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20001121 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 21, 2000 AT 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 from the City Council Meeting held November 7, 2000, be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period November 1st thru _15th, 2000, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period November 1st thru 15th, 2000 be received and filed. Motion carried. Fire Department Activity Report for the period November 1st thru 15th, 2000, was presented. It was moved by Gonzales, seconded by Ybarra, that the Fire Department Activity Report for the period November 1st thru 15th, 2000 be received and filed. Motion carried. Risk Management Report for the month of October, 2000, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of October, 2000 be received and filed. Motion carried. Health Department Report for the month of October, 2000, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of October, 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 Hearing that may be listed. The Mayor asked if there was anyone wishing to address the City Council at this time. The City Clerk advised that the following matter should be deferred to the City Council Meeting to be held December 19, 2000. APPEAL of Vernon Cold Storage, LLC for the building code violation at 4224 District Blvd., in accordance with Appendix Chapter 34 of the 1997 Uniform Building Code and the 1998 California Building Code Appendix Chapter 34. City Council Minutes November 21, 2000 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 16, 2000, advising that the City of Vernon issued a notice to Vernon Cold Storage LLC, that the building located at 4224 District Boulevard was dangerous and in violation of the Uniform Building Code. Staff of the Community Services Department determined that the building lacked a sufficient number of exits. Appendix Chapter 34 of the 1997 Uniform Building Code and the 1998 California Building Code Appendix Chapter 34 establishes the life safety requirements for existing buildings. Section 3407.1 states, "Every floor above the first story used for human occupancy shall have at least two means of egress, one of which may be a fire escape." The six story building located at 4224 District was constructed with only one stairwell, henceforth, the owner of the building was directed to have a second egress constructed within the building. Patrick A. Perry, of the law firm of Allen, Matkins, Leck, Gamble & Mallory, LLP, on behalf of the building owner, Vernon Cold Storage LLC, appealed staff's determination. Submitted herewith is: 1) City of Vernon's letter dated August 31, 2000, determining that the building located at 4224 District Boulevard is dangerous and ordering the construction of t-we a second means of egress. 2) Allen, Matkins, Leck, Gamble & Mallory, LLP's appeal letter dated September 27-, 2000. 3) City of Vernon's letter to Vernon Cold Storage dated October 11, 2000, setting the hearing date and time. 4) Allen, Matkins, Leck, Gamble & Mallory, LLP's letter dated November 8, 2000 setting forth their reason for appeal. 5) City staff report. It is hereby recommended that the City Council, acting as the Board of Appeals, find that the building located at 4224 District Boulevard is unsafe and that a second means of egress to all floors and the basement be constructed, in accordance with Appendix Chapter 34 of the 1997 and 1998 Uniform Building Code, as adopted by the City of Vernon. RESOLUTION NO. 7666 - A Resolution Of The City Council Of The City Of Vernon Making Findings In Support Of The Denial Of An Appeal Concerning Abatement Of Dangerous Building Conditions At 4224 District Boulevard It was moved by Davis, seconded by McCormick, that the aforementioned communication and resolution be deferred to the City Council Meeting to be held December 19, 2000. Motion carried. The City Clerk announced that the following matter should be deferred. Page 2 of 9 City Council Minutes November 21, 2000 PUBLIC HEARING - Concerning A Plan Of Finance Of California Statewide Communities Development Authority (The Issuer) Consisting Of The Issuance And Sale Of Notes, Bonds To Provide Acquisition, Construction, Rehabilitation And Improvement Of Property To The Borrower, Crown Poly Inc. Communication from Bruce V. Malkenhorst, City Admininstrator/City Clerk, dated November 13, 2000, advising that Crown Poly, Inc. (CPI), a manufacturer of plastic bags, located at 4160 Bandini Boulevard is requesting Equipment Only Purchase Program (EOPP) financing. CPI is planning to expand its operation and spend $1.5 million in new manufacturing equipment at a tax-exempt rate for the year 2000, and in 2001 they are forecasting to construct a $7.5 million manufacturing facility. Funding is available through The California Communities, a public agency; however, the transaction cannot be funded before November 28, 2000. California Statewide Communities Development Authority (CSCDA) will assist California Communities with providing the funds of $9 million. There would be no cost to the City and it is hereby recommended to support CSCDA in the "tax-exempt obligations" funding not to exceed $9 million for CPI for equipment and the construction of the new facility. RESOLUTION NO. 7667 - A Resolution Of The City Council Of The City Of Vernon Approving A Plan Of Finance Including The Issuance Of Notes, Bonds Or Other Evidence Of Indebtedness For Crown Poly, Inc. By The California Statewide Communities Development Authority It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication and resolution be deferred. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 15, 2000, was presented, advising that the Finance Committee at their meeting held October 16, 2000, had approved the negotiated proposal from Doty Bros., for the replacement of the gas couplings at an approximate cost of $528,910.00. Based on a review of the references submitted by Doty Bros., staff does not feel that they have the required experience for the job. It is hereby recommended that no further action be taken on retaining the services of Doty Bros. for this project. It is also recommended that revised Contract No. 555 be approved and authority be granted to seek bids/proposals for the replacement of the gas couplings in accordance with Contract No. 555. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated November 15, 2000 be received and filed and his recommendations approved. Motion carried. Page 3 of 9 City Council Minutes November 21, 2000 RESOLUTION NO. 7665 - A Resolution Of The City Council Of The City Of Vernon Approving Contract No. 555 (Revised) Of The City Of Vernon For Vernon Gas Distribution System, Replacement Of Gas Main Couplings And Authorizing Notice Inviting Sealed Proposals Or Bids In Accordance Therewith, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7665 be approved and adopted. Motion carried. Communication from Samuel K. Wilson, Director of Community Services and Water, dated November 16, 2000, was presented, advising that the Street Sweeping Contract No. 548 with Nationwide Environmental Services expires December 31, 2000. The contract provides for extension by mutual agreement under the Section Contract Extension of the Special Provisions. Nationwide Environmental Services has indicated that they would like to continue under the present contract. Under the Compensation Section of the Special Provisions they are eligible for a Consumer Price Index (CPI) increase in the contract. This would be 75% of the CPI as published January 2001. The present CPI is 3.5%. This would be an increase of the present monthly contract of $5,645.74 to approximately $5,793.94 and it is hereby recommended that the contract be extended to December 31, 2001. It was moved by McCormick, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated November 16, 2000 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7660 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A One -Year Extension Of Contract No. 548 (January 1, 2001- December 31, 2001) By And Between The City Of Vernon And Joe's Sweeping, Inc., Dba Nationwide Environmental Services, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7660 be approved and adopted. Motion carried. The City Clerk advised that the following matter should be deferred to the City Council Meeting to be held December 19, 2000. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 13, 2000, advising that the City Council adopted Resolution No. 7322 on May 4, 1999, approving the loan application submitted by Sandberg Family LLC (Sandberg) requesting a maximum of $70,720.00 in State CDBG funds and approving the execution of a CDBG Infrastructure Loan Agreement with Sandberg pursuant to the 96-EDBG-471 Vernon Infrastructure Loan Program. Staff advises that the invoices submitted by Kendrick Construction totaled $121,210.04 of which $96,968.03 of the off -site improvements qualify for reimbursement according to the City's CDBG guidelines. Page 4 of 9 City Council Minutes November 21, 2000 The City Attorney has reviewed the final Loan Escrow Instructions dated November 2, 2000 from Commerce Escrow Company and it is hereby recommended that the Loan Escrow Instructions be executed and VTS Sandberg be reimbursed the maximum amount allowed from the CDBG Program. RESOLUTION NO. 7658 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of Loan Escrow Instructions Dated November 2, 2000 Respecting A State Community Development Block Grant (CDBG) Loan To Sandberg Family LLC. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication and resolution be deferred to the City Council Meeting to be held December 19, 2000. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 14, 2000, 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 franchise agreement requires the submission of waste generation and recycling reports and a franchise fee on gross receipts. In addition, Ordinance No. 1067 allows for new solid waste companies to enter into a non-exclusive franchise agreement with the City. Innovative Waste Control, Inc. has submitted a franchise agreement package to include: two original agreements, insurance documentation, and a performance bond instrument. This has been reviewed by the Director of Environmental Health and City Attorney, and it is hereby recommended that the franchise agreement for Innovative Waste Control, Inc. be approved and executed. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk dated November 14, 2000 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7664 - A Resolution Of The City of Vernon Council Of The City Of Vernon Approving And Authorizing The Execution Of A Non -Exclusive Solid Waste Franchise Agreement Pursuant To Article VI Of Chapter 12 Of The Vernon City Code By And Between The City Of Vernon And Innovative Waste Control, Inc., was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7664 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 15, 2000, was presented, advising that in order to complete the City's Fiber Optic Project it is hereby recommended that the purchase order for 80,000 feet of fiber optic cable in the amount of $400,000.00 (plus sales tax) be ratified and an Equipment Purchase Contract with Anicom Metromedia Wiring Systems, Inc., be entered into. Page 5 of 9 City Council Minutes November 21, 2000 It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk dated November 15, 2000 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7663 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Equipment Purchase Contract By And Between The City Of Vernon And Anicom Multimedia Wiring Systems, Inc. For The City's Fiber Optic System And Ratifying The Issuance Of A Purchase Order, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7663 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 16, 2000, was presented, transmitting the Agenda for the Personnel Committee meeting to be held November 20, 2000 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations listed on the Agenda for the Personnel Committee Meeting held November 20, 2000 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 16, 2000, was presented, transmitting the Minutes of the Finance Committee Meeting held November 14, 2000 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the Minutes of the Finance Committee Meeting held November 14, 2000 be approved. Motion carried. RESOLUTION NO. 7661 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing Notice Inviting Sealed Proposals Or Bids For The Purchase Of A New Ford Crown Victoria LX For The Fire Department, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7661 be approved and adopted. Motion carried. RESOLUTION NO. 7662 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing Notice Inviting Sealed Proposals Or Bids For The Purchase Of A Chiller Unit, Platform And Temperature Sensor System And The Removal Of The Existing Chiller Unit Located In The City Hall Basement, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7662 be approved and adopted. Motion carried. WARRANT REGISTER NO. 1053 covering claims and demands presented during the period of November 2nd, thru November 15th, 2000, drawn on Wells Fargo Bank totaling $476,587.18, and includes check Nos. 80322 thru 80580 (inclusive), excluding Utility demands and Voided checks Nos. listed below. (Accounting period November, 2000). 80363 80388 80401 80402 80403 80404 80405 80416 Page 6 of 9 City Council Minutes November 21, 2000 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1053 be approved and payment authorized for claims and demands totaling $476,587.18, excluding Utility demands and voided checks as mentioned above. Motion carried. WARRANT REGISTER NO. 1053 covering claims and demands presented during the period of November 2nd, thru November 15th, 2000, drawn on Wells Fargo Bank totaling $293,970.73, which includes Utility demands and check Nos. as listed below: (Accounting period November, 2000): 80323 80329 80330 80337 80340 80344 80347 80350 80355 80356 80358 80375 80377 80378 80382 80390 80417 80422 80428 80440 80445 80472 80477 80483 80493 80496 80506 80517 80524 80526 80536 80542 80543 80547 80548 80553 80554 80557 80567 80571 80574 80577 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 1053 be approved and payment authorized for Utility claims and demands totaling $293,970.73. 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. 533 covering claims and demands presented during the period of September loth, thru October 7th, 2000, drawn on Wells Fargo Bank totaling $1,596,651.80 which includes demand Nos. 6845 thru 6875 (inclusive), (accounting period October, 2000). It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 533 be approved and payment authorized for claims and demands totaling $1,596,651.80. Motion carried. The Mayor called a recess at 5:27 p.m. The Council reconvened in Regular Session at 5:29 p.m., all members present before the recess again being present. The City Clerk announced that there was nothing to discuss 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 Gonzales, seconded by Davis, that the City Council go into Closed Session on Item Nos. 2 and 3. Motion carried. Page 7 of 9 City Council Minutes November 21, 2000 All persons were excluded from Closed Session with the exception of the City Clerk, Chief Deputy City Clerk, and the City Attorney. 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 -EXISTING LITIGATION (a) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (b) FERC Docket Nos. ER97-2355, EC 96-19-000, ER96-1633 and EL96-48 (Restructuring); (c) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; (d) FERC Docket No. ER98-3594 (ISO); (e) FERC Docket No. ER98-3760 (ISO); (f) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (g) Vernon v. All Persons; LASC No. BC 222145; (h) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; (i) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280 (a) and A-1280 (b) ; (j) Arnold Klein dba AMRO Industries v. City of Vernon, Kevin Wilson, Jerry Schreiber, et al., LASC No. BC 226167; (k) FERC Docket No. EL00-58-000 (ISO); (1) City of Torrance, et al v. State Compensation Insurance Fund, Case Number Unknown; (m) Mark A. Suarez v. New Matic Construction, etc., et al., LASC No. BC 228903; (n) FERC Docket No. ER00-2019-000 (ISO); (o) Paveco Construction Inc. v. Valley Engineers, Inc., et al., LASC Case No. BC 236933; (p) Kelly Pipe Co etc v Valley Engineers, Inc., etc., et al; Valley Engineers Inc. etc. v. City of Vernon, etc. et al., LASC Case No. BC 227815; (q) Alameda Corridor Transportation Authority, etc. v. City of Vernon, etc., et al., LASC Case No. BC 238846 cons. with City of Vernon v. Alameda Corridor Transp. Auth., LASC Case No. BC 238841; (r) FERC Docket No. EL00-105 (ISO) 3. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: JUANA AGUILAR Agency claimed against: CITY OF VERNON Page 8 of 9 City Council Minutes November 21, 2000 Claimant: OLIVIA A. GUERRERO Agency claimed against: CITY OF VERNON It was moved by Ybarra, seconded by Gonzales, that the City Council go out of Closed Session pertaining to Item Nos. 2 and 3 and resume regular session, the time being 5:37 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the claim for Juana Aguilar be denied. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the claim for Olivia A. Guerrero be denied. Motion carried. There being no further business to come before the Council at this time, it was moved by Gonzales, seconded by McCormick, that the meeting adjourn. Motion carried. ATTEST: y Bruce V. Malkenhorst City Clerk f k Leonis C. Ma turg Mayor Page 9 of 9