19930105 Regular City Council Meeting - Minutes
I
I
MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD JANUARY 5,
1993 AT 5 P.M. IN THE COUNCIL CHAMBERS
OF THE CITY HALL LOCATED AT 4305 SANTA
FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Ybarra, Gonzales, McCormick, Davis
MEMBERS ABSENT: Malburg
The meeting was called to order by Mayor Pro Tern
Ybarra.
It was moved by Davis, seconded by Gonzales that the
Minutes of the City Council Meeting held December 15, 1992, be
deferred to the next City Council Meeting. Motion carried.
The following employees were in attendance at the
Council Meeting to be recognized for their continuous years of
service with the City and the Mayor Pro Tern presented them with
their Service pins and he and the City Council extended their
congratulations to them.
COMMUNITY SERVICES DEPARTMENT
victor Trujillo - 5 years
Renan Castro - 5 years
The Mayor Pro Tern called a recess at 5:05 p.m.
The Council reconvened in regular session at 5:06
p.m., all members present before the recess again being present.
RESOLUTION NO. 6195 - A Resolution of the City
Council of the City of Vernon Commending Norman J. Michiels for
his Years of Service to the City of Vernon, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6195 be approved and adopted. Motion carried.
Police Department Activity Log for the period
December 15 thru 31, 1992, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period December 15 thru
31, 1992, be received and filed. Motion carried.
Fire Department Activity Report for the period
December 15 thru 31, 1992, was presented.
It was moved by McCormick, seconded by Davis, that
the Fire Department Activity Report for the period December 15
thru 31, 1992, be received and filed. Motion carried.
The City Clerk announced that now 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 Pro Tern 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 who wished to address the City
Council.
It was moved by Gonzales, seconded by Davis, to open
the PUblic Hearing to consider a request from sylvia Filippini
for a Conditional Use Permit to allow the construction and
4570
I
I
City Council Minutes
page 2
January 5, 1993
operation of a restaurant at 5351 Santa Fe Avenue, the time being
5:09 p.m. Motion carried.
Victor Vaits, Director of community services,
addressed the city Council and briefly summarized this matter for
them.
Communication from victor H. Vaits, Director of
Community Services, dated December 29, 1992, was presented,
advising that Sylvia Filippini has applied for a Conditional Use
Permit to construct and operate a restaurant at 5351 Santa Fe
Avenue, and transmitting the following supporting documents:
1. Request for Conditional Use Permit and
information supporting the application;
2. Engineer's Report;
3. Initial Study;
4. Notice of Public Hearing, Notice of Intent,
copies of notification letters to owners and
tenants in the area and affidavits of posting
and mailing;
5. Proposed Negative Declaration.
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 have no significant effects on the environment.
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;
b. Pursuant to the City of Vernon Comprehensive
Zoning ordinance, parking and loading spaces
shall be provided for both the restaurant
and warehouse in accordance with Vernon City
Code Sections 26.4.2-6 and 26.4.2-7.
All parking and maneuvering areas, including the
ingress and egress shall be paved. An easement
for ingress and egress and vehicle parking on the
lot located at 5415 Santa Fe Avenue shall be
submitted and approved by the City and recorded
prior to the issuance of building permits;
c. Prior to occupancy, Sylvia Filippini shall obtain
a sales tax permit from the State Board of
Equalization bearing the City of Vernon Tax
Number 19039, and a City of Vernon business
license;
d. Sylvia Filippini shall construct all frontage
improvements adjacent to the site along Santa
Fe Avenue as directed by the Director of
Community Services and shown on the submitted
plans. The improvements shall include the work
associated with the removal and narrowing of
driveway access on Santa Fe Avenue. All work
shall be performed to City standards and shall be
completed prior to occupancy.
456~1
I
I
City Council Minutes
page 3
January 5, 1993
e. Adequate trash receptacle shall be provided on
the site to keep litter to a minimum. All litter
associated with the operation of the restaurant,
blown or dropped on adjacent properties shall
be retrieved and disposed of daily by a
restaurant employee.
f. Any expansion or change in use shall be approved
by the Director of Community Services.
g. The parking, driveway access and landscaping
shall be developed in accordance with the site
plan which was submitted with this application
and approved by the Director of Community
Services. No changes shall be made in the site
development except with the prior approval of the
Director of community Services.
h. The owner of the subject property shall provide
the City of Vernon Light and Power Department
with a suitable location on the property and
required easements for the relocation of the
transformer currently serving the property.
i. Upon termination of the lease for the use of the
Southern Pacific Transportation Company property
on which the railcar sits, this Conditional Use
Permit shall terminate and all improvements
located on that property shall be removed.
j. The railcar shall be rodent proofed.
k.
Prior to any construction,
restrooms and food storage
Vernon Health Department.
comply with the California
Facilities law.
plans for the railcar,
shall be approved by
The restaurant shall
Uniform Retail
1. A WRONG WAY/DO NOT ENTER sign shall be placed
at the Santa Fe Avenue exit only driveway.
Based on the aforementioned it is hereby recommended that the
City Council determine:
1. That the project is consistent with the General
Plan as adopted by the City of Vernon.
2. That the project will not have a significant
effect on the environment.
3. That the project will not individually or
cumulatively have an adverse effect on wildlife
resources.
Further, it is hereby recommended that:
1. A Negative Declaration be adopted.
2. A Notice of Determination and a De Minimus
Finding be filed with the County Clerk.
3. The Conditional Use Permit be granted contingent
upon the aforementioned Conditions "a" thru "1".
It was moved by Gonzales, seconded by McCormick, to
close the Public Hearing concerning the request by sylvia
Filippini for a Conditional Use Permit to allow the construction
ana operation of a restaurant at 5351 Santa Fe Avenue, the time
being 5:12 p.m. Motion carried.
4568
I
I
City Council Minutes
page 4
January 5, 1993
It was moved by McCormick, seconded by Davis, that
the communication from the Director of community services dated
December 29, 1992, be received and filed. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the City Council determine the following. Motion carried.
1. That the project is consistent with the General
Plan as adopted by the City of Vernon.
2. That the project will not have a significant
effect on the environment.
3. That the project will not individually or
cumulatively have an adverse effect on wildlife
resources.
It was moved by Gonzales, seconded by Davis, that the
following actions be approved. Motion carried.
1. A Negative Declaration be adopted.
2. A Notice of Determination and a De Minimus
Finding be filed with the County Clerk.
3. The Conditional Use Permit be granted contingent
upon the aforementioned Conditions "a" thru "1".
RESOLUTION NO. 6190 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to Sylvia Filippini for the Construction and Operation of a
Retail Commercial Use Which will Generate More than 20 Vehicle
Trips per day per 1,000 Gross Square Feet of Floor Area at 5351
Santa Fe Avenue, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6190 be approved and adopted. Motion carried.
ORDINANCE NO. 1012 - An Ordinance of the City Council
of the City of Vernon Amending Sections 15.12, 15.14, 15.20 and
15.37 of the Code of the City of Vernon, California, 1959,
Regarding Payment of Fees for Conducting Certain Business
Activities in the City of Vernon, was read by title for a Second
and Final Reading.
It was moved by Gonzales, seconded by Davis, that
Ordinance No. 1012 be approved and adopted. Motion carried.
Ayes:
Noes:
Absent:
Ybarra, Davis, McCormick, Gonzales
None
Malburg
Communication from Police Chief Louis Rosenkrantz,
dated December 9, 1992, was presented, requesting authority and
funds for Sergeant Solomon Benudiz to attend the California
Robbery Investigators Annual Training Seminar in Las Vegas,
February 3-5, 1993, with an expense allowance of $358.00 which
will be reimbursed by POST.
It was moved by McCormick, seconded by Davis, that
authority be granted for sgt. Soloman Benudiz to attend the
California Robbery Investigators Annual Training Seminar in Las
Vegas, February 3-5, 1993, with an expense allowance of $358.
Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated December 10, 1992, was presented, requesting authority and
funds for Police Officers Charles Solano and Scott Shonts to
attend Laser Firearms Training at Biscaluiz Center, January 14,
4567
I
I
City Council Minutes
page 5
January 5, 1993
1993, with an expense allowance of $106.16 each which will be
reimbursed by POST.
It was moved by Davis, seconded by Gonzales, that
authority be granted for Officers Charles Solano and Scott Shonts
to attend Laser Firearms Training at Biscaluiz Center, January
14, 1993, with an expense allowance of $106.16 each. Motion
carried.
Communication from Police Chief Louis Rosenkrantz,
dated December 10, 1992, was presented, requesting authority and
funds for Police Officers Christian Moscoso and Michael Ogawa to
attend Laser Firearms Training at Biscaluiz Center, January 27,
1993, with an expense allowance of $106.16 each which will be
reimbursed by POST.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Officers Christian Moscoso and Michael
Ogawa to attend Laser Firearms Training at Biscaluiz Center,
January 27, 1993, with an expense allowance of $106.16 each.
Motion carried.
Communication from Norman Michiels, Director of
Environmental Health, dated December 16, 1992, was presented,
requesting authority and funds for James Wilcox, Environmental
Health Specialist, to attend the Chemical Safety Audit Workshop
in Long Beach, January 26-29, 1993, with an expense allowance of
$150.80.
It was moved by Davis, seconded by McCormick, that
authority be granted for James Wilcox to attend the Chemical
Safety Audit Workshop in Long Beach, January 26-29, 1993, with an
expense allowance of $150.80. Motion carried.
Communication from Louis S. Rosenkrantz, Chief of
POlice, dated December 17, 1992, was presented, requesting
authority and funds to attend the California Police Chiefs'
Association Conference in Huntington Beach, February 9-12, 1993,
with an expense allowance of $762.60.
It was moved by Gonzales, seconded by Davis, that
authority be granted for Chief Louis Rosenkrantz to attend the
California Police Chiefs' Association Conference in Huntington
Beach, February 9-12, 1993, with an expense allowance of $762.60.
Motion carried.
Communication from Norman Michiels, Director of
Environmental Health, dated December 23, 1992, was presented,
requesting authority and funds for Timothy Blank, Environmental
Health Specialist, to attend the Hazard Analysis and Critical
Control Point (HACCP) Workshop in Anaheim, January 20-21, 1993,
with an expense allowance of $405.00.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Timothy Blank to attend the Hazard
Analysis and Critical Control Point Workshop in Anaheim, January
20-21, 1993, with an expense allowance of $405.00. Motion
carried.
Communication from victor H. Vaits, Director of
Community Services, dated December 23, 1992, was presented,
advising that the following bids were received and opened
December 22, 1992 in accordance with Contract No. 513, Pavement
Maintenance of Various Streets:
SUlly-Miller Contracting Company
Boral Resources
Griffith Company
Shawan Corporation
Silvia Construction
Excel Paving Company
$256,203.67
289,216.93
299,503.71
304,717.55
307,828.40
308,782.14
4563
I
I
City Council Minutes
page 6
January 5, 1993
Industrial Asphalt
Fecit strata, Inc.
Amtek Construction
312,957.63
321,571.40
350,217.78
The bids have been reviewed and it is hereby recommended that the
contract be awarded to SUlly-Miller Contracting Company, 3000 E.
South Street, Long Beach, California 90805, on the basis of their
bid of $256,203.67 (lowest bid).
It was moved by Davis, seconded by Gonzales, that the
communication from the Director of Community Services dated
December 23, 1992 be received and filed, and that his
recommendation be approved. Motion carried.
RESOLUTION NO. 6191 - A Resolution of the City
council of the City of Vernon Accepting the Bid of Sully-Miller
Contracting Company for Pavement Maintenance of Various Streets
in Accordance with Contract No. 513 of the City of Vernon and
Approving the Execution of Said Contract, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6191 be approved and adopted. Motion carried.
Communication from victor H. Vaits, Director of
Community Services, dated December 23, 1992, was presented,
transmitting a fully executed Grant Deed from Ben Friend et. al.,
for street purposes, for a portion of property (approximately
1871 square feet) on the northerly line of Vernon Avenue, east of
Alameda. This has been reviewed by the City Attorney, and it is
hereby recommended that the Grant Deed be accepted and the
Certificate of Acceptance be approved and executed.
It was moved by Davis, seconded by Gonzales, to
accept the Grant Deed from Ben Friend et. al., and that the
Certificate of Acceptance be approved and executed. Motion
carried.
Communication from victor H. Vaits, Director of
Community Services, was presented, transmitting a fully executed
Grant Deed from The Plaza Market, for street purposes, for a
portion of property (approximately 4543 square feet) at the
northwest corner of Minerva and 26th Streets and a 15 foot strip
along the north side of 26th Street. This has been reviewed by
the City Attorney, and it is hereby recommended that the Grant
Deed be accepted and the Certificate of Acceptance be approved
and executed.
It was moved by McCormick, seconded by Davis, to
accept the Grant Deed from The Plaza Market, and that the
Certificate of Acceptance be approved and executed. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 28, 1992, was presented, requesting authority and
funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilman
William Davis to attend the California Contract cities
LegiSlative Orientation in Sacramento, January 19-21, 1993, with
an expense allowance of $718 each.
It was moved by Gonzales, seconded by Mccormick, that
authority be granted for the aforementioned City officials to
attend the California Contract cities Legislative Orientation in
Sacramento, January 19-21, 1993, with an expense allowance of
$718 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 28, 1992, was presented, requesting authority and
funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilmen
William McCormick and William Davis to attend the League of
California cities Mayors and Councilmembers Institute in San
4565
I
I
City Council Minutes
page 7
January 5, 1993
Francisco, January 27-29, 1993, with an expense allowance of $775
each.
It was moved by Gonzales, seconded by Davis, that
authority be granted for the aforementioned City officials to
attend the League of California cities Mayors and Councilmembers
Institute in San Francisco, January 27-29, 1993, with an expense
allowance of $775 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 29, 1992, was presented, advising that as a
"Condition" of the Conditional Use Permit previously granted to
Food Express, Inc., the traffic signal at the property was
required to be upgraded. Food Express, Inc. is the tenant of the
property owned by Phillips Family Trust located at 4280 Bandini
Boulevard, and transmitted herewith is an agreement between the
City and Phillips Family Trust pertaining to the traffic signal
upgrade. This has been reviewed by the Director of Community
Services and the City Attorney, and it is hereby recommended that
the agreement be approved and executed.
It was moved by Gonzales, seconded by Mccormick, that
the communication from the City Clerk dated December 29, 1992 be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6193 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Agreement By and Between the City of Vernon and
the Phillips Family Trust Providing for Payment, Installation,
and Operation of a Traffic Signal for a Driveway Access Opposite
Bonnie Beach Place at Bandini Boulevard, was presented.
It was moved by Davis, seconded by Mccormick, that
Resolution No. 6193 be approved and adopted. Motion carried.
Communication from victor H. Vaits, Director of
Community Services, dated December 29, 1992, was presented,
transmitting Contract No. 515, Rehabilitation of Reservoir 2-2.
This has been reviewed by the City Attorney, and it is hereby
recommended that the contract be approved and that authority be
granted to advertise for bids.
It was moved by Gonzales, seconded by Davis, that the
communication from the Director of Community Services dated
December 29, 1992 be received and filed, and that his
recommendation be approved. Motion carried.
RESOLUTION NO. 6194 - A Resolution of the City
Council of the City of Vernon Approving Contract No. 515 and
Authorizing Notice Inviting Sealed Proposals or Bids for
Rehabilitation of Reservoir 2-2 in Accordance with Contract No.
515 of the city of Vernon, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6194 be approved and adopted. Motion carried.
RESOLUTION NO. 6192 - A Resolution of the City
council of the City of Vernon Approving and Authorizing the
Execution of an Agreement By and Between the City of Vernon and
the Gardner Communications Group Providing for Newsletter
Preparation Services, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6192 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 30, 1992, was presented, transmitting a Supplement
to Aqreement for consultinq Services by ana between the city of
Vernon, Servcon, Inc. and Ogden Environmental and Energy Services
Company, Inc. Under this agreement the name of ERC Environmental
4564
City Council Minutes
page 8
January 5, 1993
and Energy services Company has been changed to Ogden
Environmental and Energy Services Company (which is the company's
new name), and the compensation has been changed from $135,695 to
$74,585. In other respects, the agreement stays essentially the
same. This has been reviewed by the Director of Community
Services and the City Attorney, and it is hereby recommended that
the agreement be approved and executed.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated December 30, 1992 be
received and filed, and that his recommendation be approved.
Motion carried.
I
RESOLUTION NO. 6196 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Supplement to Agreement for consulting Services By
and Between the City of Vernon, Servcon, Inc., and Ogden
Environmental and Energy Services Company, Inc., was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6196 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated December 31, 1992, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held January
4, 1993, for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Gonzales, that
the recommendations listed on the Agenda for the Personnel
Committee Meeting held January 4, 1993, be approved as submitted.
Motion carried.
WARRANT REGISTER NO. 854 covering claims and demands
presented during the period of December 11 thru December 30,
1992, drawn on the First Interstate Bank totaling $345,867.04,
which includes Demand Nos. 40107 thru 40331 (inClusive),
excluding Light & Power Demand Nos. 40161 thru 40163 (inclusive)
(accounting period January, 1993) was examined and audited.
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 854 be approved and payment authorized for
claims and demands totaling $345,867.04, excluding Light and
Power Demands. Motion carried.
WARRANT REGISTER NO. 854 covering claims and demands
presented during the period of December 11 thru December 30,
1992, drawn on the First Interstate Bank totaling $3,533,004.86,
which includes Light & Power Demand Nos. as listed below
(accounting period January, 1993) was examined and audited:
40117 40124 40143 40157 40188 40239 40280 40300
40118 40130 40144 40160 40205 40255 40284 40302
I 40119 40136 40145 40166 40208 40257 40290 40303
40120 40137 40148 40173 40221 40261 40291 40310
40121 40138 40150 40176 40223 40266 40294 40313
40122 40139 40155 40179 40227 40267 40295 40317
40123 40141 40156 40182 40229 40278 40299 40329
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 854 be approved and payment authorized for
claims and demands totaling $3,533,004.86. 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 a Confidentiality Agreement with the
California Public utilities Commission Respecting Pacific
Pipeline System, Inc. Crude oil Pipeline Project.
4563
I
I
City Council Minutes
page 9
January 5, 1993
David B. Brearley, City Attorney, addressed the City
Council and briefly summarized this matter, advising that the
City council authorize Victor Vaits, Director of community
Services, to execute the Letter Agreement on behalf of the City.
It was moved by McCormick, seconded by Davis, that
victor Vaits be authorized to execute the Letter Agreement with
the California Public utilities commission on behalf of the City
of Vernon. Motion carried.
The Mayor Pro Tem called a recess at 5:49 p.m.
The Council reconvened in regular session at 5:50
p.m.
It was moved by Gonzales, seconded by Davis, that the
Council go into Closed Session, Attorney/Client Privilege,
pursuant to Government Code section 54956.9(a), the time being
5:50 p.m. Motion carried.
All persons were excluded from Closed Session with
the exception of the City Clerk, City Attorney and Director of
Community Services.
The Mayor Pro Tem ordered all communications to and
from Closed Session deemed privileged and confidential.
The Director of Community Services was excused at
5:55 p.m.
It was moved by McCormick, seconded by Gonzales, that
the Council go out of Closed Session, Attorney/Client Privilege,
and resume regular session, the time being 5:57 p.m. Motion
carried.
It was moved by McCormick, seconded by Davis, that
the Council go into Closed Session, Personnel, pursuant to
Government Code section 54957, the time being 5:58 p.m. Motion
carried.
All persons were excluded from Closed Session with
the exception of the City Clerk and the City Attorney.
The Mayor Pro Tem ordered all communications to and
from Closed Session deemed privileged and confidential.
Police Chief Louis Rosenkrantz was called into Closed
Session at 6:06 p.m.
The Mayor Pro Tem again ordered all communications to
and from Closed Session deemed privileged and confidential.
Chief Rosenkrantz was excused at 6:14 p.m.
Councilman McCormick was excused at 6:15 p.m.
Chief Rosenkrantz and Sergeant Mason Chancey were
called into Closed Session at 6:16 p.m.
The Mayor Pro Tem again ordered all communications to
and from Closed Session deemed privileged and confidential.
Sgt. Chancey was excused at 6:52 p.m.
Sgt. Chancey was called back into Closed Session at
7:03 p.m.
Chief Rosenkrantz and sgt. Chancey were excused at
7:05 p.m.
45,62
I
I
City Council Minutes
page 10
January 5, 1993
It was moved by Gonzales, seconded by Davis, that the
Council go out of Closed session, Personnel, and resume regular
session, the time being 7:10 p.m. Motion carried.
It was moved by Davis, seconded by Gonzales, that
Sergeant Mason Chancey be disciplined in the manner set forth
during Closed Session based upon his violation of the Police
Department POlicy. Motion carried.
There being no further business to come before the
Council at this time, it was moved by Gonzales, seconded by
Davis, that the meeting adjourn. Motion carried.
'-~ ~
// ..... ~t"v6v v Cl/ /(zj~rc..c:-
Thomas A. YJ6arra
Mayor Pro Tem
ATTEST:
d-
u~
Bruce V. Malkenhorst
City Clerk
4561