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19930202 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 2, 1993 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, Gonzales, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by McCormick, that the Minutes of the Adjourned Regular City Council Meeting held January 26, 1993, be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period January 16 thru 31, 1993, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period January 16 thru 31, 1993, be received and filed. Motion carried. Fire Department Activity Report for the period January 16 thru 31, 1993, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period January 16 thru 31, 1993, be received and filed. Motion carried. The City Clerk advised that now was the time for anyone in the audience to address the City Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the City Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. There was no one present in the audience who wished to address the City Council at this time. It was moved by Gonzales, seconded by Ybarra, to open the Hearing (continued from January 26, 1993) regarding the Appeal by JCI Environmental Services of the Notice to Submit a Closure Plan for the 4301 Downey Road site, the time being 5:12 p.m. Motion carried. Victor Muniz, Vice President, JCI Environmental Services, located at 4301 Downey Road, addressed the city Council, regarding the notice to submit a Closure Plan for that location. Mr. Muniz referred to the January 13th and 25th, 1993 reports of Lewis Pozzebon, Director of Environmental Health. David B. Brearley, City Attorney, advised that if Mr. Muniz had any evidence on this matter he should submit it at this time. Mr. Muniz: Yes, I do have evidence but I have several questions also. Mr. Brearley: Again, you must submit anything that you consider to be evidence, whether it is by report or documents, in order for the Council and staff to review it. Councilman Gonzales: Have you made any attempts to contact Mr. Pozzebon and get your questions answered. 4596 I I city council Minutes February 2, 1993 page 2 Mr. Muniz: I didn't realize that was an option open to me. Mr. Brearley: You're here today to appeal the denial of the variance. The City council is here today to act on this matter only, not to respond to questions which staff has not had an opportunity to review. You can proceed with your comments; however, we may not be able to respond to them today. Mr. Muniz: In the January 13 report it states JCI was washing hazardous waste equipment in an exterior area. Was the equipment even inspected? What was the nature of the washing? These matters are not addressed and I believe they should be. Spills are referenced but not identified or is location referenced. Also, no mention of citations is made or documented. The only spill that JCI had took place in 1991 when a washer used for trucking equipment spilled detergent. Were any violations issued? No. Any notice? No. stained exterior area, where? No citations have ever been issued to JCI. Where is the Burden of Proof? When did the city notice cracks in the pavement? Regarding the January 25 memo, why was this document prepared after the deadline date of January 21 that I was given? When did the City take on the duties of protecting the property owner? This is what it appears you are doing. Regarding the January 25 memo and Ordinance No. 961, it is stated that a list of materials must be submitted. We do not believe that any materials stored on that site are hazardous. They are items such as motor oil, grease, detergent motor oil, solvent, and steam Con (a motor oil detergent). These are items that could be bought over the counter. Mr. Muniz submitted as evidence a list of materials kept on site and amounts which were marked as "Exhibit A." Mr. Muniz: The Closure Plan discussed in the January 25 report - again, is this only to protect the property owner? The first report refers to cracks in the property. When did they develop? Couldn't property owners have created the problems? What justifies the Closure Plan or a Geo Technical Investigation? This should not be the company, but should be the property owner. requirement. What section of state Regulation requires this type of investigation? What elements must be present in order to demand this type of "plan" or investigation? Was a Conditional Use Permit issued JCI while at 4301 Downey? No. Why not? Were any citations issued to JCI? Addresses 4301 and 4317 are the same land owner. Entrances to the property are open to both parcels of land. The 4317 property affects the 4301 property. Also, there was a fuel pumping facility at the northeast quadrant of JCI property but it was removed. Any soil or geo tech performed on this site was prior to our occupancy. Did 4317 have a Conditional Use Permit? Did owner reoccupy in February, 1992? Yes. Section 25.246 of the H & S - is closure based upon this? This deals with hazardous waste control; 25117.1 of the H & S pertaining to Hazardous Waste Facility; 25246 of the H & S Facility Closure - what law are you trying to abide by, yours or the state. Our appeal is based on the fact that material on our property is available over the counter and is not solely for our company use. 4595 I I City Council Minutes page 3 February 2, 1993 Was any closure plan at 4301 or 4317 ever required? Any samplings prior to our occupancy at 4301? what action has been taken against the owner of 4301 and 4317? What is history of site at 4301? It has been in use since 1926. I have here copies of Notice of violations issued by Los Angeles County Sanitation District for said property. Mr. Muniz also submitted documents referenced above which were marked as "Exhibit B." Mr. Muniz also submitted a report from Los Angeles County Sanitation District dated May 3, 1988 and marked as "Exhibit C." Mr. Muniz stated that based on all of the above they feel that the Closure Plan is fully the responsibility of the owner of the property. We have reviewed the laws and Health & Safety Codes; unsubstantiated evidence submitted by your Health Department - the property owner is being protected here. JCI has had no violation pertaining to hazardous waste. I ask again that your Health Department look at the spills at this joint site and not place the full responsibility upon us; however, put the burden of proof on your Health Department and ask that you come back with a favorable appeal Mr. Brearley: Your Honor, I suggest that we continue this matter to the next meeting. Some legal questions have been raised and my office will prepare a legal opinion which will be available by the next City Council meeting after we have had an opportunity to review Mr. Muniz's Exhibits and the information he brought up today. It was moved by McCormick, seconded by Gonzales, that the Exhibits submitted by victor Muniz listed above as "A", "B" and "c" be accepted for review. Motion carried. It was moved by Gonzales, seconded by McCormick, to continue the Hearing regarding the Appeal by JCI Environmental Services to the next City Council Meeting to be held February 16, 1993, the time being 5:56 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the Public Hearing to consider an application from Magic Foam for a Variance to allow the owner to utilize two non-conforming truck docks at 4340 49th Street, the time being 5:57 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 January 20, 1993, was presented, advising that Magic Foam has requested a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4340 49th Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has two non-conforming truck docks measuring 9 feet wide and 30.7 feet from the street right-of-way. The company is proposing to use only vehicles measuring less than 30 feet in length at these docks. This has been reviewed by the Director of 4594 I I City council Minutes page 4 February 2, 1993 Community Services and the City Attorney, and it is hereby recommended that the Variance be granted with the following Condition: 1. The usage of the loading spaces be limited to vehicles with a maximum length of 30 feet. The Mayor asked if there was anyone in the audience who had any questions on this matter. There were no questions. It was moved by Davis, seconded by Gonzales, to close the Public Hearing with regard to the application from Magic Foam for a variance, the time being 6 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated January 20, 1993, be received and filed, and that the Variance be granted to Magic Foam contingent upon the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6208 - A Resolution of the City Council of the City of Vernon Granting a Variance to Magic Foam from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 4340 49th Street in the city of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6208 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by McCormick, to open the Public Hearing to consider a request from Lifestyle Bedding Company for a Variance to allow the owner to utilize five non-conforming truck docks at 4940 District Boulevard, the time being 6:01 p.m. Motion carried. Victor Vaits, Director of Community Services, addressed the City Council and briefly summarized this matter for them. Communication from Bruce V. Malkenhorst, city Clerk, dated January 25, 1993, was presented, advising that Lifestyle Bedding Company has requested a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4940 District Boulevard, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has five non-conforming truck docks four of which measure approximately 9 feet wide and 30 feet from the street right-of-way. The fifth dock measures 10 feet wide and 30.8 feet from the street right-of-way. The company is proposing to use only vehicles measuring less than 30 feet in length at these docks. This has been reviewed by the Director of community Services and the City Attorney, and it is hereby recommended that the Variance be granted with the following Condition: 1. The usage of the loading spaces be limited to vehicles with a maximum length of 30 feet. Mayor Malburg asked if the docks were on District Boulevard. 4593 I I City Council Minutes page 5 February 2, 1993 Mr. vaits responded no, the docks were on 50th street. The Mayor asked if there were any more questions. There were no questions. It was moved by McCormick, seconded by Davis, to close the Public Hearing regarding the request from Lifestyle Bedding Company for a Variance, the time being 6:03 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated January 25, 1993, be received and filed, and that the Variance be granted to Lifestyle Bedding Company contingent upon Condition No.1. Motion carried. RESOLUTION NO. 6207 - A Resolution of the City Council of the City of Vernon Granting a Variance from section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Building Located at 4940 District Boulevard, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6207 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the Public Hearing regarding The City of Vernon's Water Shortage Contingency Plan Addendum to Urban Water Management Plan, the time being 6:03 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 January 28, 1993, was presented, transmitting the Water Shortage Contingency Plan Addendum to the Urban Water Management Plan as submitted by the Community services Department. This Plan states what parameters the City must follow in the case of a water shortage. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that said Plan be approved. David B. Brearley, City Attorney, asked if the restrictions noted are what are mandated by the state. Mr. Vaits replied, yes. The Mayor asked if anyone in the audience had any questions. There were no questions. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the City of Vernon's Water Shortage Contingency Plan Addendum to Urban Water Management Plan, the time being 6:07 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated January 28, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6205 - A Resolution of the City Council of the City of Vernon Adopting the City of Vernon Water Shortage Contingency Plan Addendum to Urban Water Management Plan, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6205 be approved and adopted. Motion carried. 4592 I I City Council Minutes page 6 February 2, 1993 It was moved by Gonzales, seconded by Ybarra, to open the Hearing for Determination of the Disability Retirement of Gerald K. Lohrke, the time being 6:07 p.m. Motion carried. The City Clerk stated that he notified Mr. Lohrke by letter dated December 29, 1992, wherein he advised him that recommendation to deny his disability retirement request will be made to city Council based upon all the medical information provided. It was moved by Gonzales, seconded by McCormick, to close the Hearing regarding the Determination of the Disability Retirement of Gerald K. Lohrke, the time being 6:08 p.m. Motion carried. RESOLUTION NO. 6209 - A Resolution of the City council of the city of Vernon Denying the Disability Retirement of Gerald K. Lohrke, a Local Safety Member Employed by the City of Vernon (Government Code sections 21024 and 21025), was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6209 be approved and adopted. It was moved by Gonzales, seconded by Davis, to open the Hearing for Determination of the Disability Retirement of Donald Glaze, the time being 6:08 p.m. Motion carried. The City Clerk stated that he notified Mr. Glaze by letter dated December 29, 1992, wherein he advised him that recommendation to deny his disability retirement request will be made to City Council based upon all the medical information provided. It was moved by Gonzales, seconded by McCormick, to close the Hearing for Determination of the Disability Retirement of Donald Glaze, the time being 6:09 p.m. Motion carried. RESOLUTION NO. 6210 - A Resolution of the City Council of the City of Vernon Denying the Disability Retirement of Donald Glaze, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21024 and 21025), was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6210 be approved and adopted. Motion carried. Communication from Fire Chief Dave Telford dated January 19, 1993, was presented, requesting authority and funds to attend the California Fire Chiefs Association/Fire Prevention Officers Third Annual Workshop and Conference in San Luis Obispo, March 15-19, 1993, with an expense allowance of $738.75. It was moved by Ybarra, seconded by Davis, that authority be granted for Chief Dave Telford to attend the California Fire Chiefs Association/Fire Prevention Officers Third Annual Workshop and Conference in San Luis Obispo, March 15-19, 1993, with an expense allowance of $738.75. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 25, 1993, was presented, requesting authority and funds for Police Officers Gonzalo Martinez and Robert Osborne to attend Laser Firearms Training at Biscaluiz Center, February 25, 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 Police Officers Gonzalo Martinez and Robert Osborne to attend Laser Firearms Training at Biscaluiz Center, February 25, 1993, with an expense allowance of $106.16 each. Motion carried. 4591 I I City council Minutes page 7 February 2, 1993 Communication from Bruce V. Malkenhorst, City Clerk, dated January 26, 1993, was presented, requesting authority and funds for himself, Mayor Pro Tern Thomas Ybarra, and Councilmen Hilario Gonzales and William Davis to attend the California Society of Municipal Finance Officers Annual Seminar in Santa Clara, February 16-20, 1993, with an expense allowance of $1198 each. It was moved by Mccormick, seconded by Gonzales, that authority be granted for the aforementioned city officials to attend the California society of Municipal Finance Officers Annual Seminar in Santa Clara, February 16-20, 1993, with an expense allowance of $1198 each. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated January 26, 1993, was presented, requesting authority and funds for Civil Engineer Brian Adel to attend the "What's New in Asphalt Pavement" Seminar in Irvine, February 24, 1993, with an expense allowance of $100.75. It was moved by Ybarra, seconded by Davis, that authority be granted for Brian Adel to attend the "What's New in Asphalt Pavement" Seminar in Irvine, February 24, 1993, with an expense allowance of $100.75. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 27, 1993, was presented, requesting authority and funds for himself and Councilman William Davis to attend the California Municipal utilities Association Annual Conference in Napa Valley, California, March 2-5, 1993, with an expense allowance of $1115 each. It was moved by McCormick, seconded by Ybarra, that authority be granted for the aforementioned City officials to attend the California Municipal utilities Association Annual Conference in Napa Valley, California, March 2-5, 1993, with an expense allowance of $1115 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 27, 1993, was presented, requesting authority and funds for himself, Mayor Leonis C. Malburg, Mayor Pro Tern Thomas Ybarra, and Councilmen William Davis and william McCormick to attend the League of California cities Employee Relations Institute in San Francisco, February 24-25, 1993, with an expense allowance of $818 each. It was moved by Gonzales, seconded by Ybarra, that authority be granted for the aforementioned City officials to attend the League of California cities Employee Relations Institute in San Francisco, February 24-25, 1993, with an expense allowance of $818 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 28, 1993, was presented, transmitting an Agreement with All City Management Services, Inc., for Crossing Guard Services as submitted by the Chief of Police. This agreement has been reviewed by the City Attorney and it is hereby recommended that the agreement be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the city Clerk dated January 28, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6206 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for School Crossing Guard Services Between the City of Vernon and All City Management Services, Inc., was presented. 4590 I I -, City Council Minutes page 8 February 2, 1993 It was moved by McCormick, seconded by Gonzales, that Resolution No. 6206 be approved and adopted. Motion carried. ORDINANCE NO. 1011 - An Ordinance of the City Council of the City of Vernon Amending sections 23.1, 23.2, 23.3, 23.4, 23.6 and 23.11 of the Code of the City of Vernon Regarding Taxicabs and Taxicab stands in the city of Vernon, was read by title for a FIRST READING. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1011 be approved for a First Reading. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 28, 1993, was presented, recommending that the following personnel actions be approved: REIMBURSEMENTS James Siegert, Power Plant superintendent, be reimbursed $303.97 from the Education arid Training Appropriation Account for his satisfactory completion of courses taken at University of Phoenix, related to his position with the city. It was moved by Ybarra, seconded by Gonzales, to reimburse James Siegert $303.97 from the Education and Training Appropriation Account. Motion carried. MERIT STEP INCREASES Deborah Medina, Utility Clerk, Step 7 in the Light and Power Department, be granted a merit step increase to Utility Clerk, Step 6, with a new monthly base salary of $2115, effective February 21, 1993, based on her satisfactory job performance during the past year. It was moved by Ybarra, seconded by Davis, to grant Deborah Medina a merit step increase to Utility Clerk, Step 6 effective February 21, 1993. Motion carried. Audra Hunter, Secretary, Step 5 in the Light & Power Department, be granted a merit step increase to Secretary, Step 4, with a new monthly base salary of $2916, effective February 21, 1993, based on her satisfactory job performance during the past year. It was moved by Ybarra, seconded by Davis, to grant Audra Hunter a merit step increase to Secretary, Step 4, effective February 21, 1993. Motion carried. Jose Alvarez, Utilityman III, Step 3 in the Community Services Department, be granted a merit step increase to Utilityman III, Step 2, with a new monthly base salary of $2620, effective February 21, 1993, based on his satisfactory job performance during the past year. It was moved by Davis, seconded by Gonzales, to grant Jose Alvarez a merit step increase to Utilityman III, Step 2, effective February 21, 1993. Motion carried. WARRANT REGISTER NO. 856 covering claims and demands presented during the period of January 22 thru 28, 1993 drawn on the First Interstate Bank totaling $75,027.84, which includes Demand Nos. 40585 thru 40675 (inclusive), excluding Light & Power Demands and Void Demand Nos. 40608 and 40609 (accounting period February, 1993) was examined and audited. It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 856 be approved and payment authorized for claims and demands totaling $75,027.84, excluding Light & Power Demands. Motion carried. 45B9 I I City Council Minutes page 9 February 2,1993 WARRANT REGISTER NO. 856 covering claims and demands presented during the period of January 22 thru 28, 1993, drawn on the First Interstate Bank totaling $1,311,147.63, which includes Light & Power Demand Nos. as listed below (accounting period February, 1993) was examined and audited: 40586 40590 40592 40593 40594 40596 40602 40603 40606 40645 40658 40667 40669 40671 40674 40617 40621 40623 40639 40641 40643 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 856 be approved and payment authorized for claims and demands totaling $1,311,147.63. Motion carried. Councilman Davis abstained from voting and disqualified himself because. it is reasonably foreseeable that the decision may have material financial effect on his source of income. The Mayor called a recess at 6:25 p.m. The Council reconvened in regular session at 6:27 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 6:41 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 ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:57 p.m. Motion carried. It was moved by Davis, seconded by Gonzales, that utilityman Victor Modesto be terminated effective at the end of this business day. Motion carried. It was moved by Ybarra, seconded by McCormick, that utilityman Daniel Estrada be terminated effective at the end of this business day. Motion carried. It was moved by McCormick, seconded by Ybarra, that utilityman Jeff Wightman be issued disciplinary action for violation of City Policy, and that he be suspended five (5) days (a minimum of one day to be without pay with the balance to be any personal time that he presently has on the books); and that he enroll in and satisfactorily complete an Alcohol/Drug Rehabilitation Program at his expense and attend on his own time. Motion carried. It was moved by Gonzales, seconded by Ybarra, that utilityman Roy Ness be issued disciplinary action for violation of City Policy, and that he be suspended five (5) days (a minimum of one day to be without pay with the balance to be any personal time that he presently has on the books); and that he enroll in and satisfactorily complete an Alcohol/Drug Rehabilitation Program at his expense and attend on his own time. Motion carried. 45&8 I I City Council Minutes page 10 February 2, 1993 It was moved by Davis, seconded by McCormick, that Utilityman Juan Garcia be issued disciplinary action for violation of City Policy, and that he be suspended five (5) days (a minimum of one day to be without pay with the balance to be any personal time that he presently has on the books); and that he enroll in and satisfactorily complete an Alcohol/Drug Rehabilitation Program at his expense and attend on his own time. Motion carried. It was moved by Ybarra, seconded by Davis, that utilityman Jaime De La Rosa be directed to enroll in and satisfactorily complete an Alcohol/Drug Rehabilitation Program. at his expense and attend on his own time. Motion carried. It was moved by Gonzales, seconded by Ybarra, that Police Lt. Don Green be issued two (2) days suspension without pay, one of which will be held in abeyance for 12 months, and if any other incident occurs requiring disciplinary action, said one day will be issued at that time in addition to whatever is determined necessary for the latest incident. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Code sections 54956.9(a) and 54956.9(c), the time being 6:58 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk and the City Attorney. The Mayor 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, Attorney/Client Privilege, and resume regular session, the time being 7:07 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the City Attorney be authorized to join in the filing of an Amicus Brief in support of the Board of Directors of the Orange County Employees Retirement System in the case entitled Freedom Newspapers v. Board of Directors, civil Number S029178. Motion carried. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by Davis, that the meeting adjourn. ~~' . Leonis C. Malb.. ~g yor AT/t___/~ Bruce V. Malkenhorst City Clerk 4587