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19931102 Regular City Council Meeting - Minutes . ORDER 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 HELD NOVEMBER 2, 1993 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE I AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY COUNCIL (QUORUM PRESENT) TO TUESDAY, NOVEMBER 9, 1993 AT 5:15 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. ~~ VM ~dAA'L-, Bruce V. Malkenhorst~~~ City Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon do hereby certify that I did, on the 3rd day of November, 1993, at noon, have posted the above: I Order of Adjournment of the Regular meeting of the City Council held on November 2, 1993. Said order was posted at a conspicuous place near the door of the room at which meeting was held withing 24 hours of said adjournment. c;/;/I~ ~{~ Gloria J. Or co Chief Deputy City Clerk Date: 11/3/93 I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 2, 1993 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: Malburg (excused) Ybarra. The meeting was called to order by Mayor Pro Tern It was moved by McCormick, seconded by Davis, that the Minutes of the City Council Meeting held October 5, 1993, be approved as submitted and adopted. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Minutes of the Adjourned Regular City Council Meeting held October 20, 1993, be approved as submitted and adopted. Motion carried. At this time, Vernon Police Officers John Kallal, Robert Osborne and Christian Moscoso were presented 10851 pin Awards by Lt. Frank Kramer of the California Highway Patrol for their superior efforts in vehicle theft recovery. John Javage, District Manager of the Automobile Club of Southern California, also presented a plaque to each of the officers. The Mayor Pro Tern called a recess at 5:09 p.m. The Council reconvened in regular session at 5:11 p.m., all members present before the recess again being present. Mayor Pro Tern Ybarra presented Service pins to the following employees and extended congratulations on behalf of the entire City Council: Les Brown, Police Lieutenant - 25 years Pete Torres, Firefighter - 5 years The following employees were unable to attend the meeting and their Service Pins were accepted by the Fire Chief: Craig Peltier, Firefighter - 5 years Andrew Guth, Firefighter - 5 years Randall Babbitt, Firefighter - 5 years The Mayor called a recess at 5:12 p.m. The Council reconvened in regular session at 5:13 p.m., all members present before the recess again being present. Police Department Activity Log for the period October 16 thru 31, 1993, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period October 16 thru 31, 1993, be received and filed. Motion carried. Fire Department Activity Report for the period October 16 thru 31, 1993, was presented. It was moved by Davis, seconded by Gonzales, that the Fire Department Activity Report for the period October 16 thru 31, 1993, be received and filed. Motion carried. The City Clerk advised that now is 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. 4747 I I City Council Minutes page 2 November 2, 1993 The Mayor Pro Tern asked if there was anyone in the audience who wished to address the Council. Mr. Henry Arres, Proprietor of San Antonio Rose Restaurant & Bar, and his son addressed the Council and read the letter, dated October 25, 1993, that had been previously submitted to Council. Communication from Henry Arres, Proprietor of San Antonio Rose Restaurant & Bar located at 4505 Downey Road, dated October 25, 1993, was presented, requesting permission to allow dancing in his place of business on Saturday nights from 6 p.m. until 1 a.m. Mr. Arres advised that they would be prepared to provide security and did not feel that there would be any problems. Bruce V. Malkenhorst, City Clerk, advised that the Police Department and Community Services Department reviewed this matter to determine the affects on the City. Louis Rosenkrantz, Chief of Police, advised that they had reviewed this matter and Section 9.13, Chapter 9.1 Vernon Municipal Code, disallows a booth or alcove at the location where the dance is to be held. At this time the building is not structured for dancing. victor Vaits, Interim Director of Community Services, addressed the Council and referred to his memo of November 2nd that addressed the parking requirement and lack of same that is available presently. They have not looked to see if the building is in compliance for this type of proposed use. It was suggested by the City Clerk that perhaps this item be referred back to staff and that if Mr. Arres wished, he could come in and meet with Mr. vaits in order to determine what other matters need to be addressed. It was moved by McCormick, seconded by Gonzales, to defer action on this matter until the first meeting in December 1993. Motion carried. It was moved by Gonzales, seconded by Davis, to open the Public Hearing to consider a request from Shane Freight Systems for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 2634 26th Street, the time being 5:24 p.m. Motion carried. victor Vaits, Interim Director of Community Services, address the City Council and briefly summarized this matter. Communication from victor H. Vaits, Interim Director of Community Services, dated October 28, 1993, was presented, advising that Shane Freight Systems has applied for a Conditional Use Permit to operate a truck and freight terminal at 2634 26th Street, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing; Shane Freight Systems was found to be categorically exempt from the California Environmental Quality Act process, since they will be using an existing truck terminal and the facility is not being expanded. It is the opinion of the Interim Director of Community 4746 I I City Council Minutes page 3 November 2, 1993 Services that the proposed operation will pose no adverse effects to the City of Vernon and will not have a significant effect on the environment, and no mitigating measures are required. This has been reviewed by the City Attorney, and the following have been recommended as Conditions of the Conditional Use Permit: a. The facility shall be operated in accordance with and made to conform with all current codes, rules, regulations and subject to permit fees as adopted by the City of Vernon. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. Prior to occupancy a business license and occupancy permit shall be obtained. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2634 26th Street. b. A Hazardous materials inventory and business/ contingency plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. c. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. d. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. e. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. f. No equipment or freight shall be stored on the site, other than in trailers or on the docks. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. g. The underground storage tank leak detection monitoring systems shall be checked and certified by a qualified leak detection service company. Underground tank and monitoring systems must meet the requirements of Ordinance No. 944 or a certificate of closure for removal of the under- ground storage tanks must be obtained from the City of Vernon Health Department. If the under- ground storage tanks remain in operation an Underground Storage Tank Health Permit must be obtained in the name of the occupant from the City of Vernon Health Department h. All required federal, state, local, and regulatory agency permits shall be obtained prior to operation. i. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. Based on the aforementioned, it is hereby recommended that the following actions be taken: 47~~ I I City Council Minutes page 4 November 2, 1993 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process; 2. A Notice of Exemption be filed with the County Clerk; and 3. The Conditional Use Permit be granted to Shane Freight Systems contingent upon the aforementioned Conditions "a" thru "i". The Mayor Pro Tern asked if there were any questions. There were no questions. It was moved by McCormick, seconded by Davis, to close the Public Hearing regarding the request by Shane Freight Systems for a Conditional Use Permit, the time being 5:27 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication from the Director of Community Services dated October 28, 1993 submitted during the Public Hearing for Shane Freight Systems, and all supporting documents be received and filed as evidence. Motion carried. It was moved by McCormick, seconded by Gonzales, that the City Council find that the proposed use by Shane Freight Systems is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by McCormick, seconded by Davis, that a Notice of Exemption for the Conditional Use Permit be filed with the County Clerk. Motion carried. It was moved by Davis, seconded by Gonzales, that the Conditional Use Permit be granted to Shane Freight Systems contingent upon the aforementioned Conditions "a" thru "i". Motion carried. RESOLUTION NO. 6340 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Shane Freight Systems, Inc. for the operation of a Truck and Freight Terminal at 2634 26th Street, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6340 be approved and adopted. Motion carried. ORDINANCE NO. 1016 - An Ordinance of the City Council of the City of Vernon Creating the Industrial Development Authority of the City of Vernon and Declaring Itself to be the Board of Directors for the Authority, was read by Title by the City Clerk for a Second and Final Reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1016 be approved and adopted. Motion carried. Ayes: Noes: Absent: Ybarra, McCormick, Davis, Gonzales None Malburg Communication from Fire Chief Dave Telford, dated September 13, 1993, was presented, requesting authority and funds for Firefighter Robert Bishop to attend the Hazardous Material Specialist Module 1G in Riverside, December 6-10, 1993, with an expense allowance of $350 for registration. 4744 I I City Council Minutes page 5 November 2, 1993 It was moved by Davis, seconded by McCormick, that authority be granted for Firefighter Robert Bishop to attend the Hazardous Material Specialist Module 1G in Riverside, December 6- 10, 1993, with an expense allowance of $350 for registration. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 19, 1993, was presented, advising that at their meeting held March 15, 1993, the Finance Committee approved retaining the firm of R. E. Harrington, Inc. to provide services in connection with unemployment insurance cost control at an annual cost of $850 and $120 per hearing if necessary, pending final approval of the agreement by the City Attorney. The City Attorney's office has now completed their review and brought the agreement in compliance with the City's needs, and it is hereby recommended that the agreement be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated October 19, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6341 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Unemployment Compensation Management Service Agreement By and Between the City of Vernon and R.E. Harrington, Inc., was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6341 be approved and adopted. Motion carried. Communication from Victor H. Vaits, Interim Director of Community Services, dated October 25, 1993, was presented, transmitting a fully executed Grant Deed, for street purposes, from Shu Chin Kou and Shan Chun Kou for a portion of property at the southeast corner of Vernon Avenue and Alameda Street and a ten foot strip along Alameda Street (approximately 6,460 square feet). 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, that the Grant Deed from Shu Chin Kou and Shan Chun Kou be accepted and the Certificate of Acceptance be approved and executed. Motion carried. Communication from Victor H. Vaits, Interim Director of Community services, dated October 25, 1993, was presented, advising that Contract No. 515, Rehabilitation of Reservoir 2-2 has been completed and the total contract amount including Extra Work Order No. 1 was $20l,302. A final partial payment of $62,954.55 is now due, with the remaining ten percent, $20,130.20, payable thirty-five days after acceptance of the work. It is hereby recommended that the work be accepted and that authority be granted to pay the contractor, Matrix Service, Inc., 1441 South Anaheim Boulevard, Anaheim, California 92805. It was moved by Gonzales, seconded by McCormick, that the communication from the Interim Director of Community Services dated October 25, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6339 - A Resolution of the City Council of the City of Vernon Accepting the Work of Matrix Service, Inc., In Accordance with Contract No. 515 of the City of Vernon, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6339 be approved and adopted. Motion carried. 4743 I I City Council Minutes page 6 November 2, 1993 Communication from Bruce V. Malkenhorst, City Clerk, dated, October 26, 1993, was presented, advising that California Health and Safety Code Section 3950 requires that a wiping rag business must have a valid health permit issued by the local health officer pursuant to an ordinance of the local governing body. There are two wiping rag businesses operating in Vernon in conjunction with used clothing and clothing sorting enterprises. The City's definition of a Garment Manufacturing Establishment does not cover wiping rag businesses. This has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that the following actions be approved: 1. Amend Section 13.6 of the City of Vernon Code to include a definition for Wiping Rag Business; 2. Amend Section 13.7 of the City of Vernon Code to require a Wiping Rag Business to apply for and receive a Health Permit; and 3. Approve City of Vernon Health and Environmental Control Regulations for Operation of Wiping Rag Businesses. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated October 26, 1993 be received and filed, and that the aforementioned actions be approved. Motion carried. ORDINANCE NO. 1017 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California 1959 By Amending Chapter 13, Article II, sections 13.6 and 13.7 Making Health and Sanitation provisions Applicable to Wiping Rag Businesses, was read by Title by the City Clerk for a First Reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1017 be approved for a First Reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 28, 1993, was presented, transmitting the Computation Report as submitted by the Director of Light and Power determining the Energy Cost Adjustment Billing Factor for the next three month period. Based on actual fuel expenses and revenues for the previous period and Southern California Edison Company's forecast of fuel cost for the next three months, the new factor is negative $0.01870 per kilowatt hour. It is hereby recommended that said factor be approved for all bills rendered from November 2, 1993. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated October 28, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6342 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Supplied to its Electrical Customers, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6342 be approved and adopted. Motion carried. RESOLUTION NO. 6343 - A Resolution of the City Council of the City of Vernon Declaring Its Intention to Approve an Amendment to the Contract Between the Board of Administration of the Public Employees' Retirement System (PERS) and the City Council of the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6343 be approved and adopted. Motion carried. 4742 I I City Council Minutes page 7 November 2, 1993 ORDINANCE NO. 1018 - An Ordinance of the City Council of the City of Vernon Authorizing an Amendment to the Contract Between the City Council of the City of Vernon and the Board of Administration of the Public Employees' Retirement System ("PERS"), was read by Title for a First Reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1018 be approved for a First Reading. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 28, 1993, transmitting the Agenda for the Personnel Committee Meeting to be held November 1, 1993, for approval of the recommendations contained therein. The City Clerk advised that this matter should be deferred to Closed Session, Personnel, later this date. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 28, 1993, was presented, transmitting the Minutes of the Adjourned Finance Committee Meeting held October 27, 1993 for approval of the recommendations contained therein. It was moved by MCCormick, seconded by Davis, that the Minutes of the Adjourned Finance Committee Meeting held October 27, 1993, be approved as submitted and adopted. Motion carried. WARRANT REGISTER NO. 875 covering claims and demands presented during the period of October 15 thru October 28, 1993, drawn on the First Interstate Bank totaling $389,519.87, which includes Demand Nos. 44158 thru 44337 (inclusive), excluding Light & Power Demands and Void Demand Nos. 44159, 44189 and 44217 thru 44219 (inclusive) accounting period November, 1993 was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 875 be approved and payment authorized for claims and demands totaling $389,519.87, excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 875 covering claims and demands presented during the period of October 15 thru October 28, 1993, drawn on the First Interstate Bank totaling $3,373,689.11, which includes Light and Power Demands Nos. as listed below (accounting period November, 1993) was examined and audited: 44158 44168 44184 44195 44202 44231 44257 44299 44310 44162 44169 44185 44196 44204 44236 44265 44300 44320 44165 44173 44186 44197 44205 44243 44284 44301 44325 44166 44174 44188 44198 44211 44247 44289 44302 44326 44167 44176 44190 44199 44214 44253 44296 44307 44327 44332 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 875 be approved and payment authorized for claims and demands totaling $3,373,689.11. 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. The Mayor Pro Tern called a recess at 5:38 p.m. The Council reconvened in regular session at 5:40 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Davis, 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 5:4l p.m. Motion carried. 4741. I I City Council Minutes page 8 November 2, 1993 All persons were excluded from Closed Session with the exception of the City Clerk and the City Attorney. The Mayor Pro Tern ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session, Attorney/Client Privilege, and resume regular session, the time being 5:54 p.m. Motion carried. The City Attorney was excused from the meeting at 5:56 p.m. 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. The Mayor Pro Tern ordered all communications to and from Closed Session deemed privileged and confidential. The City Clerk was excused from Closed Session at 6:02 p.m. The City Clerk returned at 6:10 p.m. It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session, Personnel, and resume regular session, the time being 6:10 p.m. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 28, 1993, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held November 1, 1993, for approval of the recommendations contained therein. (Deferred from earlier in the meeting.) It was moved by McCormick, seconded by Gonzales, that the recommendations contained in the Agenda of the Personnel Committee Meeting held November 1, 1993 be approved as submitted and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, that Julio Valdez receive a verbal reprimand for his on duty traffic collision occurring on August 3, 1993 which he was found chargeable for. Motion carried. Council at McCormick, at 5 p.m. There being no further business to come before the this time, it was moved by Gonzales, seconded by that the meeting adjourn to Tuesday, November 9, 1993 Motion carried. /.,:>' .' /:1 ?d'" 71' ( -~-T'!f""l1-~1fU/ ct. /l'Z1 H?t4t_ Thomas A. Yl15arra Mayor Pro Tern / ~L~ Bruce V. Malkenhorst City Clerk ATTEST: ~~ " ,,~to '.-k .",."~ ,~.,