19900306 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD MARCH 6, 1990 AT 5 P.M.
IN THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales, Davis
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by McCormick, seconded by Ybarra, that the
minutes of the City Council Meeting held February 20, 1990, be
approved as written and adopted. Motion carried.
Police Chief Rosenkrantz accepted the five year Service
pin Award on behalf of Police Officer Ben Busse who was unable to
be present.
Police Department Activity Log for the period February 16
thru 28, 1990, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period February 16 thru 28,
1990, be received and filed. Motion carried.
Fire Department Activity Report for the period February
16 thru 28, 1990, was presented.
It was moved by Ybarra, seconded by McCormick, that the
Fire Department Activity Report for the period February 16 thru 28,
1990, be received and filed. Motion carried.
A Proclamation of the Mayor and the city council of the
city of Vernon Commending and Honoring Roger McComas, Mayor of the
City of Bell Gardens, in Recognition of his contributions to City
Government Over the Past 22 Years, was read by title by the City
Clerk.
It was unanimously agreed by the City Council that the
Mayor be authorized to sign the Proclamation and that it be
forwarded to the City of Bell Gardens to be presented to Roger
McComas at his retirement dinner.
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 other than with regard to the Public Hearing.
There was no one present in the audience who wished to
address the City Council on any matters listed on the agenda other
than with regard to the Public Hearing.
It was moved by Ybarra, seconded by Davis, to open the
Public Hearing to consider a request from Pacific Cold Storage for
a variance to allow the occupant to utilize a non-conforming truck
dock at 3420 Vernon Avenue. Motion carried.
victor vaits addressed the City council on this matter.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 27, 1990, was presented, advising that Pacific Cold
Storage has requested a variance for property located at 3420
Vernon Avenue from the Comprehensive Zoning Ordinance, Section
26.4.2-8, Development Standards, which pertains to all off-street
parking and loading facilities for any use, building, or structure
hereafter erected, constructed, or expanded in the City.
Transmitted herewith is the following evidence.
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March 6, 1990
1. Application for Variance;
2. Affidavit of posting and mailing;
3. Notice of Public Hearing;
4. Property owners list statement, property owners
list and 300 foot radius map.
The company is proposing to expand their facility by
adding a 17,250 square foot freezer. The existing building now
has ten truck loading and parking spaces which measure 98.5 feet
from the dock doors to the street right-of-way; these spaces are
in non-conformance with the Development Standards which require a
65 foot long space with a 40 foot maneuvering area for a total
length of 105 feet. The company is proposing to construct three
additional spaces adjacent to the existing spaces with the same
98.5 foot length. This has been reviewed by the Director of
Community Services and it is hereby recommended that the variance
be granted contingent upon the following conditions:
1. The two lots on which the facility will be con-
structed shall be merged.
2. The existing covenant allowing parking at the lot
across the street shall be revised to include any
new required spaces for the subject site;
3. No on-street parking will be allowed for the sub
ject facility.
Mr. vaits advised that the conditions previously recom-
mended to the City Clerk in his communication dated February 26,
1990 were to be changed to read as follows:
a. Los Angeles County Assessors Parcel 6303-11-46,
6303-11-32 and 6303-11-33 shall be merged.
b. Los Angeles County Assessors Parcels 6303-07-37,
6303-07-35 shall be tied by covenant to the above
newly merged lots for parking requirement purposes.
c. No on-street parking will be allowed for the subject
facility.
d. The thirteen combined truck parking and loading
spaces, minimum of 98.5 feet in depth, shall be
maintained for the life of the building or until
the buildings are altered so as not to require
this number of spaces.
The Mayor asked if there was anyone in the audience who
wished to address the City Council on this matter.
There was no one who wished to address the City Council on
this matter.
It was moved by Gonzales, seconded by McCormick, to close
the Public Hearing, the time being 5:22 p.m. Motion carried.
It was moved by McCormick, seconded by Davis, to receive
and file the communication from the City Clerk dated February 27,
1990, and to approve his recommendation contingent upon the
conditions (a thru d) read by Mr. vaits. Motion carried.
RESOLUTION NO. 5722 - A Resolution of the City council of
the City of Vernon Granting a Variance to Pacific Cold Storage
from the Comprehensive Zoning Ordinance, section 26.4.2-8,
Development Standards, for Property Located at 3420 Vernon Avenue
in the City of Vernon, was presented.
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March 6, 1990
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 5722 be approved and adopted. Motion carried.
Communication from victor Vaits, Director of Community
Services, dated March 1, 1990, was presented, advising that NI
Industries, Inc. has applied for a Conditional Use Permit for the
expansion of volume of off-site wastes accepted at NI Industries,
Inc. located at 5215 Boyle Avenue, and transmitting the following
supporting documents:
1. Request for a Conditional Use Permit and information
supporting the application;
2. Notice of Intent to Adopt a Negative Declaration and
affidavit of mailing;
3. Environmental Information Form;
4. Engineer's Report;
5. Proposed Negative Declaration;
6. Responses to Notice of Intent to adopt a Negative
Declaration.
It is the opinion of the Director of Community Services that the
proposed operation will pose no adverse effects to the City of
Vernon or any surrounding area, and that 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 in this case
because of mitigation measures. It is hereby recommended that the
City Council determine:
1. 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 in this case because of mitigation
measures and adopt a Negative Declaration.
Victor vaits addressed the City Council on this matter and
advised that thirty days is needed to review a proposed Negative
Declaration and although this (Notice of Intent) was mailed out in
a timely manner, it was not logged in as "received" by the State
until March 7. Based on this, the matter should be deferred to the
next City Council Meeting which will allow the State the thirty
days to review.
It was moved by Gonzales, seconded by Ybarra, to defer the
aforementioned matter with regard to NI Industries, Inc. to the
next City Council Meeting. Motion carried.
RESOLUTION NO. 5728 - A Resolution of the City Council of
the City of Vernon Establishing Health and Permit Fees Applicable
to all Permits Granted by the City of Vernon Pursuant to Section
11.25, 13.7, 13.31 and 25.12 of the Vernon City Code and
Repealing Resolution No. 5482.
RESOLUTION NO. 5729 - A Resolution of the City Council of
the City of Vernon Establishing Hazardous Materials Establishment
Permit and Application Fees in Accordance with Sections 13.54 and
13.55 of the Vernon City Code.
It was moved by Ybarra, seconded by McCormick, that Resolu-
tion Numbers 5728 & 5729 be removed from the agenda. Motion carried.
RESOLUTION NO. 5718 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Firm Power Sale Agreement By and Between the city of Vernon and the
Salt River Project Agricultural Improvement and Power District, was
presented. (Deferred from Council Meeting held February 20, 1990.)
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It was moved by Ybarra, seconded by Davis, that Resolution
No. 5718 be deferred to the next City Council Meeting. Motion
carried.
Communication from victor Vaits, Director of community
Services, representing the Redevelopment Agency of the city of
Vernon, dated February 20, 1990, was presented, transmitting a copy
of the preliminary Project Report on the proposed Redevelopment Plan
for the Vernon Industrial Redevelopment Project, which has been pre-
pared by the Redevelopment Agency of the City of Vernon in accor-
dance with Section 33344.5 of the California Health and Safety Code.
It was moved by McCormiCk, seconded by Gonzales, that the
communication from the Director of Community Services and the
Preliminary Project Report on the proposed Redevelopment Plan for
the Vernon Industrial Redevelopment Project be received and filed.
Motion carried. Mayor Malburg abstained from participating and
voting in said decision as it may be a conflict of interest.
Ayes:
Noes:
Abstain:
Ybarra, McCormiCk, Gonzales, Davis
None
Malburg
Consideration of establishment of a Redevelopment
Revolving Fund.
David B. Brearley, City Attorney, addressed the City
Council on this matter.
It was moved by Gonzales, seconded by Ybarra, to approve
the establishment of a Redevelopment Revolving Fund. Motion
carried.
RESOLUTION NO. 5724 - A Resolution of the City Council of
the City of Vernon Establishing the Redevelopment Revolving Fund,
was presented.
It was moved by McCormiCk, seconded by Davis, that
Resolution No. 5724 be approved and adopted. Motion carried.
Consideration of Acquisition of Real Property by the
Redevelopment Agency; transfer of funds to the Redevelopment
Revolving Fund; payment of monies from said Fund to the
Redevelopment Agency; and execution of a Redevelopment Revolving
Fund Loan No. 1 Agreement between the city of Vernon and the
Vernon Redevelopment Agency.
David B. Brearley, City Attorney, addressed the city
Council on this matter.
RESOLUTION NO. 5725 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing (1) The Acquisition
of Real Property by the City of Vernon Redevelopment Agency; (2)
The Transfer of Funds to the Redevelopment Revolving Fund; (3) The
Payment of Monies in the Redevelopment Revolving Fund to the City
of Vernon Redevelopment Agency; and (4) the Execution of a
Redevelopment Revolving Fund Loan No. 1 Agreement Between the City
of Vernon and the City of Vernon Redevelopment Agency, was
presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 5725 be approved and adopted. Motion carried.
RESOLUTION NO. 5726 -A Resolution of the City Council of
the City of Vernon Commending Enrique Romero for His Many Years of
Service to the City of Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that Resolution
No. 5726 be approved and adopted. Motion carried.
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Communication from Louis S. Rosenkrantz, Police Chief,
dated March 1, 1990, was presented, recommending that an ordinance
be adopted to disallow the display of aerosol spray paint cans by
retail outlets, in order to prevent juveniles from having easy
access by way of theft.
It was moved by Ybarra, seconded by Davis, that the
communication from the Police Chief dated March 1, 1990 be received
and filed. Motion carried.
ORDINANCE NO. 986 - An Ordinance of the City Council of
the City of Vernon Amending the Code of the City of Vernon by
Adding section 12A.20 to Chapter 12A of Said Code Relating to the
Sale of Aerosol Paint containers and the Storage Thereof, was read
by title for a FIRST READING.
It was moved by McCormick, seconded by Ybarra, that
Ordinance No. 986 be approved for a FIRST READING. Motion carried.
RESOLUTION NO. 5727 - A Resolution of the City Council
of the City of Vernon Amending Sections 17 and 18 and Exhibit "A",
Schedule II, Pages 1, 4 and 15, of Resolution No. 5641, Which
Fixed the Compensation for certain Employees of Said City and
Authorized certain Expense Allowances, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 5727 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 26, 1990, was presented, transmitting an invoice in
the amount of $107,426.22 charging the Redevelopment Agency for
operating costs for the period covering July 1 thru December 31,
1989, and recommending that said invoice be approved and
submitted.
It was moved by Gonzales, seconded by Davis, to receive
and file the communication from the City Clerk dated February 26,
1990, and that the aforementioned invoice be approved and submitted
to the Redevelopment Agency. Motion carried.
Communication from victor vaits, Director of Community
Services, dated February 27, 1990, was presented, transmitting a
fully executed Grant Deed from Ingoldsby Enterprises for portions
of property situated at the southwest corner of 49th Street and
Corona Avenue. The property is approximately 379 square feet in
size and is for street purposes. It is hereby recommended that the
Grant Deed be accepted, the Certificate of Acceptance be approved
and the Mayor and City Clerk be authorized to execute same.
It was moved by Ybarra, seconded by McCormick, that the
Grant Deed from Ingoldsby Enterprises be accepted, the Certificate
of Acceptance approved and the Mayor and City Clerk authorized to
execute same. Motion carried.
Communication from victor Vaits, Director of Community
Services, dated February 27, 1990, was presented, transmitting
three (3) fully executed Grant Deeds from Vernon Associates for
portions of property situated at the following locations:
The southwest corner of 48th Street and Corona Avenue
(approximately 379 square feet);
The southwest corner of 50th Street and Corona Avenue
(approximately 379 square feet); and
The northeast corner of 50th Street and Loma vista Avenue
(approximately 283 square feet).
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The properties are to be used for street purposes, and it is hereby
recommended that the Grant Deeds be accepted, the certificates of
Acceptance be approved and the Mayor and City Clerk be authorized
to execute same.
It was moved by McCormick, seconded by Davis, that the
three (3) Grant Deeds from Vernon Associates be accepted, the
certificates of Acceptance approved and the Mayor and City Clerk
authorized to execute same. Motion carried.
Communication from victor Vaits, Director of Community
Services, dated February 28, 1990, was presented, advising that Con-
tract No. 494, Traffic Signal Modernization, (Santa Fe Avenue and
27th Street, Downey Road and Vernon Avenue, Santa Fe Avenue and
25th-26th Street) has been completed. The total contract amount
was $44,201.00, and a Final Partial Payment of $8,056.35 is now
due, with the remaining ten percent, $4,420.10, payable thirty-five
days after acceptance. It is hereby recommended that the work be
accepted and authority be granted to pay the contractor Signal Main-
tenance, Inc. 2720 E. Regal Park Drive, Anaheim, California 92806.
It was moved by Ybarra, seconded by Mccormick, that the
communication from the Director of community Services dated
February 28, 1990, be received and filed and his recommendation be
approved. Motion carried.
RESOLUTION NO. 5723 - A Resolution of the City Council of
the City of Vernon Accepting the Work of Signal Maintenance Inc.
in Accordance with Contract No. 494 of the City of Vernon, was
presented, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 5723 be approved and adopted. Motion carried.
Communication from Norman Michiels, Director of
Environmental Health, dated February 15, 1990, was presented,
requesting authority and funds for Dan Downing, Environmental
Specialist, to attend the 4th Annual California Mosquito and Vector
Control Association Continuing Education Program in Fullerton,
March 13-14, 1990, with an expense allowance of $59.60.
It was moved by McCormick, seconded by Davis, that
authority be granted to issue warrant to Dan Downing in the amount
of $59.60 for his attendance at the 4th Annual California Mosquito
and Vector Control Association Continuing Education Program in
Fullerton, March 13-14, 1990. Motion carried.
Communication from Louis Rosenkrantz, Police Chief, dated
February 22, 1990, was presented, requesting authority and funds
for Police Sergeant Solomon Benudiz, to attend the POST "Needs
Assessment" Conference in La Mirada, March 22 to 23, 1990, with an
expense allowance of $210.58 of which $194.58 will be reimbursed by
POST.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to Solomon Benudiz in the amount of
$210.58 for his attendance at the POST Needs Assessment Conference
in La Mirada, March 22 to 23, 1990. Motion carried.
Communication from Lewis Adams, Director of Water &
Power, dated February 26, 1990, was presented, requesting authority
and funds for Edward LeBlanc, Principal Electrical Engineer, to
attend a meeting of the General Orders 95/128 Rules Committee in
San Diego, March 20-21, 1990, with an expense allowance of $162.50.
It was moved McCormick, seconded by Gonzales, that
authority be granted to issue warrant to Edward LeBlanc in the
amount of $162.50 for his attendance at a meeting of the General
Orders 95/128 Rules Committee in San Diego, March 20-21, 1990.
Motion carried.
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Communication from Norman Michiels, Director of Environ-
mental Health, dated March 1, 1990, was presented, requesting
authority and funds for John Reid, Environmental Specialist, to
to attend the CERA 39th Annual symposium in Monterey, April 11-13,
1990, with an expense allowance of $648.00.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to John Reid in the amount of $648.00
for his attendance at the CERA 39th Annual Symposium in Monterey,
April 11-13, 1990. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated March 1, 1990, was presented, recommending that
the following personnel actions be approved:
MERIT STEP INCREASES
Rebecca Alcoser, Dispatcher, Step 4 in the Police
Department, be granted a merit step increase to Dispatcher, Step 3
with a new monthly salary of $2106, effective March 25, 1990,
based on her satisfactory jOb performance during the past year.
It was moved by McCormick, seconded by Davis, to grant
Rebecca Alcoser a merit step increase to Dispatcher, Step 3,
effective March 25, 1990. Motion carried.
Robert Valenzuela, utility Clerk, Step 9 in the Light &
Power Department, be advanced and reclassified to Engineering Aide
III, Step 6, with a new monthly salary of $1793, effective
February 25, 1990, based on his increased job responsibilities.
It was moved by Ybarra, seconded by Gonzales, to advance
and reclassify Robert Valenzuela to Engineering Aide III, step 6,
effective February 25, 1990. Motion carried.
Audra Hunter, Secretary, Step 8 in the Light & Power
Department, be granted a merit step increase to Secretary, Step 7,
with a new monthly salary of $2106, effective February 25, 1990,
based on her satisfactory job performance since her date of hire.
It was moved by Davis, seconded by Mccormick, to grant
Audra Hunter a merit step increase to Secretary, step 7, effective
February 25, 1990. Motion carried.
Lorenzo Mendoza, Utilityman III, Step 2 in the Water
Department, be granted a merit step increase to utilityman III,
Step 1, with a new monthly salary of $2461 which includes 5%
Longevity Pay, effective March 25, 1990, based on his satisfactory
job performance during the past year.
It was moved by Ybarra, seconded by Davis, to grant
Lorenzo Mendoza a merit step increase to utilityman III, Step 1,
with a new monthly salary of $2461 which includes 5% Longevity Pay,
effective March 25, 1990. Motion carried.
HIRE
Albert De La Cruz be hired as a temporary employee
assigned to the Community Services Department with an hourly wage
of $5.00 effective February 26, 1990.
It was moved by Ybarra, seconded by Davis, to hire Albert
De La Cruz as a temporary employee with an hourly wage of $5.00
effective February 26, 1990. Motion carried.
REIMBURSEMENT
Police Lieutenant William Waxman be reimbursed $286.93
from the Education and Training Appropriation Account for his
satisfactory completion of courses taken at California State
University, Long Beach related to his position with the City.
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It was moved by McCormick, seconded by Ybarra, to
reimburse William Waxman $286.93 from the Education and Training
Appropriation Account. Motion carried.
EMPLOYMENT AGREEMENTS
The 24 Month Employment Agreement between the City of
Vernon and each of the Firefighters (Cadets) listed below be
accepted and ratified effective February 26, 1990:
Michael Rogers
steven Coster
Robert Bishop
Barry Schoolmeester
Darren Simpkins
steven Mrotek
John Doersam
It was moved by McCormick, seconded by Ybarra, that the 24
Month Employment Agreement of each of the above listed Firefighters
(Cadets) be accepted and ratified effective February 26, 1990.
Motion carried.
WARRANT REGISTER NO. 784 covering claims and demands
presented during the period of February 16 thru February 28, 1990,
drawn on the First Interstate Bank totaling $503,231.40, which
includes Demand Nos. 26477 thru 26687 (inclusive); excluding Light
& Power Demands and Void Demands Nos. 26503, 26523 thru 26535 and
26659 (accounting periOd March, 1990), was examined and audited.
It was moved by Davis, seconded by Gonzales, that Warrant
Register No. 784 be approved and payment authorized for claims and
demands totaling $503,231.40 excluding Light and Power Demands.
Motion carried.
WARRANT REGISTER NO.784 covering claims and demands
presented during the period of February 16 thru 28, 1990, drawn on
the First Interstate Bank totaling $3,915,060.47, which includes
Light & Power Demand Nos. as listed below (accounting period
March, 1990), was examined and audited.
26483 26499 26522 26585 26621 26658 26681
26484 26500 26536 26587 26626 26660 26683
26489 26501 26539 26589 26628 26666 26686
26495 26502 26546 26606 26638 26668 26687
26496 26514 26561 26610 26643 26669
26497 26515 26573 26619 26651 26677
26498 26520 26578 26620 26657 26678
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 784 be approved and payment authorized for
claims and demands totaling $3,915,060.47. Motion carried.
Councilman Davis abstained from voting and disqualified himself
because it is reasonably foreseeable that the decision may have a
material financial effect on his source of income.
Consideration of an Economy Energy Agreement with Arizona
Public Service Company.
Consideration of claim of Richard Garcia.
Consideration of the Agreement with Butler Services.
The City Clerk advised that the above three (3) matters
should be deferred to Closed Session later this date.
It was moved by McCormiCk, seconded by Ybarra, that the
Council go into Closed Session the time being 6:20 p.m. Motion
carried.
All persons with the exception of the City Clerk and City
Attorney were excluded from Closed Session.
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At this time the Mayor declared a recess, the time being
6:25 p.m.
The City Council reconvened after the recess to Closed
Session, Personnel, pursuant to Government Code Section 54957, the
time being 6:45 p.m.
All persons present before the recess again being present.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
It was moved by Ybarra, seconded by Davis, that the
council go out of Closed Session and resume regular session, the
time being 6:56 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, that Light
& Power Dispatcher Jeff Coburn be issued one day's suspension
without pay for his misconduct and improper actions taken during
the course of his regular work day. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
Fire Captain Richard Garcia be paid for the balance of his Shifts-
Off and that his last day on the payroll is March 1, 1990. Motion
carried.
It was moved by
Council recess to Closed
suant to Government Code
the time being 7:00 p.m.
McCormick, seconded by Ybarra, that the
Session, Attorney/client Privilege, pur-
Section(s) 54956.9(a) and 54956.9(b) (1),
Motion carried.
All persons with the exception of the City Attorney and
City Clerk 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 7:15
p.m.
Councilman Davis resumed his seat on the Council at 7:55
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 7:55 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.
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ATTEST:
6
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Bruce V. Malkenhorst
City Clerk
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