19920922 Regular City Council Meeting - Minutes
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MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD SEPTEMBER 22,
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 Davis, that the
minutes of the City Council Meeting held August 18, 1992, be
approved as submitted and adopted. Motion carried.
It was moved by Gonzales, seconded by McCormick, that
the minutes of the City Council Meeting held September 1, 1992, be
approved as submitted and adopted. Motion carried.
The City Clerk read the names of the employees who had
achieved perfect attendance and the Mayor presented award brochures
to the following personnel in the Light and Power Department and
extended congratulations on behalf of the City Council.
Kenneth DeDario, Director of Light and Power - 2 years
Edward LeBlanc, Electrical Engineering Manager - 4 years
Kenneth DeDario accepted a 4 year and 6 year perfect attendance
award on behalf of Water & Power Dispatcher Jeff Roland and Chief
Water & Power Dispatcher Manuel Garcia, who were unable to attend
the meeting.
Fire Chief Larry Spadt accepted a 2 year service award on behalf of
Fire Captain Larry Weaver who was also unable to attend the meet-
ing.
Police Department Activity Log for the period September
1 thru 15, 1992, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period September 1 thru 15,
1992, be received and filed. Motion carried.
Fire Department Activity Report for the period Septem-
ber 1 thru 15, 1992 was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Log for the period September 1 thru 15,
1992, be received and filed. Motion carried.
Health Department Report for the month of August, 1992,
was presented.
It was moved by Davis, seconded by Ybarra, that the
Health Department Report for the month of August, 1992, be received
and filed. Motion carried.
Risk Management Report for the month of August, 1992,
was presented.
It was moved by Gonzales, seconded by McCormick, that
the Risk Management Report for the month of August, 1992, be
received and filed. Motion carried.
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.
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City Council Minutes
page 2
September 22, 1992
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 Hearing 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 Gonzales, seconded by McCormick, to
open the Public Hearing to consider request from Holly Decorations,
Inc. for a Variance to allow the owner to utilize two non-conform-
ing truck docks at property located at 2501 27th Street. (Contin-
ued from City Council Meeting held September 1, 1992.)
Victor Vaits, Director of community Services, addressed
the City Council and summarized staff's communications submitted
herein. Mr. Vaits stated that upon further review and consider-
ation of all circumstances surrounding Holly Decorations' variance
application (including their Temporary Occupancy Permit issued in
May of this year), he is recommending the Variance be denied and
that the owner of the property, Mr. Reynolds, provide the City with
a letter of credit or performance bond in the amount of 25 thousand
dollars to ensure that all necessary work required pursuant to the
Temporay Occupancy Permit be completed within a time certain
certain otherwise the Temporary Occupancy Permit should be
cancelled on five (5) dyas notice.
The Mayor asked if there was anyone in the audience who
wished to address the Council on this matter?
Mr. Ed Reynolds property owner (2501 27th street)
appeared and presented information to the Council.
Mr. Reynolds stated that he was originally told that he
had until January or March of 1993, to complete the work, and that
to have it done sooner would be a serious hardship on the present
tenant (sub-sub tenant Holly Decorations). He stated that he does
not feel that it is necessary to do this work now as it is a dead-
end street and they are not a major street. The only traffic that
occurs is in the early morning or late afternoon, or occasionally
when trucks enter the street by mistake but they turn and leave as
soon as possible. Aside from that Mr. Reynolds stated that he
personally will get the work done between January & March 1993. He
stated that he had ordered the engineering work and submitted to
the City Council the following letter that relays his intentions.
Mr. Reynolds advised that when the building was constructed it was
in conformance with the city's requirements and that he didn't feel
it was necessary or fair to ask that this work be done now instead
of working with him and allowing him to complete it to the city's
satisfaction early next year. He stated that the costs are
estimated to be about thirty thousand dollars and the city's asking
for a performance bond in the current economical climate is unjust.
David Brearley, City Attorney asked Mr. Reynolds if he
was aware that a representative of Holly Decorations originally
signed a statement acknowledging that they intended to correct the
deficiencies that were noted when they first received the Temporary
Occupancy Permit. They (Holly) have been in the building since May
of this year under the representation that they would remove or
recess the docks within the specified time frame and they have not
done so as yet.
Mr. Reynolds advised that Holly is a sub-sub tenant and
it was not possible to complete this project due to the expense.
He now has an electrical contractor that is going to proceed with
the other requirements.
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City Council Minutes
page 3
September 22, 1992
David Brearley, City Attorney, Mr. Reynolds you don't
seem to understand that your tenant or sub-sub tenant has not
complied with the requirements of the Temporary Occupancy Permit
issued four months ago.
Mr. Reynolds, advised that they have corrected the
sprinkler system and the electrical work is going to be done soon
which only leaves the docks. They have done most of the work but
it has not all been completed. He stated he became aware of this
in June and it did not seem that it was urgent at the time. He was
hoping that the present tenant (Holly Decorations) could complete
their "rush" season before having to complete the required work to
avoid interrupting their business.
David Brearley, City Attorney advised that the City
issues Temporary Occupancy Permits on the condition that any
deficiencies in the building are corrected in the time allotted.
Someone from that Company signed a statement acknowledging and
accepting the conditions of the temporary occupancy permit and the
time frame that was set forth to complete the work.
Mr. Reynolds advised that person no longer works
there. He continued on with the present economic market situation
being tight and that if the work is continued at this time it will
infringe on the production of work by his sub-sub tenant. He also
stated that it just doesn't appear that it is necessary or urgent
that this work be completed at this specific time and reminded the
Council that by his letter submitted earlier today he has laid out
his promise to complete the work early next year.
The City Attorney again advised that the city had
already received a signed statement acknowledging and accepting the
conditions of the temporary permit. The permittee was given 30
days and the work was not completed.
Mr. Reynolds asserted that other local businesses
caused some of the congestion and that no one is asking them to
correct their site and further stated that he did not know that
there was a new ordinance and that they have always been in confor-
mance and that he was never told of any new ordinance. He said
that they have taken care of as much as possible and he is just
asking that the City allow him to wait until after Holly's "rush"
season.
Councilman Gonzales commented that at the September 1,
Public Hearing both Mr. Reynolds and the owner of Holly Decorations
said that they had no knowledge of this requirement. He said that
he did not understand how Holly Decorations could not know of these
requirements when in fact someone from his company signed for the
occupancy permit.
city Attorney, Mr. Reynolds you are asking that we not
require a performance bond and accept your letter of intent. How
can we do this if originally someone signed a statement ac-
knowledging the conditions of the temporary occupancy permit yet
the necessary work was not completed. If we do not ask for this
type of collateral then how can we be assured that you will follow
through with this.
Mr. Reynolds stated that the City could change the
letter to anything they feel necessary however he did feel that
requiring a performance bond was too stringent and not necessary.
City Attorney advised Mr. Reynolds that some sort of
funding mechanism is needed to insure that the work will be done.
Mr. Reynolds advised that he was not even sure of how
much money the City was asking. He had been told on the phone
twice that it would be about $15,000 and tonight it was a sum of
$20 to $25 thousand.
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City Council Minutes
page 4
September 22, 1992
City Attorney advised Mr. Reynolds that based on the
past performance surrounding Holly Decorations' temporary occupancy
permit and your property it makes it necessary for the City to
require an additional guarantee to insure that the required work is
completed. Some sort of funding mechanism must be given to the
city.
Mr. Reynolds stated that the City is dealing with him,
the owner of the property, now and not the tenant and he assured
the Council these requirements would be met but again he does not
feel that it is necessary to be done now or that a performance bond
be issued. He stated that the Council has to understand that since
there is no traffic on this street it is not necessary for the work
to be done now.
City Attorney advised Mr. Reynolds that the city
Council is only following the guidelines set forth by the compre-
hensive zoning ordinance and we are not treating you any different
than any other tenant or property owner in the same situation.
Mr. Reynolds stated that he was not asking for any
special privileges only that this be delayed until early next year
and that the work would be done.
Mayor Malburg asked Mr. Reynolds that if he was given
an extension until January would he be willing to give the city
some type of collateral or as Mr. Brearley put it "funding mecha-
nism" to assure us that the improvements would be completed.
Mr. Reynolds replied that if he had to he would but
that again he feels with the current economic climate we are aSking
too much.
Mayor Malburg stated that as the City Attorney ex-
plained this requirement is set forth by ordinance and you or your
sub-sub tenant failed to complete the work that they acknowledged
was a condition of the issuance of the Temporary Occupancy Permit.
We are using this to insure that the work is going to be completed
without any further delays.
Mr. Reynolds stated that the meat packing industry just
down the street are clogging up the streets with their trucks and
no one seems to want to do anything about that.
Mr. vaits interjected that the zoning ordinance re-
quires that with any expansion or change in occupancy or ownership
the property must be brought up to code. If there is no change
then the property owners have five years from the adoption of the
zoning ordinance to recess all docks not conforming with the
ordinance. The comprehensive zoning ordinance was adopted I believe
in 1989.
Mr. Reynolds had no further comments.
Mr. John Pugliese owner of Holly Decorations asked if
he could address the Council.
Mr. pugliese advised that he was given "bad" informa-
tion from a real estate agent when he originally leased the build-
ing in that he was told that he could wait & apply for a variance
during the time that he was in his busy season.
City Attorney asked if May was his busy season.
Mr. Pugliese stated that at that time it was because
they were moving. The agent told me I would not be responsible for
any work that would interfere with my business. Because this is my
season I just cannot set aside time to have this work performed as
it will interfere with my work.
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Gity Council Minutes
page 5
September 22, 1992
City Attorney asked if we are understanding correctly
and that you are now saying that because of what your real estate
agent told you, you had never intended to complete any work.
Mr. Pugliese stated that it was not his original lease
and it is not in his lease that he would have to get this work
done.
this work?
City Attorney did you ever have any intention to do
Mr. Pugliese stated that in reality no since he is only
a sub-sub tenant and it is not his responsibility to bring the
building into conformance.
City Clerk then you only wanted to lease the place to
get you through your season and you didn't plan on seeing that any
of the required work or conditions were completed or met.
Mr. Pugliese as a sub-sub tenant I am only going to be
there for one year I do not expect to pay $30,000 for this type of
project.
City Clerk asked Mr. Vaits how they got into the
building if they did not have a permit initially?
victor vaits I would only have to assume that it was
done illegally.
Mr. pugliese advised that he moved in first and then
applied for the occupancy permit at which time he became aware of
the conditions and that he was only given a Temporary Occupancy
Permit.
City Attorney stated that as the Mayor advised, the
City needs some type of assurance that this work will be done.
Staff has reviewed all circumstances and based on the history of
Holly Decorations since they moved into the city it is recommended
that the variance be denied and that the docks be recessed as soon
as possible unless you provide a performance bond or some type of
funding mechanism that will assure the Council that the work will
be performed.
Councilman Gonzales stated that the situation calls for
either the variance to be granted or denied. He asked both owners
that if the variance was granted on the condition that the reces-
sion of the docks be performed, when would this be done. I mean
you have been in the building since May when you were given notice
of 30 days to recess the docks and here it is September, 4 months
later, and it has not been completed. You say it was because of
your "busy season" so how much longer is this going to be put off.
City Attorney stated that the Temporary Occupancy
permit was issued to the sub-sub tenant. He now says he didn't
intend to get it completed in the first place. If the city agrees
to wait to early next year will you agree to put up some sort of
performance bond.
Mayor stated that yes this is going to be required,
however the dollar amount has not been solidified yet. will it be
15, 20, or 30 Thousand Dollars?
victor vaits stated that according to the owner of the
property, Mr. Reynolds, he has seen an estimate of $30,000.
Mr. Reynolds stated that he still did not understand.
He has just given us a written statement that he will do the work,
why do you need something else.
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City Council Minutes
page 6
September 22, 1992
City Attorney advised Mr. Reynolds that his office will
review his letter to make sure that everything that the city needs
to insure that the work will be completed this time is documented
in the letter and we will get back to the Community services staff
who will apprise you of our findings.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 16, 1992, was presented, regarding Holly Decora-
tions, Inc. request for a Variance and advising that based on the
comments made by the owner of the company and the owner of the
property and the information presented by staff, the matter was
referred back to the Director of Community services for further
study and review. Staff has since discussed this with both parties
and after serious study feels that it is in the best interest of
the City to require the following in order to insure that the work
(recession of docks) will be completed:
1. A $15,000 cash deposit; or
2. A Letter of Credit
Both the owner of the property and the owner of the company have
refused to meet this request; however, the owner has offered to
give the City a written statement regarding his intentions to
recess the docks at the end of the current lease. Holly Decora-
tions, Inc., was originally issued a Temporary Certificate of
Occupancy on May 7, 1992, contingent upon several conditions, one
of them being specifically that the docks were to be recessed in
thirty days, and a representative of Holly Decorations signed a
statement acknowledging the conditions of this occupancy. To date
no recessing has occurred. Based on the above, it is hereby
recommended that the Variance be DENIED.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 24, 1992, was presented, advising that Holly Decora-
tions, Inc. has requested a Variance from the comprehensive Zoning
Ordinance, Section 26.4.2-8, Development Standards, for the build-
ing located at 2507 27th Street, and transmitted herewith is the
following evidence:
1. Application for Variance;
2. Affidavit of posting and mailing;
3. Notice of Public Hearing;
4. Engineer's Report.
The existing 37,000 square foot building was constructed with two
non-conforming loading docks each measuring 12 feet wide and 42.4
feet deep. The company is proposing to use the building as a
warehouse to store Christmas goods, and advised that recessing the
docks at this time would be a hardship. This has been reviewed by
the Director of Community Services, and based on the fact that the
company will occasionally use trucks that will extend into the
public right-of-way, it is hereby recommended that the Variance be
DENIED and that the two truck docks be recessed to 65 feet from the
street right-of-way as shown on the master plan of streets.
(Continued from the City Council Meeting held September 1, 1992.)
It was moved by McCormick, seconded by Gonzales, to
Close the Public Hearing, the time being 6:05 p.m. Motion carried.
It was moved by McCormick, seconded by Davis, that the
communications submitted during the public hearing be received as
evidence and that the variance for Holly Decorations be denied.
Motion carried.
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City Council Minutes
page 7
September 22, 1992
It was moved by McCormick, seconded by Davis, that the
Temporary Occupancy Permit be extended on the condition that the
City receive a performance bond or some funding guarantee that the
work will be completed in the very early part of next year and that
this guarantee must be received by the City by October 6 or further
action will be taken to suspend the Temporary Occupancy Permit.
Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated August 3, 1992, was presented, requesting authority and funds
for Melody Chancey, Secretary, to attend a Grammar and Usage
Seminar in Anaheim, October 29, 1992, with an expense allowance of
$107.00.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Melody Chancey to attend a Grammar and
Usage Seminar in Anaheim, October 29, 1992, with an expense allow-
ance of $107.00. Motion carried.
Communication from victor H. Vaits, Director of Commu-
nity Services, dated August 10, 1992, was presented, requesting
authority and funds for Senior Electrical Inspector Jerry Schreiber
to attend the 1993 NEC Analysis Seminar in Burbank, October 24,
1992, with an expense allowance of $136.98.
It was moved by McCormick, seconded by Davis, that
authority be granted for Jerry Schreiber to attend the 1993 NEC
Analysis Seminar in Burbank, October 24, 1992, with an expense
allowance of $136.98. Motion carried.
Communication from Kenneth DeDario, Director of Light
and Power, dated August 26, 1992, was presented, requesting author-
ity and funds for Chief Diesel Operator Robert Kipness to attend a
seminar entitled "Managing Multiple Projects, Objectives & Dead-
lines" in Ontario, October 26, 1992, with an expense allowance of
$122.00.
It was moved by Davis, seconded by McCormick, that
authority be granted for Robert Kipness to attend a seminar enti-
tled "Managing Multiple Projects, Objectives & Deadlines" in
Ontario, October 26, 1992, with an expense allowance of $122.00.
Motion carried.
Communication from Victor H. vaits, Director of Commu-
nity Services, dated August 27, 1992, was presented, advising that
Adkan Engineers have submitted, for M.A.B. Partners, Amended
Tentative Parcel Map No. 22827 for investigation and report in
accordance with the Subdivision Map Act and transmitting the
following evidence:
1. Print of Amended Tentative Parcel Map No. 22827;
2. Engineer's Report:
3. Excerpts from the Subdivision Map Act.
The original map showed three lots: the amended map splits one of
these lots in two, creating four lots in total. It is the opinion
of the Director of Community services that the Amended Parcel Map
will pose no adverse effects. The project is consistent with the
General Plan as adopted by the City of Vernon, the State of Cali-
fornia Environmental Quality Act, and State Subdivision Map Act.
This has been reviewed by the City Attorney, and it is hereby
recommended that the Amended Tentative Parcel Map No. 22827 be
approved contingent upon the following conditions:
1. Deed to the City of Vernon a 689.54 foot long
by 10 foot wide strip of land adjacent to
52nd Street for street widening purposes.
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City Council Minutes
page 8
September 22, 1992
2. Construct frontage improvements to City of
Vernon Standards including but not limited
to replacing all curb, gutter and sidewalk,
and relocating and removing all water meter
vaults if necessary.
3. Demolish all structures or bring them up to
meet all City of Vernon Codes including the
Comprehensive Zoning Ordinance.
4. Replace the existing old style Matthews Fire
Hydrants, located in 52nd street adjacent to
the subject property, with the new City of Vernon
Standard Fire Hydrant.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 16, 1992, was presented, transmitting a communica-
tion from Victor vaits, Director of Community Services, dated
September 16, 1992, with regard to Amended Tentative Parcel Map No.
22827. Mr. Vaits is recommending that Condition No.2 as listed on
his letter of August 27th to Council be changed to read as follows:
2. Construct frontage improvements to City of
Vernon standards as instructed by the
Director of Community Services. Construction
may include, but not be limited to, replacing
curb, gutter and sidewalk; relocating and
removing all water meter vaults; and making
necessary utility relocations.
victor Vaits, Director of Community Services, addressed
the City Council and summarized this matter for them.
It was moved by Ybarra, seconded by MCCormick, that the
communications from the Director of Community Services dated August
27, 1992 and the City Clerk, dated September 26, 1992, be received
and filed; and that Amended Tentative Parcel Map No. 22827 be
approved contingent upon the aforementioned Conditions No.1, 2 (as
amended on 9-16-92), 3 and 4. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 31, 1992, was presented, requesting authority and
funds for Gerald W. Forde, Assistant to the city Administrator, to
attend an Introduction to Redevelopment Seminar & Legislative
Update in Burbank, September 24, 1992, with an expense allowance of
$125.00.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Gerald W. Forde to attend the Introduction
to Redevelopment Seminar & Legislative Update in Burbank, September
24, 1992, with an expense allowance of $125.00. Motion carried.
Communication from Norman J. Michiels, Director of
Environmental Health, was presented, dated September 1, 1992
advising that in compliance with Section 459 of the Health and
Safety Code, the City of Vernon jail was inspected on August 25,
1992, and transmitting the inspection report which shows the
facility complies with standards and requirements prescribed by the
Board of Corrections regarding sanitary conditions.
It was moved by Davis, seconded by McCormick, that the
communication from the Director of Environmental Health dated
September 1, 1992, be received and filed. Motion carried.
Communication from Kenneth DeDario, Director of Light
and Power, dated September 1, 1992, was presented, requesting
authority and funds to attend the Fuel Cell Demonstration Project
Steering Committee Meeting in Santa Clara, September 16-17, 1992,
with an expense allowance of $459.86.
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City Council Minutes
page 9
September 22, 1992
It was moved by Ybarra, seconded by Davis, that author-
ity be granted for Kenneth DeDario to attend the Fuel Cell Demon-
stration Project steering Committee Meeting in Santa Clara, Septem-
ber 16-17, 1992 with an expense allowance of $459.86. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 1, 1992, was presented, requesting authority and
funds for Gloria Orosco, Chief Deputy City Clerk, to attend the
City Clerk's Association of California Education Seminar in San
Luis Obispo, September 25-26, 1992, with an expense allowance of
$189.00.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Gloria Orosco to attend the City Clerk's
Association of California Education Seminar in San Luis Obispo,
September 25-26, 1992, with an expense allowance of $189.00.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 8, 1992, was presented, requesting authority and
funds to attend the California Public Employers Labor Relations
Association Fall Conference in Monterey, November 3-7, 1992, with
an expense allowance of $1080.00.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Bruce V. Malkenhorst to attend the Cali-
fornia Public Employers Labor Relations Association Fall Conference
in Monterey, November 3-7, 1992, with an expense allowance of
$1080. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 8, 1992, was presented, transmitting Program
Supplement No. 002 to the State-Local Transportation Partnership
Program Agreement No. SLTPP-5139. Construction has been completed
on the Cycle 2 Projects which includes resurfacing portions of
Alameda Street, Downey Road, Downey Frontage Road and 26th Street,
all of which were nominated for funding under this program. The
City will receive approximately $124,667 towards the construction
costs (if funding is available). This has been reviewed by the
City Attorney and the Director of Community Services, and it is
hereby recommended that Program Supplement No. 002 be approved and
executed.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated September 8, 1992, be
received and filed and that his recommendation be approved. Motion
carried.
RESOLUTION NO. 6160 - A Resolution of the city Council
of the City of Vernon Approving and Authorizing the Execution of
Program Supplement No. 002 to State-Local Transportation Partner-
ship Program Agreement No. SLTPP-5139 By and Between the City of
Vernon and The State of California, Acting By and Through the
Department of Transportation, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6160 be approved and adopted. Motion carried.
Communication from Norman Michiels, Director of Envi-
ronmental Health, dated September 8, 1992, was presented,
requesting authority and funds for Environmental Specialist Dan
Downing to attend the California Mosquito & Vector Control Associa-
tion's Training Seminar in Fullerton, October 21-22, 1992, with an
expense allowance of $80.12.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Dan Downing to attend the California
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City Council Minutes
page 10
September 22, 1992
Mosquito & Vector Control Association's Training Seminar in Fuller-
ton, October 21-22, 1992, with an expense allowance of $80.12.
Motion carried.
Communication from Louis Rosenkrantz, Police Chief,
dated September 9, 1992, was presented, requesting authority and
funds for Officer David Lopez to attend the Latent Print Tracing
Techniques Course in Bakersfield, October 19-22, 1992, with an
expense allowance of $390.68 of which $310.68 will be reimbursed by
POST.
It was moved by McCormick, seconded by Davis, that
authority be granted for Officer David Lopez to attend the Latent
Print Tracing Techniques Course in Bakersfield, October 19-22,
1992, with an expense allowance of $390.68. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 16, 1992, advising that Mobil oil Corporation has
requested a Variance from the 1988 Edition of the Uniform Fire Code
Section 79.501, for a proposed installation of a 40,000 gallon
gasoline additive above ground storage tank at their Vernon termi-
nal located at 2709 37th Street. They currently have several above
ground tanks at this facility, and all existing tanks are contained
within a diked area where there is an existing fire foam system
serving the tank farm. This has been reviewed by the Community
Services, Health and Fire Departments and based on the existing
conditions, it is hereby recommended that the Variance be granted
to Mobil oil Corporation contingent upon the following conditions:
1. The new 40,000 gallon tank shall either be
double wall or shall be contained within an
impermeable secondary containment area as
approved by the City of Vernon Health Department.
2. The tank shall be designed and installed using
state of the art materials and engineering. At
minimum, the tank shall have a double wall
bottom and leak detection.
3. The tank shall comply with the inventory and
identification requirements of City of Vernon
Hazardous Materials Ordinance No. 961.
4. A fire foam system shall be installed to the
tank.
Victor Vaits, Director of community Services, addressed
the City Council and advised that the aforementioned matter con-
cerning Mobil Oil Corporation's request for a Variance should be
referred back to staff for further review.
It was moved by Ybarra, .seconded by Davis, that the
matter of Mobil oil Corporation's request for a Variance be removed
from the Agenda and no further action be taken at this time.
Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated September 16, 1992, was presented, requesting authority and
funds for Officers Daniel Calleros and Alfred Jaime to attend the
Advanced Officer Course at Rio Hondo Police Academy, October 14-16,
1992, with an expense allowance of $82.88 each of which $52.08 will
be reimbursed by POST.
It was moved by Davis, seconded by McCormick, that
authority be granted for Officers Daniel Calleros and Alfred Jaime
to attend the Advanced Officer Course at Rio Hondo Police Academy,
October 14-16, 1992, with an expense allowance of $82.88 each.
Motion carried.
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page 11
September 22, 1992
communication from Police Chief Louis Rosenkrantz,
dated September 16, 1992, was presented, requesting authority and
funds for Officers John Combado and Christian Moscoso to attend
Laser Firearms Training in Los Angeles, October 15, 1992, with an
expense allowance of $106.16 each which will be reimbursed by POST.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Officers John Combado and Christian
Moscoso to attend Laser Firearms Training in Los Angeles, October
15, 1992, with an expense allowance of $106.16 each. Motion
carried.
Communication from Norman J. Michiels, Director of
Environmental Health, dated September 16, 1992, was presented,
requesting authority and funds for Lewis Pozzebon, Chief Deputy
Director, to attend the Innovative Waste Remediation Technology
"State-of-the-Art" Symposium in San Diego, October 29-30, 1992 with
an expense allowance of $439.03.
It was moved by McCormick, seconded by Davis, that
authority be granted for Lewis Pozzebon to attend the Innovative
Waste Remediation Technology "State-of-the-Art" Symposium in San
Diego, October 29-30, 1992, with an expense allowance of $439.03.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 17, 1992, was presented, advising that on February
19, 1992 Council adopted Resolution No. 5884 which ratified and
adopted a Police Department Vehicle Pursuit Policy in accordance
with Vehicle Code section 17004.7. Transmitted herewith is a
revised "Vernon Police Department Pursuit Policy." This has been
reviewed by the Police Chief and the City Attorney, and it is
hereby recommended that the new policy be approved and that a
resolution be adopted approving same.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated September 17, 1992, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6162 - A Resolution of the city Council
of the City of Vernon Revising the Police Department Pursuit Policy
to Conform to Vehicle Code Section 17004.7, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6162 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated September 17, 1992, was presented, transmitting
the Agenda for the Adjourned Regular Personnel Committee Meeting to
be held September 21, 1992, for approval of the recommendations
contained therein.
The City Clerk advised that the actual Adjourned
Regular Personnel Committee Meeting was not held due to lack of
quorum and recommended that the items listed on the Agenda be
approved with the exception of the disciplinary action of Police
Officer Daniel Vincent which he recommended be deferred to Closed
Session later during this meeting.
It was moved by Davis, seconded by Ybarra, that the
recommendations listed on the Agenda for the Personnel Committee
Meeting to be held September 21, 1992, be approved as listed with
the exception of the matter of the disciplinary action of Police
Officer Daniel vincent. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated September 17, 1992, was presented, transmitting the
Minutes of the Adjourned Regular Finance Committee Meeting held
4508
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City Council Minutes
page 12
September 22, 1992
September 10, 1992, for approval of the recommendations contained
therein.
It was moved by McCormick, seconded by Davis, that the
Minutes of the Adjourned Regular Finance Committee Meeting held
September 10, 1992, be approved as submitted. Motion carried.
RESOLUTION NO. 6161 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a Procedure for Making
Disability Determinations for Local Safety Members, and a Procedure
for Appeals of Such Determinations, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 6161 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 847 covering claims and demands
presented during the period of August 28 thru september 17, 1992,
drawn on the First Interstate Bank totaling $218,576.09, which
includes Demand Nos. 38760 thru 38993 (inclusive), excluding Light
& Power Demand Nos. 38769, 38811, and 38829 thru 38834 (inclusive)
(accounting period September, 1992) was examined and audited.
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 847 be approved and payment authorized for
claims and demands totaling $218,576.09, excluding Light and Power
Demands. Motion carried.
WARRANT REGISTER NO. 847 covering claims and demands
presented during the period of August 28 thru September 17, 1992,
drawn on the First Interstate Bank totaling $2,652,767.21, which
includes Light & Power Demand Nos. as listed below (accounting
period September, 1992) was examined and audited:
38763 38777 38817 38846 38890 38920 38964 38988
38765 38782 38822 38850 38896 38939 38970 38990
38766 38784 38823 38851 38901 38940 38972
38770 38794 38825 38857 38902 38947 38976
38773 38798 38826 38874 38903 38959 38983
38776 38810 38828 38877 38907 38962 38985
It was moved by Ybarra, seconded by Mccormick, that
Warrant Register No. 847 be approved and payment authorized for
claims and demands totaling $2,652,767.21. 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.
PAYROLL WARRANT REGISTER NO. 434 covering claims and
demands presented during the period of July 12 thru August 8, 1992,
drawn on the First Interstate Bank totaling $1,352,902.22 which
includes Demand Nos. 6665 thru 6704 (inclusive), (accounting period
August, 1992) was examined and audited.
It was moved by McCormick, seconded by Gonzales, that
Payroll Warrant Register No. 434 be approved and payment authorized
for claims and demands totaling $1,352,902.22. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 27, 1992, was submitted addressing the Fuel Cell
Project and recommending that the Participation Agreement for said
project and a Pro-Rata Funding Letter agreement be approved.
Kenneth DeDario, Director of Light and Power, addressed
the City Council and summarized this matter for them.
David B. Brearley, City Attorney also addressed the
City Council and provided them with information pertaining to this
matter and advised that the Pro-Rata Funding Letter Agreement is
actually a "Letter of Intent."
4501"
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City Council Minutes
page 13
September 22, 1992
It was moved by McCormick, seconded by Gonzales,
the communication from the City Clerk dated August 27, 1992,
received and filed and that his recommendation be approved.
carried.
that
be
Motion
RESOLUTION NO. 6154 - A Resolution of the city Council
of the City of Vernon Approving and Authorizing the Execution of a
Participation Agreement for the Santa Clara Demonstration Project
By and Between the City of Vernon and Various Public and Private
Agencies, was presented
It was moved by Ybarra, seconded by Davis, that Resolu-
tion No. 6154 be approved and adopted. Motion carried.
RESOLUTION NO. 6159 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of a
Letter of Intent for the Santa Clara Demonstration Project, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 6159 be approved and adopted. Motion carried.
Consideration of settlement in claim of Richard
Schoenfeld.
The City Clerk advised that this should be deferred to
Closed Session later this date.
The Mayor called a recess at 6:55 p.m.
The Council reconvened in regular session at 6:58 p.m.,
all persons present before the recess again being present.
It was moved by McCormick, seconded by Gonzales, that
the Council go into Closed Session, Personnel, pursuant to Govern-
ment Code section 54957, the time being 6:58 p.m. Motion carried.
All persons were excluded from Closed Session with the
exception of the City Clerk, City Attorney and the Chief of Police.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
The Chief of Police was excused at 7:08 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 7:10 p.m. Motion carried.
It was moved by Gonzales, seconded by Davis, 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 7:10 p.m. Motion carried.
All persons were excluded from Closed Session with the
exception of the City Clerk and the City Attorney.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
Councilman Davis was excused at 7:15 p.m.
Councilman Davis resumed his seat on Council at 7:25
p.m.
It was moved by McCormick, seconded by Ybarra, that the
Council go out of Closed Session and resume regular session, the
time being 7:28 p.m. Motion carried.
45:06
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City Council Minutes
page 14
September 22, 1992
It was moved by Gonzales, seconded by Davis, that
Officer Daniel vincent be suspended one day without pay for his
being in violation of Section 400.42 of the Vernon Police Depart-
ment Manual of POlicy, Ethics, and Procedure. Motion carried.
It was moved by McCormick, seconded by Gonzales that
the claim of Mr. Richard Schoenfeld for property damage in the
amount of $189.98 be approved contingent upon Mr. Schoenfeld's
signing a release. Motion carried.
It was moved by Davis, seconded by Ybarra, that the
claim of The Ligature for damages in the amount of $7,500 resulting
from the interruption of its business activities when power and
telephone lines were severed on July 8, 1992, by a subcontractor of
Silvia Construction Co., Inc., doing work pursuant to Contract No.
512 be denied. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
Mayor be authorized to execute a Consent Decree on behalf of third-
party defendant City of Vernon and a Local Governmental Entity
Cooperation Agreement in the case of united states, et ale v.
Montrose Chemical Corporation et al., USDC No. CV-90-3122-AAH
(JRx). Motion carried.
It was moved by Ybarra, seconded by McCormick, to
approve the filing of a claim with the County of Los Angeles for
indemnification concerning damages sustained by plaintiffs in the
case of Machado v. Bell, Case No. VC 00358, in which the City of
Vernon is a cross-defendant. Motion carried.
The City Attorney advised the City Council that Pacific
Gas and Electric Company (PG&E) had filed with the Federal Energy
Regulatory Commission (FERC) in FERC Docket No. ER92-829-000 the
Vernon-PG&E Transmission Service Exchange Agreement Respecting the
California-Oregon Transmission Project and that, pursuant to the
Agreement, he had filed a request to intervene before the FERC in
support of the Agreement in such filing. The City Attorney recom-
mended that the City intervene in said proceeding as required in
said Agreement; and requested that the City Council ratify and
approve his filing of a request to intervene in said proceeding.
It was moved by Gonzales, seconded by Ybarra that the
City Attorney's recommendations be approved and ratified. Motion
carried. Councilman Davis abstained from voting on the above
motion and disqualified himself because it is reasonably
foreseeable that the decision may have a material financial effect
on his source of income.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by Davis,
that the meeting adjourn, the time being 7:33 p.m. Motion carried.
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~C?7~v.t'.~~fiZ'WCW1 ~I
(L~on1s C. Ma burg
"Mayor
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ATTEST:
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Bruce V. Malkenhorst
City Clerk
45"95
I
I
NOTICE OF ADJOURNMENT OF MEETING
OF THE CITY COUNCIL OF THE CITY OF VERNON
I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF VERNON TO BE HELD SEPTEMBER 15, 1992 AT
5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA WAS ADJOURNED BY THE CITY
CLERK (QUORUM NOT PRESENT) TO SEPTEMBER 22, 1992 AT 5 P.M.
IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA.
y:q~tU sY 7J[~~~nfjJ
Bruce V. Malkenhorst .
City Clerk
NOA