19890307 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD MARCH 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 Gonzales, seconded by Ybarra, that the
minutes of the Adjourned Regular City Council Meeting held February
28, 1989, be approved as submitted and adopted. Motion carried.
At this time, Captain Rosenkrantz introduced recently hired
Police Officers to the City Council and administrative staff: Dan
Vincent, Fred Jaime and Bill Cleary.
At this time Mayor Malburg presented service pins to the
following employees:
Councilman william McCormick - 15 years
Sgt. William Waxman, Police Department - 15 years
Sharon Duckworth, City Clerk's Office - 10 years
Mayor Malburg called a short recess, the time being 5:10 pm.
The Council reconvened in regular session, the time being
5:13 p.m., all members present before the recess again being present.
Police Department Activity Log for the period February 16
thru 28, 1989, was presented.
It was moved by Ybarra, seconded by Davis, that the Police
Department Activity Log for the period February 16 thru 28, 1989, be
received and filed. Motion carried.
Fire Department Activity Report for the period February 16
thru 28, 1989, was presented.
It was moved by Ybarra, seconded by Gonzales, that the Fire
Department Activity Log for the period February 16 thru 28, 1989, be
received and filed. Motion carried.
The Mayor asked if there was anyone in the audience who
wished to address the City Council on any matters listed on today's
agenda other than with regard to Public Hearings.
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 Gonzales, to open the
Public Hearing to consider an application from Con-Way Western
Express, Inc., for a conditional use permit to allow a truck terminal
at an existing facility at 2910 Ross Street, the time being 5:14 p.m.
Motion carried.
victor Vaits, Director of Community Services, addressed the
City Council on this matter and briefly summarized his communication
dated March 2, 1989.
Communication from victor Vaits, Director of Community
Services, dated March 2, 1989, was presented, advising that Con-Way
Western Express, Inc., has applied for a Conditional Use Permit to
operate a truck terminal at 2910 Ross Street, and transmitting the
following supporting documents:
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City Council Minutes
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March 7, 1989
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.
The application 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 opinion of the Director of Community Services 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 with the following conditions:
1. The facility be operated in accordance with the
appropriate codes, rules, regulations and permit fees as adopted by
the City of Vernon;
2. Any hazardous substances used or handled are required to
have prior approval from the Vernon Fire and Health Departments;
3. The number of employee parking spaces required per
Vernon City Codes must be provided and maintained;
4. 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;
5. Where parking areas adjoin a public street or streets a
masonry wall not less than 30 inches in height or landscaped 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;
6. Prohibit servicing of vehicles including washing, steam
cleaning and repairing until proper facilities are constructed for
such work;
7. All underground tanks shall be made to conform with all
present City Codes. Existing tank product piping shall be replaced
with double wall piping, monitoring system and tank testing shall be
certified and an impervious surface shall be constructed and
maintained over the tanks and around the fueling island. Plans and a
timetable for such work shall be submitted and approved by the
appropriate City Departments prior to occupancy;
8. Repair the fire hydrant on the east side of the
All fire hydrants shall be maintained and operable at all
property.
times;
9. Remove all contaminated soil from the site.
The Mayor asked if there was anyone in the audience who
wished to address the City Council on this matter.
Chris Ashworth, Attorney representing Conway Express, lessee
of the property, briefly addressed the City Council on this matter.
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March 7, 1989
Greg Warn, representing the lessor, Crescent Truck Lines,
addressed the City Council and inquired about Condition No. 4 and the
paving requirement.
Chuck Eggebraaten, also representing Con-way Express,
briefly addressed the City Council and asked for some consideration
regarding the restriction of Condition No.4.
Victor Vaits again addressed the City Council and advised
that since this is a change in occupancy we should adhere to the
requirements of the City Code; however, since the land in question is
presently unpaved and being treated for soil contamination there may
be another alternative at this time. One possibility would be to
isolate the area.
After further deliberation, it was moved by McCormick,
seconded by Davis, to close the Public Hearing concerning the
application for a Conditional Use Permit from Con-way Western
Express, the time being 5:40 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the Director of Community Services be received
and filed, and to approve the aforementioned Conditional Use Permit
for Con-way Western Express contingent upon the aforementioned
conditions with the exception of Condition No. 4 which will be set
as written below: Motion carried.
4. All unpaved areas where underground tanks or contam-
inated soil are being removed or stored must be iso-
lated from parking, loading or maneuvering areas as
approved by the Director of Community Services.
RESOLUTION NO. 5602 - A Resolution of the City Council of
the City of Vernon Granting a Conditional Use Permit to Con-Way
Express, Inc., for the operation of a truck terminal at 2910 Ross
Street, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 5602 be approved and adopted. Motion carried.
ORDINANCE NO. 981 - An Ordinance of the City Council of the
City of Vernon, Amending Vernon City Code Section 22.74 Pertaining to
Insurance Coverage for Encroachment Licenses, was read by Title for a
Second and Final Reading.
It was moved by Ybarra, seconded by Davis, that Ordinance
No. 981 be approved and adopted. Motion carried.
AYES:
NOES:
ABSENT:
Malburg, Ybarra, Gonzales, McCormick, Davis
None
None
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated March 2, 1989, was presented, transmitting the
agenda for the Personnel Committee Meeting to be held March 6, 1989,
for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Gonzales, that the
recommendations listed on the agenda for the Personnel Committee
Meeting held March 6, 1989, be approved. Motion carried.
Communication from Fire Chief Larry Spadt, dated February
23, 1989, was presented, requesting authority and funds for Battalion
Chiefs Richard Wiles and Lynn Telford to attend the California Fire
Chief's Association Northern-Southern Training Officers Workshop in
Fresno, April 3 thru 7, 1989 with an expense allowance of $325.00 and
$805.10 respectively.
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March 7, 1989
It was moved by Davis, seconded by Ybarra, that authority
be granted to issue warrants to Richard Wiles and Lynn Telford in the
amounts of $325.00 and $805.10 respectively for their attendance to
the California Fire Chief's Association Northern-Southern Training
Officers Workshop in Fresno, April 3 thru 7, 1989. Motion carried.
Communication from Police Captain Louis Rosenkrantz, dated
February 17, 1989, was presented, requesting authority and funds for
Elizabeth Sawickis, Records Manager, to attend the California Law
Enforcement Association of Records Supervisors Conference in Ontario,
May 15 to 19, 1989 with an expense allowance of $498.68.
It was moved by Gonzales, seconded by Davis, that authority
be granted to issue warrant to Elizabeth Sawickis in the amount of
$498.68 for her attendance to the California Law Enforcement Assoc-
iation of Records Supervisors Conference in Ontario, May 15 to 19,
1989. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
February 23, 1989, was presented, requesting authority and funds for
Gloria Orosco, Chief Deputy City Clerk, to attend the Introduction to
Personal Computers Workshop at Cal Poly Pomona, April 22, 1989 with
an expense allowance of $122.50.
It was moved by Ybarra, seconded by McCormick, that author-
ity be granted to issue warrant to Gloria Orosco in the amount of
$122.50 for her attendance to the Introduction to Personal Computers
Workshop at Cal pOly Pomona, April 22, 1989. Motion carried.
Communication from Norman Michiels, Director of Environmen-
tal Health, dated February 22, 1989, was presented, requesting
authority and funds for the below listed Health Department personnel
to attend the California Environmental Health Association Educational
Symposium at Costa Mesa, on dates shown and with expense allowances
as listed:
Lewis Pozzebon, April 12, 1989 - $84.00
Dan Downing, April 13, 1989 - $87.90
John Reid, April 13, 1989 - $83.40
It was moved by McCormick, seconded by Gonzales, that
authority be granted to issue warrants to the above listed employees
in the amounts listed for their attendance to the California
Environmental Health Association Educational Symposium at Costa Mesa
on the dates shown. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
March 2, 1989, was presented, advising that Fredericks's of Hollywood
has requested a variance from the 1985 Edition U.B.C., Section 2203:
Exterior Walls, Openings and Partitions, for the buildings on Lots 10
and 11 of Parcel Map No. 19848 on Malburg Way. The tenant is
proposing to cut two 12' x 12' openings in the concrete common
property line wall. Each building is approximately 50,000 square
feet in size. Their operation will occupy approximately 63,000
square feet and meets present zoning requirements. This request has
been reviewed by the Director of Community Services and it is his
opinion that if the variance is granted no additional hazards will be
introduced in the area. It is hereby recommended that the variance
be granted with the following conditions:
1. That both openings shall be protected by a fire assembly
having a three-hour fire protection rating;
2. Upon any change in occupancy, or change in the nature
of Frederick's of Hollywood's operation, both openings
shall be permanently sealed;
3. Proper permits shall be obtained from the City before
any improvements are constructed.
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March 7, 1989
VictorVaits, Director of Community Services, briefly
addressed the City Council on this matter, and advised the City
Council that he is making two additional conditions to this variance
which are listed below:
1. That a Conditional Use Permit, per Section 3.5.3-a of
the Amended Interim Comprehensive Zoning Ordinance
be secured by the applicant.
2. That the building permit for cutting the openings be
issued only after Council approval of the Conditional
Use Permit.
It was moved by McCormick, seconded by Ybarra, to approve
the variance for Frederick's of Hollywood contingent upon all the
aforementioned conditions. Motion carried.
WARRANT REGISTER NO. 760 covering claims and demands
presented during the period of February 16 thru 28, 1989, which
includes Demand Nos. 21501 thru 21645 (inclusive), excluding void
Demand Nos. 21519 thru 21522 (inclusive), and excluding Light &
Power Demands drawn on the First Interstate Bank totaling $158,692.66
(Accounting Period March, 1989), was examined and audited.
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 760 be approved and payment authorized for claims and
demands totaling $158,692.66 excluding Light & Power Demands. Motion
carried.
WARRANT REGISTER NO. 760 covering claims and demands pre-
sented during the period of February 16 thru 28, 1989, which includes
Light & Power Demand Nos., as listed below, drawn on the First Inter-
state Bank totaling $109,610.53 (Accounting Period March, 1989),
was examined and audited.
21503
21509
21530
21532
21536
21545
21551
21565
21567
21573
21575
21580
21593
21621
21626
21632
21643
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 760 be approved and payment authorized for
claims and demands totaling $109,610.53. 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 the ratification of Vernon's request for
Edison to provide transmission service on the Palo Verde-Devers No. 2
Transmission Line from approximately June 1, 1993 through May 31, 1997.
David B. Brearley, City Attorney, addressed the City Council
on this matter.
It was moved by Ybarra, seconded by Gonzales, that the City
Attorney's request for Edison to provide Vernon transmission service
, on the Palo Verde-Devers No. 2 Transmission Line from approximately
June 1, 1993 through May 31, 1997, be ratified. 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 Vernon's participation in the Utah-Nevada
Transmission Line Project.
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March 7, 1989
David B. Brearley, City Attorney, addressed the City Council
on this matter.
It was moved by Ybarra, seconded by McCormick, that the City
Attorney and staff be authorized to submit a request for 50 megawatts
participation in the Utah-Nevada Transmission Line Project. 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 Timely Claim from Michael T. Armenta,
Attorney-at-Law, on behalf of Mariana Hernandez Olivo.
The City Clerk asked that this matter be deferred to Closed
Session later this date.
It was moved by McCormick, seconded by Ybarra, that the
Council recess to Closed Session, Personnel, pursuant to Government
Code Section 54957, the time being 6:20 p.m. Motion carried.
All persons with the exception of the City Clerk and the
City Attorney were excluded from Closed Session.
The Mayor ordered that all communications to and from Closed
Session be deemed privileged and confidential.
It was moved by Gonzales, seconded by Davis, that the
Council go out of Closed Session and resume regular session, the time
being 7:00 p.m. Motion carried.
It was
Council go into
Government Code
being 7:01 p.m.
moved by Ybarra, seconded by McCormick, that the
Closed Session Attorney/Client, pursuant to
Section(s) 54956.9(a), and 54956.9(b)(I), the time
Motion carried.
All persons with the exception of the City Attorney and the
City Clerk were excused from Closed Session.
The Mayor ordered all communications to and from Closed
Session be deemed privileged and confidential.
Councilman Davis was excused from Closed Session the time
being 7:08 p.m.
Councilman Davis resumed his seat on the Council the time
being 7:15 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 7:27 p.m. Motion carried.
It was moved by Davis, seconded by Ybarra, that the Timely
Claim of Michael T. Armenta, Attorney at Law, on behalf of Mariana
Hernandez Olivo be denied. Motion carried.
There being no further business to come before the Council
it was moved by McCormick, seconded by Davis, that the meeting
adjourn. Motion carried.
~~~,
...... L, onis C. Mal "urg, yor
Clerk
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