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20030903 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 3, 2003, 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 Gonzales, that the Minutes of the Adjourned Regular City Council Meeting held August 27, 2003, be approved and adopted as submitted. Motion carried. The City Clerk advised that now was the time to present the 10851 Award. Ed Dario from the Automobile Club of Southern California and Captain Tyler from the California Highway Patrol presented the 10851 Award to Police Officer Ignacio Estrada by for his outstanding performance while recovering stolen vehicles and arrests related to grand theft auto. Captain Tyler advised the City Council that The award being presented to Officer Estrada is based on for on his recovery of thirteen (13) stolen vehicles of which three (3) led to arrests. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council. Mauro Trujillo Utilityman II Ana Bedoy Dispatcher Police Department Activity Log for the period August 15 through 31, 2003, was presented. 15 years 10 years It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period August 15 through 31, 2003, be received and filed. Motion carried. Fire Department Activity Report for the period August 15 through 31, 2003, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period August 15 through 31, 2003, be received and filed. Motion carried. 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 Council at this time. Gary Shushnar spoke on behalf of the Chamber of Commerce and announced they were having a Blood Drive on September 24, 2003. Regular City Council Meeting Minutes September 3, 2003 He also spoke on issues facing businesses in the State and Worker's Compensation Benefit costs. He stated they met with assemblyman Nunez on August 22, 2003 in a general meeting on this matter. Gary Shushnar asked the City's support in helping to reduce this cost. Ron Garcia of Southern California Edison discussed railroad issues to businesses in the City. He also advised that Southern California Edison won PUC case to allow Edison to get back costs lost for transmission purchases. The City Clerk announced that it was time to open the public hearing to consider a request for a variance from Cooper's Cold Foods, Inc., located at 4510 Seville Avenue, to allow the applicant to utilize five existing non -conforming truck -loading spaces in compliance with Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance. It was moved by Gonzales, seconded by Davis, to open the public hearing to consider a request for a variance from Cooper's Cold Foods, Inc., the time being 5:20 p.m. Motion carried. The Director of Community Services and Water addressed the City Council and briefly summarized this matter and his Staff Report. Communication from Kevin Wilson, Director of Community Services and Water, dated August 27, 2003, was presented, advising that Cooper's Cold Foods, Inc., has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2- 8(c) and (e), Development Standards for the property located at 4510 Seville Avenue in the City of Vernon. The variance is to allow the use of five (5) non -conforming truck -loading spaces. The loading spaces, however, will be restricted to trucks that do not extend into the public right-of-way. Submitted herewith are the following supporting documents: 1. Staff Report dated August 25, 2003. 2. Request for variance application 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 CEQA because it is an existing facility as described in Section 15301. A Notice of Exemption will be prepared and filed with the County Clerk. It is hereby recommended that the variance be granted subject to the following conditions: a. The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a variance. Page 2 of 11 Regular City Council Meeting Minutes September 3, 2003 b. The applicant shall maintain the yard clean, free of debris, and prevent the off -site migration of debris. c. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. d. Cooper's shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e. All parking and loading areas necessary for Cooper's operations shall be striped in an acceptable a manner acceptable to the Director of Community Services & Water. It shall be paved with a hard durable surface material, 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 maintained to meet City standards. All required on -site parking and loading should be maintained so that off- street parking will not occur. f. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. g. The usage of all truck loading and parking spaces shall be limited so that all trucks shall enter the site in a front forward manner. No maneuvering of trucks shall take place in the street right-of-way and no truck parked at or using the loading docks shall extend into the street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. h. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. i. The facility shall be operated in a manner, which will not impede traffic on Seville Avenue or 46th Street. j. Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of trucks and the access requirements of the subject loading docks. The sign shall be a minimum 3" type adjacent to each driveway entrance that states, "Maximum Length vehicles allowed in this site is 25 feet in length. No maneuvering shall take place in the street right-of-way. All violations are subject to a fine not to exceed $500.00". k. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. 1. A covenant shall be recorded with the Los Angeles County Recorder's offices prior to construction advising all future property owners that all trucks accessing the non- conforming spaces are limited to a maximum of 25 feet in length, and that no maneuvering shall take place in the public right-of-way. That any violation of this Page 3 of 11 Regular City Council Meeting Minutes September 3, 2003 requirement is subject to a maximum $500.00 fine, and that signs regarding the maximum length of the trucks permitted on the property are to be posted. m. The property owner shall be subject to a fine not to exceed $500.00 for every truck that enters the site that violates the size and maneuvering requirement. n. The variance shall expire upon change of use, change in ownership interest, and/or the issuance of a new occupancy permit. o. Noncompliance with the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, Cooper's, to remove all nonconforming truck loading spaces. Mr. Wilson also made reference to a communication received from Fleetwood Properties expressing their concern about the traffic on 45th Street. Mr. Wilson advised the Council that this was taken care through the restriction of condition "i". Mr. Wilson also pointed out that there was a typographical error when the Staff report was submitted & that condition "i." Refers to 46th Street when if fact it should be 45th Street. Mr. Wilson also advised that his office responded to Fleetwood Properties and letting them know that the city has addressed their concerns. Councilman Gonzales asked about condition "j" and asked if this was a new condition because he didn't recall seeing it on other variances or conditional use permits. Mr. Wilson advised that it is not routinely listed but when it is determined that the need exists it will be made a condition. The Mayor asked if there were any questions and no one in the audience wished to address this issue. It was moved by Davis, seconded by Gonzales, to close the public hearing to consider a request for a variance from Cooper's Cold Foods, Inc., the time being 5:30 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the aforementioned communication August 27, 2003, and any and all supporting documents submitted as evidence during the public hearing be received and filed and the recommendation be approved. Motion carried. RESOLUTION NO. 8274 - A Resolution of the City Council of the City of Vernon Granting a Variance to Cooper's Cold Foods, Inc. from Section 26.4.2-8(c) and (e) of the Comprehensive Zoning Ordinance, for the Property Located at 4510 Seville Avenue in the City of Vernon, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 8274 be approved and adopted. Motion carried. Page 4 of 11 Regular City Council Meeting Minutes September 3, 2003 Communication from Kevin Wilson, Director of Community Services and Water, dated August 27, 2003, was presented, advising that David Pourbaba has submitted Final Parcel Map No. 26778. On November 6, 2002, the City Council approved the Tentative Parcel Map with the following conditions: 1. Reconstruct to City Standards any damaged curb, gutter and/or sidewalk along the Pacific Boulevard frontage. All existing public facilities within the public right-of-way shall be protected in place or removed and replaced per City of Vernon Standards. Sweetshade street trees shall be planted in accordance with City Standards in -lieu of City approved onsite landscaping. Said improvements shall be at no cost to the City. 2. The Developer shall construct new driveway aprons with new curb, gutter and sidewalk along Pacific Boulevard where vehicular access is required. All improvements shall conform to City of Vernon Standards and shall be paid for by the Developer. Driveway aprons for truck access shall be 50' minimum width and driveway aprons for passenger vehicle use shall be 27' minimum in width. 3. 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. 4. The parcels shall be provided with utilities. New and existing utilities shall not cross property lines, unless utility easement are provided and approved by the City of Vernon Community Services or Utilities Departments. All of the conditions for approval have been met. The County of Los Angeles has checked and approved the map for mathematical accuracy, survey analysis, title information and compliance with the subdivision map act. The project is consistent with the Vernon General Plan as adopted by the City of Vernon, and is consistent with the State Subdivision Map Act. As part of the tentative map approval process it was determined that the project was categorically exempt from the California Environmental Quality Act. It is herby recommended that Parcel Map No. 26778 be approved. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated August 27, 2003, be received and filed and that Parcel Map No. 26778 be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 28, 2003, was presented, transmitting a one-year Water Right License and Agreement with Coast Packing Company for the rights to 390 acre-feet of water. The cost of this water is $225.00 per acre-foot or $87,750.00 total. Page 5 of 11 Regular City Council Meeting Minutes September 3, 2003 This has been reviewed by the Director of Community Services and Water and the City Attorney; and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the agreement. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the Director of Community Services and Water, dated August 28, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8275 - 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 390 Acre -Feet of the Allowed Pumping Allocation for the Period July 1, 2003 Through June 30, 2004, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8275 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 28, 2003, was presented, advising that the Director of Community Services and Water is requesting approval of an Optical Fiber Use Agreement and a Short Form Indefeasible Right of Use Agreement by and between the City and C.R. Laurence Co., Inc. This will allow C.R. Laurence to receive fiber optic connection for their computer networking. The agreement has been reviewed by the City Attorney and it is hereby recommended that the Optical Fiber Use Agreement and Short Form Indefeasible Right of Use Agreement be approved and executed. The Mayor asked what "Indefeasible" meant? The City Attorney responded that it had something to do with property rights but could not elaborate at this time. The Mayor asked the Director of Community Services and Water if he could be more explicit? Mr. Wilson responded that he would leave the defining of this to the City Attorney. It was moved by McCormick, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated August 28, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8279 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Agreement No. 01 Optical Fiber Use Agreement and Short Form IRU- 01.1 Indefeasible Right of Use Agreement By and Between the City of Vernon and C.R. Laurence Co., Inc. for Fiber Optic Pilot Program, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8279 be approved and adopted. Motion carried. Page 6 of 11 Regular City Council Meeting Minutes September 3, 2003 Communication from Bruce Olson, Chief of Police, dated July 24, 2003, was presented, requesting authority and funds for Detective Michael Docherty to attend the "Beretta Armorer Training Course" at Riverside on September 8 through 10 2003, with an expense allowance of $246.00. It was moved by Davis, seconded by McCormick, that authority and funds be granted for Detective Michael Docherty to attend the aforementioned course with an expense allowance of $246.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated August 12, 2003, was presented, requesting authority and funds for Police Officer Ignacio Estrada to attend the "Interview and Interrogation Techniques Training" at Anaheim on September 29, 2003 through October 3 2003, with an expense allowance of $630.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Police Officer Ignacio Estrada to attend the aforementioned training with an expense allowance of $630.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated August 14, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "California Fire/Law Enforcement Terrorism Summit Seminar" at Irvine on September 24 and 25 2003, with an expense allowance of $183.00 each. • Solomon Benudiz, Captain • Steve Towles, Lieutenant It was moved by Davis, seconded by McCormick, that authority and funds be granted for the above -mentioned police personnel to attend the aforementioned seminar with an expense allowance of $183.00 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated August 19, 2003, was presented, requesting authority and funds for Dispatcher Teresa Nelson to attend the "Public Safety Basic Dispatcher Course" at Huntington Beach on September 29, 2003 through October 17 2003, with an expense allowance of $551.00. It was moved by Gonzales, seconded by Ybarra, that authority and funds be granted for Dispatcher Teresa Nelson to attend the aforementioned course with an expense allowance of $551.00. Motion carried. RESOLUTION NO. 8276 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and Rhino Construction Services for the Malburg Generating Station, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8276 be approved and adopted. Motion carried. Page 7 of 11 Regular City Council Meeting Minutes September 3, 2003 RESOLUTION NO. 8277 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and Palsons Electrical Engineering Services, Inc. for the Malburg Generating Station, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8277 be approved and adopted. Motion carried. RESOLUTION NO. 8278 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and Trimark Associates, Inc. for the Malburg Generating Station, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8278 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated August 28, 2003, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held on September 3, 2003, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations on the Agenda for the Adjourned Regular Finance Committee Meeting to be held on September 3, 2003, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 28, 2003, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held on September 3, 2003, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular Personnel Committee Meeting to be held on September 3, 2003, be approved. Motion carried. Warrant Register No. 1121 covering claims and demands presented during the period of August 21, 2003 through August 27, 2003, drawn on Wells Fargo Bank totaling $118,251.46, which includes demand nos. 211113 through 211202, (inclusive), and also excluding Utilities, demands (Accounting period September 2003). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1121 be approved and payment authorized for claims and demands totaling $118,251.46. Motion carried. Warrant Register No. 1121 covering claims and demands presented during the period of August 21, 2003 through August 27, 2003, drawn on Wells Fargo Bank totaling $5,216,720.62, which includes Utilities, demands nos. as listed below: (Accounting period September 2003). 212116 212122 212123 212127 212129 212134 212143 212148 212151 212155 212156 212162 212179 212183 212201 Page 8 of 11 Regular City Council Meeting Minutes September 3, 2003 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1121 be approved and payment authorized for Utilities' claims and demands totaling $5,216,720.62. 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 5:45 p.m. The City Council reconvened in regular session at 5:48 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 at this time. The City Attorney advised that there was nothing to be discussed in closed session at this time. 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 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 Section 54957. a. Conference with Labor Negotiator Agency negotiator: City Administrator Unrepresented classification(s) 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) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663 (Restructuring); (b) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (c) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280(a) and A-1280(b); (d) 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; (e) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ER00-105 (Vernon); FERC Docket No. ER01-313 (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. EL00-95-024/EL00-98-023 (PG&E); FERC Docket Nos. EL00-95-025/EL00-98-024 Page 9 of 11 Regular City Council Meeting Minutes September 3, 2003 (SCE); FERC Docket No. ER01-1579 (ISO); FERC Docket No. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); FERC Docket No. EL01-75 (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), RT01-83 (PG&E), RT01-85 (ISO) and RT01-92 (SCE); FERC Docket No. EL01-84 (SRP v. ISO); City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-599 (ISO); FERC Docket No. ER02-637 (PG&E); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-1656 (ISO); FERC Docket No. EL02-103 (Vernon); FERC Docket No. ER02-2321 (ISO); FERC Docket No. EL03-14 (Azusa); FERC Docket No. EL03-15 (Anaheim); FERC Docket No. EL03-20 (Riverside); FERC Docket No. EL03-21 (Banning); FERC Docket No. ER03-142 (SCE); FERC Docket No. EL03-31 (Vernon TRBA); FERC Docket No. ER03-219 (ISO); FERC Docket No. ER03-338 (SCE); FERC Docket No. PA02-2-001; FERC Docket No.ER03-310 (ISO); FERC Docket No. ER03-407 (ISO); FERC Docket No. EL03-54 (Anaheim, et al, v. ISO) (f) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (g) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (h) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (i) FERC Docket No EL01-33 (SCE/PX); FERC Docket No. EL01- 36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. EL01-37 (SRP & SMUD v. PX); (j) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); (k) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (1) Department of Water Resources v. ACN Energy, Inc., et al., Case No. 01AS05497; (m) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (n) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (o) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (p) Aucensio Saucedo Lopez v. Vernon; LASC No. 02CO0862 (H.P. District); (q) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case No. BC 265905; (r) JVL Books, Inc. v. Vernon; USDC No. CV-03-2033 SVW (MCx) ; (s) Jessica Rodriguez v. Vernon; WCAB Case No. Unassigned; (t) Enron Power Marketing Inc. v. Vernon; USBC Adversary Proceeding No. 03-03131 (AJG); (u) Robert S. Spradlin, etc. v. Vernon; Norwalk Superior Court No. VC 039280; (v) Jessica Rodriguez v. Vernon; LASC No. BC298890; (w) Lexington Insurance Company v. Vernon; Norwalk Superior Court No. VC 040647; Page 10 of 11 Regular City Council Meeting Minutes September 3, 2003 There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn, the time being 5:49 p.m. Motion carried. Leonis C. Malbulg Mayor ATTEST: zc Bruce V. Malkenhorst City Clerk Page 11 of 11