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19930921 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 21, 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, Gonzales, 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 City Council Meeting held September 7, 1993, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 16, 1993, was presented, advising that the below listed employees have qualified in the month of August for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance. Date of Hire Employee Award OS/27/84 Manuel Garcia, Chief W/P Dispatcher 7 years The Mayor presented the award to Mr. Garcia and extended his congratulations on behalf of the entire City Council. The below listed employee was unable to attend the meeting and the award was accepted by the Fire Chief: 02/01/70 Larry Weaver, Fire Captain 3 years The Mayor called a recess at 5:04 p.m. The Council reconvened in regular session at 5:05 p.m., all members present before the recess again being present. Police Department Activity Log for the period September 1 thru 15, 1993, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period September 1 thru 15, 1993, be received and filed. Motion carried. Fire Department Activity Report for the period September 1 thru 15, 1993, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period September 1 thru 15, 1993, be received and filed. Motion carried. Health Department Report for the month of August, 1993, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of August, 1993, be received and filed. Motion carried. Risk Management Report for the month of August, 1993, was presented. It was moved by Gonzales, seconded by Mccormick, that the Risk Management Report for the month of August, 1993, 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 4157 I I City Council Minutes Page 2 September 21, 1993 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 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 City Council at this time. It was moved by Ybarra, seconded by McCormick, to open the Public Hearing to consider a request from Los Angeles Coating for a Variance to allow the tenant to utilize two non- conforming truck docks at 4727 49th Street, the time being 5:07 p.m. Motion carried. Victor Vaits, Interim Director of Community Services, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated September 15, 1993, was presented, advising that Los Angeles Coating has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4727 49th Street, and submitting the following evidence: 1. Application for a 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 42 feet long and 9 feet wide, and the company is proposing to use only vehicles of a smaller length at these docks. This has been reviewed by the Interim 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 42 foot-long loading spaces shall be limited to vehicles with a maximum length of 41 feet. The Mayor asked if anyone in the audience wished to address the City Council on this matter. Gary Herman Sr., Property Manager, addressed the Council at this time, and stated that they were in concurrence with the requests of the City and would abide by same. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing with regard to the application of Los Angeles Coating for a Variance, the time being 5:10 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated September 15, 1993 and supporting documents submitted during the Public Hearing be received as evidence, and that the Variance be granted to Los Angeles Coating contingent upon the aforementioned Condition No. 1. Motion carried. RESOLUTION NO. 6318 - A Resolution of the city Council of the City of Vernon Granting a Variance to Los Angeles Coating From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 4727 49th Street in the city of Vernon, was presented. 4756 I I City Council Minutes page 3 September 21, 1993 It was moved by Ybarra, seconded by McCormick, that Resolution No. 6318 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the Public Hearing to consider a request from I.J. II, Inc. for a Variance to allow the tenant to utilize two non-conforming truck docks at 4515 48th Street, the time being 5:11 p.m. Motion carried. victor Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated September 15, 1993, was presented, advising that I.J. II, Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4515 48th Street, and transmitting the following evidence: 1. Application for a 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 29.1 feet in length and 14.89 feet in width, and the company 1S proposing to use only vehicles of a smaller length at these docks. This has been reviewed by the Interim 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 29.1 foot-long loading spaces shall be limited to vehicles with a maximum length of 28 feet. The Mayor asked if anyone in the audience had any question or comments. There was no one who wished to address the Council. It was moved by Gonzales, seconded by Davis, to close the Public Hearing with regard to the application of I.J. II, Inc. for a Variance, the time being 5:14 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated September 15, 1993 and supporting documents submitted during the Public Hearing be received as evidence, and that the Variance be granted to I.J. II, Inc. contingent upon the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6317 - A Resolution of the City Council of the City of Vernon Granting a Variance to I.J. II, Inc. From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 4515 48th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6317 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, to open the Public Hearing to consider two applications from Pacific Cold Storage to allow the tenant to utilize eleven non-conforming truck docks at property located at 2809 and 2851 44th Street, the time being 5:15 p.m. Motion carried. 4755 City Council Minutes page 4 September 21, 1993 victor Vaits, Interim Director of Community Services, addressed the City Council and summarized both variance requests for the Council. Communication from Bruce V. Malkenhorst, City Clerk, dated September 16, 1993, was presented, advising that Pacific Cold Storage, Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 2809 44th street and transmitting the following evidence: 1. Application for Variance; I 2. Copy of affidavits of posting and mailing; 3. Copy of Notice of Public Hearing; 4. Engineer's Report. The building has several non-conforming truck docks, and for their convenience, the company is proposing to utilize four non- conforming spaces measuring 51.6 feet long. They are proposing to use only vehicles of a smaller length at these docks. This has been reviewed by the Interim Director of community Services and the City Attorney, and it is hereby recommended that the Variance be granted with the condition that the usage of the four 51.6 foot-long loading spaces be limited to vehicles with a maximum length of 51 feet. The Mayor asked if there were any questions. At this time, the Chief Executive Officer of Pacific Cold Storage addressed the Council and advised that they were in agreement with the requests of the City. Communication from Bruce V. Malkenhorst, City Clerk, dated September 16, 1993, was presented, advising that Pacific Cold Storage, Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 2851 44th 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 I The building has several non-conforming truck docks, and for their convenience, they are proposing to utilize seven non- conforming spaces measuring 36.8 feet long. They are proposing to use only vehicles of a smaller length at these docks. This has been reviewed by the Interim Director of Community Services and the City Attorney, and it is hereby recommended that the Variance be granted with the condition that the usage of the seven 36.8 foot-long loading spaces be limited to vehicles with a maximum length of 36 feet. The Mayor asked if there were any more questions or comments. There were no questions. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing with regard to the applications for Variances from Pacific Cold Storage for properties at 2809 44th st and 2851 44th street, the time being 5:23 p.m. Motion carried. 4754 I I City Council Agenda page 5 September 21, 1993 It was moved by Ybarra, seconded by Davis, that the communications from the City Clerk dated September 16, 1993 and all supporting documents submitted during the Public Hearing regarding Pacific Cold Storage be received as evidence, and that the Variances be granted contingent upon the aforementioned "Conditions" for each property. Motion carried. RESOLUTION NO. 6322 - A Resolution of the City Council of the City of Vernon Granting a Variance to Pacific Cold Storage, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Building Located at 2809 44th Street in the City of Vernon, was presented It was moved by Ybarra, seconded by Davis, that Resolution No. 6322 be approved and adopted. Motion carried. RESOLUTION NO. 6319 - A Resolution of the City Council of the City of Vernon Granting a Variance to Pacific Cold Storage, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Building Located at 2851 44th Street in the City of Vernon, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6319 be approved and adopted. Motion carried. ORDINANCE NO. 1015 - An Ordinance of the City Council of the City of Vernon Adopting a Trip Reduction and Travel Demand Program in Order to Implement the Congestion Management Program of the County of Los Angeles. (SECOND AND FINAL READING) It was moved by Ybarra, seconded by Davis, that Ordinance No. 1015 be removed from the Agenda and referred back to staff for further review. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 7, 1993, was presented, requesting authority and funds for Dispatcher Malcolm Herrington to attend the Complaint Dispatcher Course at Golden West College, October 25-November 5, 1993, with an expense allowance of $385.50 of which $248 will be reimbursed by POST. It was moved by Ybarra, seconded by McCormick, that authority be granted for Malcolm Herrington to attend the Complaint Dispatcher Course at Golden West College, October 25- November 5, 1993, with an expense allowance of $385.50. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 10, 1993, was presented, requesting authority and funds for Lieutenant Les Brown to attend the California Association of Labor Relations Officers Training Seminar in Morro Bay, California, October 20-22, 1993, with an expense allowance of $404. It was moved by Gonzales, seconded by Davis, that authority be granted for Lt. Les Brown to attend the California Association of Labor Relations Officers Training Seminar in Morro Bay, October 20-22, 1993, with an expense allowance of $404. Motion carried. Communication from Leonis C. Malburg, Chief Executive of the Direction and Control Group of the City of Vernon Emergency Operations Center, dated September 13, 1993, was presented, transmitting the City of Vernon Multi-Hazard Functional Plan approved by the State Office of Emergency Services, and recommending that said plan be approved and adopted. It was moved by Ybarra, seconded by Davis, to approve and adopt the City of Vernon Multi-Hazard Functional Plan. Motion carried. 4753 I I City Council Minutes page 6 September 21, 1993 RESOLUTION NO. 6326 - A Resolution of the City Council of the City of Vernon Approving and Adopting an Emergency Plan Entitled the "Multi-Hazard Functional Plan", was presented. It was moved by McCormick, seconded by Davis that Resolution No. 6326 be approved and adopted. Motion carried. Communication from Fire Chief Dave Telford, dated September 16, 1993, was presented, requesting authority and funds for Firefighters Todd Schoenig, Mike Rogers and Darren Simpkins to attend the Safety & Survival on the Fire Ground Course in Buena Park, October 1, 1993, with a registration fee of $60 each. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Firefighters Todd Schoenig, Mike Rogers and Darren Simpkins to attend the Safety & Survival on the Fire Ground Course in Buena Park, October 1, 1993, with a registration fee of $60 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 16, 1993, was presented, transmitting the Mandated Cost (SB 90) Claiming Agreement for Fiscal Year 1993-94 with David M. Griffith and Associates which provides for services in connection with filing of claims for reimbursable state mandated costs. The claiming process has now been changed requiring two separate reporting periods; however, the fixed fee for these services has been reduced to $4500. To date, for Fiscal Year 1992-93, the City has been reimbursed $44,521. This has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that said agreement be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated September 16, 1993 be received and filed and that his recommendation be approved. Motion carried. RESOLUTION NO. 6327 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Provide Mandated Cost Claiming Services By and Between the City of Vernon and David M. Griffith and Associates, Ltd. for Fiscal Year 1993-1994, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6327 be approved and adopted. Motion carried. RESOLUTION NO. 6320 - A Resolution of the City Council of the City of Vernon Adopting a City of Vernon Procedure for Hearings on Parking and Standing citations, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6320 be approved and adopted. Motion carried. RESOLUTION NO. 6323 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Revised Hearing Examiner Agreement By and Between the City of Vernon and Lloyd B. Carter Respecting the Disposition of Contested Parking/Standing Violations in Compliance with the Vehicle Code of the State of California and Repealing Resolution No. 6314, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6323 be approved and adopted. Motion carried. RESOLUTION NO. 6324 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Revised Alternate Hearing Examiner Agreement By and Between the City of Vernon and James A. Miller Respecting the Disposition of Contested Parking/standing violations in Compliance with the Vehicle Code of the State of California and Repealing Resolution No. 6316, was presented. 4752 I I City Council Minutes page 7 September 21, 1993 It was moved by Davis, seconded by Ybarra, that Resolution No. 6324 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 16, 1993, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held September 20, 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 September 20, 1993 be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 16, 1993, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held September 16, 1993, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations listed on the Agenda for the Adjourned Regular Finance Committee Meeting held September 16, 1993, be approved as submitted and adopted. Motion carried. RESOLUTION NO. 6321 - A Resolution of the City Council of the City of Vernon Superseding Resolution Nos. 6014, 6047, 6153 and 6171 and Establishing the Rates for Business License Taxes and Related Fees and Deposits Pursuant to Chapter 15 of the Vernon City Code, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6321 be approved and adopted. Motion carried. RESOLUTION NO. 6325 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Maintenance Agreement (10/1/93 Through 9/30/94) By and Between the City of Vernon and A.L. Communications, Inc. for Maintenance of the Fire Department's Strata Basic Telephone Systems, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6325 be approved and adopted. Motion carried. WARRANT REGISTER NO. 872 covering claims and demands presented during the period of September 3 thru 16, 1993, drawn on the First Interstate Bank totaling $216,157.85, which includes Demand Nos. 43617 thru 43779 (inclusive), excluding Light & Power Demands and Void Demand Nos. 43656 thru 43658 (inclusive) and 43742 (accounting period September, 1993) was examined and audited. It was moved by Davis, seconded by McCormick, that Warrant Register No. 872 be approved and payment authorized for claims and demands totaling $216,157.85, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 872 covering claims and demands presented during the period of September 3 thru 16, 1993, drawn on the First Interstate Bank totaling $3,287,146.22, which includes Light & Power Demand Nos. as listed below (accounting period September, 1993) was examined and audited: 43623 43624 43627 43638 43639 43642 43643 43648 43662 43664 43672 43678 43681 43682 43685 43686 43688 43700 43705 43706 43708 43712 43713 43726 43728 43737 43743 43746 43749 43754 43759 43761 43762 43766 43772 43773 43777 475j I I City Council Minutes page 8 September 21, 1993 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 872 be approved and payment authorized for claims and demands totaling $3,287,146.22. 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. 447 covering claims and demands presented during the period of July 11 thru August 7, 1993, drawn on the First Interstate Bank totaling $1,528,545.84 which includes Demand Nos. 7125 thru 7162 (inclusive) (accounting period August, 1993) was examined and audited. It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 447 be approved and payment authorized for claims and demands totaling $1,528,545.84. Motion carried. Consideration of Second Side Letter Agreement between the Vernon Police Officers Benefit Association (VPOBA) and the Municipal Employee Relations Representative (MERR). It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Consideration of disciplinary action for Fire Captain Gary Dressen. It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to Closed Session later this date. Motion carried. The Mayor called a recess at 5:48 p.m. The Council reconvened in regular session at 5:50 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 5:51 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Fire Chief and Fire Captain Gary Dressen. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. The Fire Chief and Fire Captain Dressen were excused at 6:10 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session, Personnel, and resume regular session, the time being 6:15 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Code section 54956.9(a), the time being 6:15 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk and City Attorney. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Mayor Malburg was excused at 6:25 p.m. 4750 I I City Council Minutes page 9 September 21, 1993 Mayor Malburg returned at 6:27 p.m. It was moved by Gonzales, seconded by McCormick, that the Council go out of Closed Session, Attorney/Client Privilege, and resume regular session, the time being 6:28 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the recommendation of the Fire Chief to suspend Fire Captain Gary Dressen one shift without pay be approved. Motion carried. The City Attorney reported that the County Counsel's office of the County of Los Angeles had indicated the following companies had served the County with a Summons and Complaint disputing the Board of Equalization's assessment of property to the affected companies which may affect a potential refund of taxes received by the City of Vernon: Clive Martin. Jr. and Barbara Foth v. County of Los Anqeles. et al., LASC BC084918; GTE Mobilenet v. SBE. et al., S.F. Case No. 952096; L.A. Cellular v. SBE. et al., S.F. Case No. 952088; L.A. SMSA limited partnership v. SBE. et al., S.F. Case No. 952092. It was moved by Gonzales, seconded by Davis, that the County Counsel's office of the County of Los Angeles is authorized to respond to these matters on behalf of the City of Vernon. Motion carried. It was moved by McCormick, seconded by Ybarra, that Councilman william Davis be appointed to serve on the Finance Committee during the Mayor's impending absence in October and November and that Councilman McCormick be appointed to serve on the Personnel Committee also during this absence of Mayor Malburg. Motion carried. 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. <:/f ,',> _~t!-~A(- /J..,,~ /.-/ .. ~ /~~~f...-""" , "'/~eonis C. Mal. urg . Mayor ATTEST: ~ // t/~/ Bruce V. Malkenhorst City Clerk 4749