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20020807 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 7, 2002, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA LOCATION: VERNON CITY HALL - CITY COUNCIL CHAMBERS 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 Regular City Council Meeting held July 24, 2002, be approved and adopted as submitted. Motion carried. RESOLUTION NO. 8022 - A Resolution of the City Council of the City of Vernon Delegating Investment Authority to the City Treasurer. (Deferred from City Council Meeting held July 24, 2002), was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8022 be approved and adopted. Motion carried. The following employee was unable to attend the meeting and his Service Pin was received by his department head. Adam Alvarez Utilityman III 15 years Police Department Activity Log for the period July 16 through 31, 2002, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period July 16 through 31, 2002, be received and filed. Motion carried. Fire Department Activity Report for the period July 16 through 31, 2002, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period July 16 through 31, 2002, be received and filed. The City Clerk announced that now was the time for anyone in the audience who wished 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 there was anyone in the audience who wished to address the City Council at this time. Mr. Mike Spivey, President of the Vernon Chamber of Commerce, introduced himself and briefly addressed the City Council on 1170. Mr. Spivey advised that a survey was conducted by the Board to obtain comments from businesses regarding AB 1170, low-income housing, and that according to the survey results many businesses oppose AB 1170 for the simple reason that businesses have chosen to operate their business in Regular City Council Meeting Minutes August 7, 2002 Vernon because it is an exclusively industrial city. He briefly addressed some items stated on his summary letter, dated August 6, 2002, which he submitted for the record. The City Attorney asked Mr. Spivey if he had with him the actual results of the survey. Mr. Spivey responded that he just had the summary letter at this time but that the Board could provide specific results if the City requested them. The Mayor asked if there were any questions or comments. There were no questions or comments. Mr. Spivey thanked the City Council for their time. The City Clerk announced that now was the time to open the public hearing to consider Tentative Parcel Map No. 26476 from XB Partners, LP, to subdivide 10.56 acres located at 5601, 5715, and 5716 Bickett Street into three parcels. It was moved by Gonzales, seconded by Ybarra, to open the public hearing to consider Tentative Parcel Map No. 26476 to subdivide 10.56 acres located at 561, 571, and 571 Bickett Street into three parcels, the time being 5:10 p.m. Motion carried. The Director of Community Services and Water presented a slide presentation and briefly summarized this matter. The City Clerk asked if the electricity would be provided by the City of Vernon. The Director of Community Services and Water responded that a utilities easement is required and that the City is working with the developers on such matter. The City Clerk asked if there were any problems supplying the necessary power. The Director of Community Services and Water responded that there was a bit of a challenge because the developer would need to obtain an easement access with neighboring properties to serve parcel "C." Mr. Randy Kendrick, representing XB Partners, LP, introduced himself to the City Council and stated that they were working with the railroad in order to obtain an easement so that electrical service could be provided by the City of Vernon. The Director of Community Services and Water advised that the electrical services for both parcels "A" and "C" were proposed to be provided by the City of Vernon and service for parcel "B" will be provided by Edison. Councilman Gonzales commented that by Edison servicing parcel "B", the impact on the City of Vernon would not be too much. Page 2 of 11 Regular City Council Meeting Minutes August 7, 2002 The City Clerk asked who was servicing these properties before. The Director of Community Services and Water responded that Edison used to service all of the subject parcels. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated July 31, 2002, was presented, advising that Coory Engineering Company on behalf of XB Partners, LP, has submitted Tentative Parcel Map No. 26476 for investigation and report in accordance with the Subdivision Map Act. They are proposing to subdivide 10.56 acres located at 561, 571, and 571 Bickett Street into three parcels. Submitted herewith are the following documents: 1. Engineer's Report. 2. Print of Tentative Parcel Map No. 26476. 3. Notice of Public Hearing, copies of notification letters to owners, and affidavits of posting and mailing. 4. Excerpts from the Subdivision Map Act. The adoption of the Tentative Parcel Map will pose no adverse effects on the City of Vernon or any surrounding areas. The project is consistent with the General Plan as adopted by the City of Vernon and is categorically exempt from the California Environmental Quality Act (CEQA) because it consists of four or less parcels. 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 is categorically exempt from CEQA under Section 15315 of the CEQA Guidelines (division of industrial property into four or fewer parcels). It is further recommended that Tentative Parcel Map No. 26476 be approved subject to the following conditions: 1. Reconstruct to City standards curb, gutter, sidewalk, and associated pavement along the entire Bickett Street frontage within the City of Vernon to Master Plan width. The curb face of the curb and gutter shall be 15 feet from the street centerline. Appropriate transitions to existing curb and gutter at the City of Huntington Park boundary shall be provided as necessary. All utility poles, water meters, and vaults, fire hydrants and any Utilities or structures interfering with the relocation of the curb shall be removed or relocated as part of the construction. Street trees shall be planted in accordance with City standards, unless onsite landscaping is approved by the City. Said improvements shall be provided at no cost to the City. All public improvements shall be shown on Frontage Improvement Plans in standard City format with standard City of Vernon centerline stationing Page 3 of 11 Regular City Council Meeting Minutes August 7, 2002 and elevations consistent with an approved City benchmark. Frontage Improvement Plans will be subject to approval by the City prior to issuance of an encroachment or building permit. 2. All storm drainage shall be in accordance with NPDES requirements. The properties shall be graded such that drainage shall not cross property lines except as provided by a drainage easement approved by the City. Parkway drains per City of Vernon standards shall be provided to channel on -site drainage into the public right-of-way. 3. The parcels shall be provided with utilities. New and existing utilities shall not cross property lines, unless utility easements are approved by the City of Vernon Community Services and Water or Utilities Departments. 4. The Developer shall provide at no cost to the City of Vernon a three (3) foot dedication for road and utility purposes along the westerly side of Bickett Street, adjoining parcel "A", and within Vernon. It was moved by McCormick, seconded by Davis, to close the public hearing, the time being 5:25 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the Director of Community Services and Water, dated July 31, 2002, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Council determine that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Davis, seconded by McCormick, that the City Council determine that the project is categorically exempt from CEQA under Section 15315 of the CEQA Guidelines (division of industrial property into four or fewer parcels.) Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council approve Tentative Parcel Map No. 6476 subject to the conditions 1 through 4 listed above. Motion carried. The City Clerk announced that now was the time to open the public hearing to obtain testimony on the 2001-2002 Local Implementation Report required by the Congestion Management Plan as established by the Los Angeles County Metropolitan Transportation Authority. It was moved by McCormick, seconded by Ybarra, to open the public hearing to obtain testimony on the 2001-2002 Local Implementation Report required by the Congestion Management Plan as established by the Los Angeles County Metropolitan Transportation Authority, the time being 5:27 p.m. Motion carried. Page 4 of 11 Regular City Council Meeting Minutes August 7, 2002 The Director of Community Services and Water addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 1, 2002, was presented, advising that the Community Services and Water Department has conducted studies as required by the Metropolitan Transportation Authority (MTA) and outlined in the Congestion Management Program (CMP) and Land Use Analysis Program for the City of Vernon. It has been determined that the City of Vernon's 2001- 2002 Local Implementation Report is in conformance with CMP requirements and it is hereby recommended that the City adopt a Resolution for self -certification. The Mayor asked if there were any questions. There were no questions or comments. It was moved by Gonzales, seconded by Davis, to close the public hearing, the time being 5:30 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated August 1, 2002, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 814 - A Resolution of the City Council of the City of Vernon Finding the City of Vernon to be in Conformance with the Congestion Management Program (CMP) as Established by the Los Angeles County Metropolitan Transportation Authority, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8014 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 11, 2002, was presented, requesting authority and funds for Detective Jason Bogosian to attend the "Vehicle Theft Investigation Seminar" at La Mesa on August 19 through 23, 2002, with an expense allowance of $1,068.75, of which POST will reimburse $755.00. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Detective Jason Bogosian to attend the aforementioned seminar with an expense allowance of $1,068.75. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 25, 2002, was presented, requesting authority and funds for City Attorney Eduardo Olivo to attend the "League of California Cities Annual Conference" at Long Beach on October 2 through 5, 2002, with an expense allowance of $1,147.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the City Attorney Eduardo Olivo to attend the aforementioned conference with an expense allowance of $1,174.00. Motion carried. Page 5 of 11 Regular City Council Meeting Minutes August 7, 2002 Communication from Lewis Pozzebon, Director of Environmental Health, dated July 25, 2002, was presented, requesting authority and funds for himself to attend the "California Conference of Directors of Environmental Health" at San Diego on September 17 through 20, 2002, with an expense allowance of $602.20. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the Director of Environmental Health Lewis Pozzebon to attend the aforementioned conference with an expense allowance of $602.20. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated July 30, 2002, was presented, requesting authority and funds for the Assistant to the Chief Deputy City Clerk Nelly Giron to attend the "City Clerks' Association of California 2002 Southern `Nuts & Bolts' Conference" at Brea on September 19 and 20, 2002, with an expense allowance of $278.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the Assistant to the Chief Deputy City Clerk Nelly Giron to attend the aforementioned conference with an expense allowance of $278.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 30, 2002, was presented, requesting authority and funds for Records Manager Danita Robertson to attend the "California Law Enforcement Association of Records Supervisors Conference" at Fresno on October 14 through 18, 2002, with an expense allowance of $938.60. It was moved by Davis, seconded by Gonzales, that authority and funds be approved for Records Manager Danita Robertson to attend the aforementioned conference with an expense allowance of $938.60. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 30, 2002, was presented, requesting authority and funds for Detective Daniel Santos to attend the "Investigative Interview & Interrogation Techniques Class" at San Pedro on September 10 through 14, 2002, with an expense allowance of $1,045.40, of which POST will reimburse $1,002.44. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Detective Daniel Santos to attend the aforementioned class with an expense allowance of $1,045.40. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated July 31, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "Annual Local Enforcement Agency/California Integrated Waste Management Board Conference" at Squaw Creek on August 26 through 28, 2002, with an expense allowance of $857.90 and $852.40, respectively. Page 6 of 11 Regular City Council Meeting Minutes August 7, 2002 • Dan Downing, Chief Deputy Director • Leonard Grossberg, Senior Environmental Specialist It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the above listed personnel to attend the aforementioned conference with an expense allowance of $857.90 and $852.40, respectively. Motion carried. Communication from Steven Parker, Fire Chief, dated July 31, 2002, was presented, requesting authority and funds for the below listed Firefighters to attend the "Hazmat Technician Modules lA & 1B" at Santa Ana on September 30 through October 11, 2002, with an expense allowance of $650.00 each. • Robert Hawkins • Troy Durbin • Michael Byard It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed firefighters to attend the aforementioned modules with an expense allowance of $650.00 each. Motion carried. Communication from Steven Parker, Fire Chief, dated July 31, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "The Continuing Challenge Hazardous Materials Conference" at Sacramento on September 3, through 6, 2002, with an expense allowance of $932.50 and $944.50 respectively. • Frank Tostado, Fire Engineer • Chad McGovney, Firefighter It was moved by Davis, seconded by Gonzales, that authority and funds be approved for the above listed fire personnel to attend the aforementioned conference with an expense allowance of $932.50 and $944.50, respectively. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 1, 2002, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held August 6, 2002, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations on the Agenda for the Adjourned Regular Personnel Committee Meeting held August 6, 2002, be approved. Motion carried. Warrant Register No. 1095 covering claims and demands presented during the period of July 18 through July 31, 2002, drawn on Wells Fargo Bank totaling $333,945.94, which includes demand nos. 205777 through 206016, (inclusive), excluding Utilities' demands. (Accounting period August 2002). It was moved by Davis, seconded by Ybarra, that Warrant Register No. 1095 be approved and payment authorized for claims and demands totaling $333,945.94, excluding Utilities' demands. Motion carried. Page 7 of 11 Regular City Council Meeting Minutes August 7, 2002 Warrant Register No. 1095 covering claims and demands presented during the period of July 18 through July 31, 2002, drawn on Wells Fargo Bank totaling $6,226,200.81, which includes Utilities, demands nos. as listed below: (Accounting period August 2002). 205778 205782 205783 205786 205787 205789 205791 205792 205798 205799 205800 205804 205815 205819 205822 205825 205827 205828 205829 205831 205854 205861 205862 205868 205870 205896 205901 205904 205905 205930 205934 205940 205953 205958 205965 205968 205969 205970 205971 205972 205977 205978 205981 205984 205986 206002 206006 206011 206013 206015 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1095 be approved and payment authorized for Utilities, claims and demands totaling $6,226,200.81. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. The City Clerk asked that the following resolution be deferred to the next meeting. RESOLUTION NO. 8033 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Agreement for City Attorney Services. It was moved by Ybarra, seconded by Davis, that Resolution No. 8033 be deferred to the next City Council Meeting. Motion carried. The City Attorney asked the City Council to defer the following resolution to the next City Council Meeting. RESOLUTION NO. 8034 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8007 by Amending Schedule II, Exhibit "B," Pages 7 and 16 of Said Resolution Which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8034 be deferred to the next City Council Meeting. Motion carried. The Mayor called a short recess at 5:52 p.m. The City Council reconvened in regular session at 5:55 p.m., all members present before the recess again being present. Page 8 of 11 Regular City Council Meeting Minutes August 7, 2002 The City Clerk announced that there was nothing to be discussed on Item Nos. 1 and 2. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code § 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code § 54957. a. Conference with Labor Negotiator Agency negotiator: City Administrator Unrepresented classification The City Clerk announced that now was the time to go into closed session on Item Nos. 3 and 4. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session on Item Nos. 3 and 4, the time being 5:55 p.m. Motion carried. All persons were excused from closed session with the exception of the City Administrator/City Clerk, Assistant to the Chief Deputy City Clerk, and City Attorney. The Mayor ordered all communications to and from closed session deemed privileged and confidential. 3. 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 -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 and ER96-1663 (Restructuring); (c) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (d) Vernon v. All Persons; LASC No. BC 222145; CA B148676; (e) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; Shell Chemical Company, et al. v. County of Los Angeles, et al., USDC Case No. 00-01917 MRP (MANx); Phillips Petroleum Company, et al., v. County of Los Angeles, et al., USDC Case No. CV00-01938 MRP (MANx) ; (f) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280 (a) and A-1280 (b) ; (g) 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; (h) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ERO1-313 (ISO); FERC Docket Nos. EL00-95- 022/EL00-98-021 (SDG&E); FERC Docket Nos. EL00-95- 023/EL00-98-022 (ISO); FERC Docket Nos. EL00-95- Page 9 of 11 Regular City Council Meeting Minutes August 7, 2002 024/EL00-98-023 (PG&E); FERC Docket Nos. EL00-95- 025/EL00-98-024 (SCE); FERC Docket No. ERO1-1579 (ISO); FERC Docket No. ELO1-57-000 (Reliant Energy, etc. et al. v. ISO); ELO1-75 (Vernon v. ISO); USCA No. 01-1187 (consolidated with 01-1190) (PG&E v. FERC); FERC Docket No. EL00-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket Nos. RT01-82 (SDG&E), RTO1-83 (PG&E), RT01-85 (ISO) and RTO1-92 (SCE); SRP v. ISO, FERC Docket No. EL01-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-250 ((ISO); FERC Docket No. ER02-599 ((ISO); FERC Docket No. ER02-635 ((SDG&E); FERC Docket No. ER02-636 (SCE); FERC Docket No. ER02- 637 (PG&E); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-925 (SCE); FERC Docket No. ER02-1656 (ISO); EL02-103 (Vernon); (i) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (j) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (k) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (1) FERC Docket No ELO1-33 (SCE/PX); FERC Docket No. EL01- 36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. ELO1-37 (SRP & SMUD v. PX); (m) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); (n) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (o) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (p) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (q) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (r) Damon Construction Company v. Amelco Construction, etc. et al., LASC No. HP 02C00672; (s) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (t) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H.P. District); 4. 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 cases It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session on Item Nos. 3 and 4, the time being 6:02 p.m. Motion carried. Page 10 of 11 Regular City Council Meeting Minutes August 7, 2002 It was moved by Gonzales, seconded by Davis, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. ER02-2321 (California Independent System Operator Corporation) are hereby ratified. Motion carried. It was moved by McCormick, seconded by Ybarra, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. ER02-2192 (California Independent System Operator Corporation) are hereby ratified. Motion carried. It was moved by Gonzales, seconded by McCormick, to authorize the City Attorney's Office to initiate litigation regarding the defective video surveillance system purchased for the City's Police Department from Sperry West, Inc. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn, the time being 6:05 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk eonis C. Malburg Mayor Page 11 of 11