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19940308 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 8, 1994 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 Minutes of the Adjourned Regular City Council Meeting held February 22, 1994. It was moved by Ybarra, seconded by Davis, that the aforementioned Minutes be deferred to the next City Council Meeting to be held March 15, 1994. Motion carried. The Mayor presented Twenty Year Service Pins to Councilman Hilario Gonzales and Lt. William Waxman and extended his congratulations. The Mayor called a recess at 5:05 p.m. The Council reconvened in regular session at 5:07 p.m., all members present before the recess again being present. Police Department Activity Log for the period February 16 thru 28, 1994, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period February 16 thru 28, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period February 16 thru 28, 1994, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period February 16 thru 28, 1994, be received and filed. Motion carried. The City Clerk stated 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 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. Communication from Bruce V. Malkenhorst, City Clerk, dated March 3, 1994, was presented, transmitting the Court Reporter's Transcript of the Hearing of Pan Metal Corporation's Appeal held during the City Council Meeting on February 1, 1994. It was moved by Ybarra, seconded by Gonzales, that the Transcript of the Hearing of Pan Metal Corporation's Appeal be received and filed as evidence. Motion carried. It was moved by McCormick, seconded by Davis, to open the Continued Hearing on the Appeal submitted by the law offices of Greenberg, Glusker, Fields, Claman & Machtinger on behalf of Pan Metal Corporation, the time being 5:10 p.m. Motion carried. There was a Court Reporter present to record the proceedings of the Hearing. 4851 I I Adjourned Regular City Council Meeting Minutes March 8, 1994 Page 2 Communication dated March 3, 1994 from Mr. Ash Signhal, Controller of Pan Metal Corporation, was presented, submitting his Declaration pertaining to the Appeal of the Decision of the Interim Director of Community Services. Communication from Victor H. Vaits, Interim Director of Community Services, dated March 8, 1994, was presented, submitting copies of Business Licenses pertaining to Pan Metal Corporation. Legal Opinion, dated March 8, 1994, from David B. Brearley, City Attorney, pertaining to Pan Metal Corporation, was presented. David B. Brearley, City Attorney, briefly addressed the City Council regarding his Legal Opinion. Communication from Elizabeth Watson, Attorney with the law offices of Greenberg, Glusker, Fields, Claman & Machtinger, dated March 8, 1994, was presented, responding to the Legal Opinion of the City Attorney. It was moved by Gonzales, seconded by Ybarra, to close the Hearing on the Appeal on behalf of Pan Metal Corporation, the time being 5:12 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the following documents, numbered 1 thru 4, pertaining to Pan Metal Corporation's Appeal be received as evidence for further deliberation by the City Council. Motion carried. Document No. 1 Declaration from Ash Singhal dated March 3, 1994 Document No. 2 Letter from Victor Vaits dated March 8, 1994 Document No. 3 Legal Opinion from David B. Brearley dated March 8, 1994 Document No. 4 Letter from Elizabeth Watson dated March 8, 1994 It was moved by Ybarra, seconded by Davis, to open the Public Hearing to consider an application from Hometel Furnishings Inc. DBA G & K Distributors and G & K Carpet Distributors for a Variance to utilize a non-conforming truck dock at property located at 2302 38th Street, Vernon, the time being 5:13 p.m. Motion carried. Victor H. Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated March 2, 1994, was presented, advising that Hometel Furnishings Inc. DBA G & K Distributors and G & K Carpet Distributors has submitted an application requesting a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 2302 38th Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has one non-conforming truck dock measuring 38 feet in length and 11.6 feet in width. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that the Variance be granted contingent upon the following Conditions: ~ 4856 I I Adjourned Regular City Council Meeting Minutes March 8, 1994 Page 3 a. Usage of the loading space shall be limited so that any truck parked at the loading dock shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. b. Prior to modification of the dock, the applicant shall obtain all of the necessary permits from the City of Vernon. The Mayor asked if anyone wished to address the Council on this matter. Peggy Hamlin, owner of property located at the southwest corner of Irving and 38th Street, asked if any parking would be eliminated. Mr. Vaits responded no the parking in the area would not be affected. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the request for a Variance from Hometel Furnishings Inc, DBA G & K Distributors and G & K Carpet Distributors, the time being 5:18 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk, dated March 2, 1994, be received and filed, and that his recommendation to approve the Variance with the listed Conditions be granted. Motion carried. RESOLUTION NO. 6394 - A Resolution of the City Council of the City of Vernon Granting a Variance to Hometel Furnishings, Inc. DBA G & K Distributors and G & K Carpet Distributors, From Section 26.4.2-8 and 26.4.6-4, of the Comprehensive Zoning Ordinance, for Property Located at 2302 38th Street in the City of Vernon, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6394 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 31, 1994, was presented, requesting authority and funds for Dispatcher Ana Bedoy to attend the Police Dispatcher Course at Golden West College April 19-29, 1994, with an expense allowance of $385.50 of which $305.50 will be reimbursed by POST. It was moved by McCormick, seconded by Davis, that authority be granted for Dispatcher Ana Bedoy to attend the aforementioned course with an expense allowance of $385.50. Motion carried. Communication from Fire Chief Dave Telford, dated February 10, 1994, was presented, requesting authority and funds for Battalion Chief Richard Wiles and James Smith to attend the 17th Annual California Fire Instructors' Workshop in San Jose, April 25-29, 1994, with an expense allowance of $1,006 and $501 respectively. It was moved by Gonzales, seconded by Davis, that authority be granted for Battalion Chiefs Richard Wiles and James Smith to attend the aforementioned workshop with an expense allowance of $1,006 and $501 respectively. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated February 24, 1994, was presented, requesting authority and funds for Assistant Power Engineer Edwin Hornquist to attend the Western Resource Planning Guide Training in San Diego, March 10-11, 1994, with an expense allowance of $159. 4855 I I Adjourned Regular City Council Meeting Minutes March 8, 1994 Page 4 It was moved by Ybarra, seconded by Gonzales, that authority be granted for Edwin Hornquist to attend the aforementioned training with an expense allowance of $159. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 1, 1994, was presented, transmitting results of bids opened February 17, 1994, in accordance with Bid No. 1333 for the purchase and installation of one Two Post Clear Floor Electric Lift for the Community Services Department (garage): Auto Shop Equipment Co., Inc. Petersen Hydraulic Repair Myers Tire Supply D. H. Auto Equipment Auto Lift & Equipment Service $ 12,342.82 12,764.41 13,832.96 14,321.30 15,525.16 The bids have been reviewed by the Interim Director of Community Services and the Purchasing Department, and it is hereby recommended that Bid Number 1333 be accepted and authority granted to issue a Purchase Order to Auto Shop Equipment Co. for one Two-Post Clear Floor Electric Lift on the basis of their bid of $12,342.82. It was moved by McCormick, seconded by Davis, to (1) accept Bid No. 1333; (2) issue a Purchase Order to Auto Shop Equipment Co. for the aforementioned purchase in the amount of $12,342.82; and (3) receive and file the communication from the City Clerk dated March 1, 1994. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 1, 1994, was presented, transmitting an agreement with the Wayne Seminoff Company providing for collection of dormant assets which may be owed to the City regarding a bankruptcy matter. This agreement has been reviewed by the City Attorney, and it is hereby recommended that said agreement be approved and executed. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated March 1, 1994, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6395 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Limited Power of Attorney and an Agreement By and Between the City of Vernon and Wayne Seminoff Company to Collect Unclaimed Funds, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6395 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 1, 1994, was presented, transmitting a Basic Storage Service Agreement with the Southern California Gas Company (SoCal). This replacement agreement provides the City with firm gas storage injection, inventory and withdrawal rights on the same terms and conditions presently in effect, and shall be attached to and incorporated as Schedule D in the existing Pro Forma Master Services Contract with SoCal. This agreement has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that the agreement be approved and executed. 4854 I I Adjourned Regular City Council Meeting Minutes March 8, 1994 Page 5 It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated March 1, 1994 be received and filed, and that his recommendation be approved. Motion carried. Mayor Malburg abstained from voting on this matter. RESOLUTION NO. 6396 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Pro Forma Master Services Contract, Schedule D, Basic Storage Service Agreement By and Between the City of Vernon and Southern California Gas Company, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6396 be approved and adopted. Motion carried. Mayor Malburg abstained from voting on this matter. Communication from Police Chief Louis Rosenkrantz, dated March 2, 1994, was presented, requesting authority and funds for Officer Randy Phillips to attend the Legal Update Course at California State University Long Beach, April 14-16, 1994, with an expense allowance of $289 of which $265 will be reimbursed by POST. It was moved by Davis, seconded by Gonzales, that authority be granted for Officer Randy Phillips to attend the aforementioned course with an expense allowance of $289. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 3, 1994, was presented, advising that pursuant to Government Code Section 65089 certain Congestion Management Programs must be implemented to promote alternative transportation methods. Accordingly, we have drafted an ordinance and reviewed it with staff of the Metropolitan Transit Authority (MTA) who are of the opinion that the Transportation Demand portion of the ordinance meets their requirements but the Land Use Program is inadequate. City staff is in disagreement with MTA's interpretation of the Government Code and believes that MTA has gone beyond the intent of the legislation. If MTA does not certify that our ordinance is in compliance, there is a possibility that Vernon will not receive its share of state gas tax monies, and potential state or federal grants could also be affected. This has been reviewed by the Interim Director of Community Services and the City Attorney and it is staffs' opinion that the ordinance meets the state's requirements. It is hereby recommended that the following ordinance be approved and adopted. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated March 3, 1994, be received and filed, and that his recommendation be approved. 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, was read by title by the City Clerk. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1015 be approved for a First Reading. Motion carried. Communication from Victor H. Vaits, Interim Director of Community Services, dated March 2, 1994, was presented, requesting authority and funds to attend the Public Works Officers Institute in San Diego, March 23-25, 1994, with an expense allowance of $843. 4853 I I Adjourned Regular City Council Meeting Minutes March 8, 1994 Page 6 It was moved by Ybarra, seconded by McCormick, that authority be granted for Victor Vaits to attend the afore- mentioned institute with an expense allowance of $843. Motion carried. Communication from Fire Chief Dave Telford, dated March 2, 1994, was presented, requesting authority and funds for Fire Engineer David Shea to attend the Apparatus Driver/Operator IA and 1B Courses in Monterey Park, March 21-April 15, 1994, with an allowance of $300 for the registration fee. It was moved by Gonzales, seconded by Davis, that authority be granted for Fire Engineer David Shea to attend the aforementioned courses with an allowance of $300 for registration. Motion carried. Communication from Fire Chief, Dave Telford, dated March 2, 1994, was presented, requesting authority and funds for the below listed Firefighters to attend the Hazardous Material Specialist Upgrade, Module 1E Course in Santa Fe Springs, April 4-8, 1994, with an allowance of $350 each for the registration fee: Dan Armellini Tom Egan Todd Painton Doug Barker Andrew Kroner Barry Schoolmeester It was moved by McCormick, seconded by Gonzales, that authority be granted for the above listed Firefighters to attend the aforementioned course with an allowance of $350 each for registration. Motion carried. Communication from Bruce V. Ma1kenhorst, Director of Personnel, dated March 3, 1994, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held March 7, 1994, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations listed on the Agenda for the Adjourned Regular Personnel Committee Meeting held March 7, 1994, be approved. Motion carried. WARRANT REGISTER NO. 883 covering claims and demands presented during the period of February 18 thru March 3, 1994, drawn on the First Interstate Bank totaling $277,950.12, which includes Demand Nos. 45762 thru 45930 (inclusive), excluding Light and Power Demands and Void Demand Nos. 45778, 45785, and 45802 thru 45805 (inclusive) (accounting period March, 1994) was examined and audited. It was moved by Davis, seconded by McCormick, that Warrant Register No. 883 be approved and payment authorized for claims and demands totaling $277,950.12, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 883 covering claims and demands presented during the period of February 18 thru March 3, 1994, drawn on the First Interstate Bank totaling $3,393,196.87, which includes Light and Power Demand Nos. as listed below (accounting period March, 1994) was examined and audited: 45763 45764 45768 45769 45770 45771 45772 45776 45786 45788 45790 45792 45793 45794 45795 45796 45815 45820 45824 45826 54846 45850 45855 45859 45868 45872 45883 45892 45901 45903 45906 45909 45912 45919 45922 45924 45929 4852 I I Adjourned Regular City Council Meeting Minutes March 8, 1994 Page 7 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 883 be approved and payment authorized for claims and demands totaling $3,393,196.87, 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. Consideration of a Partial Settlement Agreement with Southern California Gas Company submitted by David B. Brearley, City Attorney, February 17, 1994. (Deferred from the City Council Meeting held February 22, 1994.) RESOLUTION NO. 6381 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Partial Settlement Agreement By and Between the City of Vernon and Southern California Gas Company. (Deferred from the City Council Meeting held February 22, 1993.) The City Attorney advised that the above matters should be removed from the Agenda. It was moved by McCormick, seconded by Ybarra, that the aforementioned matter pertaining to the Southern California Gas Company and Resolution No. 6381 be removed from the Agenda. Motion carried. The Mayor called a recess at 5:45 p.m. The Council reconvened in regular session at 5:48 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Code Section 54956.9(a), the time being 5:49 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, and the Interim Director of Community Services. The Mayor ordered that all communications to and from Closed Session be deemed privileged and confidential. The Interim Director of Community Services was excused at 6:05 p.m. The Mayor was excused at 6:05 p.m. and Chairman Pro Tem Ybarra assumed the chair. At 6:07 the Mayor returned and resumed the chair of the meeting. 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 6:10 p.m. 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. ~ .' A/~-"~ ~~~/; -;/",~L:~z;; . . ~onis C. Mal~rg Mayor 6~~~ Bruce V. Malkenhorst City Clerk 4851 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 TUESDAY, MARCH 1, 1994 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 DUE TO LACK OF QUORUM TO MARCH 8, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA Clerk AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT 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 2nd day of March, 1994, have posted: The above Notice of Adjournment for the City Council Meeting to be held March 1, 1994. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was to be held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Dated: ..8/d/9V ~ HPOUtu;4.(.D~ Gl~J1;. or~o Chief Deputy City Clerk noa2