19880607 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD TUESDAY,
JUNE 7, 1988 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, Davis, Gonzales, 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 City Council meeting held May 17, 1988 be approved
as submitted and adopted. Motion carried.
At this time the Mayor presented a 20 year Service Pin to
Sergeant Thomas Igyarto.
At this time, 5:03 p.m., the Mayor declared a short recess.
The Council reconvened in regular session all members
present before the recess again being present, the time being 5:05
p.m.
Police Department Activity Log for the period May 16 thru
31, 1988, was presented.
It was moved by McCormick, seconded by Gonzales, that the
Police Department Activity Log for the period May 16 thru 31, 1988 be
received and filed. Motion carried.
Fire Department Activity Report for the period May 16 thru
31, 1988, was presented.
It was moved by Ybarra, seconded by Davis, that Fire
Department Activity Report for the period May 16 thru 31, 1988 be
received and filed. Motion carried.
At this time the Mayor asked if there was anyone in the
audience who wished to address the Council on any matters listed on
today's agenda other than with regard to the Public Hearings.
There was no one present who wished to address the Council
on regular matters listed on the agenda.
It was moved by Ybarra, seconded by McCormick, to open the
Public Hearing for the consideration of an application from American
Way Transport for a Conditional Use Permit for a truck terminal at
4520 Maywood Avenue. Motion carried.
Victor Vaits Director of Community Services briefly
summarized the conditional use permit application and his recommen-
dation to grant said permit.
Communication from Victor Vaits, Director of Community
Services, dated May 31, 1988, was presented, advising that American
Way Transport has submitted an application for a Conditional Use
Permit to operate a truck terminal at 4520 Maywood Avenue, and
transmitting the following documents:
1. Request for Conditional Use Permit and supporting
information;
2. Notice of public hearing, copies of notification
letters to owners and tenants in the area and
affidavits of posting and mailing;
3. Environmental Information Form;
4. Engineer's Report
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June 7, 1988
American Way Transport, Inc. was found to be categorically exempt
from the California Environmental Quality Act process, since they
are using an existing truck terminal and the facility is not being
expanded. It is the Director of Community Service's opinion that
the proposed operation will pose no adverse effects to the City of
Vernon and will not have a significant effect on the environment,
and no mitigating measures are required.
It is hereby recommended that the conditional use permit be granted
contingent upon the following conditions:
1. An easement or deed be granted to the City, for the
construction of a 50 foot curb return with 10 foot
sidewalk on the southeast corner of Maywood and Exchange
Avenues;
2. The removal of steps encroached in Maywood Avenue
public right-of-way;
3. Recess docks facing Exchange Avenue or limit trucks
using these docks to 64 feet in length;
4. The facility be operated in accordance with the
appropriate codes, rules, regulations and permit fees as
adopted by the City of Vernon;
5. Any hazardous substances used or handled are required
to have prior approval from the Vernon Fire and Health
Departments;
6. The number of employee parking spaces required per
Vernon City Code must be provided and maintained;
7. The truck and trailer storage and parking plan shall
be approved by the Director of Community Services and the
Fire Chief prior to occupancy. All parking and loading
facilities shall be paved with a hard, durable surface
material and shall be adequately drained, and kept free
of dust, mud, trash or weeds;
8. Where parking areas adjoin a public street or streets,
a masonry wall not less than 30 inches in height or land-
scaped area a minimum of 4 feet in width, measured from
the property line, shall be established along such full
frontage, except at driveways, walkways or where other
openings are necessary;
9. Construct frontage improvements along Maywood Avenue
including but not limited to a sidewalk, curb, gutter and
driveway per the City of Vernon Master Plan of Streets as
directed by the Director of Community Services.
The Mayor asked if there was anyone in the audience who wished the
to comment on the application for a conditional use permit by
American Way Transport.
Sandra Southworth representing Parker & Sons came forward to address
this matter and asked the following questions:
SOUTHWORTH: Is the engineer report available for review?
VAITS: Yes it is.
SOUTHWORTH: With regard to the conditions set upon the conditional
use permit I have the following questions
of this?
On #1 condition why is this needed and what is the purpose
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June 7, 1988
VAITS: for proper curb return for street intersection and truck
movement
SOUTHWORTH: #2 - encroached steps - what does that mean?
VAITS: the steps are now located on public property and should be
removed.
SOUTHWORTH: #3 - recess docks, what exactly do you mean by this?
VAITS: Code requires 65 feet; docks should either be recessed or
trucks are to be shorter.
SOUTHWORTH: #6 - what city code are you talking about
VAITS: The one that includes the amended interim zoning ordinance.
This is the same as before there was no change
SOUTHWORTH: #7 - what parking plan are you referring to?
VAITS: that is the plan to be provided by the company which we will
review and consider at that time.
SOUTHWORTH: #9 - frontage improvements. What type of sidewalk are
you talking of
VAITS: per the Master Plan it is 10 ft.
SOUTHWORTH: Who is responsible for the payment of this?
VAITS: This would be handled by them and that is one of the con-
ditions.
BILL DAVIS: Victor, isn't or hasn't this company filed in Chapter 11.
VAITS: I don't know, there is nothing that I am aware of.
L. ADAMS: I'm not sure either, but we could look into it tomorrow.
SOUTHWORTH: I don't feel that the financial condition of the firm
is a matter of the conditional use permit at this time
MR. MALBURG: City Attorney what do you think?
D. BREARLEY: We should research this matter and find out if in fact
it is true.
At this time, 5:25 p.m. it was moved by McCormick, seconded
by Davis, that this matter be continued to June 21, 1988 at 5:00
p.m. or as closely thereto as possible. Motion carried.
It was moved by Gonzales, seconded by Ybarra, to open the
public Hearing to consider a variance for P.S.B. Trucking to utilize
a non-conforming truck dock at 4770 50th Street, the time being
5:26 p.m.. Motion carried.
Victor Vaits briefly summarized the request and need
for the variance from the Amended Interim Zoning Ordinance,
Section 4.2: Off Street Parking & Loading.
Mr. Malburg asked if anyone wished to address this matter.
Sandra Southworth came forward and inquired as to how many
employees will be at this address
Mr. Vaits advised that this is unknown at this time.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 1, 1988 was presented advising that P.S.B. Trucking has
requested a variance from the Amended Interim Zoning Ordinance,
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June 7, 1988
Section 4.2: Offstreet Parking and Loading Facilities for the
building at 4770 50th Street. The building has an existing 80 foot
wide dock, 33 feet deep, however P.S.B. will only use smaller trucks
at this particular dock. Longer trucks will use another dock location.
This request has been reviewed by the Director of Community
Services, and it is hereby recommended that the variance be granted
contingent upon the following conditions:
1. All Vehicles using this dock be limited to 33 feet
in length;
2. All required frontage improvements be constructed
per City of Vernon Master Plan of Streets as directed
by the Director of Community Services, including curb,
gutter and sidewalk, and a 50 foot curb return at the
southwest corner of 50th Street and Gifford Avenue; and
an easement or deed be granted to the City for property
in the corner area;
3. Construct a minimum 30 inch high barrier wall or 4
foot landscaped area where parking area is adjacent to
public streets, except at driveways, walkways or other
necessary openings.
At this time, 5:30 p.m. it was moved by Davis, seconded by
Ybarra, to close the Public Hearing. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the com-
munication of the City Clerk submitted during the above public
hearing for a variance be received and filed. Motion carried.
It was moved by Gonzales, seconded by McCormick, that the
variance be granted contingent upon the aforementioned conditions.
Motion carried.
It was moved by by Ybarra, seconded by Davis, to open the
public hearing on an application from Vernon Industrial Park for a
variance to utilize a non-conforming truck dock at 3109 Bandini
Blvd., the time being 5:31. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 1, 1988, was presented, advising that Vernon Industrial Park
has requested a variance from the Amended Interim Zoning Ordinance,
Section 4.2: Offstreet Parking and Loading Facilities, for the
building at 3109 Bandini Boulevard. The building has two recessed
docks, and an adjacent dock which is 51 feet deep which the owner
intends to use for smaller trucks. This request has been reviewed
by the Director of Community Services, and it is hereby recommended
that the variance be granted contingent upon the following condi-
tions:
1. All vehicles using this dock be limited to 51 feet
in length.
Victor Vaits briefly summarized this matter for the Coun-
cil.
It was moved by McCormick, seconded by Gonzales, to close
the public hearing, the time being 5:35 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the com-
munication submitted by the City Clerk during the above public
hearing be received and filed. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the
variance from Amended Interim Zoning Ordinance, Section 4.2, be
granted to Vernon Industrial Park contingent upon the above
condition. Motion carried.
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June 7, 1988
The City Clerk advised that there were firefighters present
in the audience who had recently completed their training with the
Vernon Fire Department as of June 6, and were to receive cap pieces
and badges.
The Mayor presented the following firefighters their badges
and cap pieces
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David Lazar
Steven Ruffoni
David Moore
5:40 p.m.
At this time the Mayor declared a recess, the time being
The Council reconvened in regular session all members pre-
sent before the recess again being present, the time being 6:15 p.m.
Consideration of an Agreement between the Southern
California Edison Company and the City of Vernon (deferred from the
April 26, 1988 City Council Meeting) for the integration and inter-
ruptible transmission of non-firm energy from the Mead Substation
in Nevada from the Western Area Power Administration (WAPA) and
various other utilities. It is anticipated that the staff will
recommend the approval of said Agreement and request the adoption of
the following resolution: (Deferred from May 3. 1988 City Council
Meeting.)
RESOLUTION NO. 5510 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Contract Between Southern California Edison Company and the
City of Vernon for the Integration and Interruptible Transmission
of Non-Firm Energy Purchased by Vernon at the Mead Substation in
Nevada From the Western Area Power Administration and Other
Utilities. (Deferred from May 3, 1988 City Council Meeting.)
The City Attorney recommended to the Council that at this
time the consideration of an agreement between Southern California
Edison Company and the City, and Resolution No. 5510 both be removed
from the agenda with no further action needed at this time.
It was moved by MCCormick, seconded by Ybarra, that both
the aforementioned matters be removed from the agenda. Motion
carried.
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Communication from Bruce V. Malkenhors~, Director of Per-
sonnel, dated June 2, 1988 transmitting the agenda for the Person-
nel Committee Meeting to be held June 6, 1988, and recommending
approval of recommendations contained thereon, was presented.
It was moved by Gonzales, seconded by Davis, that the
actions listed on the Personnel Committee Agenda held June 6, 1988
be approved as indicated. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated June 2, 1988, transmitting the Minutes of the
Finance Committee Meetings held May 24, 26, and 31, 1988 for
approval of recommendations contained therein, was presented.
It was moved by McCormick, seconded by Davis, that the
minutes of the Finance Committee Meetings held May 24, 26, and 31,
1988 be approved as written and adopted. Motion carried.
Communication from Gloria J. Orosco, Secretary to the
Board of Library Trustees, was presented, advising that the terms of
Library Trustees Leonis C. Malburg and Thomas A. Ybarra will expire
June 30, 1988, and requesting that the City Council re-appoint
Leonis C. Malburg and Thomas A. Ybarra as Library Trustees for a
new full three year term to be effective July I, 1988.
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June 7, 1988
It was moved by Davis, seconded by Gonzales, that the com-
munication from Gloria Orosco be received and filed and that Leonis
C. Malburg and Thomas A. Ybarra be reappointed as Library Trustees.
Motion carried.
RESOLUTION NO. 5522 - A Resolution of the City Council of
the City of Vernon Reappointing Leonis C. Malburg and Thomas A.
Ybarra to Serve as Trustees on the Board of Library Trustees, was
presented.
It was moved by McCormick, seconded by Davis, that Resolu-
tion No. 5522 be approved and adopted. Motion carried.
Communication from Chief of Police, L.A. Espinoza, dated
May 13, 1988, was presented, requesting authority and funds for
Captain L. S. Rosenkrantz to attend the California Association of
Polygraph Examiners Training Seminar in Newport Beach June 24 - 26,
1988, with an expense allowance of $424.25.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to L. S. Rosenkrantz in the amount of
$424.25 for his attendance to the California Association of Poly-
graph Examiners Training Seminar in Newport Beach June 24 to 26.
Motion carried.
Consideration of Claim of Mr. Martin Alvarado.
It was moved by McCormick, seconded by Gonzales, that this
matter be deferred to Closed Session later this date, pursuant to
Government Code Section 54956.9(b)(1). Motion carried.
Communication from Lewis Adams, Director of Water & Power,
dated June I, 1988, was presented, requesting authority and funds
for himself to attend the California Municipal Utilities Association
Board of Governors Meeting in Oakland June 16, 1988 with an expense
allowance of $222.00
It was moved by Davis, seconded by Ybarra, that authority
be granted to issue warrant to Lewis Adams, in the amount of $222
for his attendance to the California Municipal Utilities Association
Board of Governors Meeting in Oakland on June 16. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 1, 1988, was presented, advising that recorded copies of the
City of Vernon Charter have been returned from both the Los Angeles
County Recorders Office and the Secretary of State of the State of
California, recorded on May 2, 1988 and May 5, 1988 respectively.
The Secretary of State's office has assigned Charter Chapter Number
6 to said charter for publication in the California Statutes of
1988. It is hereby recommended that these documents now be received
and filed.
It was moved by McCormick, seconded by Gonzales, that these
documents be accepted and that said communication be received and
filed. Motion carried.
Communication from Lewis R. Adams, Director of Water &
Power, dated May 24, 1988, was presented, advising that Contract No.
491, 12" Water Main in Bandini Blvd. has been completed with a total
contract amount of $63,525.00. A partial payment of $54,172.50 has
already been paid, and a partial payment of $3,000 is now due & pay-
able, with $6,352.50 (which is the remaining 10%) payable thirty-
five days after acceptance. It is the recommendation of the Direc-
tor of Water & Power that the work be accepted and authority be
granted to pay the contractor, Simich Construction Company, Inc.,
324 Carbonia Avenue, Walnut, California, 91789 .
It was moved by Ybarra, seconded by Davis, that the above
communication from Lewis Adams be received and filed and that said
work be accepted and paid in accordance with said contract.
Motion carried.
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June 7, 1988
RESOLUTION NO. 5520 - A
the City of Vernon Accepting the
Inc. in Accordance with Contract
presented.
Resolution of the City Council of
Work of Simich Construction Co.,
No. 491 of the City of Vernon, was
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5520 be approved and adopted. Motion carried.
Warrant Register No. 742 covering claims and demands
presented during the period of May 16 thru 31, 1988, which includes
demand Nos. 17609 thru 17808 (inclusive) excluding Void Demand Nos.
as listed below, excluding Light & Power Demands drawn on the First
Interstate Bank totaling $169,733.19 (Accounting Period June 1988),
was examined and audited.
17611
17621
17647
17653
17654
17655
17656
17657
17658
17659
17660
17661
17761
17773
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 742 be approved and payment authorized for Demand Nos.
17609 thru 17808 (inclusive) totaling $169,733.19, excluding Void
Demand Nos. as listed above, and Light & Power Demands. Motion
carried.
Warrant Register No. 742 covering claims and demands pre-
sented during the period of May 16 thru 31, 1988, which includes
Light & Power Demand Nos. as listed below, drawn on the First
Interstate Bank totaling $1,064,213.19 (Accounting Period June,
1988), was examined and audited.
17609 17636 17650 17699 17731 17747 17782
17610 17637 17663 17705 17733 17748 17791
17612 17638 17666 17706 17736 17752 17793
17613 17639 17672 17707 17739 17767 17803
17615 17641 17676 17711 17740 17774
17631 17644 17694 17721 17742 17777
17632 17648 17697 17722 17745 17781
It was moved by Gonzales, seconded by McCormick, that
Warrant Register No. 742 be approved and payment authorized for
Light & Power Demand Nos. listed above totaling $1,064,213.19.
Motion carried. Councilman Davis abstained from voting and
disqualified himself because it is reasonably foreseeable that
the decision will have a material financial effect on his
source of income. during the period
Payroll Warrant Register No. 380 covering claims and
demands presented during the period of April 10, 1988 thru May 7,
1988, which includes Demand Nos. 5052 thru 5075 (both inclusive)
drawn on the First Interstate Bank totaling $875,484.86 (Accounting
Period May, 1988).
It was moved by Ybarra, seconded by McCormick, that Payroll
Warrant Register No. 380 be approved and payment authorized totaling
$875,484.66 for Demand Nos. 5052 thru 5075 (inclusive). Motion
carried.
The City Clerk read the results of the bids opened earlier
this date at 2 p.m. in accordance with Contract No. 492, Drilling of
Wells 19 and 20:
Beylick Drilling, Inc.
(including 10% Bid Bond)
$564,400.00
It was moved by Ybarra, seconded by Davis, that the bid
received for Contract No. 492 be referred to the Water Department
for review. Motion carried.
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June 7, 1988
RESOLUTION NO. 5523 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Order Agreement by and between the City of Vernon and Cognos
Corporation Providing for the Purchase of a Computer Software
Program, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 5523 be approved and adopted. Motion carried.
RESOLUTION NO. 5524 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of A
Software License Agreement by and between the City of Vernon and
David J. Roupe Providing for the Purchase of Computer Software
Programs, was presented.
It was moved by Davis, seconded by McCormick, that Resolu-
tion No. 5524 be approved and adopted. Motion carried.
Consideration of Chern Clear (located at 3165 Slauson
Avenue), Conditional Use Permit and a Negative Declaration.
It was moved by McCormick, seconded by Davis, that the
aforementioned item on Chern Clear be removed from the agenda and no
further action taken. Motion carried.
RESOLUTION NO. 5519 - A ~esolution of the City Council of
the City of Vernon Giving Notice of Appeal to the Planning Advisory
and Assistance Council, was presented.
It was moved by Ybarra, seconded by Gonzales, that Resolu-
tion No. 5519, be approved and adopted. Motion carried.
RESOLUTION NO. 5525 - A Resolution of the City Council of
the City of Vernon Establishing a Loss Control Program, was
presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 5525 be approved and adopted. Motion carried.
Communication from Richard Swift, President of Foster
Wheeler Power Systems, Inc., dated May 12, 1988, submitting a draft
copy of a Memorandum of Understanding which delineates the basis by
which the City of Vernon and Foster Wheeler shall proceed to develop
a resource recovery project in Vernon, was presented. (The aforemen-
tioned document was received by the City Clerk's office at 9:00 a.m.
on May 17, 1988).
It was moved by McCormick, seconded by Ybarra, that the
communication from Foster & Wheeler Power Systems, Inc., be received
and filed and no further action taken at this time. Motion carried.
Communication from Kenneth C. Keck, Executive Vice Presi-
dent of Applied Cogeneration, dated May 13, 1988, transmitting for
the Vernon Resource Recovery Project Development Plan a project
development plan which details the structure of the proposed pro-
ject, was presented. (The aforementioned document was received by
the City Clerk's office at 11:30 a.m. on May 16, 1988).
It was moved by Gonzales, seconded by Davis, that the
aforementioned communication from Applied Cogeneration be received
and filed. Motion carried.
Communication from David Brearley, City Attorney, dated
June 2, 1988, was presented, regarding California Thermal Treatment
Services (CTTS) and the possibility of the Department of Health
Services requiring CTTS to have an environmental impact report
(EIR) for the proposed hazardous waste incinerator to be
located in the City of Vernon.
Mr. Brearley briefly summarized his communication to
the City Council.
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June 7, 1988
It was moved by McCormick, seconded by Gonzales, that Mr.
Brearley's communication be received and filed and that the Mayor be
authorized to sign a letter directed to the Department of Health
Services with regard to the CTTS project. Motion carried.
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At this time the City Clerk advised the Council that there
was a computer "bug" in the City Clerk/City Administrator's office
last week and a recommendation to hire and approve a police employee
agreement was erased from the computer and therefore was not placed
on the agenda. He further explained that this was a matter that
came to his attention after the posting of the agenda. The City
Clerk asked the Council for approval to place this on the agenda as
an emergency item as it is necessary for the City to take action
because all of the paperwork has been processed and the employee is
now on duty. The City Attorney advised that the need to take action
arose after the Agenda was posted in accordance with Government
Code Section 54954.2(b)(1) and (2) and further advised of the
necessity of the City Council approving by a two-thirds majority the
addition of this item to the Agenda.
It was moved by McCormick, seconded by Ybarra, that the
matter of hiring and approving a employee agreement for the police
department is placed on the agenda for action. Motion carried by
five votes. Motion carried.
The City Administrator recommended that the City Council
approve the hiring of Alfred A. Jaime for the position of Police
Officer Step 5 with a monthly salary of $2,338 and that the 18 month
employment agreement for the position of Police Officer in the
Vernon Police Department by and between the City of Vernon and
Alfred A. Jaime be accepted and ratified as of May 31, 1988.
It was moved by Gonzales, seconded by McCormick, that
Alfred A. Jaime be hired for the position of Police Officer Step 5,
with a monthly salary of $2338 and that the 18 month employment
agreement for the position of Police Officer be accepted and rati-
fied, both effective May 31, 1988. Motion carried.
At this time, 7:10 p.m., it was moved by McCormick,
seconded by Ybarra, that the Council recess to Closed Session to
meet with its attorney regarding pending litigation, pursuant to
Government Code Section 54956.9(a) and 54956.9(b)(1). Motion
carried.
All persons with the exception of the City Clerk and the
City Attorney were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential. Motion carried.
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Councilman Davis was excused from Closed Session, the time
being 7:40 p.m.
Councilman Davis resumed his seat on the Council the time
being 8:16 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 8:20 p.m. Motion carried.
It was moved by Davis, seconded by Ybarra, that the claim
of Fred J. Fleming, Attorney at Law, on behalf of Martin Alvarado
for general damages in the amount of $1,000,000.00 be denied.
Motion carried.
There being no further business to come before the Council
it was moved by Ybarra, seconded by McCormick, that the meeting
adjourn. Motion carried.
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June 7, 1988
~,
ayor
ATTEST:
Bruce V. Malkenhorst
City Clerk
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