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19880823 Regular City Council Meeting - Minutes MINUTES OF AN ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AUGUST 23, 1988 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, DAVIS, MCCORMICK, GONZALES MEMBERS ABSENT: NONE The meeting was called to order by Mayor Malburg. I It was moved by Ybarra, seconded by Gonzales, that the minutes of the Adjourned Regular City Council meeting held August 9, 1988, be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period August 1 thru 15, 1988, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log be received and filed. Motion carried. Fire Department Activity Report for the period August 1 thru 15, 1988, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity ~eport be received and filed. Motion carried. Health Department Report for the month of July 1988, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report 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 tfuan Public Hearings. There was no reswonse from anyone in the audience at this time. It was moved by rbarra, seconded by Gonzales, to open the Public Hearing to con~ider the vacation of a portion of 44th Street and 45th Stre~t in the City of Vernon and the realign- ment and widening of Pack~rs Avenue. (deferred from August 9, 1988, City Council Meeting), the time being 5:05 p.m. There was a court reporter present during the public hearing to record the proceedings of said hearing. I The Director of Oommunity Services briefly reported on the vacation of section of 44th and 45th Streets. Communication from Bruce V. Malkenhorst, City Clerk, dated August 18, 1988, was presented, advising that the Director of Com- munity Se~vices has submitted an Engineer's Report dated August 18, 1988, for the abandonment of 44th & 45th Streets. Communication from Victor Vaits, Director of Community Services, was presented, apvising that Resolution No. 5472 declaring the City's intention to vacate 44th Street and a por- tion of 45th Street did not include an easement for utility lines and fire access to be retalned by the City. The necessity of the easement has been discussed with Kal Kan and they are in agree- ment; therefore, it is recommended that Resolution No. 5511 be approved. The Mayor asked if anyone wished to address the Council on this matter. 1749 City Council Minutes page 2 August 23, 1988 The following persons came before the Council to address the matter to the consiQeration of vacating 44th & 45th Streets; Lawrence Greenberg of Greenberg & Hickman Esther Monteilh representing GiGi Liquor Mike Gordon representing Kitty Queen and Chucks Fleet Service At this time it was moved by Ybarra, seconded by Davis, to close the public hearing the time being 5:30 p.m. Motion carried. I It was moved by McCormick, seconded by Gonzales, that the communications submitted during the public hearing be received and filed. Motion carried. RESOLUTION NO. 5511 - A Resolution of the City Council of the City of Vernon Vacating Forty-Fourth Street and a Portion of Forty-Fifth Street, Each Between Downey Road and Alcoa Avenue, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5511 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by McCormick to open the public hearing to co~sider a request for an extension of the deadline for the adoption of the revised General Plan for the City of Vernon, the time beint 5:31 p.m. Motion carried. There was a court reporter present during the public hearing to record the pr~ceedings of said hearing. Communication from Victor Vaits, Director of Community Services, was presented, transmitting an Engineer's Report and pro- posed Resolution No. 5544 requesting further extension of time to update the City of Vernon General Plan, and recommending the Engineer's Report be accepted and Resolution No. 5544 be adopted. Victor Vaits briefly summarized the engineer's report and his recommendation to Council. The Mayor asked if anyone in the audience wished to address the council on on this matter. There was no one in the audience who wished to address this matter. I It was moved by Gonzales, seconded by Ybarra, to close the Public Hearing on the request for an additional extension to update the General Plan, the time being 5:37. Motion carried. It was moved by McCormick, seconded by Davis, that the com- munications presented during the public hearing be received and filed and that the Engineer's Report dated August 18, 1988 be accepted. Motion carried. RESOLUTION NO. 5544 - A Resolution of the City Council of the City of Vernon Requesting a Further Extension of Time to Update the City of Vernon General Plan, was presented. It was moved by Ybarra, seconded by McCormick, that Resolu- tion No. 5544 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the Public Hearing to consider the Regional Housing Needs Assessment for Southern California Association of Governments (SCAG) as it applies to the City of Vernon. Motion carried. There was a court reporter present during the public hearing to record the proceedings. 1750 City Council Minutes page 3 August 23, 1988 Victor Vaits submitted an Engineer's Report dated August 18, 1988 and briefly summarized same for the Council. Communication frpm Victor Vaits, Director of Community Services, dated August 18, 1988, advising that Southern California Association of Government (SCAG)f has published Regional Housing Needs Assessment for Southern California which indicated Vernon's needs for the years 1989 thru 1994. Mr. Vaits advises that the numbers used are in error and is hereby recommending authority be granted to file an appeal with (SCAG) to correct the apparent error, was presented. I Mr. Norm Michiel$, Director of Environmental Health briefly summarized his report on the critical environmental concerns in the City of Vernon which plaY$ an important role on the decision of additional housing in the City of Vernon. Mr. Vaits also sUbmitted the following communications from various businesses in Verhon which, briefly, state their concerns on the Regional Housing Needs Assessment as it applies to Vernon. George Plant on behalf of Kal Kan Davis L. Hirsch on behalf of NI Industries, Inc. Bernard Clougherty on behalf of Farmer John Meats Julius Zelman on behalf of Julius Zelman Company Albert Sandberg on behalf of Sandberg Furniture Ben Dow on behalf of California Rendering Company Seymour Owens on behalf of Vernon Development, Inc. The following pe~sons came before the Council and commented with regard to the Region~l Housing Needs Assessment for the City of Vernon: William Ross representing Central City South Assoc. Sandra Southworth Jeffrey Nickell on behalf of Trammell Crow At this time it was moved by Ybarra, seconded by Davis, that the public hearing to consider the Regional Housing Needs Assessment for Southern California be closed to further oral comments, and that the hearing be continued to September 6, in order to receive written comments. Motion carried. I Communication from Bruce V. Malkenhorst, City Clerk, dated July 19, 1988, was presented, advising that Packaging Corporation of America has requested permission to utilize the four (4) existing underground tanks in Downey Road on which monitoring devices have now been installed. The size of the tanks are: 5000 gallons, 2300 gallons, 5000 gallons, and 5000 gallons; and are located from approxmately 114' to 129' south of centerline of Packers Avenue and from approximately 47' to: 61' west of the centerline of Downey Road. An Encroachment License Agreement executed by Packaging Corporation of America has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that said agree- ment be approved and the Mayor and City Clerk be authorized to execute same. (Deferred from August 9, 1988 City Council Meeting.) It was moved by ~barra, seconded by Davis, that the matter of the Encroachment License Agreement for Packaging Corporation of America be deferred to the next City Council Meeting. Motion carried. Communication from Victor Vaits, Director of Community Services, dated July 26, 1988, was presented, advising that Trammell Crow Company has submitted Tentative Parcel Map No. 19848 for inves- tigation and report in ac~ordance with the Subdivision Map Act, and submitting the below listed documents as evidence: (Deferred from August 9, 1988 City Council Meeting.) 1751 City Council Minutes page 4 August 23, 1988 1. Print of Tentative Parcel Map No. 19848; 2. Engineer's Report with Exhibits; 3. Notice of Intent to adopt a Negative Declaration and affidavit of posting; 4. Excerpts from the Subdivision Map Act; 5. Environmental Information Form; I 6. Notice of Completion; 7. Copy of Covenant and Agreement. Mr. Vaits advises that in his opinion the proposed parcel map 19848 will pose no adverse effects on the City of Vernon or any other surrounding area. The project is consistent with the General Plan as adopted by 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 City Council determine the following: 1. That the project is consistent with the General Plan as adopted by the City of Vernon 2. That the project will not have a significant effect on the environment, and adopt a Negative Declaration Mr. Vaits recommends that tentative Parcel Map No. 19848 be approved contingent upon the following conditions: 1. The developer shall construct or have constructed a roadway from the northeast corner to the southwest corner of the parcel. Design and alignment shall be approved by the Director of Community Service. 2. The developer shall reconstruct and update the traffic signals and its associated equipment including the railroad signals at the intersection of Slauson Avenue and Downey Road. The traffic signals, striping, and railroad signals shall be designed and constructed as approved by the Director of Community Services of the City of Vernon, and the City of Maywood. The railroad signals and construction shall also be approved by Union Pacific Railroad and the Public Utilities Commis- sion. I 3. The developer shall construct or have constructed a 12" water main, sewer, storm drain, power facilities, street lighting, roadway striping and signs, telephone facilities, and gas main or any other necessary utility facilities. All shall be designed and constructed as approved by the Director of Community Services or the Director of Water & Power. The Director of Community Services briefly summarized the proposed tentative parcel map and also submitted to the council a communication regarding the Negative Declaration for said tentative parcel map, advising that it had been properly circulated. It was moved by McCormick, seconded by Davis, that the aforementioned communications submitted by the Director of Community Services be received and filed. Motion carried. Based on the information provided by the Director of Community Services, it was moved by McCormick, seconded by Davis, that the project is consistent with the General Plan of the City of Vernon; and that said project will not have a significant effect on the environment and approving the adoption of a Negative Declaration. Motion carried. 1752 City Council Minutes page 5 August 23, 1988 It was moved by McCormick, seconded by Gonzales that tent- ative Parcel Map No. 19848 be approved contingent upon the following conditions; Motion carried. 1. The developer shall construct or have constructed a roadway from the northeast corner to the southwest corner of the parcel. Design and alignment shall be approved by the Director of Community Service. I 2. The developer shall reconstruct and update the traffic signals and its associated equipment including the railroad signals at the intersection of Slauson Avenue and Downey Road. The traffic signals, striping, and railroad signals shall be designed and constructed as approved by the Director of Community Services of the City of Vernon, and the City of Maywood. The railroad signals and construction shall also be approved by Union Pacific Railroad and the Public Utilities Commission. 3. The developer shall construct or have constructed a 12" water main, sewer, storm drain, power facilities, street lighting, roadway striping and signs, telephone facilities, and gas main or any other necessary utility facilities. All shall be designed and constructed as approved by the Director of Community Services or the Director of Water and Power. Communication from Victor Vaits, Director of Community Services, dated August 9, 1988, transmitting a fully executed Grant Deed from Jensen Industries for a strip of land 10 feet wide and approximately 396 feet long, on Alameda Street north of 48th Street and recommending that the Grant Deed be accepted, the Cer- tificate of Acceptance be approved, and the Mayor and City Clerk authorized to execute same, was presented. It was moved by Ybarra, seconded by Gonzales that the Grant Deed from Jensen Industries be accepted and the Certificate of Acceptance be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 9, 1988 requesting authority and funds for himself to attend the League of California Cities 90th Annual Conference in San Diego, California October 16 - 19, 1988, with an expense allowance of $425.00. I It was moved by Ybarra, seconded by Gonzales, that authority be granted for Bruce V. Malkenhorst to attend the League of California Cities 90th Annual Conference with an expense allowance of $425. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 3, 1988, was presented, requesting authority and funds for the below listed city officials to attend the League of California Cities 90th Annual Conference in San Diego, California October 16 - 19, 1988, with an expense allowance of $710.00 each: Leonis Malburg, Mayor Thomas Ybarra, Mayor Pro tern William Davis, Councilman Mike McCormick, Councilman Larry Gonzales, Councilman David Brearley, City Attorney Victor Vaits, Dir. of Comm. Svs. Lewis Adams, Dir. of Water & Power Larry Spadt, Fire Chief Luis Espinoza, Chief of Police It was moved by! McCormick, seconded by Davis, that authority be granted for the above referenced city officials to attend the 90th Annual League of California Cities Conference with an expense allowance of $710 each. Motion carried. 1753 City Council Minutes page 6 August 23, 1988 Communication from Bruce V. Malkenhorst, City Clerk, dated August 9, 1988, recommending that a hospitality suite be reserved during the League of California Cities 90th Annual Conference in San Diego from October 16 to 19, 1988, and that it also be used to accommodate Mr. Malkenhorst, City Administrator/City Clerk. It was moved by Gonzales, seconded by Davis, that authority be granted to reserve a hospitality suite for the League of California Cities Conference and that it also be used to accommodate the City Clerk. Motion carried. I Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 15, 1988, transmitting the agenda for the Personnel Committee Meeting to be held August 22, 1988, and recommending approval of recommendations contained thereon. It was moved by McCormick, seconded by Ybarra, that the recommendations listed on the August 22, 1988 personnel committee agenda be approved as indicated. Motion carried. RESOLUTION NO. 5546 - A Resolution of the City Council of the City of Vernon Amending Exhibit "A" Schedule II, Page 14 of Resolution No. 5531 Which Fixed the Compensation for Certain Employees of said City and Authorized Certain Expense Allowances, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5546 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of" Finance, dated August 15, 1988, transmitting the agenda for the Finance Committee Meeting to be held August 22, 1988, and recommending approval of recommendations contained thereon. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Finance Committee Agenda dated August 22, 1988 be approved as indicated, with the exception of the items that were deferred to either the next City Council meeting or the next Finance Committee meeting by members of the Finance Committee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 4, 1988, transmitting a proposed agreement with All City Management Company for School Crossing Guard Services. This agree- ment has been reviewed by the City Attorney, and it is hereby recom- mended that said agreement be approved and the Mayor and City Clerk authorized to execute same, was presented. I It was moved by Ybarra, seconded by Gonzales that the com- munication regarding the agreement for crossing guard services be received and filed, and that said agreement be approved. Motion carried. RESOLUTION NO. 5542 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement Between the City of Vernon and Curt Monson, DBA All City Management Co., for School Crossing Guard Services, was presented. It was moved by McCormick, seconded by Davis, that resolu- tion No. 5542 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 9, 1988, transmitting a copy of the 1988-89 In-Lieu Replen- ishment Agreement by and between Central and West Basin Water Re- plenishment District and the City of Vernon. Renewal of this agreement allows us to continue the Interruptible Water Program with Central and West Basin Municipal Water District. The agreement has been reviewed by the City Attorney and the Director of Water & Power and it is hereby recommended that said agreement be approved and the Mayor and City Clerk authorized to execute same, was presented. 1754 City Council Minutes page 7 August 23, 1988 It was moved by McCormick, seconded by Davis, that the communication regarding the 1988-89 In-Lieu Replenishment Agreement be received and filed, and said agreement be approved. Motion carried. RESOLUTION NO. 5543 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a 1988-1989 In-Lieu Replenishment Agreement By and Between the City of Vernon and Central and West Basin Water Replenishment District, was presented. I It was moved by Ybarra, seconded by Gonzales that Resolution No. 5543 be approved and adopted. Motion carried. Communication from Lewis Adams, Director of Water & Power, dated August 4, 1988, transmitting a fully executed Easement from Container Corporation of America for electrical utility equipment, fixtures, and appurtenances on the north side of 57th St. between Alameda and Santa Fe Avenue, and recommending that the property be be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same, was presented. It was moved by Gonzales, seconded by Ybarra, that the above communication be received and filed and the property be accepted , the certificate of acceptance approved and the Mayor and City Clerk authorized to execute same. Motion carried. Communication from Lewis Adams, Director of Water & Power, dated August 4, 1988, transmitting a fully executed Easement from Sunlaw Cogeneration Partners I for electrical utility equipment, fixtures, and appurtenances on the west side of Alcoa Avenue be- ween Vernon Avenue and 44th Street, and recommending that the pro- perty be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk authorized to execute same, was presented. It was moved by Ybarra, seconded by McCormick, that the above communication be received and filed and the property be accepted and the Certificate of Acceptance be approved, and the Mayor and City Clerk authorized to execute same. Motion carried. Communication from Victor Vaits, Director of Community Services, dated August 18, 1988 transmitting a fully executed Easement Deed from the Department of Water and Power of the City of Los Angeles for a strip of land 54 feet wide and approximately 102 feet long, located on Malburg Way at the L.A.D.W.P. right-of-way, and recommending that the property be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk authorized to execute same, was presented. I Mr. Vaits advised the Council that this is for street pur- poses only and another easement will be submitted for the utilities. It was moved by Ybarra, seconded by Davis, that the above communication from Victor Vaits be received and filed and that the property be accepted and the Certificate of Acceptance be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. Warrant Register No. 747 covering claims and demands pre- sented during the period of August 1 thru 15, 1988, which includes Demand Nos. 18612 thru 18841 (inclusive) excluding Void Demand Nos. 18644 thru 18649, & 18777, and also excluding Light & Power Demands drawn on the First Interstate Bank totaling $376,096.26 (Accounting Period August, 1988), was examined and audited. It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 747 be approved and payment authorized for Demand Nos. 18612 thru 18841, excluding Light & Power Demands and Demand Nos. 18644 thru 18649 & 18777 in the amount of $376,096.26. Motion carried. 11US City Council Minutes page 8 August 23, 1988 Warrant Register No. 747 covering claims and demands pre- sented during the period of August 1 thru 15, 1988, which includes Light & Power Demand Nos. as listed below, drawn on the First Inter- state Bank totaling $6,249,654.29 (Accounting Period August, 1988). I 18613 18641 18691 18707 18728 18768 18801 18814 18614 18643 18695 18713 18729 18772 18802 18822 18617 18660 18696 18714 18740 18773 18807 18823 18619 18661 18697 18718 18742 18774 18809 18827 18625 18662 18698 18719 18745 18778 18810 18836 18627 18671 18705 18722 18751 18784 18811 18839 18637 18681 18706 18723 18755 18785 18813 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 747 be approved and payment authorized for Light & Power Demand Nos. as listed above totaling $6,249,654.29. 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. Consideration of a final rating for former Acting Fire Chief, Frank Claunch. (Deferred from August 9, 1988 City Council Meeting. ) It was moved by Ybarra, seconded by Davis, that the matter of a final rating for former Acting Fire Chief Frank Claunch be deferred to Closed Session later this date. Motion carried. Communication from Bruce V. Malkenhorst, dated August 18, 1988, regarding the SCAQMD notices of violation dated September 3, and 4, 1987. It was moved by Davis, seconded by Gonzales, that the matter of the SCAQMD notices be deferred to Closed Session later this date. Motion carried. Consideration of claim of Daniel Romero. It was moved by Ybarra, seconded by McCormick, that consideration of the claim of Daniel Romero be deferred to closed session later this date. Motion carried. Consideration of an application by Cassidy, Warner, Brown, Combs & Thurber to file a late claim on behalf of Rory Electric. It was moved by McCormick, seconded by Davis, that the above matter on Rory Electric be deferred to Closed Session. Motion carried. I At this time it was moved by McCormick, seconded by Davis, that the Council recess to Closed Session pursuant to Government Code Section(s) 54956.9(a), (b)(l), (c), to meet with its Attorney regarding matter of pending litigation, the time being 7:05 p.m. Motion carried. All persons with the exception of the City Attorney, the City Clerk, the Director of Community Services and the Director of Water & Power were excused from closed session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Victor Vaits was excused from Closed Session, the time being 7:20 p.m. Lewis Adams was excused from Closed Session, the time being 7:50 p.m. , Councilman Davis was excused from Closed Session, the time being 8:20 p.m. 1156 City Council Minutes page 9 August 23, 1988 Councilman Davis resumed his seat on the Council the time being 8:30 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 8:33 p.m. I It was moved by Ybarra, seconded by Davis, that the City Administrator be authorized to execute a Stipulation With Request for Award and Award with a permanent disability rating of 60% in the case of Frank Claunch vs. City of Vernon, WCAB Case No. 88 ANA 136 824. Motion carried. It was moved by McCormick, seconded by Gonzales that the City Attorney be authorized to execute the terms of a proposed settlement expressed in a letter dated August 4, 1988 from Peter M. Greenwald, Senior Deputy District Counsel representing the South Coast Air Quality Management District in respect to Notices of Violation Z-32406 dated 9-3-87 and Z-32407 dated 9-4-87 [Violations of District Rule 404(a)] which will require payment of $1,500.00 to the District. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Application for Leave to Present a Late Claim presented by Rory Electric, Inc., be denied. Motion carried. It was moved by Ybarra, seconded by Gonzales, that consideration of the Claim of Daniel Romero be continued to Closed Session at the next City Council meeting. There being no further business to come before the Council it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ATTEST: ~) ,// ' 4-/' Bruce V. Malkenhorst City Clerk I 1757 I I NOTICE OF AN ADJOURNMENT OF THE CITY COUNCIL OF THE CITY OF VERNON I, HEREBY CERTIFY THAT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON, TO BE HELD AT 4:45 P.M. TUESDAY, AUGUST 16, 1988 IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY CLERK (QUORUM NOT PRESENT) UNTIL TUESDAY, AUGUST 23, 1988 AT 4:45 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL,IDCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 'P/LG"~/ ZJ, ;l7Jtzlb?'~~1-1r Bruce V. Malkenhorst City Clerk By~a&J /-9 (~v r!P Gloria J. Or~o Chief Deputy City Clerk