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19890328 Regular City Council Meeting - Minutes I II MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD MARCH 28, 1989 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, Gonzales, Davis, 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 March 7, 1989, be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period March 1 thru 15, 1989, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period March 1 thru 15, 1989, be received and filed. Motion carried. Fire Department Activity Report for the period March 1 thru 15, 1989, was presented. It was moved by McCormick, seconded by Davis, that the Fire Department Activity Report for the period March 1 thru 15, 1989, be received and filed. Motion carried. Health Department Report for the month of February, 1989, was presented. It was moved .by Ybarra, seconded by Gonzales, that the Health Department Report for the month of February, 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 matter listed on the agenda other than with regard to the Public Hearings. No one was present 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 an application for a Conditional Use Permit to allow a Retail and Wholesale Use in a building with a floor area of over 10,000 square feet located on Lots 10 and 11 of Parcel Map No. 19848 on Malburg Way, the time being 5:10 p.m. Victor vaits briefly addressed the City Council on this matter. Communication from Vi~tor Vaits, Director of Community Services, dated March 30, 1989, was presented, advising that Frederick's of Hollywood has applied for a Conditional Use Permit to operate a retail commercial use with a floor area over 10,000 square feet at buildings located on Lots 10 and 11 of Parcel Map No. 19848 along Malburg Way, and transmitting the following supporting documents: 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; 1859 City Council Minutes page 2 March 28, 1989 3. Environmental Information Form; I 4. Engineer's Report. Frederick's of Hollywood's application was found to be exempt from the California Environmental Quality Act and it is the opinion of Mr. Vaits 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 a Notice of Exemption be filed and that the Conditional Use Permit be granted contingent upon the following conditions: I 1. The facility shall be operated in accordance with the appropriate codes, rules, regulations and subject to permit fees as adopted by the City of Vernon; 2. The number of parking spaces required per Vernon City Code shall be provided and maintained; 3. The use shall be mail-order retail sales. Any change in use will nullify this permit; 4. All mail-orders or sales processed through the site shall be considered to have a point of sales at the site. Sales to businesses or individuals within the State of California shall be reported to the State Board of Equalization as retail sales in the City of Vernon and shall be subject to sales tax pursuant to Chapter 20 of the Vernon City Code; 5. The facility shall not be expanded beyond 63,000 square feet on Lots 10 and 11 without approval of the Director of Community Services. At this time the Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. Robert Schmidt, realtor on behalf of Fredericks, briefly addressed the City Council on this matter. Nancy Scott, Vice President Real Estate for Fredericks, briefly addressed the City Council. Adam Richey, real estate broker on behalf of Fredericks, briefly addressed the City Council. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing regarding the aforementioned request for a Conditional Use Permit from Frederick's of Hollywood, the time being 5:40 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from victor Vaits, dated March 30, 1989, be received and filed, that a Notice of Exemption be filed, and that Frederick's of Hollywood be granted a Conditional Use Permit contingent upon the aforementioned conditions; however, if in fact, Condition No. 4 is not a viable condition, said Conditional Use Permit may be revoked. Motion carried. RESOLUTION NO. 5582 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Frederick's of Hollywood for the Operation of a Retail Commercial Use with a Floor Area Over 10,000 Square Feet at a Building Located on Lots 10 and 11 of Parcel Map No. 19848 Along Malburg Way, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5582 be approved and adopted contingent upon Condition No. 4 being a viable condition. Motion carried. 186G City Council Minutes page 3 March 28, 1989 I Communication from Stephen C. Taylor, from the law firm of Sheppard, Mullin, Richter & Hampton, dated February 10, 1989, on behalf of Coca-Cola Bottling Company of Los Angeles regarding their appeal of the Director of Community Services' Decision regarding Applicability of Comprehensive zoning Ordinance Section 4.4.7 to 4501 District Boulevard, pursuant to City Code Section 7.95. (Deferred from the City Council Meeting held February 21, 1989.) The City Clerk advised the City Council that a communication dated March 27, 1989 was received from william J. Arzbaecher, an attorney with Sheppard, Mullin, Richter & Hampton, representing Coca Cola, requesting that this matter be removed from the agenda. It was moved by McCormick, seconded by Ybarra, that the communication from William J. Arzbaecher, dated March 27, 1989, be received and filed. Motion carried. It was moved by Ybarra, seconded by Davis, that the Coca- Cola Bottling Company matter be removed from the Agenda. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 15, 1989, was presented, advising that C. R. Laurence Co., Inc. is constructing a new building at 2535 East Vernon Avenue and has requested a variance from the 1985 Edition U.B.C. Section 2003: Exterior Wall, Openings and Partitions for the buildings at 2503 and 2535 East Vernon Avenue. The company is proposing to cut two 3' x 7' openings and two 12' x 14' openings in each of the adjacent concrete property line walls. C. R. Laurence manufactures automotive glass products and their operation meets the 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 contingent upon the following conditions: 1. The openings on both buildings 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 C. R. Laurence Co., Inc.'s operation, the openings shall be permanently sealed; 3. Proper permits shall be obtained from the City before any improvements are constructed. victor Vaits briefly addressed the City Council on this matter. I It was moved by Ybarra, seconded by McCormick, to grant a variance to C. R. Laurence Co., Inc. contingent upon the aforementioned conditions. Motion carried. Communication from victor vaits, Director of Community Services, dated March 21, 1989, was presented, transmitting the proposed railroad crossing improvement agreement with union Pacific Railroad for the Slauson Avenue crossing which is being extended southerly due to the construction of Malburg Way. A new railroad signal, protection arm and two concrete panels will be constructed and Trammell Crow Company, who was required to improve this crossing per conditions set on their Parcel Map No. 19848, has deposited a check for $102,288 with the City which covers all charges for the crossing improvement. It is hereby recommended that said Agreement for Improvement of Railroad Crossings with Union Pacific Railroad be accepted and the Mayor and City Clerk authorized to execute same. RESOLUTION NO. 5604 - A Resolution of the City Council of the City of Vernon Approving and Autijorizing the Execution of an Agreement By and Between the Union Pa~ific Railroad Company and the 1861 City Council Minutes page 4 March 28, 1989 I Communication from Police Captain Louis Rosenkrantz, dated March 7, 1989, was presented, requesting authority and funds for Lt. Les Brown to attend the 1989 SEPTA Training Needs Assessment Seminar at Cal Poly Pomona March 29 to 31, 1989 with an expense allowance of $176.46. II It was moved by Davis, seconded by Gonzales, that authority be granted to issue warrant to Lt. Les Brown in the amount of $176.46 for his attendance at the 1989 SEPTA Training Needs assessment Seminar in Pomona, March 29 to 31, 1989. Motion carried. Communication from victor Vaits, Director of Community Services, dated March 7, 1989, was presented, requesting authority and funds for Jerry Schreiber, Electrical Inspector, to attend the Southern California Chapter of the International Association of Electrical Inspectors Seminar for Low Voltage Ground Fault Protection in Alhambra March 28, 1989 with an expense allowance of $38.00. It was moved by Ybarra, seconded by Gonzales, that authority be granted to issue warrant to Jerry Schreiber in the amount of $38.00 for his attendance to the Southern California Chapter of the International Association of Electrical Inspectors Seminar in Alhambra, March 28, 1989. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 15, 1989, was presented, requesting authority and funds for himself and Councilmen Thomas Ybarra and Larry Gonzales to attend the California Municipal Treasurers Association 30th Annual Conference in Torrance April 18 - 22, 1989 with an expense allowance of $695.00 each. It was moved by McCormick, seconded by Davis, that authority be granted for Bruce V. Malkenhorst, Thomas Ybarra and Larry Gonzales to attend the California Municipal Treasurers Association 30th Annual Conference in Torrance, April 18 -22, 1989 with an expense allowance of $695.00 each. Motion carried. 1862 I I City Council Minutes page 5 March 28, 1989 Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 23, 1989, was presented, transmitting the agenda for the Adjourned Regular Personnel Committee Meeting to be held March 27, 1989 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations listed on the agenda for the Adjourned Regular Personnel Committee Meeting held March 27, 1989, be approved as indicated. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 23, 1989, was presented, transmitting the minutes of the Adjourned Regular Finance Committee Meeting held March 13, 1989 for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the minutes of the Adjourned Regular Finance Committee Meeting held March 13, 1989, be approved as indicated. Motion carried. Communication from Gloria J. Orosco, Secretary to Police & Fire Commissioners, dated March 22, 1989, was presented, advising that at the meeting of the Police & Fire Commissioners held March 7, 1989, it was recommended that consideration be given to the City participating in the Community Service Referral Program dealing specifically with persons detained for Section 594 (Vandalism) of the Penal Code, specifically juveniles detained for graffiti. The Police & Fire Commissioners hereby recommend that approval be granted for the City to participate in this Community Service Referral Program for juveniles found guilty of the aforementioned criminal activity. It was moved by McCormick, seconded by Ybarra, that approval be granted for Vernon to participate in the aforementioned Community Service program with regard to graffiti. Motion carried. WARRANT REGISTER NO. 761 covering claims and demands presented during the period of March 1 thru 15, 1989, which includes Demand Nos. 21646 thru 21923 (inclusive) and excluding Void Demand Nos. as listed below, excluding Light & Power Demands drawn on the First Interstate Bank totaling $235,127.69 (Accounting Period March, 1989), was examined and audited. 21683 21684 21688 21689 21686 21687 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 761 be approved and payment authorized for claims and demands totaling $235,127.69 excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 761 covering claims and demands presented during the period of March 1 thru 15, 1989, which includes Light & Power Demand Nos., as listed below, drawn on the First Interstate Bank totaling $3,798,765.07 (Accounting Period March, 1989), was examined and audited. 21651 216.52 21653 21654 21664 21667 21668 21670 21671 21880 21881 21882 21890 21892 21903 21905 21907 21913 21916 21921 21675 21676 21677 21679 21685 21701 21706 21707 21714 21798 21802 21806 21807 21813 21815 21823 21824 21825 21828 21829 21830 21831 21832 21835 21838 21841 21845 21846 21848 21852 21853 21854 21867 21877 21878 21879 21716 21723 21725 21730 21732 21737 21750 21752 21753 21757 21758 21761 21766 21768 21770 21779 21785 21797 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 761 be approved and payment authorized for claims and 1863 I II City Council Minutes page 6 March 28, 1989 demands listed above totaling $3,798,765.07. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that this decision will have a material financial effect on his source of income. PAYROLL WARRANT REGISTER NO. 389 covering claims and demands presented during the period of January 15 thru February 11, 1989, which includes Demand Nos. 5285 thru 5310 (both inclusive) drawn on the First Interstate Bank totaling $985,205.60 (Accounting Period February, 1989), was examined and audited. It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 389 be approved and payment authorized for claims and demands totaling $985,205.60. Motion carried. Communication from Larry Spadt, Fire Chief, dated March 21, 1989, was presented, requesting approval to conduct a two-day fire training school sponsored by the Western Liquid Gas Association and hosted by the City of Vernon. Chief Spadt addressed the City Council on this matter. It was moved by Ybarra, seconded by Davis, that approval be granted for the City of Vernon to host a two-day training school sponsored by the Western Liquid Gas Association. Motion carried. Consideration of the Public Employees Retirement System's communication dated March 6, 1989 regarding Luis Espinoza. It was moved by Ybarra, seconded by Davis, that the communication regarding Luis Espinoza be referred to Closed Session, Personnel. Motion carried. 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 6:40 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 Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session the time being 6:55 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go out of Closed Session Attorney/Client pursuant to Government Code Section 54956.9(a) the time being 6:56 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 all communications to and from Closed Session deemed privileged and confidential. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 7:00 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that a Hearing on the application for a Disability Retirement of Luis Espinoza be set for the first City Council meeting in May and that the City Administrator send a written notification to Mr. Espinoza of said Hearing. Motion carried. 1864 II II City Council Minutes page 7 March 28, 1989 There being no further business to come before the Council it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. _. Mayor ATTEST: Bruce V. Malkenhorst City Clerk 18,65 I II ORDER OF ADJOUmiMENT OF MEETING 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 TUESDAY, MARCH 21, 1989 AT 4:45 P.M. 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 MARCH 28, 1989 AT 4:45 P.M. IN THE COUNCIL ClUU1BERS OF THE CITY HALL, LOCATED AT 4305 S~~TA FE AVENUE, VERNON, CALIFORNIA -: (~I2U{!&7/ /)? al-6~~/- /l Bruce V. Malkenhorst 9C City Clerk l;l ~ tl BY ::(Jlh../')L.,;<...J .... , tj/JL)-~ j\ Gldr~a J. Orq.s 0 Chief Deputy0City Clerk