19871215 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD DECEMBER IS, 1987 AT
4:45 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 of the meeting held December I, 1987, be approved as
written and adopted. Motion carried.
Police Department Activity Report for the period of
December 1 thru 14, 1987, was presented.
It was moved by McCormick, seconded by Gonzales that
the Police Department Activity report for the period of
December 1 thru 14, 1987 be received and filed. Motion carried.
Fire Department Activity Report for the period December
1 thru 14, 1987, was presented.
It was moved by Ybarra, seconded by Davis that the Fire
Department Activity Report for the period December 1 thru 14,
1987 be received and filed. Motion carried.
It was moved by Gonzales, seconded by Ybarra, to open
the Public Hearing to consider the proposed revised General Plan
consisting of all elements required by State Law for the City of
Vernon. Motion carried.
The following is a list of persons who spoke during the
public hearing on the City's General Plan:
Roy C. Dickson of Southern Pacific Trans. Co.
Carl J. West of Slauson Distribution Center, Inc.
Dale J. Goldsmith on behalf of David Karney
William Driscoll on behalf of Parker Trucking
William D. Ross, Central City South Association
Dick Parker of Parker Trucking
Ron Matik
Dixon R. Harrison, A. L. Wood Mfg.
Sidney Title, of Sidney Title
Lora Faulk, of Faulk's Delivery
Donald McAbee, Calmat Properties
Jeff Little of J.J. Little Co.
Brian Weber on behalf of Santa Fe Pacific Realty
Stanley Lamport on behalf of Pep Boys
Ron Madock
Seymour Larrie
Les Gottier of Gottier Land Company
It was moved by Gonzales, seconded by Davis, to close
the comment segment of the public hearing. Motion carried.
It was moved by Ybarra, seconded by McCormick, that the
public hearing in the matter of the proposed revised General
Plan consisting of all elements required by State Law for the
City of Vernon be closed. Motion carried.
Communication from Victor Vaits, Director of Community
Services, dated December 8, 1987, transmitting for consideration
the proposed General Plan, consisting of the following elements:
1. Land Use element;
2. Infrastructure element;
3. Housing element;
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December 15, 1987
4. Safety Element;
5. Natural resources element;
6. Noise element;
and the following supporting documents:
1. Notice of Public Hearing and affidavits of posting,
mailing and publishing;
2. Notice of Intent to adopt a Negative Declaration
and affidavits of posting and mailing;
3. Environmental Information form;
Mr. Vaits advises that in his opinion the proposed General Plan
will pose no adverse effects to the City or any surrounding area
and that the proposed General Plan will not have a significant
effect on the environment and no mitigating measures are re-
quired. Mr. Vaits hereby recommends to the City Council to
determine that the proposed General Plan will not have a signifi-
cant effect on the environment and adopt a Negative Declaration.
Mr. Vaits also recommends that the proposed General Plan
consisting of Land Use, Infrastructure, Housing, Safety, Natural
Resources and Noise elements be adopted as the General Plan for
the City of Vernon.
It was moved by Gonzales, seconded by McCormick, that
the matter of adopting a Negative Declaration with regard to
the proposed General Plan be deferred to the first City Council
meeting in February (February 2, 1988). Motion carried.
RESOLUTION NO. 5453 - A Resolution of the City Council
of the City of Vernon Adopting the General Plan for the City of
Vernon and the Various Elements Included Therein and Repealing
all Resolutions in Conflict therewith.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 5453 be deferred to the first meeting in February
(February 2, 1988). Motion carried.
It was moved by Ybarra, seconded by Gonzales, to open
the Public Hearing in the matter of the proposed revision of the
Vernon Zoning Ordinance, and that all comments submitted during
the public hearing on the revised General Plan also be deemed
submitted during the public hearing on the revised zoning
ordinance, where applicable. Motion carried.
The following is a list of persons who spoke against
the revised Zoning Ordinance:
Dave Goldsmith representing David Karney
Jeff Little of J.J. Little
Stanley Lamport, representing Pep Boys
William Driscoll representing Parker Trucking
Jim Elsner
Carl West representing Moran Properties
Jim Highland of Hager Realty
Dixon Harwin
Sidney R. Title
Richard Smooke of Wellman Properties
Communication from Victor Vaits, Director of Community
Services, dated December 8, 1987, was presented, transmitting for
consideration the proposed Zoning Ordinance for the City of
Vernon and the following supporting documents:
1. Notice of Public Hearing and affidavits of posting,
mailing and publishing;
2. Notice of Intent to adopt a Negative Declaration and
affidavits of posting and mailing;
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3. Environmental Information form.
Mr. Vaits advises that in his opinion the proposed Zoning Ordi-
nance will pose no adverse effects to the City or any other
surrounding area.
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The proposed Zoning Ordinance is consistent with the revised
General Plan submitted earlier and will not have a significant
effect on the environment, and no mitigating measures are
required.
Mr. Vaits also recommends that the City Council determine:
1. That the proposed Zoning Ordinance is consistent
with the General Plan as adopted by the by the City of Vernon;
2. That the proposed Zoning Ordinance will not have a
significant effect on the environment, and adopt a Negative
Declaration.
Mr. Vaits hereby recommends to the City Council that the proposed
Zoning Ordinance be adopted.
It was moved by McCormick, seconded by Ybarra, that the
public hearing in the matter of the proposed revision of the
Vernon Zoning Ordinance be continued to February 2, 1988. Motion
carried.
ORDINANCE NO. 973 - An Ordinance of the City of Vernon,
California Establishing Zoning Districts in the City and
Regulating and Restricting the Use of Land and Buildings, Height
of Buildings, Open Spaces and the Location of Buildings and
Improvements on Land, Adopting a Map Showing said Zoning Dis-
tricts, Defining the Terms Used in the Ordinance, providing for
Its Adjustment, Amendment, and Enforcement, Prescribing Penalties
for Violations, and Repealing Ordinances 856, and 801 and all
Ordinances in Conflict Therewith (FIRST READING).
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 973 be deferred to February 2, 1988. Motion
carried.
At this time, the Mayor asked if anyone wished to
address the City Council regarding any items listed on today's
Agenda.
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There was no one in the audience who wished to address
the City Council regarding any items listed on the Agenda
RESOLUTION NO. 5454 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement with the Southern California Edison Company
Amending the Existing Firm Transmission Service Agreement for the
Transmission of Capacity and Energy Purchased from the California
Department of Water Resources, was presented.
It was moved by Ybarra, seconded by Gonzales that
Resolution No. 5454 be approved and adopted. Councilman Davis
abstained from voting on the above motion and disqualified
himself because its reasonably foreseeable that the decision will
have a material, financial effect on his source of income.
Motion carried.
Communication from Bruce V. Malkenhorst, dated December
9, 1987, was presented, recommending that the following personnel
actions be approved as indicated:
I Step Increases and Advancements:
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Richard Melvin be granted a merit step increase to
Utilityman V, Step 6, with a new monthly salary of $1602,
effective December 20, 1987, based on his satisfactory
job performance during the past year.
It was moved by Ybarra, seconded by McCormick that Richard
Melvin be granted a merit step increase to Utilityman V, Step 6,
effective December 20, 1987. Motion carried.
Rex A. Hill be granted a merit step increase to
Police Officer II, Step 4, with a new monthly salary
of $2467 effective January 2, 1988, based on his
satisfactory job performance during the past year.
It was moved by Davis, seconded by Gonzales that Rex A.
Hill be granted a merit step increase to Police Officer II, Step
4, effective January 2, 1988. Motion carried.
The below-listed persons be granted a merit step
increase from Firefighter, Step 7, to Firefighter, Step 6,
and that they also be granted the 2 1/2% Educational
Incentive pay for their satisfactory completion of the
necessary fire science courses for a new monthly salary
of $2192, effective January 4, 1988:
1. John Arvizu
2. Stuart Fujino
3. Jed Hulsey
4. David Kimes
5. David Mann
6. Nick Ziegler
It was moved by Ybarra, seconded by McCormick that the
above-listed persons be granted a merit step increase from Fire-
fighter, Step 7, to Firefighter, Step 6, and that they also be
granted the 2 1/2% Educational Incentive pay for their satis-
factory completion of the necessary fire science courses for a
new monthly salary of $2192, effective January 4, 1988. Motion
carried.
Gayle Sanders be advanced to Utility Clerk, Step 6,
with a new monthly salary of $1377, effective January 3,
1988, based on her meritorious job performance and
increased job responsibilities.
It was moved by Davis, seconded by Ybarra that the request
to advance Gayle Sanders to Utility Clerk, Step 6, be deferred to
the next City Council meeting. Motion carried.
Veronica Casares be advanced to Utility Clerk, Step 6,
with a new monthly salary of $1377, effective January 3,
1988, based on her meritorious job performance and
increased job responsibilities.
It was moved by Gonzales, seconded by McCormick that
Veronica Casares be advanced to Utility Clerk, Step 6, effective
January 3, 1988. Motion carried.
II Hire:
Victor Trujillo and Mike Galvan, temporary employees
in the Community Services Department, be hired as regular,
full-time employees, classified as Utilityman V, Step 7,
effective December 20, 1987, with new monthly salaries
of $1519. contingent upon their successful completion of
a pre-employment physical.
It was moved by McCormick, seconded by Ybarra that Victor
Trujillo and Mike Galvan, temporary employees in the Community
Services Department, be hired as regular, full-time employees,
classified as Utilityman V, Step 7, effective December 27, 1987.
Motion carried.
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December 15, 1987
III Reimbursement:
Officer Jerry Salgado be reimbursed $175.73, which is
one half the purchase price of his body armor, in accor-
dance with Section 11.1 of the MOU dated August 31, 1986.
It was moved by Ybarra, seconded by Davis that Officer
Jerry Salgado be reimbursed $175.73. Motion carried.
Acting Battalion Chief, Larry Burdett, be reimbursed.
$75 from the Education and Training Appropriation account
for his satisfactory completion of courses taken at Rio
Hondo College, in connection with his position with the
City.
It was moved by McCormick, seconded by Gonzales that
Acting Battalion Chief, Larry Burdett be reimbursed $75.00.
Motion carried.
Communication from Bruce V. Malkenhorst, dated December 9,
1987, was presented, requesting authority and funds for himself
and Thomas Ybarra Mayor Pro-tern, and Councilman Gonzales to
attend the California Society of Municipal Finance Officers 28th
Annual Seminar in Anaheim, February 3, to 6, 1988, with an ex-
pense allowance of $612 each.
It was moved by Davis, seconded by McCormick that
authority be granted for City Clerk, Bruce V. Malkenhorst, Mayor
pro-Tern Thomas Ybarra and Councilman, Larry Gonzales to attend
the California Society of Municipal Finance Officers 28th Annual
Seminar in Anaheim, February 3 to 6, 1988, with an expense allow-
ance of $612 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 10, 1987, was presented, advising that Transporta-
tation Terminals Company has submitted a completed application
for a Conditional Use Permit to operate a truck facility at 2720
26th Street. It is hereby recommended that the application and
supporting documents be received and on the basis of the supplied
information approve a Notice of Intent to adopt a Negative Decla-
ration in compliance with the California Environmental Quality
Act, stating that the project will not have significant effect on
the environment.
It was moved by Ybarra, seconded by Davis that the
application and supporting documents for a Conditional Use Permit
to operate a truck facility at 2720 26th Street received and filed,
and it was moved by McCormick, seconded by Ybarra that a Notice of
Intent to adopt a Negative Declaration be approved and that a
Public Hearing in said matter be set for January 5, 1988 at or
about 5:00 P.M. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated December 10, 1987, was presented, transmitting the
Minutes of the Finance Committee Meeting held December 7, 1987,
for your approval of recommendations contained therein.
It was moved by Ybarra, seconded by Gonzales that the
Minutes of the Finance Committee Meeting held December 7, 1987 be
approved as written and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 19, 1987, was presented, requesting authority and
funds for Edward Cooney to attend the California Society of
Municipal Officer's Seminar in Anaheim, February 3 to 6, 1988,
with an expense allowance of $490, (deferred from the December 1,
1.987 meeting).
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It was moved by Ybarra, seconded by Davis that the
request for authority and funds for Edward Cooney to attend the
California Society of Municipal Officer's Seminar in Anaheim,
February 3 to 6, 1988, with an expense allowance of $490,
(deferred from the December I, 1987 meeting) be deferred to the
next City Council meeting. Motion carried.
Communication from Victor H. Vaits, Director of
Community Services, dated December 9, 1987, was presented,
advising that Julius L. Zelman Company has submitted Tract Map
No. 45805 for investigation and report in accordance with Subdi-
vision Map Act. Mr. Vaits advises that in his opinion this
evidence supports a finding that the proposed Tract Map is consi-
stent with the General Plan as adopted by the City of Vernon, the
State Environmental Quality Act, the State Subdivision Map Act;
and hereby recommends that Tract Map No. 45805 be approved.
It was moved by Ybarra, seconded by Gonzales that Tract
Map No. 45805 be approved and that said document be received and
filed as evidence. Motion carried.
Communication from Victor H. Vaits, Director of
Community Services, dated December 10, 1987, was presented, trans-
mitting for consideration, a fully executed grant deed from
Julius L. and Anita Zelman for a portion of property located at
the northeast corner of Fruitland and Santa Fe Avenues; and
recommending that said grant deed be accepted and a certificate
of acceptance be approved and the Mayor and City Clerk authorized
to execute same.
It was moved by McCormick, seconded by Davis that the
aforementioned grant deed be accepted and a certificate of
acceptance be approved and the Mayor and City Clerk be author-
ized to execute same. Motion carried.
Warrant Register No. 731 covering claims and demands
presented during the period of December 1 thru 15, 1987, which
includes Demand Nos. 15418 thru 15633 (inclusive) excluding void
Demand Nos. as listed below, excluding Light & Power Demands drawn
on the First Interstate Bank totaling $115,447.03 (accounting
period December 1987), was presented.
15450
15451
15452
15453
15454
15455
15456
15457
15458
15580
It was moved by Ybarra, seconded by McCormick that
Warrant Register No. 731 be approved and payment authorized for
Demand Nos. 15418 thru 15633 (inclusive) excluding void Demand
Nos. as listed above, excluding Light & Power Demands drawn on
the First Interstate Bank totaling $115,447.03 (accounting period
December 1987). Motion carried.
Warrant Register No. 731 covering claims and demands
presented during the period of December 1 thru 15, 1987, which
includes Light & Power Demand Nos., as listed below, drawn on the
First Interstate Bank totaling $4,224,656.52 (accounting period
December 1987), was presented.
15418 15488 15549 15585 15586**
15426 15491 15553 15595
15427 15497 15558 15600
15428 15507 15560 15607
15429 15511 15570 15609
15469 15521 15573 15610
15473 15533 15575 15615
15474 15544 15581 15621
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It was moved by Ybarra, seconded by McCormick that
Warrant Register No. 731 be approved and payment authorized for
Light & Power Demand Nos., as listed above, in the amount of
$4,224,656.52 (accounting period, December, 1987). Councilman
Davis abstained from voting on the above motion and disqualified
himself because its reasonably foreseeable that the decision will
have a material, financial effect on his source of income. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 10, 1987, was presented, advising that Longview
Fibre Company, located at 4955 Maywood Avenue, has requested a
variance from City Code Section 7.39: Minimum parking require-
ments. They are proposing to cover a 19'6" x 11'6" loading dock.
City Code requires 112 parking spaces, however, at this time they
are only providing 60. This request has been reviewed by the
Fire Department and the Community Services Department and it is
hereby recommended that the variance be granted with the condi-
tion that the loading dock be recessed to provide a minimum 65
ft. clearance from the street right-of-way.
It was moved by Gonzales, seconded by Ybarra that the
aforementioned communication from the City Clerk be approved and
that a variance from City Code Section 7.39: Minimum parking
requirements, be granted to Longview Fibre Company, contingent
upon the above conditions. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December II, 1987, was presented, advising that Lew-Mar
Investments (Jet Abrasives), located at 4383 Fruitland Avenue has
requested a variance from City Code Section 7.39: Minimum parking
requirements. The Company is proposing to construct a 5,000
sq. ft. addition to the existing 31,000 sq. ft. building.
The company can provide 32 of the 38 required parking
spaces. This request has been reviewed by the Community
Services Department and the Fire Department, and it is hereby
recommended that the variance be granted contingent upon the
following conditions:
1. the parking lot on the s/w corner of Fruitland
Avenue and Everett Avenue be tied by covenant to
4385 Fruitland Avenue to be used exclusively for
parking for 4385 Fruitland Avenue;
2. The use of the existing dock facing Fruitland
Avenue be limited to trucks no longer than 39 ft.
and no encroachment on public right-of-way be
permitted at any time;
3. Frontage improvements on Fruitland Avenue and
Everett Avenue to be constructed per City Standards.
It was moved by McCormick, seconded by Ybarra that the
aforementioned communication from the City Clerk be approved and
that a variance from City Code Section 7.39: Minimum parking
requirements, be granted to Lew Mar Investments (Jet Abrasives),
contingent upon the above conditions. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 10, 1987, was presented, recommending that the
City Council consider at this time the matter of the City
becoming a Charter City.
It was moved by Ybarra, seconded by Davis that the
retention of Mr. Glen R. Watson of Richards, Watson & Gershon,
Attorneys at Law, be authorized for the purpose of his preparing
a charter to bring before the City Council. Motion carried.
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December 15, 1987
RESOLUTION NO. 5450 - A Resolution of the City Council
of the City of Vernon, California, Calling and Giving Notice of
the Holding of a General Municipal Election to be held on Tuesday,
April 12, 1988 for the Election of Certain Officers as Required
by the Provisions of the Laws of the State of California Relating
to General Law Cities and for the Submission to the voters of a
Question Relating to Whether a Charter Entitled "Charter of the
City of Vernon", Shall be Adopted, was presented.
RESOLUTION NO. 5449 - A Resolution of the City Council
of the City of Vernon, California, Requesting the Board of
Supervisors of the County of Los Angeles to Render Specified
Services to The City Relating to the Conduct of A General
Municipal Election to be held on Tuesday, April 12, 1988, was
presented.
RESOLUTION NO. 5451 - A Resolution of the City Council
of the City of Vernon California, Adopting Regulations for
Candidates' Statements submitted to the Voters at an Election to
be Held on Tuesday, April 12, 1988, was presented.
RESOLUTION NO. 5455 - A Resolution of the City Council
of the City of Vernon, California, Providing for the filing of
Rebuttal Arguments for city Measures Submitted at Municipal
Elections, was presented.
OR
RESOLUTION NO. 5455 - A Resolution of the City Council
of the City of Vernon, California, Setting Priorities for Filing
(a) written Argument(s) Regarding a City Measure (and Directing
the City Attorney to Prepare an Impartial Analysis), was
presented.
It was moved by Ybarra, seconded by McCormick that
Resolution Nos. 5450, 5449, 5451 and 5455 be deferred to the next
City Council meeting. Motion carried.
It was moved by Ybarra, seconded by McCormick that the
City Council recess to Closed Session pursuant to Government Code
Section 54956.9(a),(b)(1), to confer with its attorney regarding
pending litigations, the time being 9:40 P.M. Motion carried.
All persons with the exception of the City Clerk, the
City Attorney and Victor Vaits, Director of Community Services
were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
p.m.
The Director of Community Services was excused at 9:43
Councilman Davis was excused at 9:45 p.m.
Councilman Davis resumed his seat on the Council, the
time being 9:55 p.m.
It was moved by McCormick, seconded by Ybarra, that the
Council go out of Closed Session and resume regular session, the
time being 9:56 p.m. Motion carried.
It was moved by McCormick, seconded by Davis, that the
claim of Michell Kreintenberg, Esquire, on behalf of Eduardo
Alvarez (Becerril) be denied. Said claim stems from an accident
occurring on July I, 1987, involving a city employee and has been
reviewed by our Liability Administrators. Motion carried.
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There being no further business to come before the
Council, it was moved by McCormick, seconded by Ybarra. Motion
carried.
ATTEST:
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Bruce V. Malkenhorst
City Clerk
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