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19930323 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 23, 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, 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 Adjourned Regular City Council Meeting held March 9, 1993, be approved as submitted and adopted. Motion carried. The City Clerk called the names of the following employees who were in attendance at the Council Meeting to be recognized for their exemplary service in maintaining perfect attendance with the City, and the Mayor extended congratulations on behalf of the City Council: Francisco Tostado, Firefighter Pilar Arguello, Utilityman Sergio Rodriguez, W/P Dispatcher Dave Telford, Fire Chief 2 years 3 years 3 years 7 years The following employees were not in attendance at the meeting; however, awards were accepted from the Mayor by their respective department heads: Julio Valdez, System Operator John Doersam, Firefighter 2 years 3 years The Mayor called a recess at 5:05 p.m. The Council reconvened in regular session at 5:08 p.m. , all members present before the recess again being present. Police Department Activity Log for the period March 1 thru 15, 1993, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period March 1 thru 15, 1993, be received and filed. Motion carried. Fire Department Activity Report for the period March 1 thru 15, 1993, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period March 1 thru 15, 1993, be received and filed. Motion carried. Health Department Report for the month of February, 1993, was presented. It was moved by McCormick, seconded by Gonzales, that the Health Department Report for the month of February, 1993, be received and filed. Motion carried. Risk Management Report for the month of February, 1993, was presented. It was moved by Davis, seconded by Ybarra, that the Risk Management Report for the month of February, 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. 4621 I I Adjourned Regular City Council Meeting Minutes March 23, 1993 Page 2 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 in the audience who wished to address the Council. It was moved by Gonzales, seconded by Ybarra, to open the Public Hearing to obtain testimony regarding the Draft Environmental Impact Report concerning the application for a Conditional Use Permit from Servcon-Vernon, Inc. to allow the construction and operation of a materials recovery and transfer facility at 3677 Bandini Boulevard, the time being 5:10 p.m. Motion carried. victor H. Vaits, Director of Community services, addressed the City Council and briefly summarized this project for them. There was a Court Reporter present to take all comments and testimony given during this part of the Public Hearing. Mr. Vaits submitted a transmittal letter that included copies of five communications which had been submitted by the below listed agencies: 1. Los Angeles County Sanitation District dated February 22, 1993 2. Los Angeles Unified School District dated February 26, 1993 3. Southern California Association of Governments dated February 27, 1993 4. Los Angeles County Department of Health Services dated March 16, 1993 5. State of California Department of Transportation dated March 17, 1993 The following persons gave testimony and/or their comments at this time: 1. Gary Lopez 2. Anthony Jude Thorpe 3. Camilo Cadenas 4. Chris Mathis 5. John Cunningham 6. Ruben McDavid 7. Martha Molina-Aviles 8. Martin Hernandez 9. Aurora Castillo 10. Sister Valeria Foltz 11. Jane Williams It was moved by McCormick, seconded by Davis, to close the Public Hearing for testimony regarding the application for a Conditional Use Permit from Servcon-Vernon, Inc., the time being 6:08 p.m. Motion carried. It was moved by Ybarra, seconded by Mccormick, to open the Public Hearing to consider a request from A & R Management and Development Company and Stanley Black for a Variance to replace a small percentage of the required automobile parking spaces with additional truck loading spaces at property located at 2350-2392 48th street, 4871 Santa Fe Avenue, 2221-2241 4620 I I Adjourned Regular City Council Meeting Minutes March 23, 1993 Page 3 49th street, and 2275-2375 49th street, the time being 6:09 p.m. Motion carried. (Deferred from the City Council Meeting held March 9, 1993.) victor H. Vaits, Director of Community services, addressed the City Council and briefly summarized this matter. Communication (deferred from the City Council Meeting held March 9, 1993) from Bruce V. Malkenhorst, City Clerk, dated March 3, 1993, was presented, advising that A & R Management and Development Company and Stanley Black have requested a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-6, Automobile Parking Requirements, for the buildings located at 2350-2392 48th Street, 4871 Santa Fe Avenue, 2221-2241 49th Street and 2275-2375 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 applicants are proposing to construct a 39,100 square foot food distribution facility on the site. The lot has sufficient space to meet the parking and loading requirements of the city's Zoning Ordinance. The developer is requesting to substitute required automobile parking spaces with additional truck loading spaces directly adjacent to existing loading docks that serve current tenants. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Variance be granted allowing 96 automobile parking spaces to be substituted with truck loading spaces contingent upon the following Conditions: 1. A minimum of 472 automobile parking spaces shall be provided; 2. No vehicles shall be allowed to park over the fire access roadway; 3. If anyon-street parking is generated by the facility's operation, the additional loading spaces allowed by this Variance shall either be reduced until all on-street parking is eliminated, or the required number of automobile parking spaces, as specified in the Zoning Ordinance, is provided. Councilman Gonzales asked if all the parking spaces are presently being utilized. Mr. vaits stated no, they are not. Mayor Malburg asked what kind of operation this was. Mr. Vaits advised that there is a total of approximately 334,404 square feet to be utilized for a combination of manufacturing, warehousing and office space associated with these operations. Councilman McCormick asked what type of manufacturing. Mr. vaits said there is a woodworking operation, apparel, some warehousing, and cold food storage. Since the parking is not being utilized, we are requesting at this time to utilize the extra parking spaces for truck loading spaces. 461~ I I Adjourned Regular City Council Meeting Minutes March 23, 1993 Page 4 David B. Brearley, City Attorney, asked who owns the site. Mr. Vaits said A & R Management and Development Company and stanley Black. The Mayor asked if there was anyone in the audience who had any questions. There were no questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing with regard to the variance request by A & R Management and Development Company and Stanley Black, the time being 6:25 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the communication and supporting documents from the City Clerk dated March 3, 1993 be received and filed. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Variance be granted to A & R Management and Development Company and Stanley Black contingent upon the aforementioned Condition Nos. 1 thru 3. Motion carried. RESOLUTION NO. 6219 - A Resolution of the City Council of the City of Vernon Granting a variance to A & R Management and Development Company and Stanley Black from section 26.4.2-6, Automobile Parking Requirements, of the Comprehensive Zoning Ordinance, for Property located at 2350-2392 48th Street, 4871 Santa Fe Avenue, 2221-2241 49th Street, and 2275-2375 49th Street in the City of Vernon, was presented. (Deferred from the City Council Meeting held March 9, 1993.) It was moved by McCormick, seconded by Ybarra, that Resolution No. 6219 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated February 4, 1993, was presented, requesting authority and funds for Dispatcher Julie Vicuna to attend the Complaint Dispatcher Course at Golden West College, April 19-30, 1993, with an expense allowance of $293.50 of which $236 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Julie Vicuna to attend the Complaint Dispatcher Course at Golden West College, April 19-30, 1993, with an expense allowance of $293.50. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 4, 1993, was presented, requesting authority and funds for Lieutenant Les Brown to attend the Labor Police Management Seminar in Palm Springs, May 21-22, 1993, with an expense allowance of $374.20. It was moved by Davis, seconded by Ybarra, that authority be granted for Lt. Les Brown to attend the Labor Police Management Seminar in Palm Springs, May 21-22, 1993, with an expense allowance of $374.20. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 9, 1993, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilmen Hilario Gonzales and William Davis to attend the California Municipal Treasurers Association 34th Annual Conference in Dana Point, April 20-23, 1993, with an expense allowance of $950 each. It was moved by McCormick, seconded by Ybarra, that authority be granted for the aforementioned City officials to attend the California Municipal Treasurers Association 34th Annual Conference in Dana Point, April 20-23, 1993, with an expense allowance of $950 each. Motion carried. 4618 I I Adjourned Regular City Council Meeting Minutes March 23, 1993 Page 5 Communication from Bruce V. Malkenhorst, City Clerk, dated March 9, 1993, was presented, transmitting an Agreement for Special Services with the law firm of Liebert, Cassidy & Frierson. This is a combined agreement which provides for employee training workshops at an annual cost of $1,680, and additional representational and other employment relations services at an hourly fee of $125 to 195 per hour for attorney staff and $75 per hour for paralegal staff. This has been reviewed by the Risk Manager/Personnel Assistant and the City Attorney, and it is hereby recommended that said agreement be approved and executed to be effective February 15, 1993. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated March 9, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6227 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Special Services By and Between the City of Vernon and Liebert, Cassidy & Frierson, a Professional Corporation, to Provide Special Legal services Pertaining to Employment Relations Matters and For Participation By the City in the South Bay Employee Relations Consortium Training Session in 1993, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6227 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 11, 1993, was presented, transmitting the California- Oregon Transmission Project Operation and Maintenance Agreement which provides for the conduct and payment for the operation and maintenance of the COTP. This has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that said agreement be approved and executed. It was moved by Davis, seconded by Ybarra, that the communication from the City Clerk dated March 11, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6229 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a California-Oregon Transmission Project Operation and Maintenance Agreement ("POMA") By and Between the Transmission Agency of Northern California, Western Area Power Administration, the city of Vernon, the Southern San Joaquin Valley Power Authority, Shasta Dam Area Public utility District, Carmichael Water District, San Juan Suburban Water District and the California Department of Water Resources, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6229 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 11, 1993, was presented, transmitting the California- Oregon Transmission Project and Western Area Power Administration Facilities Interconnection Agreement which sets forth the terms and conditions for the interconnection of the COTP with Western's electric system and provides for the continued interconnection and parallel operation of the COTP with Western's electric system. This has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that said agreement be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated March 11, 1993 be received and filed, and that his recommendation be approved. Motion carried. 4.617 I I Adjourned Regular City Council Meeting Minutes March 23, 1993 Page 6 RESOLUTION NO. 6230 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a California-oregon Transmission Project Western Area Power Administration Facilities Interconnection Agreement ("WESTERN I/A") By and Between the Transmission Agency of Northern California, Western Area Power Administration, the City of Vernon, the Southern San Joaquin Valley Power Authority, Shasta Dam Area Public Utility District, Carmichael Water District, San Juan Suburban Water District and the California Department of Water Resources, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6230 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 15, 1993, was presented, advising that the Los Angeles County Department of Public Works, on behalf of Los Angeles County Flood Control District, is interested in purchasing a parcel of land (AMB Parcel No. 6303-005-014) located within the Los Angeles River just south of the 37th Street bridge for flood control purposes. The taxes on the parcel have been delinquent since 1979 and the purchase price is $25. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the selling price be approved and accepted, and the agreement be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated March 15, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6224 - A Resolution of the city Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Purchase Tax-Defaulted Property By and Between the Board of Supervisors of Los Angeles County and the Los Angeles County Flood Control District and the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6224 be approved and adopted. Motion carried. Communication from Fire Chief Dave Telford, dated March 18, 1993, was presented, requesting authority and funds for Battalion Chiefs Richard Wiles and Gary Wiskus to attend the California Fire Instructors' Workshop '93 in San Jose, April 19- 23, 1993, with an expense allowance of $981 and $441 respectively. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Battalion Chiefs Richard Wiles and Gary wiskus to attend the California Fire Instructors' Workshop '93 in San Jose, April 19-23, 1993 with an expense allowance of $981 and $441 respectively. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 18, 1993, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held March 22, 1993, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Adjourned Regular Personnel Committee Meeting held March 22, 1993, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 18, 1993, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee Meeting held March 15, 1993, for approval of the recommendations contained therein. 4616 I I Adjourned Regular City Council Meeting Minutes March 23, 1993 Page 7 It was moved by MCCormick, seconded by Ybarra, that the recommendations listed on the Minutes of the Adjourned Regular Finance Committee Meeting held March 15, 1993, be approved and adopted. Motion carried. RESOLUTION NO. 6225 - A Resolution of the City Council of the City of Vernon Authorizing the Department of General Services of the state of California to Purchase Two (2) Ford Taurus Automobiles, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6225 be approved and adopted. Motion carried. RESOLUTION NO. 6226 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6121, Which Approved a Budget for the Fiscal Year 1992-93, To Reflect Increases, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6226 be approved and adopted. Motion carried. RESOLUTION NO. 6228 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 5760 to Provide for the Establishment of a Low Emission Assistance Program ("LEAP") and the Establishment of Electrical Rates to be Charged for Electrical Energy Distributed and Supplied by Said City Within Its Boundaries Pursuant to Said Program by Adding New Schedule LEAP, Exhibit "0", was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6228 be approved and adopted. Motion carried. WARRANT REGISTER NO. 859 covering claims and demands presented during the period of March 5 thru 18, 1993, drawn on the First Interstate Bank totaling $276,496.49, which includes Demand Nos. 41099 thru 41301 (inclusive), excluding Light & Power Demands and Void Demand Nos. 41143 thru 41145 (inclusive) (accounting period March, 1993) was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 859 be approved and payment authorized for claims and demands totaling $276,496.49, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 859 covering claims and demands presented during the period of March 5 thru 18, 1993, drawn on the First Interstate Bank totaling $1,407,994.13, which includes Light & Power Demand Nos. as listed below (accounting period March, 1993) was examined and audited: 41113 41115 41122 41123 41124 41131 41133 41134 41135 41138 41140 41147 41162 41163 41168 41236 41242 41259 41275 41276 41287 41289 41290 41297 41301 41173 41174 41179 41185 41187 41193 41196 41197 41208 41220 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 859 be approved and payment authorized for claims and demands totaling $1,407,994.13. 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. 440 covering claims and demands presented during the period of January 10 thru February 6, 1993, drawn on the First Interstate Bank totaling $1,485,027.81 which includes Demand Nos. 6894 thru 6937 (inclusive) (accounting period February, 1993), was examined and audited. ... 461~} I I Adjourned Regular City Council Meeting Minutes March 23, 1993 Page 8 It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 440 be approved and payment authorized for claims and demands totaling $1,485,027.81. Motion carried. The Mayor called a recess at 6:53 p.m. The Council reconvened in regular session at 6:55 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 6:55 p.m. All persons were excluded from Closed Session with the exception of the City Clerk, City Attorney, Chief of Police and Police Captain Mason. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Police Chief Rosenkrantz, and Police Captain Mason were excused at 7:16 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session, Personnel, and resume regular session, the time being 7:34 p.m. 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 7:35 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. Mayor Malburg was excused from Closed Session at 7:36 p.m. Mayor Malburg returned to Closed Session and assumed his seat on the Council at 7:40 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session, Attorney/Client Privilege, and resume regular session, the time being 7:41 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Law Firm of Whitten and Diamond be retained to provide service to the City and that the City Administrator be authorized to execute a six month Letter Agreement. Motion carried. It was moved by McCormick, seconded by Gonzales, that the meeting adjourn in memory of the City of Bell Mayor Jay B. Price who passed away on March 23, 1993. Motion carried. ATT~ /<;- Bruce V. Malkenhorst City Clerk ~~~ P-(Leonis c. Mal urg . . i Mayor /~ 4614 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 MARCH 16, 1993 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY CLERK (QUORUM NOT PRESENT) TO TUESDAY, MARCH 23, 1993 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA ~c J /J ~ \!/~.~Vo 0?dLi!J:'"dut/~.;n,- Bruce V. Malkenhorst ~ City Clerk ", , Q1-&~ NOA