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19940426 Regular City Council Meeting - Minutes I I .. .', ';7'.'" MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 26, 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, Davis, Gonza.les, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. The City Clerk requested that the following Resolu- tion No. 6408 be deferred to the end of the meeting. RESOLUTION NO. 6408 - A Resolution of the city Council of the City of Vernon Authorizing the City Clerk to Make and Deliver a Certificate of Election to Council Members Leonis C. Malburg, Thomas A. Ybarra, and William M. McCormick and to Administer the Oath of Office. It was moved by Ybarra, seconded by Davis, that Resolution No. 6408 be deferred to the end of the meeting. Motion carried. It was moved by Ybarra, seconded by Davis, that the Minutes of the City council Meeting held April 5, 1994, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated April 14, 1~94, was presented, transmitting the Court Reporter's TranscriPt of the Hearing held April 5, 1994, per- taining to the revocation of the Condi tionalV.~~ Permit of JCI Environmental Services, Inc. It was moved by McCormick, seconded by Gonzales, that the aforementioned transcript be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 14, 1994, was presented, advising that the below listed employees have qualified in the month of March 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 Award 2 Year 3 Year 3 Year 3 Year 7 Year Employee 11/01/76 08/13/79 08/05/84 05/16/57 03/01/87 Liz Sawickis, Records Manager Carol Childers Engineering Aide Patrick Keye, utility Clerk Robert Smith, Fire Engineer Dan Downing, Environmental Specialist The Mayor 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 heads. 08/13/87 04/28/86 03/16/86 John Cusolito, Fire Engineer Eliseo Genera, civ. Traffic Officer Mario Mendoza, Utilityman 2 Year 4 Year 8 Year The Mayor called a recess at 5:05 p.m. The Council reconvened in regular session at 5:11 p.m., all members present before the recess again being present. 4875 I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 2 Police Department Activity Log for the period April 1 thru 15, 1994, was presented. It was moved by Ybarra, seconded by Gonzales, that the Police Department Activity Log for the period April 1 thru 15, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period April 1 thru 15, 1994, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity Report for the period April 1 thru 15, 1994, be received and filed. Motion carried. Health Department Report for the month of March, 1994, was presented. It was moved by Gonzales, seconded by Davis, that the Health Department Report for the month of March, 1994 be received and filed. Motion carried. Risk Management Report for the month of March, 1994, was presented. It was moved by Ybarra, seconded by McCormick, that the Risk Management Report for the month of March, 1994 be received and filed. Motion carried. It was moved by Gonzales, seconded by Davis, to open the HEARING for thedetermi~ation of the disability retirement of former Firefighter Vernon Sem, the time being 5:11 p.m. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated April 20, 1994, was presented, advising that former Fire- fighter Vernon Sem applied for a service retirement pending disability determination with the Public Employees Retirement System. Based on the medical report of Dr. Robert F. Allen, dated December 16, 1993, it is hereby recommended that the disability retirement filed by Mr. Sem be denied. Mr. Sem was notified by letter dated March 1, 1994 that recommendation would be presented to Council to deny his disability retirement request and that if he had any information supporting his request he should submit it by March 30, 1994 to the City Clerk. Vernon Sem addressed the City Council and submitted doctor's reports for Council's review which he felt substantiated his request. David B. Brearley, City Attorney, addressed Mr. Sem and clarified information for him pertaining to retirement law. It was moved by Ybarra, seconded by Davis, that documents submitted by Mr. Sem be received and filed as evidence. Motion carried. It was moved by Ybarra, seconded by Davis, that the Hearing for the determination of the disability retirement of former Firefighter Vernon Sem be continued to/the next City Council Meeting. Motion carried. RESOLUTION NO. 6505 - A Resolution of the city Council of the City of Vernon Denying the Disability Retirement of Vernon Sem, a Local Safety Member Employed by the City of Vernon (Government Code sections 21024 and 21025). It was moved by McCormick, seconded by Ybarra, that Resolution No. 6505 be deferred to the next city Council Meeting. Motion carried. 4874 I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 3 The City Clerk advised 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 at this time. Mr. steve O'Neill, attorney representing Central Basin Municipal Water District, asked if he should address the City Council now, or would he have an opportunity to address them when the Central Basin matter comes before the Council later in the meeting. The City Clerk advised Mr. O'Neill that he could address the Council when this matter comes before them. It was moved by McCormick, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Hi Point Industries for a Variance to allow the tenant to utilize two non- conforming truck docks at 4767 49th street, the time being 5:20 p.m. Motion carried. victor H. Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized this matter for them. Communication from Bruce V. Malkenhorst, City Clerk, dated April 13, 1994, was presented, advising that Hi Point Industries, 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 4767 49th Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has one conforming truck loading space. There are two non-conforming spaces that are 8.75 feet wide and 41.4 feet long. 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 it is hereby recommended that the Variance be granted with the following Condition: 1. The truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked if anyone in the audience wished to address the Council on this matter. No one in the audience wished to address the Council. It was moved by Ybarra, seconded by Davis, to close the Public Hearing pertaining to the request for a Variance from Hi Point Industries, Inc., the time being 5:25 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated April 13, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Hi Point Industries, Inc. contin- gent upon their adherence to the aforementioned Condition No.1. Motion carried. 4873 I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 4 RESOLUTION NO. 6410 - A Resolution of the City Council of the city of Vernon Granting a Variance to Hi Point Industries, Inc., From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 4767 49th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6410 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, to open the PUBLIC HEARING to consider a request from Concept Enter- prises, Inc. for a Variance to allow the tenant to utilize eight non-conforming truck docks at 4260 Charter Street, the time being 5:26 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 April 13, 1994, was presented, advising that Concept Enterprises, 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 4260 Charter 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 eight non-conforming truck loading spaces that are 9 feet wide. Five of the spaces are 61.5 feet long, and the other three are 48.7, 53 and 59 feet long. The company is proposing to use only vehicles of a smaller length at these docks. This has been reviewed by the Interim Director of Commu- nity Services, and it is hereby recommended that the Variance be granted with the following Condition: 1. The truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked if anyone in the audience wished to address the Council on this matter. No one in the audience wished to address the Council. It was moved by Davis, seconded by Gonzales, to close the Public Hearing pertaining to the request for a Variance from Concept Enterprises, Inc., the time being 5:27 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated April 13, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Concept Enterprises, Inc. contingent upon their adherence to the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6409 - A Resolution of the City Council of the City of Vernon Granting a Variance to Concept Enterprises, Inc., From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 4260 Charter Street in the city of Vernon, was pre- sented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6409 be approved and adopted. Motion carried. ~ 487& I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 5 It was moved by Ybarra, seconded by McCormick, to open the PUBLIC HEARING to consider a request from star Knits of California for a Variance to allow the tenant to utilize two non- conforming truck docks at 4220 Charter street, the time being 5:28 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 April 13, 1994, was presented, advising that Star Knits of California has submitted an Application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4220 Charter 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 two non-conforming truck loading spaces that are 48.1 feet long and 9 feet wide. 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 it is hereby recommended that the Variance be granted with the fol- lowing Condition: 1. The truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked if anyone in the audience wished to address the Council on this matter. No one in the audience wished to address the Council. It was moved by McCormick, seconded by Davis, to close the Public Hearing pertaining to the Variance request from Star Knits of California, the time being 5:30 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated April 13, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Star Knits of California contin- gent upon their adherence to the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6411 - A Resolution of the City Council of the City of Vernon Granting a Variance to Star Knits of California From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 4220 Charter Street in the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6411 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider an application from ANR Freight System, Inc. for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 3677 Bandini Boule- vard, the time being 5:32 p.m. Motion carried. 4871 I I Adjourned Regular city Council Meeting Minutes April 26, 1994 Page 6 Communication from victor H. Vaits, Interim Director of Community Services, dated April 21, 1994, was presented, advising that ANR Freight System, Inc. has applied for a Condi- tional Use Permit to operate a truck and freight terminal at 3677 Bandini Boulevard, 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 noti- fication letters to owners and tenants in the area and affidavits of posting and mailing. ANR Freight System, Inc. 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 ad- verse effects to the City of Vernon and will not have a signifi- cant 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 accor- dance with, and made to conform with all current to codes, rules, regulations and permit fees as adopted by the City of Vernon. The facility shall be operated in a manner that will prevent unsanitary conditions, odors and 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 3677 Bandini Boulevard. b. A hazardous materials inventory and business/contingency plan shall be sub- mitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department within the first 30 days of occupying the site. Hazardous mater- ials/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. Any damaged areas of pavement covering the site shall be repaired prior to occupancy. d. Servicing of vehicles including washing, steam cleaning and repairing shall be per- formed in facilities in compliance with appropriate codes. e. 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. 4MO I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 7 f. All required federal, state, local, and reg- ulatory agency permits shall be obtained prior to operation. g. ANR must comply with all conditions as set forth in the Truck Terminal Cleanup Agree- ment, Docket No. HSA93/94-004A. h. Where parking or maneuvering of vehicles adjoin a public street, a 30 inch high barrier wall or 4 foot wide landscaped area shall be established. i. ANR Freight System, Inc. shall either con- struct a traffic signal and a center median to City of Vernon standards as shown on Exhibit "A" or provide an access point onto 26th Street for the site and eliminate all site access to Bandini Boulevard. If the construction of the traffic signal and the median is to be done then the work shall be completed prior to occupancy or a bond in the amount of $100,000. shall be posted with the City guaranteeing completion of construction. j. Dedicate to the City of Vernon the property as shown on Exhibit "A" for the construction of a future frontage roadway. k. All fluorescent light ballasts shall be tested for the presence of polychlorinated biphenyls (PCBs). Ballasts containing PCBs shall be removed and managed as hazardous waste. Communication from victor H. Vaits, Interim Director of Community Services, dated April 26, 1994, submitting changes and additions to the Conditions previously recommended in his letter of April 21, 1994 as follows: g. ANR must comply with all conditions as set forth in the Truck Terminal Cleanup Agree- ment, Docket No. HSA93/94-004A of the De- partment of Toxic Substances Control, California Environmental Protection Agency. 1. The previously approved Conditional Use Permit granted to SERVCON-Vernon, Inc. for the materials recovery and transfer facility at this site, shall be withdrawn by a representative of SERVCON-Vernon, Inc. victor Vaits, Interim Director of Community services, addressed the Council and advised that he had two additional items which would affect Condition "g" referenced in his letter of April 21st, and that he was also adding Condition "1". The changes are as follows: g. ANR must comply with all conditions as set forth in the Truck Terminal Cleanup Agree- ment, Docket No. HSA93/94-004A of the De- partment of Toxic Substances Control, California Environmental Protection Agency. 1. The previously approved Conditional Use Permit granted to SERVCON-Vernon, Inc. for the materials recovery and transfer facility at this site, shall be withdrawn by a repre- sentative of SERVCON-Vernon, Inc. 4,8S,' I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 8 Mr. vaits also addressed a letter from ANR that was faxed this date advising they were unwilling to make improvements to the property and also that they would not act upon getting ServCon to cancel their Conditional Use Permit. Communication from David A. Klimut, Assistant Counsel, ANR Freight System Inc., dated April 26, 1994, was pre- sented, advising that ANR Freight System, Inc. management was not willing to make improvements to the public right-of-way as a con- dition of occupancy of this property, which it has used as a trucking terminal for forty years, and which it merely intends to occupy on a temporary basis. In addition, ANR Freight System, Inc. is not in a position to demand, nor is it inclined to re- quest, that ServCon withdraw the previously approved Conditional Use Permit granted to that company. The Mayor asked if anyone in the audience wished to address the Council on this matter. Mr. Mike McKnight, Manager of ANR's local facility, addressed the Council and advised them why they were opposing some of the changes set forth by the Conditions. David B. Brearley, City Attorney, discussed the necessity to void the Conditional Use Permit previously issued to ServCon. Mr. Brearley asked Mr. vaits if he would be willing to recommend the issuance of the Conditional Use Permit if the company does not wish to abide by the Conditions. Mr. vaits said no. Mr. Brearley stated that he would support Mr. Vaits's recommendation based on the company's unwillingness to meet all the Conditions as set forth here tonight. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the request for a Conditional Use Permit from ANR Freight System, Inc., the time being 5:43 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communications and supporting documents from the Director of Community Services dated April 21 and 26, 1994, and the communi- cation from Mr. Klimut of ANR dated April 26, 1994, submitted during the Public Hearing, be received and filed as evidence. Motion carried. It was moved by Gonzales, seconded by Ybarra, to deny the request for a Conditional Use Permit by ANR Freight System, Inc. Motion carried. RESOLUTION NO. 6414 - A Resolution of the City Council of the City of Vernon Denying a Conditional Use Permit to ANR Freight System, Inc. for the operation of a Truck and Freight Terminal at 3677 Bandini Boulevard, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6414 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Mccormick, to open the PUBLIC HEARING to consider a request from Gold'N West Surplus for a Variance to allow the tenant to utilize two non- conforming truck docks at 4515-4535 48th Street, the time being 5:45 p.m. Motion carried. Victor H. Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized this matter. ;;:':;~~ 486F8 I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 9 Communication from Bruce V. Malkenhorst, City Clerk, dated April 20, 1994, was presented, advising that Gold'N West Surplus has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4515-4535 48th 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 two conforming truck loading spaces and two non- conforming spaces which measure 29.1 feet long and 15 feet wide. 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 it is hereby recommended that the variance be granted with the following Condition: 1. The truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked if there were any questions of Mr. Vaits or if there was anyone in the audience who had any ques- tions. There were no questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to Gold'N West Surplus, the time being 5:48 p.m. Motion carried. It was moved by Ybarra, seconded by Mccormick, that the communication from the City Clerk dated April 20, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to GoldiN West surplus contingent upon their adherence to the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6413 - A Resolution of the City council of the City of Vernon Granting a Variance to GoldiN West Surplus From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 4515-4535 48th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6413 be approved and adopted. Motion carried. It was moved by MCCormick, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Feit Electric Company for a Variance to allow the tenant to utilize two non- conforming truck docks at 2042 Vernon Avenue, the time being 5:48 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 April 20, 1994, was presented, advising that Feit Electric Company has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Sections 26.4.2.7, Minimum Truck Parking and Loading Facility Requirements, and 26.4.2-8. Develop- ment Standards, for the building located at 2042 Vernon Avenue, and transmitting the following evidence: 4861 I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 10 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has one conforming truck loading space and two non- conforming truck loading spaces which are 60 feet long and 10 feet wide. 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 it is hereby recom- mended that the variance be granted with the following Condi- tions: 1. The usage of the loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. 2. To comply with the Master Plan of Streets, dated June 16, 1992, applicant shall dedi- cate the necessary street right-of-way, which is the portion of property on Vernon Avenue currently used as sidewalk, to the City of Vernon at no cost. The Mayor asked if there was anyone in the audience who had any questions. There were no questions. It was moved by Ybarra, seconded by McCormick, to close the Public Hearing pertaining to the request for a Variance from Feit Electric Company, the time being 5:56 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated April 20, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Feit Electric Company contingent upon their adherence to the aforementioned Conditions No. 1 and 2. Motion carried. RESOLUTION NO. 6412 - A Resolution of the City council of the City of Vernon Granting a Variance to Feit Elec- tric Company From Sections 26.4.2-7 and 26.4.2-8 of the Compre- hensive Zoning Ordinance, for Property Located at 2042 Vernon Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6412 be approved and adopted. Motion carried. Communication from Richard W. Atwater, General Manager of the Central Basin Municipal Water District, dated March 15, 1994, was presented, requesting the Council's consider- ation of the District's application for an encroachment permit (dated August 23, 1993) concerning installation of underground pipelines in portions of Downey Road, 46th Street, Packers Avenue, Boyle Street, Fruitland Avenue, 55th Street, and other portions of the City. (Deferred from the City Council Meeting held April 5, 1994.) Mr. Steven O'Neill, attorney for Central Basin Municipal Water District, addressed the Council and requested the Council's assistance in having their encroachment permit approved and also presented a letter written by Richard W. Atwater, General Manager, this date. . 48:6"6;' I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 11 Mr. Tom Land, Engineer for central Basin, addressed the Council concerning the December 1993 letter from Mr. vaits asking for three conditions, and stated that Central Basin is willing to meet those conditions; however, Mr. vaits has still not responded. At 6 p.m. Mayor Malburg excused himself from chairing the meeting, and Mayor Pro Tem Ybarra assumed the Chair. Mr. O'Neill asked what else was needed to get this encroachment permit issued. He also stated that he had a letter at this time which addresses the pricing issue that the attorney and Council were inquiring about at the last meeting. Mr. vaits proceeded to discuss the pricing for reclaimed water. Mr. Brearley indicated that he advised the City Council at the last meeting that he and Bruce V. Malkenhorst had met with Mr. Ralphs and Mr. Ralphs was going to provide informa- tion regarding concerns that arose during that meeting about the price and who will be responsible for subsidizing these costs in the future. Councilman Gonzales said he was still not satisfied with Central Basin's letter or the costs that are to be charged. The Mayor Pro Tem asked if there were any more questions. There were no questions. It was moved by Gonzales, seconded by Davis, that the communication from Richard W. Atwater dated March 15, 1994 be received and filed. Motion carried. It was moved by Gonzales, seconded by Mccormick, that the matter of the Central Basin Municipal Water District's request for an encroachment permit be referred to the Department of Community services for further review. Motion carried. The City Clerk also advised that Central Basin should meet with the Interim Director of community Services and staff in an attempt to resolve the issue. Mayor Malburg resumed his chair at 6:10 p.m. Communication from Police Chief Louis Rosenkrantz, dated March 7, 1994, was presented, requesting authority and funds for Police Officers David Zapien and David Rumley to attend the Legal Update Course at California state University Long Beach, May 19-21, 1994, with an expense allowance of $328 each of which $304 will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority be granted for Officers David Zapien and David Rumley to attend the aforementioned course with an expense allowance of $328 each. Motion carried. Communication from Police Chief Louis Rosenkrantz dated March 10, 1994, was presented, requesting authority and funds for Police Sergeants Michael Gillman and Anthony Zack to attend the Jail Management Course at Cal Poly Pomona, May 23-27, 1994, with an expense allowance of $498.76 each. It was moved by McCormick, seconded by Gonzales, that authority be granted for Sergeants Michael Gillman and Anthony Zack to attend the aforementioned course with an expense allow- ance of $498.76 each. Motion carried. T&H I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 12 Communication from Victor H. Vaits, Interim Director of Community services, dated March 10, 1994, was presented, requesting authority and funds for Patricia Salerno, Secretary to the Director of Community services, to attend the Interpersonal Skills Seminar in Los Angeles on May 17, 1994, with an expense allowance $115.50. It was moved by Ybarra, seconded by Davis, that authority be granted for Patricia Salerno to attend the aforemen- tioned seminar with an expense allowance of $115.50. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated March 15, 1994, was presented, requesting authority and funds to attend the 16th Annual Enforce- ment Symposium Cross-Media Training in Santa Barbara, May 24-27, 1994, with an expense allowance of $645.60. It was moved by McCormick, seconded by Gonzales, that authority be granted for Lewis Pozzebon to attend the aforemen- tioned symposium with an expense allowance of $645.60. Motion carried. Communication from Bruce V. Malkenhorst, City Admin- istrator, dated March 7, 1994, was presented, requesting authority and funds for Antonio Olivo, Administrative Aide, to attend the Newsletter Editor's Workshop in Anaheim, May 24-25, 1994, with an expense allowance of $415. It was moved by Ybarra, seconded by Davis, that authority be granted for Antonio Olivo to attend the aforemen- tioned workshop with an expense allowance of $415. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated April 6, 1994, was presented, re- questing authority and funds for Alex Price, Environmental Specialist, to attend the Environmental Bioremediation Course in Buena Park, May 10-11, 1994, with an expense allowance of $347.04. It was moved by Gonzales, seconded by McCormick, that authority be granted for Alex Price to attend the aforementioned course with an expense allowance of $347.04. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated April 7, 1994, was presented, requesting authority and funds for Officer Rex Hill to attend the Violent Crime/Fugitive Task Force Seminar in Quantico, Virginia at the FBI Academy, May 5-6, 1994, at no cost to the City. The FBI is paying for all expenses. It was moved by Davis, seconded by Ybarra, that authority be granted for Officer Rex Hill to attend the aforemen- tioned seminar contingent upon the City not incurring any mone- tary costs. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated April 12, 1994, was presented, requesting authority and funds for James Wilcox, Environmental Specialist, to attend the community Awareness and Emergency Response Conference in Carson, May 16-18, 1994, with an expense allowance of $224. It was moved by Gonzales, seconded by Ybarra, that authority be granted for James wilcox to attend the aforemen- tioned conference with an expense allowance of $224. Motion carried. 4864 I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 13 Communication from Fire Chief Dave Telford, dated April 12, 1994, was presented, requesting authority and funds for Firefighter Eric Purvis and Captain Michael Wilson to attend the Emergency Building Shoring Class in Rancho Cucamonga, June 8-10, 1994, with an expense allowance of $205 each. It was moved authority be granted for Michael Wilson to attend allowance of $205 each. by McCormick, seconded by Davis, that Firefighter Eric Purvis and Captain the aforementioned class with an expense Motion carried. Communication from victor H. vaits, Interim Director of Community Services, dated April 19, 1994, was presented, advising that one bid was received and opened this date in accordance with Contract No. 522, Traffic Pavement Striping 1994, and recommending that the contract be awarded to Arrow Straight Marking and Striping Service, 3084 Strasbourg Drive, Riverside, California on the basis of their bid of $46,688.59 victor H. Vaits, Interim Director of Community Services, advised there was a discrepancy in the amounts bid and a misunderstanding of the specifications for this contract and suggested that the bid be rejected and the City readvertise the contract. He also advised that the specifications have been clarified and should be understood by all future bidders. It was moved by Ybarra, seconded by Gonzales, to reject all bids received in accordance with Contract No. 522, and that new proposals or bids be sought in accordance with revised Contract No. 522. Motion carried. RESOLUTION NO. 6417 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Arrow Straight Marking and Striping Service in Accordance with Contract No. 522 of the City of Vernon and Approving the Execution of Said Con- tract, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6417 be removed from the Agenda. Motion carried. Communication from Victor H. vaits, Interim Director of Community Services, dated April 19, 1994, was presented, transmitting Contract No. 523, Rehabilitation of Reservoir 2-3. The contract has been reviewed by the City Attorney, and it is hereby recommended that the contract be approved and authority granted to advertise for bids. It was moved by Gonzales, seconded by Davis, that Contract No. 523 be approved and authority granted to advertise for bids. Motion carried. RESOLUTION NO. 6416 - A Resolution of the City Council of the City of Vernon Approving Contract No. 523 of the City of Vernon for Rehabilitation of Reservoir 2-3 and Author- izing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6416 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 20, 1994, was presented, transmitting a Nondisposal Facility Element (NDFE) which is required to be submitted to the California Integrated Waste Management Board by April 30, 1994. The NDFE was prepared by our contractor Emcon Associates and has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that said Nondisposal Facility Element be approved and adopted. 4;18:63 I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 14 It was moved by Ybarra, seconded by Mccormick, that the communication from the City Clerk dated April 20, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6420 - A Resolution of the City council of the City of Vernon Adopting a Nondisposal Facility Element For All New and Existing Nondisposal Facilities Needed to Implement Local Source Reduction and Recycling Elements Pursuant to Public Resources Code section 41730 Et Seq, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6420 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 20, 1994, was presented, transmitting a fully exe- cuted Grant of Easement from Y.I. Properties, Inc. for an ease- ment on the northwest corner of Vernon Avenue and Downey Road to cover aerial crossing of electric facilities. This has been reviewed by the Director of Light and Power, and it is hereby recommended that the Grant of Easement be accepted and the Certificate of Acceptance be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated April 20, 1994 be re- ceived and filed, the Grant of Easement from Y.I. Properties be accepted, and the certificate of Acceptance be approved and executed. Motion carried. Communication from victor H. Vaits, Interim Director of Community Services, dated April 21, 1994, was presented, submitting a copy of a letter dated April 14, 1994 to Mr. Julian Carrasco, owner of JCI Environmental services, Inc. outlining existing violations under Conditional Use Permit Conditions b, f and r; and notifying Mr. Carrasco that the matter of the termina- tion of their Conditional Use Permit would be brought to the Council for decision at the next City Council Meeting. It was moved by Gonzales, seconded by McCormick, that the communication from the Interim Director of Community Services dated April 21, 1994 be received and field. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 21, 1994, was presented, advising that JCI Environ- mental Services, Inc. failed to comply with the City Council requirements set at the conclusion of the Public Hearing held on April 5, 1994, and recommending that the Conditional Use Permit previously granted to JCI Environmental Services, Inc. be re- voked. The Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. There was no one in the audience who wanted to address the Council on this matter. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated April 21, 1994 be re- ceived and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6418 - A Resolution of the City Council of the City of Vernon Revoking and Declaring Void a Conditional Use Permit Granted to JCI Environmental Services, Inc. for the Operation of a Truck Terminal at 4133 Bandini Boulevard in the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6418 be approved and adopted. Motion carried. 4.86,2 I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 15 Communication from Bruce V. Malkenhorst, city Clerk, dated April 20, 1994, was presented, transmitting results of Bids received and opened April 20, 1994, as listed below, in accor- dance with Bid No. 1335 for one 1500 KVA padmount Transformer: 1. ABB c/o WESCO 2. Pauwels Transformer, Inc. 3. GE c/o GE E.D.S.O. 4. Howard Industries 5. Cooper Power Systems c/o UPSCO $15,236.19 14,736.00 17,014.00 18,674.21 18,046.00 The bids have been reviewed by the Director of Light and Power and it is hereby recommended that Bid No. 1335 be accepted and the bid awarded to ABB c/o WESCO on the basis of their bid of $15,236.19. It was moved by McCormick, seconded by Ybarra, that Bid No. 1335 be referred back to the Director of Light and Power for further clarification. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 21, 1994, was presented, transmitting a Computation Report compiled by Kenneth J. DeDario, Director of Light and Power, determining the Energy Cost Adjustment Billing Factor for the next three month period. Based on the actual fuel expenses and revenues, and Southern California Edison Company's forecast for the next three months, it is hereby recommended that the new factor of negative $0.02372 per kilowatt hour be approved for all bills rendered from May 1, 1994. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated April 21, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6419 - 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. 6419 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 21, 1994, was presented, transmitting a Letter Agreement with Bonneville Power Administration providing for a Vernon power purchase wherein Vernon receives surplus firm energy May 1994 through July 1994 and BPA receives payment; and also, Vernon receives capacity and energy in August and September 1994 with BPA receiving payment for the capacity and a one-for-one return of the energy in November and December 1994. The agree- ment 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. It was moved by Gonzales, seconded by Mccormick, that the communication from the City Clerk dated April 21, 1994 be received and filed, and that his recommendation be approved. 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. RESOLUTION NO. 6421 - A Resolution of the city Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement, Contract No. DE-MS79-94BP94399, Providing for a Seasonal Exchange of capacity and Associated Energy with Bonneville Power Administration ("BPA"), was present- ed. 48';61 I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 16 It was moved by Ybarra, seconded by McCormick, that Resolution No. 6421 be approved and adopted. 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. Communication from Bruce V. Malkenhorst, City Clerk, dated April 21, 1994, was presented, advising that Angelus Sanitary Can Machine Company has submitted an application for a Variance from Section 505, Allowable Floor Areas, of the 1991 Uniform Building Code, for the property located at 4900 Pacific Boulevard and transmitting the Engineer's Report as prepared by the Department of Community Services. The company is proposing to construct a 1,630 square foot addition to their center building to store parts. The size of the existing building is approximately 86,500 square feet and is non-conforming since the maximum allowable area is 72,000 square feet. This has been reviewed by the Interim Director of community Services, and it is hereby recommended that the Variance be granted to Angelus Sanitary Can Machine Company. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated April 21, 1994 be received and filed, and that the Variance be granted to Angelus Sanitary Can Machine Company. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated April 21, 1994, was presented, transmitting the Minutes of the Finance Committee Meeting held April 12, 1994, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the Minutes of the Finance Committee Meeting held April 12, 1994 be approved. Motion carried. RESOLUTION NO. 6415 - A Resolution of the city Council of the City of Vernon Authorizing the Sale of Surplus Property From the Community Services Department, the Light and Power Department, the Fire Department, the City Clerk's Depart- ment (Finance), and the City Administrator's Department pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6415 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 21, 1994, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held April 26, 1994, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the aforementioned matter be deferred to later in the City Council Meeting. Motion carried. WARRANT REGISTER NO. 886 covering claims and demands presented during the period of April 1 thru 21, 1994, drawn on the First Interstate Bank totaling $396,831.91, which includes Demand Nos. 46356 thru 46643 (inclusive), excluding Light and Power Demands and Void Demand Nos. 46393, 46405 thru 46418 (inClusive), and 46433 thru 46438 (inclusive) (accounting period April, 1994) was examined and audited. It was moved by Mccormick, seconded by Davis, that Warrant Register No. 886 be approved and payment authorized for claims and demands totaling $396,831.91, excluding Light and Power Demands. Motion carried. .4,8_0 : ',...,';: :<:"'..0, I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 17 WARRANT REGISTER NO. 886 covering claims and demands presented during the period of April 1 thru 21, 1994, drawn on the First Interstate Bank totaling $1,284,725.93, which includes Light and Power Demand Nos. as listed below (accounting period April, 1994) was examined and audited: 46356 46357 46358 46361 46362 46364 46371 46372 46390 46391 46577 46578 46583 46593 46595 46605 46608 46609 46615 46624 46627 46629 46630 46632 46634 46638 46639 46642 46392 46394 46398 46399 46404 46422 46425 46426 46427 46428 46441 46444 46448 46450 46452 46453 46457 46458 46460 46462 46497 46498 46500 46503 46505 46507 46512 46514 46518 46522 46524 46526 46533 46535 46539 46550 46551 46560 46568 46575 46466 46472 46475 46477 46480 46482 46483 46484 46491 46494 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 886 be approved and payment authorized for claims and demands totaling $1,284.725.93. 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. 454 covering claims and demands presented during the period of February 6 thru March 19, 1994, drawn on the First Interstate Bank totaling $2,176,226.15 which includes Demand Nos. 7405 thru 7455 (inclusive) (accounting period March, 1994) was examined and audited. It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 454 be approved and payment autho- rized for claims and demands totaling $2,176,226.15. Motion carried. Consideration of the City's participation in the Southeast Community Development Corporation and selection of a representative from the City Council to serve on the Board of Directors. Gerald W. Forde, Assistant to the City Administrator, addressed the City Council and briefly summarized this matter and the concerns of the community Development Corporation. Mr. Brearley said Martha Escutia's office has already formed the non-profit Community Development Corporation. A councilmember or a staff member may serve on the board of the corporation. He stated that he felt we needed more concrete information on this; the problem is there are some stringent guidelines or cutoff dates. Mr. Brearley suggested that the matter be deferred to the next City Council Meeting. It was moved by McCormick, seconded by Ybarra, that the aforementioned matter pertaining to the Southeast community Development Corporation be deferred to the next City Council Meeting. Motion carried. The Mayor called a recess at 7:03 p.m. The Council reconvened in regular session at 7:05 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 to confer with Legal Counsel on Item No. 1 listed below, the time being 7:05 p.m. Motion car- ried. 1. With respect to every item of business to be discussed in Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. 4859 I I Adjourned Regular City Council Meeting Minutes April 26, 1994 Page 18 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) SoCalGas v. Vernon. LASC No. BS 017468; (b) CPUC Docket No. A.91-03-039 (SoCaIGas); (c) City of Vernon v. Public utilities Commission, Supreme Court No. S036984; All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney and the Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. Mayor Malburg excused himself at 7:07 p.m. and Mayor Pro Tem Ybarra assumed the chair. chair. The Mayor returned at 7:10 p.m. and resumed the It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 7:10 p.m. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 21, 1994, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held April 26, 1994, for approval of the recommendations contained therein. (Deferred from earlier in the meeting.) It was moved by Gonzales, seconded by Ybarra, that the recommendations listed on the Agenda for the Adjourned Regular Personnel Committee Meeting held April 25, 1994 be approved with the exception of the matter of merit step increases for the following firefighters: Daniel Armellini, Doug Barker, Andrew Kroner, Walter Maxwell, Thomas Egan and Todd Painton. Motion carried. RESOLUTION NO. 6408 - A Resolution of the City Council of the City of Vernon Authorizing the City Clerk to Make and Deliver a Certificate of Election to Council Members Leonis C. Malburg, Thomas A. Ybarra, and William M. McCormick and to Administer the Oath of Office, was presented. (Deferred from earlier in the meeting.) At this time the city Clerk issued the Oath of Office to each gentleman and presented them with Certificates of Elec- tion. It was moved by Gonzales, seconded by Davis, that Resolution No. 6408 be approved and adopted. Motion carried. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by MCCormick, that the meeting adjourn. Motion carried. ~~~' .. eonis C. Ma urg' . yor ATTEST: ~ Bruce V. Malkenhorst City Clerk 48:"8 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, APRIL 19, 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 TUESDAY, APRIL 26, 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 19th day of April 1994, have posted: The above Notice of Adjournment for the City Council Meeting to be held April 19, 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. Da ted: ()fJM-1 C4q /9 q (j' Clerk