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19880202 Regular City Council Meeting - Minutes ~ MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 2, 1988 AT 5:00 P.M. IN COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA ------------------------------------------ MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: None I The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the minutes of the meeting held January 26, 1988, be deferred to the next City Council meeting. Motion carried. Police Department Activity Log for the period January 16, thru 31, 1988, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Report for the period of January 16, thru 15, 1988 be received and filed. Motion carried. Fire Department Activity Report for the period January 16, thru 31, 1988, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period January 16, thru 31, 1988, be received and filed. Motion carried. At this time the Mayor announced if there was anyone in the audience who wished to address the Council on any items listed on today's agenda. The City Clerk advised that the consideration of a pro- posed General Plan and the Proposed Zoning Ordinance was con- sidered at the meeting of December 15, 1987. The consideration of the General Plan was continued to the regular scheduled meeting of the City Council to be held on February 2, 1988, and the Public Hearing in the matter of the Proposed Zoning Ordinance was continued until February 2, 1988, and the following communi- cations from the Director of Community Services are hereby presented. I At this time the City Attorney advised of changes that have been made to the proposed General Plan and Zoning Ordinance and recommended to the Council that the matter be continued to March 15, 1988, and that a Notice to Re-Open the Public Hearing in the matter of the General Plan on March 15, 1988 be granted. Victor Vaits, Director of Community Services, advised that the changes and revisions were available to anyone concerned at a cost of $5.00 for the Proposed Zoning Ordinance, $6.00 for the Draft General Plan and $8.00 for the Background Report. Sandra Southworth of Rideon Services came before the Council and stated that she wants information sent to property owners and Business License Holders on all that is available. Mark Slotkin owner of property located at 4444 Pacific Avenue, advised the Council that he feels the Zoning Ordinance is unlawful and that the City cannot overall restrict the land use temporarily, or permanently. Property owners must be com- pensated for the restriction of their land use. Ross Pelfreyman of Sweetener Products stated that he would like a list of changes made to the Zoning Ordinance and General Plan Draft since the last meeting. 1620 City Council Minutes page 2 February 2, 1988 It was moved by Gonzales, seconded by Davis, a new Public Hearing in the matter of the proposed General Plan be approved and set for March 15, 1988, at 5 p.m. or as shortly thereafter as possible. Motion carried. I 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 (deferred from December 15, 1988 City Council meeting). It was moved by McCormick, seconded by Ybarra, that Resolution No. 5453 be deferred to the meeting of March 15, 1988. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Public Hearing in the matter of the proposed revision of the Zoning Ordinance be continued and a new notice given to hold said publice hearing on March 15, 1988 at 5 p.m. or as shortly thereafter as possible. Motion carried. · ORDINANCE NO. 973 - An Ordinance of the City of Vernon, California Establishing Zoning Districts in the City and Regula- ting and Restricting the Use of Land and Buildings, Height of Buildings, Open Spaces and the Location of Buildings and Improve- ments on Land, Adopting a Map Showing said Zoning Districts, 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) (deferred from December 15, 1987 City Council meeting). It was moved by Gonzales, seconded by Davis, that Ordinance No. 973 be deferred to the City Council meeting to be held March 15, 1988. Motion carried. Communication from Victor Vaits, Director of Community Services, dated January 28, 1988, was presented advising that comments and questions raised during the public hearings held on December 15, 1987, on the proposed Zoning Ordinance and proposed revised General Plan have been considered and hereby submits changes in both the proposed revised General Plan and the pro- posed Zoning Ordinance and also submits the following documents for inclusion in the record public hearings on the General Plan and Zoning Ordinance: I 1. Copy of transcript on public hearings held on December 15, 1987; 2. copy of background report for Vernon General Plan; 3. copy of responses prepared by staff with respect to certain comments presented during the public hearings; 4. copy of revised proposed Vernon General Plan incorporating revisions through January 28, 1988; 5. copy of revised proposed comprehensive Zoning Ordinance which incorporates revisions through January 28, 1988. Mr. Vaits hereby recommends that these documents be received and filed and accepted as evidence in their delibera- tions on the proposed General Plan and proposed Zoning Ordinance. In addition, Mr. Vaits recommends to the City Council to set a new public hearing on the revised General Plan and to continue rb~ ~~@~iae~~ft9i~Heo~da~t'8Hninq Qrdinance Qoth to March ~5, 1988 documents. 1 a 1nformatlon ln the above 11~ted16 21 City Council Minutes page 3 February 2, 1988 It was moved by Ybarra, seconded by McCormick, that the communication from Director of Community Services dated January 28, 19888, regarding the proposed Zoning Ordinance and proposed revised General Plan be received and accepted as evidence. Motion carried. I Communication from Mr. David Brearley, City Attorney, dated February 2, 1988, was presented, regarding the proposed General Plan and Zoning Ordinance and responding to certain issues presented in a letter during the Public Hearing on the General Plan held on December 15, 1987 by Mr. William D. Ross, attorney for Central City South Association. It was moved by Ybarra, seconded by McCormick, that the communication from the City Attorney dated February 2, 1988, regarding the General Plan and Zoning Ordinance, and his responses to Mr. Ross's questions be received and filed as part of the record. Motion carried. Continuation of the Public Hearing in the matter of the application of the construction and operation of a 120 KW Engine/Generator to be located at 6062 Alcoa Avenue (continued from January 26, 1988 Adjourned Regular City Council Meeting). Communication from Bruce V. Malkenhorst, City Clerk, dated February 1, 1988, advising that a telephone call was received from Mr. Ed Borray's office, President of American Private Power, requesting that their application for a Conditional Use Permit to operate a 120 KW Engine/Generator to be located at 6062 Alcoa Avenue be deferred to the next City Council meeting. The City Clerk hereby recommends that the request be approved. It was moved by Ybarra, seconded by McCormick, that the Public Hearing in the matter of the conditional use permit for the construction and operation of a 120 KW Engine/Generator be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 28, 1988, was presented, transmitting the agenda for the Personnel Committee Meeting to be held February 1, 1988, and recommending approval of recommendations contained thereon. It was moved by Gonzales, seconded by Davis, that the recommendations contained on the Personnel Agenda for the meeting to be held on February 1, 1988, be approved. Motion carried I Communication from Bruce V. Malkenhorst, City Clerk, dated February 2, 1988, was presented, transmitting a letter report prepared by Baker G. Clay and Associates, Inc., dated February 1, 1988, recommending the adoption of the Revised Sche- dule No. S. The City Clerk hereby recommends that said letter report be received and filed and the Revised Schedule No. S. be approved. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Clerk be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 5466 - A Resolution of the City Council of the City of Vernon Amending Exhibit "H", Schedule Vernon S of Resolution No. 5076 as Amended by Resolution No. 5111 Which Provided for the Establishment of Electrical Rates to be Charged for Electrical Energy Distributed and Supplied by Said City Within Its Boundaries (deferred from the January 26, 1988 City Council meeting), was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5466 be approved and adopted. Motion carried. 162t City Council Minutes page 4 February 2, 1988 Warrant Register No. 734 covering claims and demands presented during the period of January 16, thru 31, 1988, which includes Demand Nos. 16082 thru 16180 (inclusive) excluding void Demand Nos. as listed below, and excluding Light & Power Demands, drawn on the First Interstate Bank, totaling $208,192.08 was examined and audited (accounting period February 1988): I 16082 16092 16093 16094 16095 16096 16097 16098 16099 16112 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 733 be approved and payment authorized for Demand Nos. 16082 thru 16180 (inclusive) excluding void Demand Nos. as listed above, and excluding Light & Power Demands drawn on the First Interstate Bank totaling $208,192.08. Motion carried. Warrant Register No. 734 covering claims and demands presented during the period of January 16 thru 31, 1988, which includes Light & Power Demand Nos., as listed below, drawn on the First Interstate Bank totaling $509,012.83 was examined and audited (accounting period February 1988): 16084 16088 16089 16109 16121 16122 16128 16140 16150 16153 16165 16166 16167 16168 16174 16179 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 734 be approved and payment authorized for Demand Nos. as listed above, drawn on the First Interstate Bank totaling $509,012.83. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it's reasonably foreseeable that the decision will have a material financial effect on his source of income. Jerry Seeley of Metal Dimensions addressed the Council on the matter of Graffiti and inquired as to whether there may be another process for removing Graffiti or that can be applied as paint thus making removal of Graffiti simpler. I It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session pursuant to Government Code Section 54957, the time being 6:05 p.m. Motion carried. All persons with the exception of the City Clerk, City Attorney and Acting Fire Chief Larry Spadt were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Acting Fire Chief Spadt was excused from Closed Session at 6:25 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session the time being 6:34 p.m. It was moved by Gonzales, seconded by McCormick, that the Council go into Closed Session pursuant to Government Code section 54956.9 (a) to confer with its attorney regarding pending litigations, the time being 6:35 p.m. Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. · 1623 City Council Minutes page 5 February 2, 1988 The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Councilman Davis was excused from Closed Session, the time being 6:45 p.m. Councilman Davis resumed his seat on the Council, the time being 7:04 p.m. I It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 7:12 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Attorney be instructed to prepare an Employment Agreement for Larry Spadt. Motion carried. There being no further business to come before the Council, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ~. yor ATTEST: /5 /#~~ Bruce V. Malkenhorst City Clerk I 162Jt