTION NO. 7571 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
A Water Right License By And Between The City Of Vernon And
Coast Packing Company Which Grants The City Of Vernon A License
To Extract 425 Acre -Feet Of The Allowed Pumping Allocation Of
Coast Packing Company For The Period July 1, 2000 Through June
30, 2001, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7571 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 6, 2000, was presented, advising that the Finance
Committee, at their meeting held December 14, 1999, approved and
recommended to enter into negotiations with Mitchell Humphrey &
Company and High Line Corporation for certain software,
services, and supplies for a new Financial Management System.
This Council subsequently approved this on December 21, 1999 by
Resolution No. 7463. Submitted herewith are two (2)
Agreements, by and between, the City of Vernon and Mitchell
Humphrey & Co. and High Line Corp, respectively. In addition,
attached herewith is a memorandum dated July 5, 2000 from the
Assistant Director of Resource Management providing a
description of services and an economic analysis. This has been
reviewed by the Assistant Director of Resource Management and
the City Attorney, and it is hereby recommended that the two (2)
Agreements be approved, the Mayor and City Clerk be authorized
to sign said Agreements, and the following Resolutions be
adopted.
It was moved by Gonzales, seconded by Ybarra, that the
communication from the City Clerk dated, July 6, 2000 be
received and filed and his recommendation approved. Motion
carried.
RESOLUTION NO. 7569 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
A Software Products License And Maintenance Support Agreement By
And Between The City Of Vernon And Mitchell Humphrey & Co, was
presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7569 be approved and adopted. Motion carried.
RESOLUTION NO. 7570 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
A Program License Agreement #000503 And An Annual Service
Agreement - US By And Between The City Of Vernon And High Line
Corporation, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7570 be approved and adopted. Motion carried.
Consideration and discussion of a proposal for the
purchase of a HP3000 Computer System, was presented.
Page 6 of 11
City Council Minutes July 11, 2000
The City Clerk addressed the City Council and recommended to
accept the proposal of Systems Technoloty Associates, Inc. (STA)
at an approximate cost of $176,007.24 including tax and a rebate
of $11,976.00. STA submitted the lowest bid.
It was moved by Gonzales, seconded by Ybarra, that the
proposal of Systems Technology Associates, Inc. (STA) be
accepted and that the City Attorney be authorized to prepare the
necessary documents for the purchase of an HP3000 Computer
System. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 6, 2000, was presented, transmitting a duplicate copy
of a letter dated June 30, 2000 regarding the City's intent to
become a Participating Transmission Owner. It is hereby
recommended that said letter be ratified.
Kenneth DeDario, Director of Utilities, addressed to
City Council and gave them a brief summary of this matter.
Councilman, Bill Davis, asked what Transmission Owner meant?
Ken DeDario advised that it was "anything above 200 Kv such as
the Mead-Phoenix/Mead-Adelanto and the COTP, which we are part
owners."
It was moved by Gonzales, seconded by Ybarra, that the
communication from the City Clerk dated June 30, 2000, be
received and filed and his recommendation approved. Motion
carried.
RESOLUTION NO. 7574 - A Resolution Of The City Council
of The City Of Vernon Approving And Ratifying The Letter By The
City Administrator To The Independent System Operator Giving
Notice Of Intent By The City Of Vernon to Join the Independent
System Operator to Become a Participating Transmission Owner,
was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7474 be approved and adopted. Motion carried.
Communication from Bruce Olson, Police Chief, dated
June 28, 2000, requesting authority and funds for himself to
attend the International Association of Chiefs' of Police
Conference, at San Diego on November 11th thru 15th, 2000, with
an expense allowance of $1,240.86, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the Police Chief dated June 28, 2000, be
received and filed and his recommendation approved. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated July 6, 2000, transmitting an Agenda for the
Finance Committee meeting to be held July 10, 2000 for approval
of the recommendations contained therein, was presented.
It was moved by Gonzales, seconded by Davis, that the
recommendations listed on the agenda for the July 10, 2000
Finance Committee Meeting be approved. Motion carried.
Page 7 of- 11
City Council Minutes July 11, 2000
RESOLUTION NO. 7568 - A Resolution Of The City Council
Of The City Of Vernon Authorizing The Purchasing Agent To
Purchase For The Police Department Annual Software Support
Services for Software Operating the Records Management System,
the Computer Aided Dispatch System and the Mobile Computer
Terminals System And Approving And Authorizing The Execution Of
A Contract By And Between The City Of Vernon And Hewlett-Packard
Co., In Accordance With Section 2.27(a) Of The Vernon City Code,
was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 7568 be deferred to the next City Council Meeting
to be held July 25, 2000. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated July 6, 2000, was presented transmitting an
Agenda for the Personnel Committee meeting to be held July 10,
2000 for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by Gonzales, that the
recommendations on the July 10, 2000 Personnel Committee Meeting
Agenda be approved. Motion carried.
Consideration and discussion of retaining the services
of David Turch & Associates for government relations services.
The City Clerk addressed the City Council and briefly
summarized some of the issues that David Turch & Associates would
be handling.
It was moved by Ybarra, seconded by Davis, that the
consideration to retain the services of David Turch & Associates
be approved and that authority be granted to the City Attorney to
prepare the final agreement. Motion carried.
RESOLUTION NO. 7572 - A Resolution Of The City Council
Of The City Of Vernon Approving And Authorizing The Execution Of
An Agreement By And Between The City Of Vernon And David Turch &
Associates, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7572 be deferred to the next meeting. Motion
carried.
RESOLUTION NO. 7566 - A Resolution Of The City Council
Of The City Of Vernon Reaffirming The Amendment Of Resolution
No. 5946 Which Established A Gas Municipal Utility Department
Within The City Of Vernon, was presented.
The City Attorney advised that this was just a
clarification issue and that nothing was substantially changed.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7566 be approved and adopted. Motion carried.
Page 8 of 11
City Council Minutes July 11, 2000
WARRANT REGISTER NO. 1044 covering claims and demands
presented during the period of June 16th thru July 6th, 2000,
drawn on Wells Fargo Bank totaling $892,092.33, and includes
check Nos. 78306 thru 78547 (inclusive), excluding Utility
demands and voided checks as listed below (accounting period
July, 2000):
78326 78386 78387 78388 78389
78390 78430
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 1044 be approved and payment authorized for
claims and demands totaling $892,092.33, excluding Utility
demands and voided checks as listed above. Motion carried.
WARRANT REGISTER NO. 1044 covering claims and demands
presented during the period of June 16th thru July 6th, 2000,
drawn on Wells Fargo Bank totaling $7,287,524.57, which includes
Utility demands and check Nos. as listed below: (accounting
period July, 2000):
78312
78343
78314
78315
78316
78318
78321
78322
78323
78325
78328
78333
78336
78359
78361
78378
78384
78385
78394
78400
78402
78412
78413
78414
78417
78420
78431
78433
78440
78443
78447
78451
78457
78458
78463
78470
78483
78486
78487
78490
78499
78505
78509
78510
78519
78522
78527
78542
78546
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 1044 be approved and payment authorized for
Utility claims and demands totaling $7,287.524.57. 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.
It was moved by McCormick, seconded by Gonzales, that
the Minutes of the Adjourned City Council Meeting held June 27,
2000, be approved as submitted and adopted.
The Mayor called a recess at 6:07 p.m. The Council
reconvened in Regular Session at 6:10 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 for Item No. 1.
1. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54957.
Page 9 of 11
City Council Minutes
July 11, 2000
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
b. Public Employee Appointment
It was moved by Gonzales, seconded by Davis, that the
City Council go into Closed Session on Item No. 2, the time being
6:11 p.m. Motion carried.
All persons were excused from Closed Session with the
exception of the City Clerk, the Chief Deputy City Clerk, and the
City Attorney.
The Mayor ordered all communications to and from 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) 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);
(i) David Venegas, et al. V. City of Vernon, LASC No. BC 207136;
(j) Vernon v. All Persons; LASC No. BC 222145;
(k) Cal Compact Landfill Site, Carson, California; EPA No.
Unassigned;
(1) Vernon v. Regional Water Quality Control Board; No.
Unassigned;
(m) Arnold Klein dba AMRO Industries v. City of Vernon, Kevin
Wilson, Jerry Schreiber, et al., LASC No. BC 226167;
(n) Vernon v. INS, USDC No. CV-0003590(JSL);
Page 10 of 11
City Council Minutes
(o) FERC Docket No. EL00-58-000 (ISO);
July 11, 2000
(p) City of Torrance, et al v. State Compensation Insurance
Fund, Case Number Unknown;
(q) Mark A. Suarez v. New Matic Construction, etc., et al., LASC
No. BC 228903;
It was moved by Ybarra, seconded by Gonzales, that the
City Council go out of Closed Session pertaining Item No. 2, the
time being 6:21 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
law firm of Albright, Yee & Schmit, LLP be retained to provide
legal services to the City of Vernon consistent with a retainer
agreement dated July 11, 2000. Motion carried.
It was moved by McCormick, seconded by Davis that with
regard to the Cal Compact site the City Attorney be authorized to
execute on behalf of the City a second Tolling Agreement with the
claimants.
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.
f
Leo is C . Ma `bbuurg
Mayor
ATTEST:
Bruce V. Malkenhorst
City Clerk
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