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19890418 Regular City Council Meeting - Minutes MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD APRIL 18, 1989 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 I 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 April 4, 1989, be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period April 1 thru 15, 1989, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period April 1 thru 15, 1989, be received and filed. Motion carried. Fire Department Activity Report for the period April 1 thru 15, 1989, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period April 1 thru 15, 1989, be received and filed. Motion carried. Health Department Report for the month of March, 1989, was presented. It was moved by McCormick, seconded by Gonzales, that the Health Department Report for the month of March, 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 Council on any matters listed on today's agenda other than with regard to the Public Hearings. I There was no one was present who wished to address the Council on any matter listed on the agenda. It was moved by Gonzales, seconded by Davis, to defer the Public Hearing regarding the application for a Conditional Use Permit to allow a truck terminal at 4415 Bandini Boulevard, and the communication from the Director of Community Services regarding same, until after the Public Hearing on the General Plan and Zoning Ordinance of the City of Vernon. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the Public Hearing to consider the adoption of General Plan and Zoning Ordinance for the City of Vernon, the time being 5:10 p.m. Motion carried. victor vaits addressed the City Council on these matters and specifically addressed proposed changes to the Final Draft Comprehensive Zoning ,Ordinance dated April 5, 1989 which are listed below: 1) 2) 3) 4) 5) 6) 7) 8) Section 26.2.3. Section 26.2.8. Section 26.2.12. Section 26.2.14. Section 26.2.17. Section 26.2.19. Section 26.3.5-2. Section 26.3.5-3. Definitions (C) Definitions (I) Definitions (N-O) Definitions (R) Definitions (U) Definitions (W-Z) Permitted Uses (e) to (f) Uses which may be permitted by Conditional Use Permit (a) (j) 1J 1813 City Council Minutes page 2 9) 10) 11) 12) I 13) 14) 15) 16) 17) 18) 19) Section 26.3.6-2. Section 26.3.6-4. Section 26.3.7-3. Section 26.4.6-4. Section 26.4.6-6. Section 26.4.6-7. Section 26.5.2-7. Section 26.5.2-10. Section 26.5.4-5. Section 26.4.6-3. Section 26.5.2-6. April 18, 1989 Permitted Uses (a) and (b) Development Standards a b Uses which may be permitted by Conditional Use Permit (b) Inadequate off-street parking, access or loading, etc. (b) (e) and (f) Continuation of use in repaired or reconstructed building Automatic expiration of non-conforming building Time limit (c) Voiding Permits (d) Appeals Removal of non-conforming building (d) Effective date Communication from Bruce V. Malkenhorst, City Clerk, dated April 13, 1989, was presented, transmitting a communication from the Director of Community Services, dated April 13, 1989, with regard to the Environmental Impact Report for the Vernon General Plan, the Final Draft General Plan, and the Final Draft Comprehensive Zoning Ordinance. It is hereby recommended that: 1. The Environmental Impact Report for the Vernon General Plan be received and certified; 2. The Final Draft General Plan and supporting documents be received and adopted as the General Plan for the City of Vernon 3. The Final Draft Comprehensive Zoning Ordinance be received and adopted as the Comprehensive zoning Ordinance for the City of Vernon. Communication from victor Vaits, dated April 18, 1989, transmitting the Final Environmental Impact Report (EIR) and the Master Environmental Assessment Document (Mea) on the updated General Plan and revised Comprehensive Zoning Ordinance and recommending the following: 1. That the City Council certify that the Environmental Impact Report has been completed in compliance with California Environmental Quality Act (CEQA) law and that information contained therein was considered prior to the City approving the project. 2. Adoption of Resolution certifying the f~nal Environmental Impact Report and Master Environmental Assessment. 3. The Master Environmental Assessment be approved for use as a plan and an environmental assessment for the purposes set forth in the CEQA guidelines. Communication from victor Vaits, dated April 17, 1989, transmitting the Final Draft Comprehensive Zoning Ordinance dated February 14, 1989 and recommending that said zoning ordinance and proposed changes dated April 5, 1989 be adopted as the Comprehensive Zoning Ordinance for the City of Vernon; and also recommending that a second identical Zoning Ordinance be adopted as an Emergency Ordinance covering the time span from April 5, 1989 to the effective date of the Comprehensive zoning Ordinance. At this time the Mayor asked if there was anyone in the audience who wished to address the City Council. I 1874 City Council Minutes page 3 April 18, 1989 Donald Cotton, of Cotton, Beland & Associates, addressed the City Council and gave a brief review of the aforementioned aforementioned documents and the previous activities taken by the city. Corin Kahn, representing the law firm of Ross & Scott, on behalf of Central City South Association, stated they were in support of the General Plan. I It was moved by Gonzales, seconded by Davis to close the Public Hearing to consider the adoption of General Plan and Zoning Ordinance for the City of Vernon, the time being 5:50 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that all the aforementioned documents and communications submitted during the Public Hearing for the General Plan and the Comprehensive Zoning Ordinance be received and filed. Motion carried. RESOLUTION NO. 5610 - A Resolution of the City Council of the City of Vernon Certifying the Final Environmental Impact Report for the Vernon General Plan and Comprehensive zoning Code and Makings Findings, Statements of Fact and Overriding Considerations, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5610 be approved and adopted. Motion carried. RESOLUTION NO. 5609 - A Resolution of the City Council of the City of Vernon Adopting the General Plan for the City of Vernon and the Various Elements Included Therein and Repealing All Resolutions in Conflict Therewith, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5609 be approved and adopted. Motion carried. ORDINANCE NO. 973 - An Ordinance of the City Council of the City of Vernon Adopting a Comprehensive Zoning Ordinance of the City of Vernon, Establishing zoning Districts in the City and Regulating and Restricting the Use, Size, and the Location of Buildings and Improvements on Land; the Use of Land and Open Space; Adopting a Map Showing Said zoning Districts, Defining the Terms Used in the Ordinance; Providing for its Adjustment, Amendment and Enforcement, Prescribing Penalties for Violations; and Repealing all Ordinances in Conflict Therewith, was read by title for a First Reading. It was moved by Davis, seconded by Ybarra, that Ordinance No. 973 be approved for a First Reading. Motion carried. I ORDINANCE NO. 982 - An Ordinance of the City Council of the City of Vernon Adopting the Comprehensive Zoning Ordinance of the City of Vernon, Making Findings with Respect Thereto, Declaring the Urgency Thereof, and that it Will Take Immediate Effect, was presented. It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 982 be approved and adopted as an Urgency Ordinance. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Davis, Gonzales, McCormick None None It was moved by McCormick, seconded by Davis, that the City Clerk shall file Notices of Determination of the Environ- mental Impact of the project with the County Clerk of the County of Los Angeles and the California Office of Planning and Research in Sacramento pursuant to CEQA Guidelines, Section 15094(c). Motion carried. 1875 City Council Minutes page 4 April 18, 1989 It was moved by McCormick, seconded by Ybarra, to open the Public Hearing to Consider an application for a Conditional Use Permit to allow a truck terminal at an existing facility at 4415 Bandini Boulevard, the time being 5:55 p.m. Motion carried. Victor Vaits briefly addressed the City Council on this matter. I Communication from victor Vaits, Director of Community Services, dated April 12, 1989, was presented, advising that LAWI/CSA Consolidators, Inc., has applied for a Conditional Use Permit to operate a truck terminal at 4415 Bandini Boulevard, 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; 3. Environmental Information Form; I 4. Engineer's Report The application of LAWI/CSA Consolidators, 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 to be expanded. It is the opinion of the Director of Community Services that the proposed operation will pose no adverse effect 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 City Council find that the proposed use is categorically exempt from the California Environmental Quality Act process, that a Notice of Exemption be filed with the County Clerk, and that the Conditional Use Permit be granted with the following conditions: 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. Prior to occupancy a business license and occupancy permit shall be obtained; 2. Any hazardous substances used or handled shall have prior approval from the Vernon Fire and Health Departments; 3. The number of employee parking spaces required per Vernon City Code shall be provided and maintained; 4. 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. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes; 7. All underground tanks shall be made to conform with all present City Codes. 1876 City Council Minutes page 5 April 18, 1989 I The Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. Ernest C. Ewing, representing LAWI/CSA, advised that they concurred with the requirements and are ready. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing in the matter of the application for a Conditional Use Permit for a truck terminal at 4415 Bandini Boulevard, the time being 6:00 p.m. Motion carried. It was moved by McCormick, seconded by Davis, to receive and file the documents presented during the aforementioned Public Hearing and that the project is categorically exempt from the California Environmental Quality Act process, and that the Conditional Use Permit be granted contingent upon the previously listed conditions. Motion carried. RESOLUTION NO. 5608 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to LAWI/CSA Consolidators, Inc. for the Operation of a Truck Terminal at 4415 Bandini Boulevard, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5608 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 13, 1989, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held April 17, 1989 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations listed on the Agenda for the Personnel committee Meeting held April 17, 1989, be approved. Motion carried. I Communication from Bruce V. Malkenhorst, Director of Finance, dated April 13, 1989, was presented, transmitting the Agenda for the Finance Committee Meeting to be held April 17, 1989 for approval of the recommendations contained therein. Councilman Davis had questions with regard to the purchase of the three (3) kVA Power Transformers listed on the Finance Committee Agenda. It was moved by Ybarra, seconded Davis, that the recommendations listed on the Agenda for the Finance Committee Meeting held April 17, 1989, be approved with the stipulation that the Director of Water & Power look into the matter of the three "kVA Transformers" further, and report back to the City Clerk. Motion carried. Communication from Louis Rosenkrantz, Acting Police Chief, dated April 4, 1989, was presented, requesting authority and funds for Lt. Les Brown to attend the 14th Annual Labor Police Management Seminar in Las Vegas, Nevada, May 21-23, 1989 with an expense allowance of $413.50. It was moved by McCormick, seconded by Gonzales, that authority be granted to issue warrant to Lt. Les Brown in the amount of $413.50 for his attendance to the 14th Annual Labor Police Management Seminar in Las Vegas, May 21-23, 1989. Motion carried. Communication from Louis Rosenkrantz, Acting Police Chief, dated March 29, 1989, was presented, requesting authority and funds for Lora Lozano, Senior Dispatcher, to attend the "Train the Trainer" Course sponsored by the Associated public- Safety Communications Officers Institute at Redondo Beach, May 1 to 5, 1989 with an expense allowance of $265.50. 1877 City Council Minutes page 6 April 18, 1989 I It was moved by Ybarra, seconded by Davis, that authority be granted to issue warrant to Lora Lozano in the amount of $265.50 for her attendance to the "Train the Trainer" Course at Redondo Beach, May 1 to 5, 1989. Motion carried. Communication from victor Vaits, Director of Community Services, dated April 6, 1989, was presented, requesting authority and funds for Richard Lucas, Building Inspector, and Wenceslao Reynoso, Engineering Aide, to attend the Los Angeles Basin Chapter International Conference of Building Officials Seminar at the Inglewood City Hall, June 14-15, 1989 (two half- day seminars) with an expense a~lowance of $38.00 each. It was moved by Davis, seconded by Gonzales, that authority be granted to issue warrants to Richard Lucas and Wenceslao Reynoso in the amount of $38.00 each for their attendance to the Los Angeles Basin Chapter International Conference of Building Officials Seminar at Inglewood. Mr. Lucas will be attending June 14-15 and Mr. Reynoso May 30-June 1, 1989. Motion carried. Communication from Louis Rosenkrantz, Acting Police Chief, dated April 3, 1989, was presented, requesting authority and funds for Lt. Don Green and Sgt. Steve Towles to attend the CPR Instructor Update Course at South Gate Police Department, April 18-19, 1989, with an expense allowance of $130.00 each. It was moved by McCormick, seconded by Ybarra, that authority be granted to issue warrants to Lt. Don Green and Sgt. Steve Towles in the amount of $130.00 each for their attendance to the CPR Instructor Update Course at South Gate, April 18-19, 1989. Motion carried. I Communication from Bruce V. Malkenhorst, City Clerk, dated April 11, 1989, was presented, advising that Lubricating Specialties Company, located at 3365 Slauson Avenue, has requested an extension of their permit for one office trailer due to construction delays. This has been reviewed by the Director of Community Services and it is hereby recommended that the extension be granted to April 4, 1990. It was moved by Gonzales, seconded by Davis, that Lubricating Specialties Company be granted an extension of their permit to April 4, 1990 for one office trailer. Motion carried. Communication from victor Vaits, Director of Community Services, dated April 4, 1989, was presented, submitting a fully executed Grant Deed from California Cartage Co., Inc., for a portion of property situated at 4444 26th Street which will be used for the enlargement of the curb return on the southwest corner of Ayers Avenue and 26th Street. It is hereby recommended that the Grant Deed be accepted, the Certificate of Acceptance be approved and the Mayor and City Clerk authorized to execute same. It was moved by Ybarra, seconded by Davis, that the Grant Deed for property situated at 4444 26th Street be accepted, 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 April 13, 1989, was presented, requesting that authority be granted to rent a two-bedroom suite during the California Contract Cities Association's Seminar in Palm Springs, May 17 to 21, 1989 at a cost not to exceed $1500. This will be used as a hospitality suite and to accommodate the Mayor Pro-tern and City Administrator/City Clerk. It was moved by Gonzales, seconded by Davis, that authority be granted to rent a two-bedroom suite in Palm Springs, 1878 City Council Minutes page 7 April 18, 1989 May 17 to 21, 1989 for the aforementioned purposes. Motion carried. Communication from Louis Rosenkrantz, Acting Police Chief, dated April 10, 1989, was presented, requesting authority and funds for Police Dispatchers Cheryl Thompson, Nikki Sibley and Deborah Apodaca to attend the Complaint Dispatcher Course at Golden West College Criminal Justice Training Center, June 5 - 16, 1989, with an expense allowance of $35.00 each. It was moved by Ybarra, seconded by Davis, that authority be granted to issue warrants to Cheryl Thompson, Nikki Sibley and Deborah Apodaca in the amount of $35.00 each for their attendance to the Complaint Dispatcher Course at Golden West . College, June 5 - 16, 1989. Motion carried. WARRANT REGISTER NO. 763 covering claims and demands presented during the period of April 1 thru 15, 1989, which includes Demand Nos. 22021 thru 22257 (inclusive), excluding Void Demand Nos. as listed below, and excluding Light & Power Demands drawn on the First Interstate Bank totaling $134,410.93 (Accounting Period April, 1989), was examined and audited. 22029 22059 22060 22061 22062 22063 22200 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 763 be approved and paYment authorized for claims and demands totaling $134,410.93 excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 763 covering claims and demands presented during the period of April 1 thru 15, 1989, which includes Light & Power Demand Nos. as listed below, drawn on the First Interstate Bank totaling $106,809.96 (Accounting Period April, 1989), was examined and audited. 22023 22070 22126 22169 22194 22232 22037 22081 22127 22174 22196 22233 22043 22091 22129 22177 22198 22237 22044 22096 22138 22178 22201 22249 22045 22099 22143 22185 22206 22047 22100 22153 22188 22207 22056 22112 22155 22193 22227 I It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 763 be approved and paYment authorized for claims and demands listed above totaling $106,809.96. 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. PAYROLL WARRANT REGISTER NO. 390 covering claims and demands presented during the period of February 12 thru March 11, 1989, which includes Demand Nos. 5311thru 5335 (both inclusive) drawn on the First Interstate Bank totaling $992,570.31 (Accounting Period March, 1989), was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 390 be approved and paYment authorized for claims and demands totaling $992,570.31. Motion carried. Communication from victor Vaits, Director of Community Services, dated April 12, 1989, was presented, transmitting for approval specifications and plans for Contract No. 487; Atlantic, Everett, Ayers and Slauson Avenue Improvements, and recommending 1879 City Council Minutes page 8 April 18, 1989 that the contract be approved and authority granted to advertise for bids. It was moved by Ybarra, seconded by Gonzales, that Contract No. 487 be approved and authority granted to advertise for bids. Motion carried. I RESOLUTION NO. 5605 - A Resolution of the City Council of the City of Vernon Approving Contract No. 487 and Authorizing Notice Inviting Sealed Proposals or Bids for Atlantic, Everett, Ayers and Slauson Avenue Improvements in Accordance with Contract No. 487 of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5605 be approved and adopted. Motion carried. Councilman McCormick asked if a repair of the bridge at the location was going to take place at this time. victor Vaits advised that the City of Bell was not participating or requesting that any work be done on the bridge at this time. Communication from Lewis Adams, Director of Water & Power, dated April 11, 1989, requesting authority and funds for Joe Thompson, Sub Station Electrician, to attend the Quarterly Electric Utility Service Equipment Requirements Committee Meeting in Reno, Nevada, May 3-5, 1989 with an expense allowance of $414.96, was presented. It was moved by Ybarra, seconded by Davis, that the aforementioned request from the Director of Water & Power be removed from the Agenda. Motion carried. Communication from Louis Rosenkrantz, Acting Police Chief, dated April 5, 1989, was presented, requesting authority and funds to attend the Los Angeles County Police Chiefs' Annual Training Seminar in Oxnard, California, May 3-5, 1989 with an expense allowance of $370.35. It was moved by McCormick, seconded by Gonzales, that authority be granted to issue warrant to Louis Rosenkrantz in the amount of $370.35 for his attendance to the Los Angeles County Police Chiefs' Annual Training Seminar in Oxnard, May 3-5, 1989. Motion carried. I Communication from Bruce V. Malkenhorst, City Clerk, dated April 13, 1989, was presented, advising that the claim for damages by Los Angeles Unified School District, received on March 13, 1989, in the matter of Ronald C. Mouzis and Laura Mouzis, which occurred on September 30, 1988, has been reviewed by Eric Fresch, our legal counsel on this matter, and recommending that the claim be denied. It was moved by Ybarra, seconded by Davis, that the aforementioned claim be deferred to Closed Session. Motion carried. David B. Brearley, City Attorney, addressed the City Council requesting that the matter of an Amendment No. 1 to an an Edison-Vernon LADWP Firm Transmission Service Agreement be placed on the Agenda as the need to take action arose after the Agenda was posted. The City Attorney recommended that this item be placed on the Agenda. It was moved by Gonzales, seconded by McCormick, to grant approval to add this item to the agenda as the need to take action arose after the posting of the Agenda. Motion carried. 1880 City Council Minutes page 9 April 18, 1989 Communication from David B. Brearley, City Attorney, dated April 18, 1989, transmitting Amendment No. 1 to the Edison- Vernon LADWP Firm Transmission Service Agreement between Southern California Edison Company and the City of Vernon for consideration. I It was moved by Ybarra, seconded by McCormick, that the aforementioned documents be received and filed and to approve the the recommendations by the City Attorney. 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. 5611 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Edison-Vernon LADWP Firm Transmission Service Agreement Between Southern California Edison Company and the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5611 be approved and adopted. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session, to consider personnel matters, pursuant to Government Code Section 54957, the time being 7:00 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 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 7:15 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Council go into Closed Session Attorney/Client privilege, pursuant to Government Code Sections 54956.9(a) and 54956.9(b)(1), the time being 7:18 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. Councilman Davis was excused from Closed Session at I 7:30 p.m. Councilman Davis resumed his seat on the Council at 7:45 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 7:50 p.m. MQtion carried. It was moved by Gonzales, seconded by Davis, that the claim for damages filed by Los Angeles Unified School District in the matter of Ronald Mouzis and Laura Mouzis be referred to the city's claims Administrator for review. Motion carried. It was moved by Ybarra, seconded by McCormick, that Sergio Valenzuela be hired subject to his passing a pre- emplOYment physical. 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. 1881 City Council Minutes page 10 ATTEST; A:-- J/ Bruce V. Malkenhorst City Clerk I I April 18, 1989 ~1':~~' yor 1882