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19920804 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 4, 1992 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, Davis, Gonzales MEMBERS ABSENT: None 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 July 21, 1992, be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period July 16 thru 31, 1992, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period July 16 thru 31, 1992, be received and filed. Motion carried. Fire Department Activity Report for the period July 16 thru 31, 1992, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period July 16 thru 31, 1992, be received and filed. Motion carried. RESOLUTION NO. 6144 - A Resolution of the City Council of the City of Vernon Commending James C. Raabe for His Many Years of Service to the City of Vernon was read in its entirety by the City Clerk. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6144 be approved and adopted and that it be executed and presented to Mr. Raabe who was in attendance at the meeting. Motion carried. The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:20 p.m., all members present before the recess again being present. The City Clerk advised that this was the time for anyone in the audience to address the Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. There was no one in the audience who wished to address the City Council at this time. It was moved by Ybarra, seconded by Davis, to open the Public Hearing to consider a request from Tristar Sales for a Variance to allow the owner to utilize two non-conforming truck docks at 2535 28th Street, the time being 5:22 p.m. 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 July 23, 1992, was presented, advising that Tristar Sales has requested a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 2535 28th Street, and transmitting the following evidence: 4483 I I City Council Minutes page 2 August 4, 1992 1. Application for Variance; 2. Affidavit of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has one conforming dock and two non-conforming docks, both of which measure 9.8 feet wide by 32.2 feet long. The company will use only vehicles of smaller lengths at the non- conforming docks. This has been reviewed by the Director of Community Services and it is hereby recommended that the Variance be granted contingent upon the following Condition: 1. Usage of the two 9.8 feet wide by 32.2 feet long loading spaces shall be limited to vehicles with a maximum length of 32.0 feet. The Mayor asked if there was anyone in audience who had any questions. Mr. Edward Reynolds, owner of the building, asked to address the Council and was concerned with the property as the address should be 2501 E. 27th Street. After further deliberation between the Director of Community Services and Mr. Reynolds it was determined that Mr. Reynolds had confused his property located at 2501 E. 27th street with the property located at 2535 28th street. It was moved by Gonzales, seconded by Davis, to close the Public Hearing with regard to a request from Tristar Sales for a Variance, the time being 5:32 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated July 23, 1992, and all supporting documents be received and filed, and that the Variance be granted to Tristar Sales contingent upon the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6141 - A Resolution of the City Council of the City of Vernon Granting a Variance to Tristar Sales from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the property located at 2535 28th Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6141 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by MCCormick, to open the Public Hearing to consider a request from ATE Management & Service Co., Inc. for a Conditional Use Permit to allow the applicant to operate a truck terminal at 2921 Leonis Boulevard, the time being 5:33 p.m. Motion carried. victor Vaits, Director of Community Services, addressed the City Council and briefly summarized his communication dated July 30, 1992. Communication from Victor H. Vaits, Director of Community Services, dated July 30, 1992, advising that ATE Management & Service, Co., Inc. has applied for a Conditional Use Permit to operate a truck terminal at 2921 Leonis Boulevard, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the permit; 4482 I I City Council Minutes page 3 August 4, 1992 2. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing; 3. Engineer's Report. The operation of ATE Management & Service Co., Inc. was found to be categorically exempt from the California Environmental Quality Act process, since they will be using an existing truck terminal and the facility is not being expanded. It is the opinion of the Director of Community Services that the proposed operation will pose no adverse effects to the City of Vernon and will not have a significant effect on the environment, and no mitigating measures are required. It is recommended that the following Conditions be required upon the adoption of the Conditional Use Permit: a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules, regulations and subject to permit fees as adopted by the City of Vernon. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. Prior to occupancy a business license and occupancy permit shall be obtained. All operations, including bus, truck trailer and employee parking for the entire Ryder facility shall be limited to the lots located at 2921-2957 Leonis Boulevard. b. Any hazardous substances used, handled or stored shall have prior approval from the Vernon Fire and Health Departments. A Health Permit shall be obtained if there are reportable quantities of hazardous materials on the site. c. The number of employee parking spaces required per Vernon City Code shall be provided and maintained. d. 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, and weeds. e. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. f. Obtain all required permits from the Los Angeles County Sanitation District, and all federal, state and regulatory agencies prior to operation. If required, a National Pollutant Discharge Elimination System permit shall be obtained from the California State Board of Water Resources. g. All cracked sidewalk in Leonis Boulevard adjacent to the 2921-2957 Leonis Boulevard property shall be repaired to City standards. Guard posts shall be constructed at the ends of all driveways. h. Where parking areas for the 2921-2957 Leonis Boulevard property adjoin a public street, a masonry wall not less than 30 inches in height, or landscaped area a minimum of 4 feet in width, measured from the property lines shall be established along such frontage, except at drive- ways, walkways or where other openings are necessary. 4481 I I City Council Minutes page 4 August 4, 1992 i. Detailed plans shall be submitted to the Community Services Department of the City of Vernon and permits obtained prior to any demolition or construction. This has been reviewed by the City Attorney and it is hereby recommended that the following actions be taken: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process; 2. A Notice of Exemption be filed with the County Clerk; and. 3. The Conditional Use Permit be granted to ATE Management & Service Co., Inc. contingent upon the aforementioned Conditions "a" thru "i". At 5:40 p.m., the Mayor excused himself and took a seat in the audience as it was determined that he had an interest in this property, and would abstain from discussing, voting or taking any action on this matter. Mayor Pro Tern Ybarra commenced to Chair the meeting. The Mayor Pro Tern asked if there were any questions. There were no questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing with regard to the request for a Conditional Use Permit from ATE Management & Service, Co., Inc., the time being 5:41 p.m. Motion carried. It was moved by MCCormick, seconded by Davis, that the communication from the Director of Community services dated July 30, 1992 and all supporting documents be received and filed. Motion carried. It was moved by McCormick, seconded by Gonzales, that the following actions be taken. Motion carried. 1. The City Council finds that the proposed use is categorically exempt from the California Environmental Quality Act Process; 2. A Notice of Exemption be filed with the County Clerk; 3. The Conditional Use Permit be granted to ATE Management & Service Co., Inc., contingent upon the aforementioned Conditions "a" thru "i". RESOLUTION NO. 6140 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to ATE Management & Service Co., Inc. for the Operation of a Truck Terminal at 2921-2957 Leonis Boulevard, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6140 be approved and adopted. Motion carried. At 5:42 p.m., Mayor Malburg resumed his seat on the Council and commenced to Chair the remainder of the meeting. Communication from victor H. Vaits, Director of Community Services, dated July 21, 1992, was presented, advising that the Traffic Signal Maintenance Agreement (Contract No. 443) with Signal Maintenance, Inc., expires August 31, 1992. This contract may be extended by mutual agreement under Section 16 of 4480 I I City council Minutes page 5 August 4, 1992 the Special Provisions, and Signal Maintenance would like to continue under the present contract with no increase in fees. This has been reviewed by the City Attorney, and it is hereby recommended that approval be granted to extend said Contract to August 31, 1993. It was moved by Ybarra, seconded by Mccormick, that the communication from the Director of Community Services dated July 21, 1992 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6145 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a One-Year Extension of Contract No. 443 By and Between the City of Vernon and Signal Maintenance, Inc., was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6145 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated July 21, 1992, was presented, requesting authority and funds for Sgt. Robert Fa1detta and Officer Nathan Allen to attend Laser Firearms Training at Biscaluiz Center, August 18, 1992, with an expense allowance of $106.16 each which will be reimbursed by POST. It was moved by McCormiCk, seconded by Ybarra, that authority be granted for Sgt. Robert Faldetta and Officer Nathan Allen to attend the Laser Firearms Training at Bisca1uiz Center, August 18, 1992, with an expense allowance of $106.16. Motion carried. Communication from victor Vaits, Director of Community Services, dated July 22, 1992, was presented, requesting authority and funds for Engineering Technician Mary Frances Rutz to attend a "Storm Drain Design" Course in Los Angeles, September 11-12, 1992, with an expense allowance of $217.14. It was moved by Davis, seconded by Gonzales, that authority be granted for Mary Frances Rutz to attend a "Storm Drain Design" Course in Los Angeles, September 11-12, 1992, with an expense allowance of $217.14. Motion carried. Communication from Bruce V. Ma1kenhorst, City Clerk, dated July 28, 1992, was presented, transmitting a Water Right License and Agreement with Domtar Gypsum for the rights to extract 500 acre-feet of water at a cost of $148.80 per acre-foot or $74,400. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that said agreement be approved and executed. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated July 28, 1992, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6143 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License and Agreement By and Between the City of Vernon and Domtar Gypsum Which Grants the City of Vernon a License to Extract 500 Acre-Feet of Domtar Gypsum's Allowed Pumping Allocation for the Period July 1, 1992 through June 30, 1993, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6143 be approved and adopted. Motion carried. 4479 I I City Council Minutes page 6 August 4, 1992 Communication from victor H. Vaits, Director of Community Services, dated July 29, 1992, was presented, advising that Contract No. 512, Resurfacing of certain Streets, has been completed. The total contract amount was $306,953.94 and a final partial payment of $226,071.42 is now due. The remaining ten percent, $30,695.39, is payable thirty-five days after acceptance. This has been reviewed by the City Attorney, and it is hereby recommended that the work be accepted'and authority be granted to pay the contractor, Silvia Construction, Inc., 2209 Arrow Rte., Upland, California 91786, in accordance with the agreement. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of community Services dated July 29, 1992, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6136 - A Resolution of the City Council of the City of Vernon Accepting the Work of Silvia construction, Inc., for Resurfacing of certain Streets in Accordance with Contract No. 512 of the city of Vernon, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6136 be approved and adopted. Motion carried. Communication from Bruce V. Ma1kenhorst, City Clerk, dated July 30, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held August 3, 1992, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held August 3, 1992, be approved as submitted. Motion carried. RESOLUTION NO. 6142 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6122 Establishing a General Government Appropriations Limit for the Fiscal Year Ending June 30, 1993 Pursuant to Government Code Section 7910, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6142 be approved and adopted. Motion carried. WARRANT REGISTER NO. 844 covering claims and demands presented during the period of July 17 thru 30, 1992, drawn on the First Interstate Bank totaling $316,380.72, which includes Demand Nos. 38204 thru 38376 (inClusive), excluding Light & Power Demands and Void Demand Nos. 38212 and 38248 thru 38257 (inclusive) (accounting period August, 1992) was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 844 be approved and payment authorized for claims and demands totaling $316,380.72, excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 844 covering claims and demands presented during the period of July 17 thru 30, 1992, drawn on the First Interstate Bank totaling $824,371.34, which includes Light & Power Demand Nos. as listed below (accounting period August, 1992) was examined and audited: 38206 38207 38208 38214 38313 38331 38340 38357 38363 38366 38376 38225 38226 38230 38231 38232 38233 38237 38244 38265 38269 38279 39283 38285 38287 38290 38298 38245 38247 38258 38259 4478 I I City Council Minutes page 7 August 4, 1992 It was moved by Ybarra, seconded by Mccormick, that Warrant Register No. 844 be approved and payment authorized for claims and demands totaling $824,371.34. 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 Ordinance to establish Franchise conditions for public utilities. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. ORDINANCE NO. 1008 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California 1959 by Adding New Chapter lOA Relating to Gas Franchises was read by title for a First Reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1008 be approved for a First Reading. Motion carried. The Mayor called a recess at 6:30 p.m. The Council reconvened in regular session at 6:31 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 6:31 p.m. Motion carried. All persons with the'exception of the City Clerk, City Attorney and the Police Chief were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:36 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the recommendation of the Personnel Committee at their August 3, 1992 meeting, regarding disciplinary action of Officer David Cheng be approved and that he be issued a written reprimand for violating Section 400.42 of the Vernon Police Department's Manual of POlicy, Ethics and Procedures. Motion carried. It was moved by Ybarra, seconded by Gonzales, 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 6:37 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. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session the time being 6:50 p.m. Motion carried. It was moved by Davis, seconded by Gonzales, that the City Attorney be authorized on behalf of the City of Vernon to join in the amicus brief prepared by Robert Wolfe, Esq., supporting the City of Santa Rosa's Petition for Writ of certiorari in the case of Steen v. Thompson. et a1. Motion carried. 4477 I I City Council Minutes page 8 August 4, 1992 It was moved by McCormick, seconded by Ybarra, that the City Attorney be authorized on behalf of the City of Vernon to support the petition of the City of Pa1mda1e in its Petition for Review/Request for Decertification in the case of Roberts v. city of Pa1mda1e, No. B063688. Motion carried. There being no further business to come before the Council at this time it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. '/// I ~~~~~~~-u;~ < ~ Leonis C. Mal rg, Mayor ATTEST: ~k ~ Bruce V. Ma1kenhorst City Clerk -;' .I .f:.. : c, -. t: '-1: 4476