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20001205 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 5, 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 McCormick, that the Minutes of the City Council Meeting held November 21, 2000, be approved and adopted. Motion carried. RESOLUTION NO. 7671 - A Resolution Of The City Council Of The City Of Vernon Commending Gary Wiskus For His Many Years Of Service To The City Of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7671 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 20, 2000, was presented, advising that the below listed employees qualified in the month of October 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 01/07/91 Chris Hanson Fire Engineer 4 O1/07/91 Jason Haugen Firefighter 4 02/01/79 Sharon Johnson Budget Auditor 6 12/04/89 Deborah Medina Administrative Associate 6 10/19/92 Abraham Alemu Associate Engineer 8 10/01/87 Jerry Schreiber Senior Electrical Inspector 13 06/03/74 Ron Anderson Foreman 19 The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department heads. 10/05/98 Frank Menchaca 06/08/98 Alexandra Ronquillo 02/01/70 Randy Bohlander 10/13/97 Richard Hill 02/29/88 Jose Alvarez 05/12/80 Joe Jimenez 11/16/87 Martha Parra 03/18/84 Michael DeFrank 10/16/94 Armando Hinojos Police Officer 2 Police Dispatcher 2 Fire Engineer 3 Police Officer 3 Utilityman III 4 Systems Coordinator II 5 Transcriber/Typist 5 Engineering Aide 6 Systems Coordinator I 6 City Council Meeting Minutes December 5, 2000 06/26/89 Peter Gantes Firefighter 7 09/18/89 David Shea Fire Engineer 9 08/11/80 Louie Saenz Utilityman II 10 The Mayor called a short recess at 5:14 p.m. The City Council reconvened at 5:17 p.m., all members present before the recess again being present. 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. Robin Tolmasoff Administrative Associate 10 years The following employees were unable to attend the meeting and their Service Pins were accepted by their respective department heads. Ben Busse Police Sergeant 10 years Richard Harvison Police Officer 10 years The Mayor called a short recess at 5:17 p.m. The City Council reconvened at 5:19 p.m., all members present before the recess again being present. Police Department Activity Log for the period November 16th thru 30th, 2000, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period November 16th thru 30th, 2000 be received and filed. Motion carried. Fire Department Activity Report for the period November 15th thru 30th, 2000, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period November 15th thru 30th, 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 Mayor advised that there was no one in the audience wishing to address the City Council. Communication from Lewis Pozzebon, Director of Environmental Health, dated November 1, 2000, was presented, requesting authority and funds for Elizabeth Quaranta, Environmental Health Specialist to attend the Water Supply Cross Connection Control and Hydraulic Research Seminar at Los Angeles on January 22nd thru 26th, 2001, with an expense allowance of $702.25. Page 2 of 9 City Council Meeting Minutes December 5, 2000 It was moved by McCormick, seconded by Ybarra, that authority and funds be granted for Elizabeth Quaranta to attend the aforementioned seminar with an expense allowance of $702.25. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 13, 2000, was presented, 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. 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 Sandberg be reimbursed the maximum amount allowed from the CDBG Program. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk dated November 13, 2000 be received and filed and his recommendation approved. Motion carried. 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, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7658 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 29, 2000, was presented, advising that at the City Council Meeting held November 21, 2000, it was recommended that an Equipment Purchase Contract with Anicom Metromedia Wiring Systems be entered into for the purchase of fiber optic cable. Staff has been advised that Anicom is unable to deliver the cable in the required time frame. Further research provided another available vendor that could provide 81,736 feet of 96-strand fiber optic cable at a cost of $321,222.48 (plus sales tax). Due to the urgency of securing the necessary fiber optic cable a purchase order was issued and at this time it is requested that it be ratified and that an Equipment Purchase Contract with Communications Supply Corporation be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk dated November 29, 2000 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7668 - 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 Page 3 of 9 City Council Meeting Minutes And Communications Supply Corporation System And Ratifying The Issuance Of A presented. December 5, 2000 For The City's Fiber Optic Purchase Order, was It was moved by Ybarra, seconded by Davis, that Resolution No. 7668 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 30, 2000, was presented, advising that the City Council adopted Resolution No. 7322 on May 4, 1999, approving the loan application submitted by RRR Real Estate LLC ("RRR") requesting a maximum of $187,362.00 in State CDBG funds and approving the execution of a CDBG Infrastructure Loan Agreement with RRR pursuant to the 96-EDBG-471 Vernon Infrastructure Loan Program. A memorandum from Administrative Aide Christopher Romero, dated November 15, 2000, indicated that the final review of all the invoices had been completed and that RRR had nearly completed its escrow requirement. The invoices submitted totaled $165,754.95 of which $132,603.96 of the off -site improvements qualify for reimbursement according to the City's CDBG guidelines. Additional improvements were completed under "City -owned Water and Power Utility Relocation and Traffic Signalization". These improvements qualify for $5,822.60 City match. The City Attorney has reviewed: • The Preliminary Title Report • The Draft Deed of Trust with Assignment of Rents • The Certificate of Acceptance and the Loan Instructions It is hereby recommended that the Loan Escrow Instructions and the Certificate of Acceptance be approved and executed and RRR be reimbursed the maximum amount allowed from the CDBG Program. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk dated November 30, 2000 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7670 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution of A Certificate Of Acceptance And Loan Escrow Instructions Dated November 13, 2000 Respecting A State Community Development Block Grant (CDBG) Loan To RRR Real Estate LLC, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7670 be approved and adopted. Motion carried. Hearing to consider an appeal of the revocation of the Hazardous Materials Establishment Permit for AAD Distribution & Dry Cleaning Services, Inc., pursuant to Section 13.58 of the Vernon City Code. It was moved by Gonzales, seconded by McCormick, that the City Council open this hearing, the time being 5:35 p.m. Motion carried. The Director of Environmental Health addressed the City Council and made a visual presentation advising the of issues concerning the permit which was revoked. He presented a packet of documents including the Order of Revocation. Page 4 of 9 City Council Meeting Minutes December 5, 2000 City Attorney asked Mr. Pozzebon what is the condition of the property since the permit was revoked. The Director of Environmental Health advised that only trailers have been removed from the site. The City Attorney asked if they were still operating? The City Clerk asked if there is a requirement as to how long the site can remain in this condition. The Director of Environmental Health stated that there is a limit set by the State, but that he did not know what it was. Director of Environmental Health stated that the site was tested by the Health Department and it was determined that there is contamination coming from the site." The City Clerk asked why wasn't this revoked when it was first noticed that the waste was being stored hazardously. Director of Environmental Health stated that notices had been sent to AAD and they did appear to comply but then most recently they just stopped adhering to our notices. The Mayor asked if this is Flood Control that would oversee the storm drain contamination. The Director of Environmental Health responded that yes, Flood Control would be overseeing storm drains. The City Attorney asked if we gave AAD an opportunity to meet with us on this issue? The Director of Environmental Health advised that AAD was given an opportunity to meet with the Health Department on November 7, 2000 in order to address issues raised in the revocation order, but they failed to appear. The Mayor asked if there was anyone in the audience who wanted to address this issue. The business owner, Harry Pourat, addressed the City Council and stated he had only recently advised the city that he wanted to appeal the temporary suspension order. He advised that he wanted to continue this matter. The City Attorney advised Mr. Pourat that this appeal was for the revocation order and had been scheduled pursuant to his request; that he was properly notified of the appeal and that the City Council could, in their discretion, continue the appeal date. Mr. Pourat asked that an evidentiary hearing be held at the next meeting. He also inquired about copies of ordinances being violated. Mr. Pourat stated that his attorney, Mr. Moskowitz, wrote a letter to the City Attorney on this issue. The City Attorney advised the Council that Mr. Pourat's permit has been revoked and that he can present information to the City Council that may convince them that the revocation of his permit should be repealed. The City Attorney asked Mr. Pourat if he had any information to present regarding the issue that is before the City Council tonight. Page 5 of 9 City Council Meeting Minutes December 5, 2000 Mr. Pourat asked to go over the slide presentation made by the Director of Environmental Health. The City Attorney again asked Mr. Pourat if he had any further issues to raise or information to present to the City Council on this matter. The City Attorney advised Mr. Pourat that this matter before the City Council was to hear his appeal of the revocation of his Hazardous Materials Establishment Permit. Mr. Pourat discussed individually the slides shown to the City Council and stated that they could not be considered violations of any sort. He stated that the City did not have absolutely no jurisdiction to regulate the site in any way. Mr. Pourat advised that he had no other issues to present. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 30, 2000, was presented, advising that the City of Vernon Ordinance No. 961, Hazardous Monitoring Program, Section 13.53, requires any person who stores, handles, and/or produces hazardous materials in the City of Vernon to apply for and maintain a Hazardous Material Establishment Permit. Section 13.58 of the same of ordinance, authorizes the local agency to suspend or revoke a Hazardous Materials Establishment Permit upon the determination of the local agency of a violation. Several inspections conducted in the past revealed that AAD Distribution and Dry Cleaning Services, Inc., (AAD), located at 2306 E. 38th Street, has been violating various codes and it is hereby recommended that AAD's request to repeal the revocation be denied. It was moved by McCormick, seconded by Ybarra, that the hearing pertaining to AAD Distribution and Dry Cleaning Services, Inc., be closed, the time being 7:00 p.m. Motion carried. It was moved by Davis, seconded by Gonzales, to deny Mr. Pourat's verbal request to continue the hearing. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated November 30, 2000 and all supporting documents submitted as evidence during the hearing be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7669 - A Resolution Of The City Council Of The City Of Vernon Making Findings In Support Of The Denial Of An Appeal Concerning The Revocation Of Hazardous Materials Establishment Permit Number 6069 For AAD Distribution And Dry Cleaning Services, Inc., was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7669 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 30, 2000, was presented, transmitting the Agenda for the Personnel Committee meeting to be held December 4, 2000 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held December 4, 2000 be approved. Motion carried. Page 6 of 9 City Council Meeting Minutes December 5, 2000 Communication from Bruce V. Malkenhorst, Director of Finance, dated November 30, 2000, was presented, transmitting the Agenda of the Adjourned Finance Committee Meeting to be held December 4, 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 Adjourned Regular Finance Committee Meeting held December 4, 2000 be approved. Motion carried. WARRANT REGISTER NO. 1054 covering claims and demands presented during the period of November 16th, thru November 30th, 2000, drawn on Wells Fargo Bank totaling $383,818.98, and includes check Nos. 80581 thru 80962 (inclusive), excluding Utility demands and Voided checks Nos. listed below. (Accounting period December, 2000) . 80583 80617 thru 80621 80623 80635 thru 80814 and 80911 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1054 be approved and payment authorized for claims and demands totaling $383,818.98, excluding Utility demands and voided checks as mentioned above. Motion carried. WARRANT REGISTER NO. 1054 covering claims and demands presented during the period of November 16th, thru November 30th, 2000, drawn on Wells Fargo Bank totaling $6,693,268.28, which includes Utility demands and check Nos. as listed below: (Accounting period December, 2000): 80582 80587 80588 80589 80590 80591 80597 80602 80612 80613 80614 80615 80627 80633 80682 80688 80707 80713 80714 80720 80721 80730 80738 80741 80742 80743 80745 80753 80758 80759 80767 80772 80774 80780 80783 80792 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1054 be approved and payment authorized for Utility claims and demands totaling $6,693,268.28. 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 short recess at 7:05 p.m. The Council reconvened in Regular Session at 7:07 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. Page 7 of 9 City Council Meeting Minutes December 5, 2000 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 Ybarra, that the City Council go into closed session on Item Nos. 2 and 3. Motion carried. All persons were excluded from closed session with the exception of the City Clerk, Chief Deputy City Clerk, City Attorney, and the Director of Utilities. 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) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (e) Vernon v. All Persons; LASC No. BC 222145; (f) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; (g) Vernon v. Regional Water Quality Control Board; Nos. A- 1280, A1280(a) and A-1280(b); (h) Arnold Klein dba AMRO Industries v. City of Vernon, Kevin Wilson, Jerry Schreiber, et al., LASC No. BC 226167; (i) City of Torrance, et al v. State Compensation Insurance Fund, Case Number Unknown; (j) Mark A. Suarez v. New Matic Construction, etc., et al., LASC No. BC 228903; (k) Paveco Construction, Inc. v. Valley Engineers, Inc., et al., LASC Case No. BC 236933; (1) 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; (m) 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; (n) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98-3760 (ISO); FERC Docket No. EL00-58-000 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. EL00-105 (ISO); Page 8 of 9 City Council Meeting Minutes December 5, 2000 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: Three (3) potential case(s). It was moved by Ybarra, seconded by McCormick, that the City Council go out of Closed Session pertaining to Item Nos. 2 and 3 and resume regular session, the time being 7:15 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in the filing of a Complaint Requesting Fast Track Processing in FERC Docket No. ELO1-14-000 (City of Vernon v. California Independent System Operator Corporation) are hereby ratified. Motion carried. RESOLUTION NO. 7672 - A Resolution Of The City Council Of The City Of Vernon Approving A Partial Settlement In Ferc Docket No. E101-14-000 By Approving And Authorizing The Execution Of A Transmission Control Agreement Among The Independent System Operator And Transmission Owners, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7672 be approved and adopted. Motion carried. It was moved by Davis, seconded by Ybarra, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. EC01-14 (California Independent System Operator Corporation) are hereby ratified. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. ER01-313 (California Independent System Operator Corporation) are 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 to December 12, 2000, at 5:00 p.m. ATTEST: '< - Z��� Bruce V. Malkenhorst City Clerk nis C. Ma �urg� Mayor Page 9 of 9 NOTICE OF ADJOURNMENT Notice is hereby given that the City Council meeting held December 5, 2000 at 5:00 p.m., was adjourned to December 12, 2000 at 4:45 p.m. to be held in the City Council Chambers of the City Hall located at 4305 Santa Fe Avenue, Vernon, California, by order of the City Council. /17Z 6 o Date Chief De ty City Clerk AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Gloria J. Orosco, declare as follows: That I am the Chief Deputy City Clerk of the City of Vernon, and that a regular meeting of the City Council of the City of Vernon held December 5, 2000 was adjourned to December 12, 2000 and that a copy of said notice (as set forth above) was posted at a conspicuous place near the door of the room at which said meeting was to be held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Executed on Qp , at Vernon, California. Chief Depu y City Clerk