19910521 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD MAY 21, 1991
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, Davis, Mccormick, Gonzales
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Gonzales, seconded by Davis, that the
minutes of the City Council Meeting held May 7, 1991, 1991, be
approved as submitted and adopted. Motion carried.
Mayor Malburg presented Councilman William Davis with a
Service pin for his ten years of service to the City.
Police Department Activity Log for the period May 1 thru
15, 1991, was presented.
It was moved by McCormick, seconded by Gonzales, that the
Police Department Activity Log for the period May 1 thru 15, 1991,
be received and filed. Motion carried.
Fire Department Activity Report for the period May 1 thru
15, 1991, was presented.
It was moved by Ybarra, seconded by Davis, that the Fire
Department Activity Report for the period May 1 thru 15, 1991, be
received and filed. Motion carried.
Health Department Report for the month of April, 1991, was
presented.
It was moved by McCormick, seconded by Ybarra, that the
Health Department Report for the month of April, 1991, be received
and filed. Motion carried.
Risk Management Report for the month of April, 1991, was
presented.
It was moved by Gonzales, seconded by Davis, that the Risk
Management Report for the month of April, 1991, 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
the Agenda other than with regard to any Public Hearings that may be
listed.
No one in the audience wished to address the city Council
on any matter on the Agenda at this time.
At 5:00 p.m., it was moved by Ybarra, seconded by
McCormick, to open the Public Hearing to consider a request from
Royal Manufacturers for a Variance to allow the occupant to utilize
non-conforming truck docks at property located at 2726 Fruitland
Avenue, Vernon, California. Motion carried.
victor Vaits, Director of Community services, addressed
the City Council and briefly summarized this matter.
Communication from Bruce V. Malkenhorst, City Clerk, dated
May 14, 1991, was presented, advising that Royal Manufacturers has
requested a Variance from the Comprehensive zoning Ordinance, section
26.4.2-8, Development Standards, for the building located at 2726
Fruitland Avenue, and transmitting the following evidence:
1. Application for a Variance
2. Notice of Public Hearing
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City Council Minutes
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May 21, 1991
3. Affidavit of posting and mailing
4. Property owners list statement, property owners list
and 300 foot radius map
5. Engineer's Report
The building has three docks, each 12 feet wide, measuring 52.5 feet
from the street right-of way. They are proposing to use only vehicles
of a smaller length at these docks. This has been reviewed by the
City Attorney and it is hereby recommended that the variance be
granted contingent upon the following "Conditions:"
1. The usage of the loading spaces shall be limited
to vehicles with a maximum length of 28 feet;
and
2. The remaining 34.5 feet next to the street right-of-way
shall be reserved for access and maneuvering. All
vehicle maneuvering and truck turnaround shall be
performed on site with no maneuvering or backing up
allowed on the public street.
The Mayor asked the Councilmembers if there were any ques-
tions.
Councilman McCormick asked Mr. vaits what the company man-
ufactured.
Mr. vaits stated that they manufactured kitchen ware (pots
and pans) .
The Mayor asked if anyone in the audience wished to ad-
dress the City Council on this matter.
No one wished to address the Council at this time.
It was moved by Gonzales, seconded by McCormick, to close
the Public Hearing with regard to a Variance request from Royal Manu-
facturers, the time being 5:08 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the com-
munication from the City Clerk dated May 14, 1991 and all evidence
submitted therewith be received and filed; and that the Variance be
granted contingent upon the aforementioned "Conditions" (Items 1 and
2). Motion carried.
RESOLUTION NO. 5927 - A Resolution of the city Council of
the City of Vernon Granting a Variance to Royal Manufacturers from
section 26.4.2-8, Development Standards, of the Comprehensive Zoning
ordinance, for Property Located at 2726 Fruitland Avenue in the City
of Vernon, was presented.
It was moved by McCormick, seconded by Ybarra, that Reso-
lution No. 5927 be approved and adopted. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
May 3, 1991, was presented, requesting authority and funds for Dis-
patcher Veronica Enriquez to attend the Complaint Dispatcher Course
at Rio Hondo College, June 11-22, 1991, with an expense allowance of
$273 which will be reimbursed by POST.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Dispatcher Veronica Enriquez to attend the
Complaint Dispatcher Course at Rio Hondo college, June 11-22, 1991,
with an expense allowance of $273. Motion carried.
communication from Police Chief Louis Rosenkrantz, dated
May 7, 1991, was presented, requesting authority and funds for
captain James Mason to attend the Management Update Course in San
Simeon, California, June 5-7, 1991, with an expense allowance of
$758.64 of which $559.64 will be reimbursed by POST. 4296,
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May 21, 1991
It was moved by Davis, seconded by McCormick, that
authority be granted for Captain James Mason to attend the Management
Update Course in San Simeon, California, June 5-7, 1991, with an
expense allowance of $758.64. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
May 9, 1991, was presented, transmitting a written safety Program, as
required by SB198, which has been reviewed by the Risk Manager and
City Attorney, and recommending that said program be approved.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated May 9, 1991 be received and
filed; and that his recommendation be approved. Motion carried.
RESOLUTION NO. 5925 - A Resolution of the City Council of
the City of Vernon Approving the City of Vernon Safety Program, April,
1991, was presented.
It was moved by McCormick, seconded by Davis, that Reso-
lution No. 5925 be approved and adopted. Motion carried.
Communication from Norman Michiels, Director of Environ-
mental Health, dated May 13, 1991, was presented, requesting
authority and funds for Lewis Pozzebon, Chief Deputy Director of
Environmental Health, to attend the Environmental Bioremediation
Seminar in Buena Park, June 12, 1991, with an expense allowance of
$150.50.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Lewis Pozzebon to attend the Environmental
Bioremediation Seminar in Buena Park, June 12, 1991, with an expense
allowance of $150.50. Motion carried.
Communication from Bruce V. Malkenhorst, city Clerk, dated
May 13, 1991, was presented, requesting authority and funds for
himself and Mayor Pro Tem Thomas Ybarra to attend the Independent
cities Association 31st Annual Seminar in San Diego, June 26-30,
1991, with an expense allowance of $853 each.
It was moved by Davis, seconded by McCormick, that
authority be granted for the aforementioned city officials to attend
the Independent cities Association 31st Annual Seminar in San Diego,
June 26-30, 1991, with an expense allowance of $853 each.
Communication from Bruce V. Malkenhorst, City Clerk, dated
May 13, 1991, was presented, requesting authority and funds for Mayor
Leonis Malburg and Councilmen william McCormick, William Davis and
Hilario Gonzales to attend the Independent cities Association 31st
Annual Seminar in San Diego, June 26-30, 1991, with an expense
allowance of $1377 each.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for the aforementioned City officials to attend
the Independent cities Association 31st Annual Seminar in San Diego,
June 26-30, 1991 with an expense allowance of $1377 each. Motion
carried.
Communication from victor H. vaits, Director of Community
Services, dated May 14, 1991, was presented, transmitting a fully
executed Grant Deed from Euclid Steel Fabricating Company, Inc. for a
piece of land (approximately 295 square feet) located at the north-
east corner of Fruitland and Boyle Avenues to be used for street
purposes. It is hereby recommended that the Grant Deed be accepted
and the certificate of Acceptance be approved and executed.
It was moved by McCormick, seconded by Ybarra, that the
communication from the Director of Community Services dated May 14,
1991 be received and filed; that the Grant Deed be accepted; and that
the certificate of Acceptance be approved and executed. Motion
carried.
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May 21, 1991
Communication from Kenneth J. DeDario, Director of Light
and Power, dated May 14, 1991, was presented, requesting authority
and funds for Audra Hunter, Secretary, and Patrick Keye, utility
Clerk, to attend the Executrain Lotus 1-2-3 Beginning Spreadsheet
Workshop in Los Angeles, June 5, 1991, with an expense allowance of
$208 each.
It was moved by Gonzales, seconded by Davis, that
authority be granted for Audra Hunter and Patrick Keye to attend the
Executrain Lotus 1-2-3 Beginning Spreadsheet Workshop in Los Angeles,
June 5, 1991, with an expense allowance of $208 each. Motion
carried.
Communication from Bruce V. Malkenhorst, city Clerk, dated
May 15, 1991, was presented, advising that Domtar Gypsum has indi-
cated that they are willing to lease 500 acre-feet of their water
rights for the 1991-1992 year to the City of Vernon for 93% of the
exchange pool rate. This has been reviewed by the Director of Commu-
nity Services, and it is hereby recommended that the City Council
accept their offer and that authority be granted for the Director of
Community Services to advise Domtar Gypsum of the City'S willingness
to enter into a Water Right License Agreement based on the estimate
of the cost for said Water Rights.
It was moved by Gonzales, seconded by McCormick, that the
communication from the City Clerk dated May 15, 1991, be received and
filed; and that authority be granted for the Director of Community
Services to notify Domtar Gypsum of the City's willingness to enter
into a Water Right License Agreement. Motion carried.
Communication from Norman Michiels, Director of Environ-
mental Health, dated May 16, 1991, was presented, advising that in
compliance with section 459 of the Health and safety Code, the City
of Vernon jail was inspected April 22, 1991, and transmitting an
inspection report which shows that the facility complies with stan-
dards and requirements prescribed by the Board of Corrections
regarding sanitary conditions.
It was moved by Gonzales, seconded by Davis, that the com-
munication and inspection report from the Director of Environmental
Health dated May 16, 1991, be received and filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
May 16, 1991, was presented, transmitting Health and Environmental
Control Regulations for Operation of Garment Manufacturing Establish-
ments as prepared by the Director of Environmental Health, and recom-
mending that an ordinance be adopted which adds Environmental Control
Regulations for operation of garment manufacturing establishments and
amends certain sections of Chapter 13 of the Code of the City of
Vernon.
It was moved by Ybarra, seconded by McCormick, that the
communication from the City Clerk dated May 16, 1991 be received and
filed; and that his recommendation be approved. Motion carried.
ORDINANCE NO. 996 - An Ordinance of the City Council of the
City of Vernon Amending the Code of the City of Vernon, California
1959 By Amending Chapter 13, Article I, section 13.2; Article II,
sections 13.6, 13.7 and 13.22; and by Repealing Chapter 13, Article
II, sections 13.12, 13.17 and 13.18 and By Adding New sections 13.17
and 13.18 Dealing with Health and sanitation, was read by title for a
First Reading.
It was moved by McCormick, seconded by Davis, that
Ordinance No. 996 be approved for a First Reading. Motion carried.
communication from Bruce V. Malkenhorst, city Clerk, dated
May 16, 1991, was presented, advising that the Director of Environ-
mental Health submitted information with regard to section 25.39 of
the Vernon City Code (Drinking Fountain Requirements). Based on the
information submitt~~, it is hereby recommended that said section be
amended as providedr~n the following ordinance. ~208
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May 21, 1991
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated May 16, 1991, be received and
filed; and that his recommendation be approved. Motion carried.
ORDINANCE NO. 997 - An Ordinance of the City Council of
the City of Vernon Amending the Code of the City of Vernon,
California 1959 by Amending section 25.39 Relating to Drinking Foun-
tain Requirements, was read by title for a First Reading.
It was moved by McCormick, seconded by Davis, that
Ordinance No. 997 be approved for a First Reading. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 16, 1991, was presented, transmitting the minutes
of the Adjourned Regular Finance Committee Meeting held May 13, 1991,
for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by Davis, that the
minutes of the Adjourned Regular Finance Committee Meeting held May
13, 1991, be approved as submitted. Motion carried.
RESOLUTION NO. 5924 - A Resolution of the city council of
the City of Vernon Establishing the Rates for the Sale of Water in the
City of Vernon in Accordance with the Vernon City Code and Repealing
Resolution No. 5861, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 5924 be approved and adopted. Motion carried.
RESOLUTION NO. 5926 - A Resolution of the City Council of
the City of Vernon Authorizing the Sale of surplus Property from the
Community Services Department Pursuant to section 2.31 of the Vernon
City Code, was presented.
It was moved by Davis, seconded by McCormick, that Resolu-
tion No. 5926 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 16, 1991, was presented, transmitting the Agenda
for the Adjourned Finance Committee Meeting to be held May 20, 1991,
for approval of the recommendations contained therein.
It was moved by Davis, seconded by McCormick, that the
recommendations listed on the Agenda for the Adjourned Finance Com-
mittee Meeting held May 20, 1991, be approved as submitted. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated May 16, 1991, was presented, transmitting the Agenda
for the Personnel Committee Meeting to be held May 20, 1991, for
approval of the recommendations contained therein.
It was moved by Ybarra, seconded by Gonzales, that the
recommendations listed on the Agenda for the Personnel Committee
Meeting held May 20, 1991, be approved as submitted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
May 16, 1991, was presented, advising that BW/IP International, Inc.
has requested an extension of their permit for a temporary office
trailer at 2300 East Vernon Avenue. The facility to replace the
trailer is still under construction, and it is hereby recommended
that the extension be granted to August 1991.
It was moved by Gonzales, seconded by Ybarra, that the
permit for BW/IP International, Inc., for a temporary office trailer,
be extended to August 1991. Motion carried.
WARRANT REGISTER NO. 814 covering claims and demands pre-
sented during the period of May 3 thru 16, 1991, drawn on the First
Interstate Bank totaling $186,708.84, which includes Demand Nos. 32354
thru 32569 (inclusive), excluding Light & Power Demands and void
Demand Nos. 32372 and 32403 thru 32406 (inclusive), (accounting
period May, 1991) was examined and audited. 4209
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May 21, 1991
It was moved by Davis, seconded by Mccormick, that Warrant
Register No. 814 be approved and payment authorized for claims and
demands totaling $186,708.84, excluding Light & Power Demands.
Motion carried.
WARRANT REGISTER NO. 814 covering claims and demands
presented during the period of May 3 thru 16, 1991, drawn on the First
Interstate Bank totaling $504,396.78, which includes Light & Power
Demand Nos. as listed below (accounting period May, 1991) was
examined and audited:
I 32356 32390 32419 32455 32477 32500 32535 32559
32363 32391 32426 32457 32478 32505 32539 32560
32365 32392 32427 32460 32480 32510 32540 32563
32366 32395 32435 32468 32483 32512 32541 32565
32367 32400 32436 32470 32484 32521 32542 32568
32381 32410 32451 32472 32492 32530 32543
32389 32417 32453 32476 32494 32534 32558
It was moved by Ybarra, seconded by Gonzales, that Warrant
Register No. 814 be approved and payment authorized for claims and
demands totaling $504,396.78. Motion carried. Councilman Davis
abstained from voting and disqualified himself because it is reason-
ably foreseeable that the decision may have a material financial
effect on his source of income.
PAYROLL WARRANT REGISTER NO. 416 covering claims and
demands presented during the period of March 10 thru April 6, 1991,
drawn on the First Interstate Bank totaling $1,344,174.08 which
includes Demand Nos. 6089 thru 6119 (inclusive), (accounting period
April, 1991) was examined and audited.
It was moved by McCormick, seconded by Ybarra, that
Payroll warrant Register No. 416 be approved and payment authorized
for claims and demands totaling $1,344,174.08. Motion carried.
The Mayor declared a recess, the time being 5:32 p.m.
The City Council reconvened in regular session at 5:40 p.m.
All members present before the recess again being present.
Consideration of determination of Disability Retirement for
Andrew Beltowski.
RESOLUTION NO. 5928 - A Resolution of the City Council of
the City of Vernon Determining the Industrial Disability Retirement
of Andrew Beltowski, A Local Safety Member, Employed by the City of
Vernon (Government Code sections 21024 and 21025).
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It was moved by McCormick, seconded by Ybarra, that the
Council recess to Closed Session pursuant to Government Code section
54957, the time being 5:41 p.m. Motion carried.
All persons with the exception of the Chief of POlice,
Police Captain, City Clerk and City Attorney were excluded from
Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
The Chief of Police and Police Captain were excused from
Closed Session at 5:55 p.m.
It was moved by Gonzales, seconded by Ybarra, that the
Council go out of Closed Session and resume regular session, the time
being 5:56 p.m. Motion carried.
It was moved by Ybarra, seconded by McCormick, that the
Council go into Closed Session Attorney/Client privilege pursuant to
Government Code Section(s), the time being 5:57 p.m. Motion carried.
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May 21, 1991
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 at 6:05 p.m.
Councilman Davis resumed his seat on the Council at 6:26
p.m.
It was moved by Ybarra, seconded by McCormick, that the
Council go out of Closed Session and resume regular session. Motion
carried.
There being no further business to come before the Council
at this time it was moved by McCormick, seconded by Gonzales, that
the meeting adjourn. Motion carried.
ATTEST:
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~_onis C. Ma~, Mayor
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Bruce V. Malkenhorst,
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