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19921006 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 6, 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, McCormick 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 adjourned Regular City Council Meeting held September 22, 1992, be approved as submitted and adopted. Motion carried. The following employees of the Community Services Department were in attendance at the Council Meeting to be recognized for their continuous years of service with the City and the Mayor extended congratulations on behalf of the Council. Andrew Thompson, Utilityman - 5 years Jerry Schreiber, Senior Electrical Inspector - 5 years Police Officer Christian Moscoso (5 years) was unable to attend the meeting and the Mayor asked Captain Mason to accept the pin on his behalf and to extend the City Council's congratulations. The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Police Department Activity Log for the period september 16 thru 30, 1992, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period september 16 thru 30, 1992, be received and filed. Motion carried. Fire Department Activity Report for the period September 16 thru 30, 1992, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period september 16 thru 30, 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 Hearing 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 Hearing that may be listed. Mr. John Guerra, Community Affairs Manager of Southern California Gas Company, requested that the Council grant issuance of an Encroachment Permit that was requested in May of this year. David B. Brearley, city Attorney, advised the City Council that the City is required to comply with the Brown Act (Government Code Sections 54954.2 and 54954.3) and, therefore the matter cannot be considered by the City Council at this time since the Gas Company had not requested that this issue be placed on today's Agenda. 4528 I I City Council Minutes page 2 October 6, 1992 He further indicated that any person or company must submit material to the City Clerk by 1 p.m. on the Thursday before the City Council meeting and request that it be placed on the agenda in order for it to be considered by the City Council. Mr. Guerra advised that it was his understanding that a letter was submitted to the City Council on October 1 and that he had sufficient copies for the City Council. Mr. Brearley stated that the City Clerk can accept this letter for placement on the agenda for the next City Council meeting (October 20, 1992), but no action could be taken at this time because it was not placed on the agenda in accordance with the Brown Act. signed for. The City Clerk asked Mr. Guerra if the letter was Mr. Guerra responded that he did not know. There was no one else 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 World Toys Discount Company, Inc., (Lessor of property located at 2468 26th street) for a Variance to utilize six non-conforming truck docks at said property, the time being 5:21 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 September 30, 1992, was presented, advising that World Discount Toys Company, Inc., (Lessor) has requested a variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 2468 26th street, and transmitting the following evidence: 1. Application for Variance; 2. Notice of Public Hearing; 3. Affidavit of posting and mailing; 4. Engineer's Report. The building has six non-conforming truck docks measuring from 11.8 to 13.4 feet wide and all being 23.6 feet from the street right-of-way. 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 the City Attorney, and it is hereby recommended that the Variance be granted contingent upon the following Condition: 1. The usage of the loading spaces be limited to vehicles with a maximum length of 18.6 feet. The Mayor asked if there were any questions regarding this matter. There were no questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing with regard to the request for a Variance by World Toys Discount Company, Inc., the time being 5:26 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated September 30, 1992, and all supporting evidence submitted during the Public Hearing, 452~ I I City Council Minutes page 3 October 6, 1992 be received and filed, and that the Variance be granted contin- gent upon the aforementioned Condition. Motion carried. RESOLUTION NO. 6163 - A Resolution of the City Council of the City of Vernon Granting a Variance to World Toys Discount Company, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 2468 26th Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6163 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the Public Hearing to consider a request from Golden Touch Imports, Inc., (Lessor of property located at 4210 Charter Street) for a Variance to utilize eight non-conforming truck docks at said property, the time being 5:27 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 September 30, 1992, was presented, advising that Golden Touch Imports, Inc., (Lessor) has requested a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4210 Charter Street, and transmitting the following evidence: 1. Application for Variance; 2. Notice of Public Hearing; 3. Affidavit of posting and mailing; 4. Engineer's Report. The building has eight non-conforming truck docks measuring 9 feet wide and 40.6 feet from the street right-of-way. 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 the City Attorney, and it is hereby recommended that the Variance be granted contingent upon the following Condition: 1. The usage of the loading spaces be limited to vehicles with a maximum length of 40 feet. The Mayor asked if there were any questions. Mr. Gary Herman, of S.D. Herman Realtors, addressed the Council stating he was representing the company, Golden Touch Imports, and advising that they were present to answer any ques- tions if needed. It was moved by McCormick, seconded by Davis, to close the Public Hearing with regard to the request for a Variance by Golden Touch Imports, Inc., the time being 5:30 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated September 30, 1992, and all supporting evidence submitted during the Public Hearing be received and filed, and that the Variance be granted contingent upon the aforementioned Condition. Motion carried. RESOLUTION NO. 6164 - A Resolution of the City Council of the City of Vernon Granting a Variance to Golden Touch Imports, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 4210 Charter street in the City of Vernon, was presented. 453:6 I I City Council Minutes page 4 October 6, 1992 It was moved by McCormick, seconded by Ybarra, that Resolution No. 6164 be approved and adopted. Motion carried. At this time, 5:31 p.m., the Mayor advised the City Clerk and Council that he would step down from the Chair with regard to the next item on the Agenda because he considered that it was a potential conflict of interest because he held a financial interest in said property. He turned the gavel over to the Mayor Pro Tem. The Mayor then took a seat in the audience. The Mayor Pro Tem proceeded to Chair the meeting. It was moved by McCormick, seconded by Davis, to open the Public Hearing to consider a request from Antelope Valley Bus, Inc. for a Conditional Use Permit to allow the applicant to operate a truck terminal at property located at 2450 Vernon Avenue, the time being 5:32 p.m. Motion carried. victor Vaits, Director of Community Services, addressed the City Council and briefly summarized this matter and also advised that there is a change to Condition "i" which should read as follows: i. The applicant has the responsibility to see that all buses or other vehicles stored on the lot are operational. All broken down buses shall be repaired immediately or removed from the yard. No portions of buses, parts or miscellaneous equipment shall be stored outside. Communication from victor H. Vaits, Director of Community Services, dated October 1, 1992, was presented, advising that Antelope Valley Bus, Inc. has applied for a Conditional Use Permit to operate a truck terminal at 2450 Vernon Avenue, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 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 Antelope Valley Bus, 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, will have no significant effects on the environment and no mitigating measures are required. This has been reviewed by the City Attorney and it is hereby recommended that the following Conditions be set upon 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. 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. .45.2.5< I I City Council Minutes Page 5 October 6, 1992 c. 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. d. Servicing of vehicles including washing, steam cleaning and repairing shall be prohibited unless they are performed in compliance with appropriate codes. e. 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. As outlined in the NPDES Permit a prevention and monitoring program shall be prepared within the Board's time limitations. f. The property owner shall deed to the City a 10 foot strip of land along the subject property for the widening of Vernon Avenue. g. Five additional feet of sidewalk shall be constructed to increase the roadway width of Vernon Avenue to 30 feet as measured from the street centerline. Repair all existing cracked sidewalk, curb & gutter adjacent to the site in Vernon Avenue to meet City Standards. Guard posts shall be constructed at the ends of all driveways. h. Where the site's parking areas adjoin a public street, a masonry wall not less than 30 inches in height, or a sprinklered, landscaped area a minimum of 4 feet in width, measured from the new property lines, shall be established along such frontage, except at driveways, walkways or where other openings are necessary. If the landscape option is selected, the lawns and shrubs shall have a neat appearance and be well maintained and free of weeds. i. All buses must be operational. Portions of buses, parts and miscellaneous items must be kept within buildings and not visible from the street right-of-way. j. Underground storage tank monitoring system shall be checked by a qualified service person. Underground tank and monitoring systems must meet the requirements of City Ordinance No. 944. k. Prepare and grant easements to the City of Vernon for existing electrical lines and a guy wire which cross over the subject site. Based on the aforementioned, it is hereby recommended that: 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. 3. The Conditional Use Permit be granted contingent upon the aforementioned Conditions "a" thru "k". 4524 I I City Council Minutes page 6 October 6, 1992 Mayor Pro Tern Ybarra asked if there were any questions regarding this matter. Mr. Malburg asked if Condition "i" was to be handled by the lessee or lessor. Mr. vaits advised that it was the applicant's (Antelope Valley Bus) responsibility to see that all conditions are complied with. It was moved by McCormick, seconded by Davis, to close the Public Hearing with regard to a request for a Conditional Use Permit by Antelope Valley Bus, 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 October 1, 1992 and all supporting documents submitted during the Public Hearing be received and filed. Motion carried. It was moved by McCormick, seconded by Gonzales, that the City Council find that the proposed use is categorically exempt from the California Environmental Action Process. Motion carried. It was moved by Gonzales, seconded by Davis, that a Notice of Exemption be filed with the County Clerk. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Conditional Use Permit be granted to Antelope Valley Bus, Inc., contingent upon the aforementioned Conditions "a' thru "k" including the change to Condition "i" as indicated by Mr. vaits. Motion carried. RESOLUTION NO. 6166 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Antelope Valley Bus, Inc. for the Operation of a Truck Terminal at 2450 Vernon Avenue, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6166 be approved and adopted. Motion carried. At 5:43 p.m., the Mayor resumed his Chair on the Council and proceeded to preside over the meeting. RESOLUTION NO. 6167 - A Resolution of the City Council of the City of Vernon Commending Larry E. Spadt for his many years of service to the City of Vernon, was read in its entirety by the City Clerk. It was moved by Ybarra, seconded by Davis, that Resolution No. 6167 be approved and adopted. Communication from Kenneth DeDario, Director of Light and Power, dated September 23, 1992, was presented, requesting authority and funds to attend the Fuel Cell Commercialization Group Meeting in Tucson, Arizona, December 2-4, 1992, with an expense allowance of $682.75. It was moved by Davis, seconded by Gonzales, that authority be granted for Kenneth DeDario to attend the Fuel Cell Commercialization Group Meeting in Tucson, Arizona, December 2-4, 1992, with an expense allowance of $682.75. Motion carried. Communication from Fire Chief Larry Spadt, dated September 23, 1992, was presented, requesting authority and funds for Fire Captain James Smith to attend the CMC Rope Rescue III Course in Ontario, October 12-16, 1992, with an expense allowance of $600. 45'2..3 I I City Council Minutes page 7 October 6, 1992 It was moved by McCormick, seconded by Gonzales, that authority be granted for Captain James Smith to attend the CMC Rope Rescue III Course in Ontario, October 12-16, 1992, with an expense allowance of $600. Motion carried. Communication from Kenneth DeDario, Director of Light and Power, dated September 28, 1992, was presented, requesting authority and funds for Power Scheduler Daniel Garcia to attend the 1992 Northwest/Southwest Schedulers Meeting in Portland, Oregon, October 13-14, 1992, with an expense allowance of $762.25. It was moved by Ybarra, seconded by Davis, that authority be granted for Daniel Garcia to attend the 1992 Northwest/Southwest Schedulers Meeting in Portland, Oregon, October 13-14, 1992, with an expense allowance of $762.25. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 29, 1992, was presented, advising that in accordance with Government Code section 87306.5 (which was added in 1990 to the Political Reform Act, Chapter 1075), you are hereby advised that there are no amendments necessary to the Conflict of Interest Code for the City of Vernon and the City of Vernon Redevelopment Agency. It was moved by McCormick, seconded by Ybarra, that the aforementioned matter concerning amendments to the Conflict of Interest Code be deferred. Motion carried. Communication from victor vaits, Director of Community Services, dated September 30. 1992, was presented, transmitting Contract No. 514, Traffic Pavement Striping 1993, and recommending that the contract be approved and authority be granted to advertise for bids. It was moved by Ybarra, seconded by Davis, that the communication from the Director of Community Services dated September 30, 1992 be received and filed, and that his recommen- dation be approved. Motion carried. RESOLUTION No. 6165 - A Resolution of the City Council of the City of Vernon Approving Contract No. 514 and Authorizing Notice Inviting Sealed Proposals or Bids for Traffic Pavement Striping 1993 in Accordance with Contract No. 514 of the City of Vernon, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6165 be approved and adopted. Motion carried. Communication from David B. Brearley, City Attorney, dated October 1, 1992, was presented, advising that Government Code Section 905 exempts certain types of claims which need to be presented to a public agency prior to filing a lawsuit against said agency. However, Government Code Section 935 provides that those claims which are exempted from presentation can be further restricted by the local agency by adoption of an ordinance. The City previously adopted Section 2.10-1 to the Vernon Municipal Code intending that it be applicable to all claims for compensation from the City of Vernon. In a recent case, it was ruled that the language was ambiguous and not applicable in a claim against the city. It is hereby recommended that Section 2.10-1 of the Vernon City Code pertaining to claims and demands against the City be amended in order to cure any ambiguity. Also, this will require the presentation of claims to the City in a timely manner prior to initiating legal action. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Attorney dated October 1, 1992, be received and filed, and that his recommendation be approved. Motion carried. t522 I I City Council Minutes page 8 October 6, 1992 ORDINANCE NO. 1010 - An Ordinance of the City Council of the City of Vernon Amending Section 2.10-1 of the Code of the City of Vernon Pertaining to Claims and Demands Against the City of Vernon, was read by title for a First Reading. Motion carried. It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1010 be approved for a First Reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 1, 1992, was presented, transmitting a "supplement" to the 1992 Annual Report on the Vernon General Plan, which discusses the status of the Housing Element of the General Plan. It is hereby recommended that said Supplement be accepted for review by Council. victor vaits, Director of Community Services, advised the Council that on August 25, 1992, an Annual Report was submitted to Council which was incomplete, and at this time submitted a completely new 1992 Annual Report which includes the "Housing Element" for Council review and acceptance. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated October 1, 1992 be received and filed, and that the 1992 Annual Report on the Vernon General Plan submitted by Mr. vaits be accepted and approved. Motion carried. RESOLUTION NO. 6169 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Annual Report on the General Plan for Fiscal Year 1991-92, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No 6169 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 1, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held October 5, 1992, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations listed on the Agenda for the Personnel Committee Meeting held October 5, 1992, be approved as submitted and adopted. Motion carried. WARRANT REGISTER NO. 848 covering claims and demands presented during the period of September 18 thru October 1, 1992, drawn on the First Interstate Bank totaling $190,616.33, which includes Demand Nos. 38994 thru 39198 (inclusive), excluding Light & Power Demands and Void Demand Nos. 38997 and 39044 thru 39048 (inclusive) (accounting period October, 1992) was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 848 be approved and payment authorized for Claims and Demands totaling $190,616.33, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 848 covering claims and demands presented during the period of September 18 thru October 1, 1992, drawn on the First Interstate Bank totaling $2,947,250.05, which includes Light & Power Demand Nos. as listed below (accounting period October, 1992) was examined and audited: 38998 39014 39053 39110 39138 39160 39172 39002 39015 39057 39111 39142 39163 39179 39003 39016 39072 39117 39144 39165 39185 39008 39019 39080 39120 39157 39169 39197 39011 39034 39094 39122 39158 39170 39198 .- 4521 I I City Council Minutes page 9 October 6, 1992 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 848 be approved and payment authorized for Claims and Demands totaling $2,947,250.05. 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. Communication from the City Clerk, dated October 5, 1992, regarding the Edison-Vernon Firm Transmission Service Agreement, and advising that staff feels that approval of this agreement would provide Vernon with adequate access to the northwest and substantial scheduling flexibility. RESOLUTION NO. 6168 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Edison-Vernon Firm Transmission Service Agreement By and Between the City of Vernon and Southern California Edison Company to Implement the Transmission Service Exchange Agreement Between Pacific Gas & Electric Company and the City of Vernon. The City Clerk advised that the matter of the Edison- Vernon Firm Transmission Service Agreement and Resolution No. 6168 should be deferred to Closed Session later this date. City Administrator/City Clerk recommends that the City Council approve providing medical benefits for certain categories of retired employees during the 1992-93 Fiscal Year. RESOLUTION NO. 6170 - A Resolution of the City Council of the City of Vernon Approving the continued Payment of Health Insurance Coverage for certain Categories of Retired Employees During the 1992-93 Fiscal Year, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6170 be approved and adopted. Motion carried. The Mayor called a recess at 6:30 p.m. The Council reconvened in regular session, the time 6:34 p.m., all members present before the recess again being present. It was moved by Davis, seconded by Ybarra, that the Council go into Closed Session, Personnel, pursuant to Government Code section 54957, the time being 6:34 p.m. Motion carried. All persons were excluded from Closed Session with the exception the City Clerk, City Attorney, Fire Chief Larry Spadt and Battalion Chief Lynn Telford. 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, Personnel, and resume regular session the time being 6:47 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, to approve the recommendation of the city Council that Battalion Chief Lynn Telford be appointed Fire Chief effective October 16, 1992, due to the retirement of Fire Chief Larry Spadt. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Code Section 54956.9(a) the time being 6:49 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, City Attorney, and Kenneth DeDario, Director of Light and Power. 4520 I I City Council Minutes page 10 October 6, 1992 The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Councilman Davis was excused at 6:54 p.m. The Director Light and Power was excused at 7:03 p.m. Councilman Davis resumed his seat on the Council at 7:09 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 7:20 p.m. Motion carried. Consideration of the Edison-Vernon Firm Transmission Service Agreement. (Deferred from earlier in the meeting.) Communication from Bruce V. Malkenhorst, City Clerk, dated October 5, 1992 regarding the Edison-Vernon Firm Transmission Service Agreement, and advising that staff feels that approval of this agreement would provide Vernon with adequate access to the northwest and substantial scheduling flexibility. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated October 5, 1992, be received and filed, and that the Edison-Vernon Firm Transmission Service Agreement be approved and executed. 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. RESOLUTION NO 6168 - A Resolution of the city Council of the City of Vernon Approving and Authorizing the Execution of an Edison-Vernon Firm Transmission Service Agreement By and Between the City of Vernon and Southern California Edison Company to Implement the Transmission Service Exchange Agreement Between Pacific Gas & Electric Company and the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6168 be approved and adopted. 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. 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. ATTEST: $- Bruce V. _ ~~-v Malkenhorst, City Clerk 4518