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