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19931123 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 23, 1993 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: Malburg (excused) Ybarra. The meeting was called to order by Mayor Pro Tem It was moved by Gonzales, seconded by Davis, that the Minutes of the City Council Meeting held November 16, 1993, be approved as submitted and adopted. Motion carried. Communication from Bruce C. Malkenhorst, City Clerk, dated November 10, 1993, was presented, advising that the below listed employees have qualified in the month of October 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 Emplovee Award 07/01/85 10/22/90 02/29/88 Wenceslao Reynoso, Engineering Aide 2 year Bob Tang, Associate Power Engineer 3 year Jose Alvarez, Utilityman 4 year 10/01/87 06/03/74 Jerry Schreiber, Sr. Electrical Insp. 6 year Ron Anderson, Foreman 12 year The Mayor Pro Tem presented the above listed employees with their respective awards and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department head: 09/18/89 10/09/90 08/10/80 11/16/87 02/02/86 David Shea, Fire Engineer John Diaz, System Operator Louie Saenz, Utilityman Martha Parra, Transcriber/Typist Jesus Martinez, Water/Power Dispatcher 2 year 3 year 3 year 3 year 5 year The Mayor Pro Tem called a recess at 5:11 p.m. The Council reconvened in regular session at 5:13 p.m., all members present before the recess again being present. Communication from Tom Akuzawa, President of UniWorld Tensuke, Inc., located at 4200 S. Alameda Street, dated November 16, 1993, was presented, in support of the Women's Federation for World Peace which honors the role of parents as the keystone of good families. In recognition of this program, Mr. Akuzawa is requesting that the City issue a Proclamation to give distinction to this association which will be presented at a banquet being held on November 27, 1993. 4,770 I I Adjourned Regular City Council Meeting Minutes November 23, 1993 Page 2 A Proclamation of the Mayor and the City Council of the City of Vernon Declaring November 27, 1993 To Be "TRUE FAMILY DAY IN VERNON" Commending the Women's Federation for World Peace for its Values Which Promote a Peaceful World and Commending Uniworld Tensuke, Inc. for its Support of the Women's Federation for World Peace, was read by title by the City Clerk. It was moved by Gonzales, seconded by MCCormick, that the communication from Mr. Tom Akuzawa be received and filed, and that the aforementioned proclamation be approved and the City Clerk instructed to present same to Mr. Akuzawa. The City Clerk announced that now was the time for anyone in the audience to address the Council on any matter listed on the agenda other than with regard to any Public Hearings that may be listed. The Mayor Pro Tem 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 McCormick, seconded by Davis, to open the Public Hearing to consider a request from Mexam International for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 2065 Ross Street, the time being 5:15 p.m. Motion carried. Victor Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized his communication dated November 18, 1993. Communication from Victor H. Vaits, Interim Director of Community Services, dated November 18, 1993, was presented, advising that Mexam International has applied for a Conditional Use Permit to operate a truck and freight terminal at 2065 Ross 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. Mexam International 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 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 on 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 2065 Ross Street. 4769 I I Adjourned Regular City Council Meeting Minutes November 23, 1993 page 3 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: 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 Mexam International contingent upon the aforementioned Conditions "a" thru "i". The Mayor Pro Tem 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 regarding the request for a Conditional Use Permit by Mexam International, the time being 5:17 p.m. Motion carried. 4768 I I Adjourned Regular City Council Meeting Minutes November 23, 1993 page 4 It was moved by McCormick, seconded by Gonzales, that the communication from the Interim Director of Community services dated November 18, 1993 and all supporting documents be received and filed as evidence. Motion carried. It was moved by McCormick, seconded by Davis, that the City Council hereby determines that the proposed use by Mexam International is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by Davis, seconded by Gonzales, that a Notice of Exemption for the Conditional Use Permit be filed with the County Clerk. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Conditional Use Permit be granted to Mexam International contingent upon the aforementioned Conditions "a" thru "i". Motion carried. RESOLUTION NO. 6353 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Mexam International for the operation of a Truck and Freight Terminal at 2065 Ross Street, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6353 be approved and adopted. 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 Second and Final Reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1017 be approved and adopted. Motion carried. Ayes: Noes: Abstain: Absent: McCormick, Gonzales, Davis, Ybarra None None Malburg RESOLUTION NO. 6352 - A Resolution of the City Council of the City of Vernon Approving Health and Environmental Control Regulations for Operation of Wiping Rag Businesses, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6352 be approved and adopted. Motion carried. RESOLUTION NO. 6354 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6222 to Establish Health and Permit Fees Applicable to Wiping Rag Business Health Permits Granted by the City of Vernon Pursuant to Section 13.7 of the Vernon City Code, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6354 be approved and adopted. Motion carried. 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 Second and Final Reading. 476'7 I I Adjourned Regular City Council Meeting Minutes November 23, 1993 page 5 It was moved by Gonzales, seconded by Davis, that Ordinance No. 1018 be approved and adopted. Motion carried. Ayes: Noes: Abstain: Absent: McCormick, Gonzales, Davis, Ybarra None None Malburg Communication from Victor H. Vaits, Interim Director of Community Services, dated November 3, 1993, was presented, transmitting two fully executed Grant Deeds, for street purposes, from Delmo Charles Molinari and Diane S. Molinari for two adjacent 5 foot strips of property (approximately 755 square feet each) on 51st Street near Alameda Street. This has been reviewed by the City Attorney, and it is hereby recommended that the Grant Deeds be accepted and the Certificates of Acceptance be approved and executed. It was moved by McCormick, seconded by Gonzales, to accept the two Grant Deeds from Delmo Charles Molinari and Diane Molinari, and to approve and execute the Certificates of Acceptance. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated November 4, 1993, was presented, requesting authority and funds for Police Officer Daniel Calleros to attend the Criminal Investigation Course in Garden Grove, January 3-7, 1994, with an expense allowance of $386 of which $346 will be reimbursed by POST. It was moved by Davis, seconded by Gonzales, that authority be granted for Officer Daniel Calleros to attend the Criminal Investigation Course in Garden Grove, January 3-7, 1994, with an expense allowance of $386. Motion carried. Communication from Fire Chief Dave Telford, dated November 9, 1993, was presented, requesting authority and funds for Fire Captain David Lazar to attend the Incident Command System Workshop in Carlsbad on December 4, 1993, with an expense allowance of $95. It was moved by McCormick, seconded by Gonzales, that authority be granted for Captain David Lazar to attend the Incident Command System Workshop in Carlsbad on December 4, 1993, with an expense allowance of $95. Motion carried. Communication from Fire Chief Dave Telford, dated November 9, 1993, was presented, requesting authority and funds for the below listed personnel to attend the Swift Water Rescue Technician I Class in Sylmar, December 8-10, 1993, with an expense allowance of $60 each for registration: Captain Michael Wilson Captain Larry Weaver Captain Michael Busch Firefighter Todd Schoenig Firefighter Barry Schoolmeester Firefighter Bradley Mack It was moved by McCormick, seconded by Davis, that authority be granted for the aforementioned personnel to attend the Swift Water Rescue Technician I Class in Sylmar, December 8- 10, 1993, with an allowance of $60 each for registration. Motion carried. Communication from Fire Chief Dave Telford, dated November 9, 1993, was presented, requesting authority and funds for the below listed personnel to attend the Swift Water Rescue Technician II Class in Azusa, December 15-16, 1993, with an expense allowance of $50 each for registration: 476G I I Adjourned Regular City Council Meeting Minutes November 23, 1993 Page 6 Captain Michael Wilson Captain Larry Weaver Captain Michael Busch Firefighter Todd Schoenig Firefighter Barry Schoolmeester Firefighter Bradley Mack It was moved by Gonzales, seconded by Davis, that authority be granted for the aforementioned personnel to attend the Swift Water Rescue Technician II Class in Azusa, December 15- 16, 1993, with an allowance of $50 each for registration. Motion carried. Communication from Fire Chief Dave Telford, dated November 9, 1993, was presented, requesting authority and funds for Fire Captain David Lazar to attend the strike Team Leader Workshop in Carlsbad, December 7-8, 1993, with an expense allowance of $210. It was moved by McCormick, seconded by Davis, that authority be granted for Captain David Lazar to attend the Strike Team Leader Workshop in Carlsbad, December 7-8, 1993, with an expense allowance of $210. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 10, 1993, was presented, advising that the Finance Committee approved, at their meeting held May 11, 1993, the concept of the Superior Performance & Ideas Resulting in Tangible Savings ("SPIRITS") Program to recognize employees for superior work performance and/or innovative ideas by the presentation of various types of awards. Staff was directed to "fine tune" the program and has made recommendations pertaining to the various types of awards. Based on the program information provided, it is hereby recommended that said program be established to be effective January 1, 1994, and that a resolution be adopted approving same. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated November 10, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6355 - A Resolution of the City Council of the City of Vernon Adopting a Superior Performance and Ideas Resulting in Tangible Savings ("SPIRITS") Program, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6355 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated November 15, 1993, was presented, requesting authority and funds for Police Officers Jeffrey Bullock and Fernando Rodriguez to attend Laser Village at the Orange County Sheriff's Department, December 21, 1993, with an expense allowance of $116.20 each, of which $113.60 will be reimbursed by POST for each officer. It was moved by McCormick, seconded by Gonzales, that authority be granted for Officers Jeffrey Bullock and Fernando Rodriguez to attend Laser Village at the Orange County Sheriff's Department, December 21, 1993, with an expense allowance of $116.20 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 16, 1993, was presented, transmitting an Administrative Services Agreement with ICMA Retirement Corporation (RC) which will replace their "Trust Agreement" providing for the City'S participation in their deferred compensation program. This agreement is not intended to affect in any way the investments of our deferred compensation plan or 476r; I I Adjourned Regular City Council Meeting Minutes November 23, 1993 page 7 the benefits payable under the plan, nor is the intent to change in any way the services provided by RC or the fees charged by RC with respect to the administration of the plan. This has been reviewed by the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Davis, seconded by McCormick, that the communication from the City Clerk dated November 16, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6357 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Administrative Services Agreement By and Between the City of Vernon and the International City Management Association Retirement Corporation, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6357 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated November 17, 1993, was presented, requesting authority and funds to attend the League of California cities New Law and Election Seminar in Monterey, December 8-10, 1993, with an expense allowance of $998. It was moved by Davis, seconded by Gonzales, that authority be granted for Bruce V. Malkenhorst to attend the League of California cities New Law and Election Seminar in Monterey, December 8-10, 1993, with an expense allowance of $998. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 17, 1993, was presented, requesting authority and funds for Sharon Duckworth, Deputy City Treasurer, to attend the League of California Cities Financial Management Seminar in Monterey, December 9-10, 1993, with an expense allowance of $500. It was moved by McCormick, seconded by Davis, that authority be granted for Sharon Duckworth to attend the League of California cities Financial Management Seminar in Monterey, December 9-10, 1993, with an expense allowance of $500. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 18, 1993, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held November 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 November 22, 1993, be approved as submitted. Motion carried. RESOLUTION NO. 6348 - A Resolution of the City Council of the City of Vernon Commending Robert Hawkey for his Many Years of Service to the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6348 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 18, 1993, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held November 22, 1993, for approval of the recommendations contained therein. 4764 I I Adjourned Regular City Council Meeting Minutes November 23, 1993 page 8 It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Adjourned Finance Committee Meeting held November 22, 1993, be approved as submitted. Motion carried. RESOLUTION NO. 6345 - A Resolution of the City Council of the City of Vernon Approving the Execution of the Contract for Reroofing By and Between the city of Vernon and Rey- Crest Roofing and Waterproofing Company for the Reroofing of the City Administrator's Office and Rejecting the Bid for the Reroofing of the Small Garage, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6345 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 18, 1993, was presented, advising that the Finance Committee, at their meeting held June 16, 1993, approved retaining the services of Rollins Environmental Services to package, transport and dispose of various hazardous wastes located in the City yard. At this time, the City Attorney has completed the review of this matter, and it is hereby recommended that an Environmental Services Agreement with Rollins Chempak, Inc. be approved and executed. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated November 18, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6356 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Environmental Services Agreement By and Between the City of Vernon and Rollins Chempak, Inc., and Authorizing the Issuance of a Purchase Order in Accordance with Proposal 3123.15 to Transport and Dispose of Certain Amounts of Hazardous Waste, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6356 be approved and adopted. Motion carried. Consideration of a Power Sale Agreement between San Diego Gas & Electric Company and the City of Vernon as submitted by Kenneth DeDario, Director of Light and Power, November 10, 1993. RESOLUTION NO. 6358 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of the SDG&E-Vernon Power Sales Agreement (Vernon Contract No. 93-12-04) By and Between San Diego Gas & Electric Company and the City of Vernon. It was moved by Gonzales, seconded by McCormick, that the aforementioned matter pertaining to a Power Sale Agreement with San Diego Gas & Electric and Resolution No. 6358 be removed from the agenda. Motion carried. Consideration of settlement - Claim of Maria Bautista. The City Clerk advised that the aforementioned matter should be discussed in Closed Session later this date. The Mayor Pro Tem called a recess at 5:33 p.m. The Council reconvened in regular session at 5:34 p.m., all members present before the recess again being present. 4763 I I Adjourned Regular City Council Meeting Minutes November 23, 1993 page 9 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 5:35 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk and the City Attorney. The Mayor 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 5:46 p.m. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. ~ irk ~/ -. ,/ - /' . ~ ",c.4"-1,/ co{, /" - !-(,~ Thomas A. Yb rra Mayor Pro Tern y~/~ Bruce V. Malkenhorst City Clerk ATTEST: /L 4762