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19900703 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 3, 1990 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: Malburg (Excused) The meeting was called to order by Mayor Pro Tem Ybarra. It was moved by McCormick, seconded by Davis, that the minutes of the City Council Meeting held June 19, 1990, (deferred from the City Council Meeting held June 26, 1990) be deferred to the next City Council Meeting to be held July 17, 1990. Motion carried. It was moved by McCormick, seconded by Davis, that the minutes of the Adjourned City Council Meeting held June 26, 1990, be deferred to the next City Council Meeting to be held July 17, 1990. Motion carried. At this time, the Mayor Pro Tem presented Five Year Service pins to the following employees: Police Department Sergeant Michael Chavez Light & Power Department Jorge Somoano, Power Resource Planner Martin Sanchez, Diesel Operator Community Services Department Wenceslao Reynoso, Engineering Aide Jaime DeLaRosa, utilityman Tommy ROdriguez, utilityman Mayor Pro Tem Ybarra called a short recess at 5:10 p.m. The Council reconvened in Regular Session, all members before the recess again being present, the time being 5:15 p.m. Police Department Activity Log for the period June 16 thru 30, 1990, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period June 16 thru 30, 1990, be received and filed. Motion carried. Fire Department Activity Report for the period June 16 thru 30, 1990, was presented. It was moved by McCormick, seconded by Davis, that the Fire Department Activity Report for the period June 16 thru 30, 1990, be received and filed. Motion carried. The Mayor Pro Tem 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 Hearings. There was no one present in the audience who wished to address the City Council on any matter listed on the Agenda at this time. It was moved by Gonzales, seconded by Mccormick, to open the Public Hearing to consider an application by Andre Collection, Inc., for a Variance to allow the occupant to utilize a non-conforming truck dock at 4955 Everett Court, the time being 5:17 p.m. Motion carried. 4014 I I City Council Minutes page 2 July 3, 1990 Victor Vaits, Director of community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated June 26, 1990, was presented, advising that Andre Collection, Inc. has requested a Variance from the Comprehensive zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4955 Everett Court and transmitting the following documents: 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 building has a recessed dock with a depth of 26 feet measured from the right-of-way and is 18 feet wide. The company is proposing to use only vehicles of a smaller length at this dock. 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. All vehicles using this dock be limited to 25 feet in length; 2. The owner shall construct frontage improvements along Everett Court, including, but not limited to, new curb, gutter, sidewalk, driveway, asphalt pavement, power pole relocation, and water meter box relocation. All are to be constructed to City of Vernon standards. Councilman Gonzales asked Mr. vaits if this was the only loading dock on this property. Mr. Vaits indicated yes. Councilman Gonzales asked what kind of collection does the company do. Mr. Vaits answered just small items. Councilman Davis asked how wide is the street front. Mr. vaits responded 50 to 60 feet Bruce V. Malkenhorst, City Clerk, asked if that was narrow for that area. Mr. vaits indicated that all the streets in this location are narrow and that is why he is recommending that the length of the docks be limited. Councilman Davis asked what is the extent of traffic between Fruitland and 50th Street. Mr. Vaits responded that there is not much traffic on these cross streets. Councilman Davis asked what is in front of the building and is it presently vacant. Mr. Vaits answered that he is not sure what is there now or if it is presently vacant. Councilman Davis asked how many trucks do they expect a day. 4015 I I City Council Minutes page 3 July 3, 1990 Mr. Vaits responded just a few because the product they ship is rather high value for what they collect. priced for what they collect. Mayor Pro Tem Ybarra asked if there were any question or comments from the audience. No one in the audience had any questions or comments. It was moved by Gonzales, seconded by McCormick, to close the Public Hearing with regard to the request for a Variance from Andre COllection, the time being 5:23 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the communication from the city Clerk, dated June 26, 1990, be received and filed and his recommendation be approved contingent upon the conditions set forth. Motion carried. RESOLUTION NO. 5782 - A Resolution of the City Council of the City of Vernon Granting a Variance to Andre Collection, Inc. from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for Property located at 4955 Everett Court in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolu- tion No. 5782 be approved and adopted. Motion carried. Communication from Ted M. Handel, attorney from the law offices of Ross & Scott, dated June 14, 1990, was presented, regard- ing "Appeal of the Director of Community Services' Determination Con- cerning the Proposed Use of 3030 Atlantic Boulevard, Vernon, under Municipal Code section 7.95." The City Clerk advised that Mr. Handel submitted a communi- cation, dated June 28, 1990, requesting a two-week continuance of the City Council's consideration of the appeal with regard to 3030 Atlantic Boulevard. David B. Brearley, City Attorney, addressed the City Council, and advised that this is an appeal to the 1985 UBC; however, he wrote Mr. Handel a letter advising that the 1988 UBC applies at this time. The City Attorney advises that staff should meet with Mr. Handel and further review this matter and report back to the City Council for further action if necessary. It was moved by McCormick, seconded by Davis, that the communication from Ted M. Handel, dated June 14, 1990, be received and filed. Motion carried. It was moved by Gonzales, seconded by McCormick, that the communication from Ted M. Handel, dated June 28, 1990, be received and filed and that the matter be continued to the next City Council meeting and that this matter be referred back to the Director of Community Services and the City Attorney for further review with a report back to City Council at the next meeting. Motion carried. Communication from Bruce V. Malkenhorst, Director of Per- sonnel, dated June 28, 1990, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held July 2, 1990, 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 July 2, 1990, be approved as indicated. Motion carried. Communication from Victor H. vaits, Director of Community Services, dated June 25, 1990, was presented, advising that Traffic Signal Maintenance Agreement (Contract No. 443) with Signal Mainte- nance,Inc., expires August 31, 1990; however, the contract provides for an extension by mutual agreement under Section 16 of the Special 4016 I I City Council Minutes page 4 July 3, 1990 Provisions. Signal Maintenance would like to continue the contract and has requested a 4.1% increase (which they are eligible for under section 12), and it is hereby recommended that authority be granted to extend the contract with Signal Maintenance, Inc., 2720 E. Regal Park Drive, Anaheim, California 92806, to August 31, 1991 with a 4.1% increase. It was moved by McCormick, seconded by Gonzales, to grant authority to extend the contract with Signal Maintenance, Inc., 2720 E. Regal Park Drive, Anaheim, California 92806, to August 31, 1990 with a 4.1% increase. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated June 27, 1990, was presented, transmitting a resolu- tion which authorizes the Director of Community Services to submit ap- plication for SB 300 Funding, which is a State-Local Transportation Partnership Program. Applications have been submitted for the following projects: 1. The resurfacing of the east roadway of Alameda Street and Downey frontage road; and 2. Resurfacing of portions of the west roadway of Alameda Street, 26th street and Soto Street If these applications are approved by the State, this program will fund approximately 15% of each project submitted, and it is hereby recommended that Resolution No. 5783 be approved and adopted. It was moved by McCormick, seconded by Davis, that the communication from the Director of Community Services, dated June 27, 1990, be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 5783 - A Resolution of the City Council of the City of Vernon Approving Applications for State-Local Transporta- tion Partnership Program Funds, was presented. It was moved by Gonzales, seconded by Davis, that Resolu- tion No. 5783 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 28, 1990, was presented, advising that Individual Products Co. occupies the building at 5333 Downey Road and are planning the pur- chase of the building at 5203 Downey Road. They are requesting a variance from the 1985 Edition of the U.B.C. Section 2003: Exterior Walls, Openings and Partitions. Individual Paper Products Co. is proposing to cut an opening in the adjacent wall of the two buildings and construct an enclosed passageway connecting the two. The dis- tance between the buildings is 20 feet. The company is a wholesale distributor of paper, food and janitorial items and the new property will house their manUfacturing division. If the Variance is granted no additional hazards will be introduced. This has been reviewed by the City Attorney and the Director of Community Services, and 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 roll-up door having a fire assembly with a three-hour fire protection rating. The doors shall have fusible links; 2. Upon any change in occupancy, or change in the nature of Individual Paper Products Company's operation, the openings shall be permanently sealed and the enclosed passageway removed; 3. Proper permits shall be obtained from the city before any improvements are constructed. The enclosed passageway shall be constructed so as not to inhibit any drainage on the site. 4017 I I City Council Minutes page 5 July 3, 1990 victor Vaits, Director of Community services, addressed the City council and briefly summarized this matter. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk, dated June 28, 1990, be received and filed and his recommendation be approved contingent upon the conditions set forth. Motion carried. Communication from Larry Spadt, Fire Chief, dated June 28, 1990, was presented, requesting authority and funds to attend the Western Fire Chiefs' Association Annual Conference in San Jose, August 5 thru 9, 1990, with an expense allowance of $911.00. It was moved by Gonzales, seconded by Davis, that authority be granted to issued warrant to Larry Spadt in the amount of $911 for his attendance at the Western Fire Chiefs' Association Annual Conference in San Jose, August 5 thru 9, 1990. Motion carried. Communication from victor H. vaits, Director of Community Services, dated June 20, 1990, was presented, requesting authority and funds for patricia Salerno, Secretary to the Director of Community Services, to attend the 1990 Secretarial Seminar in Pasadena, July 20, 1990, with an expense allowance of $74.00. It was moved by McCormick, seconded by Gonzales, that authority be granted to issue warrant to Patricia Salerno in the amount of $74.00 for her attendance at the 1990 Secretarial Seminar in Pasadena, July 20, 1990. Motion carried. Communication from Fire Chief Larry Spadt, dated June 20, 1990, was presented, requesting authority and funds for Luz Martinez, Secretary, to attend the 1990 Secretarial Seminar in Pasadena, July 20, 1990, with an expense allowance of $74.00. It was moved by Davis, seconded by Gonzales, that authority be granted to issue warrant to Luz Martinez in the amount of $74.00 for her attendance at the 1990 Secretarial seminar in Pasadena, July 20, 1990. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 27, 1990, was presented, requesting authority and funds to attend the Municipal Treasurers Association Conference in Anaheim, August 21 to 24, 1990, with an expense allowance of $875.00. It was moved by McCormick, seconded by Davis, that authority be granted for the aforementioned city official to attend the Municipal Treasurers Association Conference in Anaheim, August 21 to 24, 1990, with an expense allowance of $875.00. Motion carried. WARRANT REGISTER NO. 792 covering claims and demands presented during the period of July 1 thru 15, 1990, drawn on the First Interstate Bank totaling $410,754.68, which includes demand Nos. 28011 thru 28200 (inclusive); excluding Light & Power Demands and void Demands as listed below (accounting period June, paid in July 1990) was examined and audited: 28038 28039 28045 28049 28050 28047 28048 28046 It was moved by McCormick, seconded by Davis, that Warrant Register No. 792 be approved and payment authorized for claims and demands totaling $410,754.68 excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 792 covering claims and demands presented during the period of July 1 thru 15, 1990, drawn on the First Interstate Bank totaling $3,940,186.06, which includes Light & Power Demand Nos. as listed below, (accounting period June, paid in July 1990) was examined and audited: 4018 I I City Council Minutes July 3, 1990 page 6 28019 28035 28060 28086 28103 28147 28171 28191 28022 28037 28062 28087 28109 28151 28172 28193 28023 28041 28070 28088 28110 28154 28175 28196 28024 28043 28073 28092 28116 28156 28185 28198 28030 28044 28074 28094 28126 28158 28186 28200 28031 28054 28079 28095 28138 28163 28187 28032 28056 28084 28099 28141 28164 28189 It was moved by Gonzales, seconded by Mccormick, that War- rant Register No. 792 be approved and payment authorized for claims and demands totaling $3,940,186.06. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material finan- cial effect on his source of income. Communication from Bruce V. Malkenhorst, City Clerk, dated June 26, 1990, with regard to an Untimely Claim submitted on behalf of Mr. Luis A. Lopez. It was moved by McCormick, seconded by Davis, that the matter of the Untimely Claim submitted on behalf of Mr. Luis A. Lopez, be deferred to Closed Session. Motion carried. At this time, 5:45 p.m., the Mayor Pro Tem called a short recess. The Council reconvened in regular session at 5:49 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Gonzales, that the Council go into Closed Session Attorney/Client privilege pursuant to Government Code Section(s) 54956.9(a) 54956.9(b) (1). Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. The Mayor Pro tem ordered all communications to and from Closed Session deemed privileged and confidential. Councilman Davis was excused at 6:10 p.m. Councilman Davis resumed his seat on the Council at 6:30 p.m. It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 6:40 p.m. Motion carried. There being no further business to come before the Council it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. ~"4" q r/th1-fY6i Thomas A. Yarra Mayor Pro tem ATTEST: o. ~/,_J ~/? tY/'1V~/~l .... g Bruce V. Malkenhorst City Clerk 4019