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19890207 Regular City Council Meeting - Minutes I r MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 7, 1989 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 Adjourned Regular City Council Meeting held January 24, 1989, be approved as submitted and adopted. Motion carried. At this time Captain Rosenkrantz introduced the most recently hired Police Officers to the City Council and administrative staff: David McCall and Penny Turner. At this time Mayor Malburg presented service pins to the following employees: Jack Looper, Community Services Department - 25 years Adrian Yasutake, Water & Power Department - 20 years Roy Ness, Water & Power Department - 5 years Mayor Malburg called a short recess, the time being 5:10 p.m. The Council reconvened in regular session, the time being 5:15 p.m., all members present before the recess again being present. RESOLUTION NO. 5596 - A Resolution of the City Council of the City of Vernon Commending Jerald S. Ness for his Many Years of Service to the City of Vernon, was presented, and read in its entirety by the City Clerk. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5596 be approved and adopted, Motion carried. At this time Mayor Malburg presented Resolution No. 5596 to Mr. Ness and called a short recess, the time being 5:20 p.m. The Council reconvened in regular session, the time being 5:22 p.m., all members present before the recess again being present. RESOLUTION NO. 5595 - A Resolution of the City Council of the City of Vernon Commending Ted D. Seager for His Many Years of Service to the City of Vernon, was presented It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5595 be approved and adopted. Motion carried. Fire Chief Larry Spadt accepted Resolution No. 5595 on behalf of Mr. Seager and relayed his gratitude to the City Council. RESOLUTION NO. 5597 - A Resolution of the City Council of the City of Vernon Expressing its Regret at the Untimely Passing of Vilma ~aits,Mother of Victor H. Vaits, the Director of Community Services of the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5597 be approved and adopted. Motion/carried. 1835 I I City Council Minutes page 2 February 7, 1989 Mr. Vaits thanked the City Council for their concern and condolences Police Department Activity Log for the period January 16 thru 31, 1989, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period January 16 thru 31, 1989, be received and filed. Motion carried. Fire Department Activity Report for the period January 16 thru 31, 1989, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period January 16 thru 31, 1989, be received and filed. Motion carried. At this time the Mayor asked if there was anyone in the audience who wished to address the City Council on any matters listed on the agenda with. the exception of Public Heal'ings. There was no one present in the audience who wished to address the Council on any matter listed on the agenda. It was moved by Ybarra, seconded by Davis, to open the public Hearing to consider application from Palm Properties/DBA as A-l Express Delivery Service for a conditional use permit to allow a truck facility at an exist'ing facility at 4520 Maywood Avenue, the time being 5'25 p.m. Motion carried. Victor Vaita, Director of Community Services, briefly addressed the City Council with regard to the aforementioned application for a Conditional Use Permit. The Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. Victor Giorgino, a real estate .agent representing A-l Express, addressed the City Council on this matter. Jack Kline, a realtor representing one of the property owners, Parker & Sons, briefly addressed the Council on this matter. David B. Brearley, City Attorney~ als~ addressed the City Council on this matter, and recommended that the Public Hearing be continued to the next City Council meeting in order to permit the owners of both involved properties to sign the application for the conditional use permit. Communication from Victor Vaits, Director of Community Services, dated February 1, 1989, was presented, advising that A-l Express Delivery Service has applied for a conditional use permit to operate a truck terminal on their proper.ty located at 4520 Maywood Avenue, and transmitting the following supporting documents was . presented: 1. Request for a Conditional Use Permit and information supporting the permit application; 2. Notice of a 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. 1836 ,~I .i '-.,::':-7;:. ;~I '~-t~ :" City Council Minutes Page 3 February 7, 1989 A-l Express Delivery Service, Inc., was found to be categorically exemptfrclil) the California Environmental Quality Act process, since they are using .::\n e:dstingtruck t.et-minal and the faci Ii t.y is not being substantially expandE~d. I t. is the opinion of the Director of Community Services t.hat the proposed operation will pose no adVerse effects to t.he City of Ver"non emd wi 11 not have a significant e!ffect on the l?nvit-onment, and no mitigating measures are required. The conditinns for the use permi t wi 11 depend em whether the applicant \OJill have access to Exchange Avenw:i!. Consequently, the conditions will be submitted at the Ci.ty Council Meet-ing, or- if necessary, the mattet- \'4111 be deferred until ,the following meeting. It I""as moved by Davis, secemded by Gonzal(-?s,that the Public Hearing in the matter' of the appl ication for' a Condi tional Use Permi t by A-.1 E:':press Deliver-y Service be continued to the ne>:t City" Council t'1eeting~, the time being 5: 39 p. m. i'-lotion cat-ried. I t was moved by Gonz.;,des, seccmded by Yban-a, to open the continued public Hearing from the previous City Council Meeting to ccmsidet-an appl ication for" a vari.;,mce from Del C. and Diane Mol inari fm-' property located at 2035 51~:;t Street, the time being 5: 40 p. m. MQtion c.;,~n-ied. (eQn tinued ft-Qm Ci ty CQunci I t1eeting held January 24, .1989.) Victot- Vaits briefly addressed the Council t'-egarding the a fen'-emen tiQned app I ic::.;"~ tion for" a variance. The Mayor asked i~ anyone in the audience wished to address the City Council on this matter. The following gentlemen addressed the Council on behalf of the property owners: Bruce Gillings, Architect De 1 t101 inari -. property owner Mike Bass -,. Constr'uction Superintendent Ron Ryan - Vice President Finance, Punch Press Communicat.ion fr'om Bt-uce V. Malkenhorst, City Clerk., dated January 5, 1989, w<~s presented, advising that Del C. and Diane Mcll,inar'i have n0ql,testeda variance fn:Jm the Amended Interim Cnmpr'ehensive Zoning Ordin<i\nce, as am~nded by Ordinance 979, S~ction 4.2.8, Development Standards.'~or .their proposed building located at 2035 51st Street. The lot. is !:;mal1 (appr"o:dmately 0.91 acres) and the .e:d.sting buildingwhich covers the .mtir'e lot has been condemned due tD earthquake damage. The proposed new building will also cover the E.>ntire sitE~, e:,:cE.'Pt. for' truck 10.:-:\ding and parking stalls. Automobile par"king w.ill be pr..ovided on the roof of tOhe new structL.lre. The t-equested varianc€'~wi 11 allow the bui lding to be constructed wi th truck maneuvering in the public right-of-way. Transmitted herewith is the following evidence: LApp 1 .i.ca'cion few vat- L:\nce; 2. Affidavit of posting and mailing; 3. Notice of F'Llbl icHear irlg; 4. Property c:)wners 1 ist stat.ement, pr'operty owners 11st and 300 foot radius map. It is t.he opinion of t.he Dit-.ector of Community Services that the proposed vari<",wce wi 11 pose no adverse effects to the Ci ty of Vernon or anyot.her surrounding ~rea. The variance is consistent with the GEm(eral Plan as adopted by the Ci ty o'f Vernon and wi 11 not have do significant effect on the environment, and no mitigating measures are n:.:!ql,ti r"ed . Due to th(;! unusually small size of the lot, it is hereby rec01llmended 181'1. I I City Council Minutes page 4 February 7, 1989 that the variance be granted contingent upon the following conditions: 1. The entire frontage be reconstructed which includes new sidewalk. curb. gutter and driveways; 2. That the building be constructed and operated in accordance with the appropriate codes. rules, regulations and permit fees as adopted by the City of Vernon; 3. The proposed building be constructed with proper vehicle site lines to the public right-of-way. It was moved by Gonzales, seconded by Davis, that the Public Hearing to consider an application for a variance from Del C. and Diane Molinari be continued to the next City Council Meeting, the time being 6:17 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 19, 1989, was 'presented, submitting two (2) copies of the ESI-VernonAgreement for Transition of Operations between the City of Vernon and Energy Services, Inc., (ESI), and recommending that said agreement be approved contingent upon the City Attorney"s approval. (Deferred from the City Council Meeting held January 24, 1989. ) Communication from David B. Brearley, City Attorney, dated February 2, 1989, was presented, regarding the ESI-Vernon Agreement for Transition of Operations and recommending that said agreement be approved and the Mayor and City Clerk authorized to execute same. It was moved by McCormick, seconded by Ybarra, that the communications from the City Clerk, dated January 19, 1989, and the City Attorney, dated February 2, 1989, be received and filed; and that the EST-Vernon Agreement for Transition of Operations be approved. 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. RESOLUTION NO. 5594 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an ESI- Vernon Agreement for Transition of Qperations Between the City of Vernon and Energy Services, Incorporated. was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5594 be approved and adopted. 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. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 2. 1989, was presented, transmitting the agenda for the Personnel Committee Meeting to be held February 6, 1989, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations listed on the agenda for the Personnel Committee Meeting held February 6, 1989 be approved with the exception of the matter concerning the "highest one year" option with PERS for Police . Management personnel which was deferred to the next Personnel Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 30, 1989, was presented, requesting authority and funds for Councilman William Davis to attend the ICA Annual Winter Seminar in Santa Barbara February 24-26, 1989, with an expense allowance of $750.00. 1838 City Council Minutes page 5 February 7, 1989 It was moved by Ybarra, seconded by McCormick, that authority be granted for Councilman William Davis to attend the ICA Annual Winter Seminar in Santa Barbara February 24-26, with an expense allowance of $750.00. Motion carried. Communication from Victor Vaits, Director of Community Services, dated January 11, 1989, was presented, requesting authority and funds to attend the California Building Officials 27th Annual Business Meeting in Costa Mesa March 1 thru 4, 1989, with an expense allowance of $618.00. I It was moved by Davis, seconded by Gonzales, that authority be granted to issue warrant to Victor Vaits in the amount of $618.00 for his attendance to the California Building Officials 27th Annual Business Meeting in Costa Mesa March 1 thru 4, 1989. Motion carried. Communication from Yictor Vaits, Director of Community Services, was presented, dated January 31, 1989, advising that Contract No. 490, Traffic Pavement Striping 1988, has been completed; the total contract amount of $23,323.94 has been paid; and recommending that the work be accepted. It was moved by Ybarra, seconded by Davis, that the communication from Victor Vaits be received and filed and that the work be accepted. Motion carried. RESOLUTION NO. 5590 - A Resolution of the City Council of the City of Vernon Accepting the Work of Safety Striping Service, Inc., in Accordance with Contract No. 490 of the City of Vernon, was presented. It was moved by Mccormick, seconded by Gonzales, that Resolution No. 5590 be approved and adopted. Motion carried. Communication from Victor Vaits, Director of Community Services, dated February 1, 1989, was presented, transmitting Contract No. 493, Traffic Pavement Striping 1989, and recommending that this contract be approved and authority be granted to advertise for bids. It was moved by Gonzales, seconded by Ybarra, that the communication from Victor Vaits be received and filed and authority be granted to advertise for bids for Contract No. 493, Traffic Pavement Striping 1989. Motion carried. I RESOLUTION NO. 5592 - A Resolution of the City Council of the City of Vernon Approving Contract No. 493 and Authorizing Notice Inviting Sealed Proposals for Traffic Pavement Striping 1989 in Accordance with Contract No. 493 of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5592 be approved and adopted. Motion carried. Communication from David B. Brearley, City Attorney, dated . February 2, 1989, was presented, submitting for consideration a draft from Southern California Edison Company of a correction letter on the Edison-Vernon CDWR Firm Transmission Service Agreement and recommend- ing that same be approved; the Mayor and City Clerk authorized to execute same and authorization granted to file said letter agreement with the FERC. matter. David Brearley briefly addressed the City Council on this It was moved by Gonzales, seconded by Ybarra, that the com- municationfrom the City Attorney be received and filed; thecorrec- tion letter on the Edison-Vernon CDWR Firm Transmission Service 1839 I I City Council Minutes page 6 February 7, 1989 Agreement be approved; the Mayor and City Clerk authorized to execiute same; and that said correction letter be filed with the FERC. 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. RESOLUTION NO. 5593 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Letter Agreement Correcting Section 6.5 of the Edison-Vernon CDWR Firm Transmission Service Agreement, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5593 be approved and adopted. 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. Communication from David B. Brearley, City Attorney, dated February 2, 1989, was presented, submitting for re-consideration the Operation and Maintenance Agreement Between the City of Vernon and RMI Utility Services, Inc;, and recommending the re-adoption of Reso- lution No. 5584; and ratify the approval and execution of said agreement. David Brearley briefly addressed the City Council on this matter, specifically with regard to the language in the insurance clause. It was moved by Ybarra~ seconded by Gonzales, that the communication from the City Attorney be received and filed and authority be granted to re-adopt Resolution No. 5584 and ratify the approval and execution of the Ope:ration and Maintenance Agreement Between the City of Vernon and RMI Utility Services, Inc., subject to any necessary change in the insurance clause. Motion carried. RESOLUTION NO. 5598 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 5584 and Approving and Authorizing the Execution of an Operation and Maintenance Agreement By and Between RMI Utility Services, Inc. and the City of Vern6n Providing for the Operation of Portions of the Vernon Electrical System, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5598 be approved and adopted. Motion carried. RESOLUTION NO. 5599 - A Resolution of the City Council of the City of Vernon Amending Exhibit "A", Schedule II, Pages 1 and 12 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 Davis, that Resolution No. 5599 be approved and adopted. Motion carried. WARRANT REGISTER NO. 758 covering claims and demands presented during the period of January 16 thru 31, 1989, which includes Demand Nos. 21043 thru 21234 (inclusive) excluding Void Demand Nos. as listed below, and excluding Light & Power Demands drawn on the First Interstate Bank totaling $270,206,84 Accounting Period February, 1989),w4s examined and audited: 21065, 21067, 21077 and 21082 thru 21105 (inclusive) It was moved by McCormick, seconded by Davis, that Warrant Register No. 758 be approved and payment authorized for claims and demands totaling $270,206.84 excluding Light & Power Demands. Motion carried. 1840 I I City Council Minutes page 7 February 7, 1989 WARRANT REGISTER NO. 758 covering claims and demands presented during the period of January 16 thru 31, 1989, which includef\ Light & Power Demand Nos. as follows, drawn on the First Interstate Bank totaling $588,809.24 (Accounting Period February, 1989), was examined and audited. 21043 ----- 21075 21118 21147 21181 21206 21223 21045 21055 21076 21119 21155 21185 21207 21225 21047 21056 21078 21122 21156 21192 21210 21234 21048 21069 21081 21130 21165 21195 21213 21049 21070 21106 21138 21167 21201 21218 21050 21071 21111 21144 21170 21202 21219 21051 21074 21114 21146 21174 21205 21221 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 758 be approved and payment authorized for claims and demands listed above totaling $588,809.24. 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. Communication from Bruce V. Malkenhorst, City Clerk, dated February 2, 1989, was presented, advising that the Director of Community Services has reviewed development and rendering plans for the construction of the third floor addition to City Hall. The following has been submitted for consideration: For architect"s services, Marion Varner shall receive a total fee computed at 9 % of the construction cost. The proposed method of payment would be as follows: Concept Design Phase 10% Schematic Design Phase 20% Design Development Phase 40% Construction Documents Phase 75% Bidding or Negotiation PhaBe 80% Construction Phase 100% matter. Victor Vaits briefly addressed the City Council on this David Brearley addressed the Council and recommended $1,000,000 liability insurance instead of $500,000. It was moved by Ybarra, seconded by McCormick, that approval be granted for an agreement for architectural services with a fee of 9% and have liability insurance with a limit of one million-dollars and payment schedule to be as listed below. Motion carried. Concept and Schematic Design Phase 10% Design Development Phase 30% Construction Documents Phase 65% Bidding or Negotiation Phase 70% Construction Phase 100% It was moved by Ybarra, seconded by McCormick, that the. Council recess to Closed Session pursuant to Government Code Section 54956.9(a), the time being 7:16 p.m. Motion carried. All persons with the exception of the City Clerk, City Attorney, and Director of Community Services were excluded from Closed Session. The Mayor ordered that all communications to and from Closed Session be deemed privileged and confidential. Victor Vaits was excused from Closed Session at 7:35 p.m. 1841 I I City Council Minutes page 8 February 7, 1989 Councilman Davis was excused from Closed Session at 7:45 p.m. Cou~cilman Davis resumed his seat on the Council (the time being 8:09 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 8:10 p.m. 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. ATTEST: ~.~ e,.e.. . . .. Leonk C. Malbug. < ... "4ayor ~ -0 Bruce V. Malkenhorst City Clerk 18t!