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19941115 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 15, 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, Gonzales, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held November 1, 1994, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 9, 1994, 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 2 Year 2 Year 2 Year 2 Year 2 Year 3 Year 4 Year 10/19/92 10/10/85 06/06/88 11/04/91 01/15/89 09/18/89 08/10/80 06/03/74 Abraham Alemu, Electrical Engr. Asst Dolores Fonseca, Accountant Jim Gonzales, Field Operations Mgr. Kenneth Jackson, utilityman Manuel Morales, utilityman David Shea, Fire Engineer Louie Saenz, utilityman Ron Anderson, Foreman 13 Year The Mayor presented the above listed employees with their 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: 07/01/85 11/16/87 02/02/86 10/01/87 Wenceslao Reynoso, Engineering Aide Martha Parra, Transcriber/Typist Jesus Martinez, Water and Power Disp. Jerry Schreiber, Sr. Electrical Insp. 3 Year 4 Year 6 Year 7 Year The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. At this time, Mayor Malburg presented badges and cap pieces to the following newly hired Firefighters based on their successfully completing their training period, and extended congratulations on behalf of the entire City Council: Jeremy Bactat Robert Combe Darrin Curry Paul Johnson David Koltvet Michael Langer Jason McEachran Lawrence Muno Jeffrey Neely Kurt smith The Mayor called a recess at 5:15 p.m. The Council reconvened in regular session at 5:35 p.m., all members present before the recess again being present. 506. I I City Council Minutes page 2 November 15, 1994 Police Department Activity Log for the period November 1 thru 14, 1994, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period November 1 thru 14, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period November 1 thru 14, 1994, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period November 1 thru 14, 1994, be received and filed. Motion carried. Health Department Report for the month of October, 1994, was presented. It was moved by Davis, seconded by McCormick, that the Health Department Report for the month of October, 1994, be received and filed. Motion carried. Risk Management Report for the month of October, 1994, was presented. It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of October, 1994, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if anyone in the audience wished to address the Council on any matter listed on the Agenda other than with regard to any Public Hearing that may be listed. There was no one in the audience who wished to address the Council at this time. ORDINANCE NO. 1025 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, By Adding Chapter 17B Thereto Regarding Public Information and Matters Relating Thereto and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a second and final reading It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1025 be approved and adopted. Motion carried. Ayes: Noes: Abstain: Malburg, Ybarra, Gonzales, Davis, McCormick None None PUBLIC HEARING to consider a request from Champion International Corporation for a Variance to allow the tenant to utilize fifteen non-conforming truck loading spaces at property located at 3100 44th street. (CONTINUED FROM THE CITY COUNCIL MEETING HELD NOVEMBER 1, 1994.) Communication from Bruce V. Malkenhorst, City Clerk, dated November 9, 1994, was presented, advising that Champion International Corporation has requested an extension of time on this matter and staff of the Community services Department is in agreement, and it is recommended that this Public Hearing be continued to the next regularly scheduled City Council Meeting. , r ,; 5'0 &7; I I City Council Minutes page 3 November 15, 1994 It was moved by Ybarra, seconded by Davis, that the Public Hearing pertaining to the request from Champion International corporation be continued to the next City Council Meeting. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Shahram Vahdat for a Conditional Use Permit to allow the construction and operation of a restaurant at 2626 Santa Fe Avenue, the time being 5:40 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Acting Director of Community Services, dated November 10, 1994, was presented, advising that Shahram Vahdat has applied for a Conditional Use Permit to construct and operate a restaurant at 2626 Santa Fe Avenue, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and Information Supporting the Application. 2. Engineer's Report. 3. Initial Study. 4. Notice of Public Hearing, Notice of Intent, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing. 5. Proposed Negative Declaration. The application has been reviewed by the community Services Department, and it is the opinion of the Acting Director of Community Services that the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment. The project is consistent with the General Plan as adopted by the City of Vernon; therefore, it is recommended that the city Council make the following determinations: 1. The project is consistent with the General Plan as adopted by the City of Vernon; 2. The project will not have a significant effect on the environment; and 3. The project will not individually or cumulatively have an adverse effect on wildlife resources. This has been reviewed by the City Attorney, and it is also recommended that a Neqative Declaration be adoDted. that a Notice of Determination and a DeMinimis Finding be filed with the County Clerk and that the Conditional Use Permit be qranted with the following Conditions: 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 ~~66 I I City Council Minutes page 4 November 15, 1994 b. Pursuant to the City of Vernon Comprehensive Zoning Ordinance, parking and loading spaces shall be provided for the restaurant in accordance with Vernon City Code sections 26.4.2-6 and 26.4.2-7. All parking and maneuvering areas, including the ingress and egress shall be paved. c. Prior to occupancy, Shahram Vahdat shall obtain a Sales Tax Permit from the State Board of Equalization bearing the City of Vernon Tax Number 19039, and a City of Vernon Business License. d. Shahram Vahdat shall construct all frontage improvements and fund all required utility relocation and services adjacent to the site along Santa Fe Avenue as directed by the Acting Director of Community Services and shown on the submitted plans. The improve- ments shall include the work associated with the removal and construction of driveways on Santa Fe Avenue, and replacement of any broken or displaced curb, gutter or sidewalk. All work shall be performed to City standards and shall be completed prior to occupancy. e. Adequate trash receptacles shall be provided on the site to keep litter to a minimum. All litter associated with the operation of the restaurant, blown or dropped on adjacent properties, shall be retrieved and disposed of daily by a restaurant employee. f. The parking, driveway access and landscaping shall be developed in accordance with the site plan which was submitted with this application and approved by the Acting Director of Community Services. No changes shall be made in the site development except with the prior approval of the Acting Director of Community Services. g. The restaurant shall be rodent proofed. h. The construction plans for the restaurant shall be approved by Vernon Health Department. The restaurant shall comply with the California Uniform Retail Facilities law. i. All compact parking stalls shall be marked as such by the letter C within the stall, and signs shall be posted stating compact vehicles only and directing the public to the location of standard size stalls. The Mayor asked if Mr. Vahdat was applying for a license from the Alcohol Beverage Control. The spokesperson for Mr. Vahdat said no, not yet. The Mayor asked if there were any other questions from the Councilor from the audience. There were no questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the request from Shahram Vahdat for a Conditional Use Permit, the time being 5:43 p.m. Motion carried. ~~ I I City Council Minutes page 5 November 15, 1994 It was moved by Ybarra, seconded by McCormick, that the communication from the Acting Director of Community Services dated November 10, 1994 and all supporting documents be received and filed as evidence. Motion carried. It was moved by Davis, seconded by Gonzales, that the Council hereby determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council hereby determines that the project will not have a significant effect on the environment. Motion carried. It was moved by Ybarra, seconded by Davis, that the Council hereby determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Ybarra, seconded by Gonzales, that a Negative Declaration be adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, that a Notice of Determination and a DeMinimis Finding be filed with the County Clerk. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Conditional Use Permit be granted to Shahram Vahdat contingent upon his adherence to the aforementioned Conditions "a" thru "i". Motion carried. RESOLUTION NO. 6529 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Shahram Vahdat for the Operation of a Retail Commercial Use (Restaurant) Which will Generate More Than 20 Vehicle Trips per Day per 1,000 Gross Square Feet of Floor Area at 2626 Santa Fe Avenue, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6529 be approved and adopted. Motion carried. It was moved by Davis, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Condor Freight Lines for a Variance to allow the tenant to utilize fifteen non- conforming truck loading spaces at 2601 26th Street, the time being 5:46 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. communication from Bruce V. Malkenhorst, City Clerk, dated November 10, 1994, was presented, advising that Condor Freight Lines has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 2601 26th 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 nineteen conforming truck loading spaces and fifteen non-conforming truck loading spaces that are 10 feet wide, with ten spaces being 20.3 feet long and five that are 26 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming truck loading spaces. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted subject to the following Conditions: 586.4 I I City Council Minutes page 6 November 15, 1994 a. The usage of the non-conforming truck loading spaces shall be limited so that any truck that is parked at the loading docks does not extend into the street right-of-way. b. within six months hereafter, the owner shall dedicate the additional 5.0 feet of right-of- way, currently used as sidewalk to the City of Vernon at no cost to the City. c. Within six months hereafter, the owner shall construct all necessary frontage improvements as directed by the Acting Director of Commun- ity Services including, but not limited to, replacing all cracked or damaged curb, sidewalk and driveway; removing driveways where unused and replacing them with City of Vernon standard curb, gutter, and sidewalk; and constructing a handicap ramp and sidewalk along Harriet street. d. When the street is widened to comply with the Master Plan of streets dated June 16, 1992, the owner shall dedicate the necessary right-of- way and the non-conforming docks shall be permanently sealed or recessed to comply with Section 26.4.2-8 of the comprehensive Zoning Ordinance. wilson. The Mayor asked if there any questions for Mr. There were no questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the Variance request from Condor Freight Lines, the time being 5:47 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated November 10, 1994 and all supporting documents be received and filed, and that the Variance be granted to Condor Freight Lines contingent upon their adherence to the aforementioned Conditions "a" thru "d". Motion carried. RESOLUTION NO. 6544 - A Resolution of the City Council of the City of Vernon Granting a Variance to Condor Freight Lines, From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 2601 26th Street in the City of Vernon, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6544 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUB~C HEARING to consider a request from American Innerspring Co. for a Variance to allow the tenant to utilize two non-conforming truck loading spaces at 5410 Alcoa Avenue, the time being 5:49 p.m. Motion carried. Kevin Wilson, Acting Director of community Services, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated November 10, 1994, was presented, advising that American Innerspring Company has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 5410 Alcoa Avenue, and transmitting the following evidence: 50,&a;:; .' I I City Council Minutes page 7 November 15, 1994 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 spaces that are 8 feet wide and 55 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming spaces. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted subject to the following Condition: a. The usage of the non-conforming truck loading spaces shall be limited so that any truck that is parked at the loading docks does 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 from the Councilor from the audience for Mr. Wilson. There were no questions. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing pertaining to the Variance request from American Innerspring Company, the time being 5:51 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated November 10, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to American Innerspring Company contingent upon their adherence to the aforementioned Condition "a". Motion carried. RESOLUTION NO. 6545 - A Resolution of the City Council of the City of Vernon Granting a Variance to American Innerspring Company, from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 5410 Alcoa in the City of Vernon, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6545 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Madison Brent Venture for a Variance to allow the tenant to utilize eight non- conforming truck loading spaces at 4615-4697 48th Street, the time being 5:51 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated November 10, 1994, was presented, advising that Madison Brent Venture has submitted an application requesting a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4615-4697 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. 5 trsj ";.," " #:-: I I City Council Minutes page 8 November 15, 1994 The building has one conforming truck loading space and eight non-conforming truck loading spaces that are 10 feet wide, with seven of these spaces being 19.6 feet long and one 20 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming truck loading spaces. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted subject to the following Conditions: a. The usage of the non-conforming truck loading spaces shall be limited so that any truck that is parked at the loading docks does not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. b. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. The Mayor asked if there were any questions from the Council for Mr. Wilson or if there was anyone in the audience who wished to address the Council. There were no questions, nor did anyone wish to address the Council. It was moved by McCormick, seconded by Davis, to close the Public Hearing pertaining to the Variance request from Madison Brent Venture, the time being 5:52 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated November 10, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Madison Brent Venture contingent upon their adherence to the aforementioned Conditions "a' and "b". Motion carried. RESOLUTION NO. 6543 - A Resolution of the City Council of the City of Vernon Granting a Variance to Madison Brent Venture From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4615-4697 48th Street in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6543 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Southland Box Company for a Variance to allow the tenant to utilize thirteen non-conforming truck loading spaces at 4955 Maywood Avenue, the time being 5:54 p.m. Motion carried. Kevin Wilson addressed the City Council and submitted photocopies of the immediate area (streets). Mr. Wilson advised that as of last week he was recommending denial of the Variance; however, during the short recess earlier he met with a representative of the company and it appears that they may be able to come to a mutual agreement. Mr. Wilson recommended, at this time, that the Public Hearing be continued to the next City Council meeting. It was moved by Ybarra, seconded by McCormick, that the Public Hearing to consider a Variance request from Southland Box Company be continued to the next City Council Meeting, the time being 5:56 p.m. Motion carried. 5961 I I City Council Minutes page 9 November 15, 1994 It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC BEARING to consider a request from Daniel C. Fessenden Company d.b.a. California Warehouse Company for a Variance to allow the tenant to utilize forty non-conforming truck loading spaces at 4455 Fruitland Avenue, the time being 5:58 p.m. Motion carried. Kevin Wilson addressed the City Council and also submitted photocopies of pictures of the immediate area. He also advised that it did not appear that they could come to a mutual agreement to resolve the situation. The City Clerk advised that a communication was received this date from Neil Papiano of the law firm of Iverson, Yoakum, Papiano & Hatch, who represent Daniel Fessenden. The City Clerk recommended that this matter be referred to the City Attorney for review of the communication and report back to the City Council. It was moved by Gonzales, seconded by Davis, that the matter of the Variance request from Daniel Fessenden d.b.a. California Warehouse Company be referred to the City Attorney for report back to Council. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Public Hearing pertaining to the Variance request from Daniel C. Fessenden d.b.a. California Warehouse Company be continued to the next City Council Meeting, the time being 6:01 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated October 27, 1994, was presented, requesting authority and funds for the below listed employees to attend the Department of Transportation Drug and Alcohol Regulations Workshop in San Gabriel on November 30, 1994, with an allowance of $75 each for the registration fee: Dave Telford, Fire Chief Kevin Wilson, Acting Director of Community Services Joan Francone, Risk Manager/Personnel Assistant It was moved by Ybarra, seconded by Davis, that authority be granted for the above listed personnel to attend the aforementioned workshop with an allowance of $75 each for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 3, 1994, was presented, transmitting a Ground Lease Agreement between Tomato, Inc. and the City of Vernon for a portion of property located on the south side of 51st Street between Santa Fe Avenue and Alameda Avenue. Tomato, Inc. will lease the property from the City for the sum of $266 per month to use as a parking lot. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that the lease be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the Communication from the City Clerk dated November 3, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6550 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Ground Lease By and Between the City of Vernon and Tomato, Inc, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6550 be approved and adopted. Motion carried. ~:,w'" ~;", ~ " " "~': :''.)-..''1::.:;:;' I I City Council Minutes page 10 November 15, 1994 Communication from Bruce V. Malkenhorst, City Clerk, dated November 9, 1994, was presented, advising that at the October 18, 1994 City Council Meeting approval was granted to retain the services of Dokken Engineering to study costs involved for alternatives being considered for the placement of railroad tracks in connection with the Alameda Corridor Environmental Impact Report. Transmitted herewith is a Professional Services Agreement with Dokken Engineering that has been reviewed by the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated November 9, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6549 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Professional Services Ag~eement By and Between the City of Vernon and Dokken Engineering, was presented. It was moved by Davis, seconded by Mccormick, that Resolution No. 6549 be approved and adopted. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated November 9, 1994, was presented, requesting authority and funds to attend the Fuel Cell Commercialization Group Meeting in San Diego, November 28-29, 1994, with an expense allowance of $155.13. It was moved by Gouzales, seconded by Ybarra, that authority be granted for Kenneth DeDario to attend the afore- mention meeting with an expense allowance of $155.13. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated November 9, 1994, was presented, advising that Contract No. 514, Traffic Pavement Striping 1993, has been completed. The total contract amount of $30,021.79 has been paid, and it is hereby recommended that the work be accepted. It was moved by Ybarra, seconded by Davis, that the communication from the Acting Director of community Services dated November 9, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6548 - A Resolution of the City Council of the City of Vernon Accepting the Work of Arrow Straight Mark and Striping Service, In Accordance With Contract No. 514 of the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution. 6548 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 10, 1994, was presented, transmitting a report from the Acting Director of Community Services on NI Industries, Inc. NI Industries, Inc. was issued a Conditional Use Permit to operate a hazardous waste treatment facility on March 7, 1990. They have submitted plans to install eight (8) eighteen thousand- gallon tanks, two (2) backup carbon vessels and a carbon backwash system at this facility. These plans have been reviewed and preliminarily approved by Los Angeles County Sanitation District. It is the opinion of staff that the installation of this equipment at this location does not constitute an expansion, as they are considered improvements, and therefore it is not 505' I I City Council Minutes page 11 November 15, 1994 necessary to amend the existing Conditional Use Permit. This is based on the fact that the improvements will not increase the capacity of the facility and they do not introduce any new treatment processes and the improvements themselves will not allow waste streams to be introduced and there shall not be an increase in traffic. It is hereby recommended that the report from the Acting Director of Community services be received and filed. The Mayor asked if these were underground tanks. Mr. Wilson responded, no they were above ground. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated November 10, 1994 and the report from the Acting Director of Community services be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 10, 1994, was presented, transmitting a report from the Acting Director of Community Services regarding the issuance of Building Permits to GNB Battery Technologies, Inc. which operates a hazardous waste treatment facility at 2700 Indiana street. They are currently a "grand fathered use" per our current zoning ordinance. GNB is proposing to construct two new structures on the site. Any expansion of facilities or extension of the use requires a Conditional Use Permit pursuant to section 26.5.2-11 of the Comprehensive Zoning Ordinance. Staff has determined that the construction of these buildings will not constitute an expansion of their use and therefore a Conditional Use Permit will not be required. It is hereby recommended that the report from the Acting Director of Community services be received and filed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated November 10, 1994 and the report from the Acting Director of Community services be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 10, 1994, was presented, advising that GNB Battery Technologies, Inc., located at 2700 Indiana Street, has requested a variance from the 1991 Uniform Building Code, Section 506, Allowable Area Increases. The company is proposing to construct a 26,789 square foot addition to their smelter/refinery building which will allow indoor storage of finished goods cast lead products that can be degraded by moisture if stored outside. The building code requires automatic sprinklers, and GNB is requesting a variance from this sprinkler requirement because any water introduced into the molten lead during the smeltering process could cause an explosion. The City previously granted such a request in 1981. This has been reviewed by the Acting Director of Community Services, the Fire Chief and the City Attorney, and if the Variance is granted no additional hazards will be introduced. It is hereby recommended that a Variance from Section 506 of the 1991 Uniform Building Code be granted to GNB Battery Technologies, Inc. to allow construction of a 26,789 square foot addition to their existing smelter building without automatic sprinklers with the following Conditions: 1. No combustibles shall be stored or handled within the structure. All equipment shall be non-combustible. 2. The addition shall be constructed in a manner that it is classified as a Type II-N Building. 5'858 I I City Council Minutes page 12 November 15, 1994 3. No Change in use or occupancy shall be allowed without prior approval of the Acting Director of Community Services. 4. The plywood covering openings on the existing smelter building shall be replaced with non- combustible materials. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated November 10, 1994 be received and filed, and that a Variance from section 506 of the 1991 Uniform Building Code be granted to GNB Battery Technologies contingent upon their adherence to the aforementioned Conditions No. 1 thru 4. Motion carried. Communication from Fire Chief Dave Telford, dated November 10, 1994, was presented, requesting authority and funds for Battalion Chief James Smith to attend the Emergency Vehicle Safety Symposium in Carlsbad, December 10-11, 1994, with an allowance of $149 for the registration fee. It was moved by Davis, seconded by McCormick, that authority be granted for Battalion Chief James Smith to attend the aforementioned symposium with an allowance of $149 for the registration fee. Motion carried. WARRANT REGISTER NO. 902 covering claims and demands presented during the period of October 28 thru November 10, 1994, drawn on the First Interstate Bank totaling $408,372.85, which includes Demand Nos. 49176 thru 49368 (inclusive), excluding Light and Power Demands and Void Demand Nos. 49189 and 49217 thru 49220 (inclusive) (accounting period November, 1994) was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 902 be approved and payment authorized for claims and demands totaling $408,372.85, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 902 covering claims and demands presented during the period of October 28 thru November 10, 1994, drawn on the First Interstate Bank totaling $3,218,269.88, which includes Light and Power Demand Nos. as listed below (accounting period November, 1994) was examined and audited: 49184 49191 49192 49193 49200 49280 49283 49286 49289 49295 49298 49301 49315 49322 49323 49336 49340 49344 49345 49356 49357 49358 49359 49361 49367 49205 49208 49210 49211 49215 49224 49230 49231 49235 49245 49250 49251 49259 49260 49264 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 902 be approved and payment authorized for claims and demands totaling $3,218,269.88. Councilman Davis abstained from voting on this matter 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. 461 covering claims and demands presented during the period of September 18 thru October 15, 1994, drawn on the First Interstate Bank totaling $1,510,258.22 which includes Demand Nos. 7715 thru 7751 (inclusive) (accounting period October, 1994) was examined and audited. . "'5:,t}.-ij,.7.. i,,,,,j i.;v~l. '..h: ".~ I I City Council Minutes page 13 November 15, 1994 It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 461 be approved and payment authorized for claims and demands totaling $1,510,258.22. Motion carried. The City Clerk advised that the following matter should be deferred until after Closed Session. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 10, 1994, transmitting the Agenda for the Personnel Committee Meeting to be held November 14, 1994, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the aforementioned matter be deferred until after Closed Session later this date. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 10, 1994, was presented, transmitting the Minutes of the Finance Committee Meeting held November 8, 1994, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the Minutes of the Finance Committee Meeting held November 8, 1994, be approved. Motion carried. RESOLUTION NO. 6551 - A Resolution of the City Council of the City of Vernon Amending Schedule II, Exhibit "B", Page 16, of Resolution No. 6467, Which Fixed the Compensation for Certain Employees of Said City and Authorized certain Expense Allowances, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6551 be approved and adopted. Motion carried. Results of Bids opened November 14, 1994 for Bid No. 1339, Removal of Two Underground Storage Tanks located at the Power Plant. The City Clerk read the following bids received and opened November 14, 1994 for Bid No. 1339, Removal of Two Underground Storage Tanks: Ledsam Contracting Inc. Geraghty & Miller, Inc. IT Corporation smith & Emery Geo Services Petroleum Contractors A & M Environmental Contracting Environmental Solution TW Construction L. Blaine Co. Genesis $ 12,500 22,100 13,895 9,799 11,300 13,450 16,950 No Bid No Bid No Bid The aforementioned bids have been referred to the Director of Light and Power for review. Communication from Bruce V. Malkenhorst, City Clerk, dated November 10, 1994, was presented, recommending that Hilario Gonzales be appointed as an alternate Board Member to the Alameda Corridor Transportation Authority. It was moved by Davis, seconded by McCormick, to approve the appointment of Councilman Hilario Gonzales as an alternate Board Member to the Alameda Corridor Transportation Authority. Motion carried. ,~ 5'{15S I I City Council Minutes page 14 November 15, 1994 Consideration of Bid No. 1338, Two Electrical Service T~c~. It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. The City Clerk advised that the following four matters should be deferred to the next city Council Meeting. Consideration of a Transmission Service Agreement between Southern California Edison Company and the City of Vernon under Schedule D of the Western Systems Power Pool Agreement as submitted by Kenneth J. DeDario, Director of Light and Power, November 10, 1994. RESOLUTION NO. 6542 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of (1) An Edison-Vernon Eldorado-City Gate Firm Transmission Service Agreement and (2) A Transmission Service Agreement Under Schedule D of the Western Systems Power Pool Agreement By and Between the City of Vernon and Southern California Edison Company. Consideration of a Firm Transmission Service Agreement between Southern California Edison Company and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. (Deferred from the City Council Meeting held November 1, 1994.) RESOLUTION NO. 6542 - A Resolution of the city Council of the City of Vernon Approving and Authorizing the Execution of an Edison-Vernon Eldorado-City Gate Firm Transmission Service Agreement By and Between the City of Vernon and Southern California Edison Company. (Deferred from the City Council Meeting held November 1, 1994.) It was moved by Ybarra, seconded by Gonzales, that the aforementioned four matters be deferred to the next City Council Meeting. Motion carried. Consideration of performance and compensation for the City Administrator/City Clerk. There was no action taken on the above referenced matter. The Mayor called a recess at 6:26 p.m. The Council reconvened at 6:31 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session to confer on Item No. 3 listed below, the time being 6:31 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk and the Director of Light and Power. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 3. with respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54957. 50"; I I City Council Minutes November 15, 1994 page 15 a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Title: City Administrator/City Clerk Account Clerk c. PUBLIC EMPLOYEE APPOINTMENT Title: Associate Power Engineer The Director of Light and Power was excused from the Closed Session at 7:13 p.m. It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 7:14 p.m. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 10, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held November 14, 1994, for approval of the recommendations contained therein. (Deferred from earlier in the meeting.) It was moved by Ybarra, seconded by Davis, that the recommendations contained in the Agenda for the Personnel Committee Meeting held November 14, 1994, be approved. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Items No. 1 and 2 listed below, the time being 7:15 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney and Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to subdivision (a) of Government Code section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) Central Basin Municipal Water District v. City of Vernon, LASC No. BS 028717; (b) Citv of Vernon v. Central Basin Municipal Water District Board of Directors. et al., LASC No. BS 028742; (c) CPUC Docket No. A.91-03-039 (SoCaIGas); (d) Vernon v. Robert Ismael Marroche, Case No. 93 C00048 (S.E. Municipal); (e) City of Oranqe. et al v. citv of Vernon (Alabama Treasury Advisory Proqram. et all; San Francisco Case No. 956982; 2. With respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54956.95. 5,0:5,,4 ~ . t .....'\ ,:), . -' . '"' r" .I~" I I City Council Minutes page 16 November 15, 1994 LIABILITY CLAIMS Claimant: Alejandro Antonio Prado Agency claimed against: City of Vernon It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 7:19 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. ,t~~. ATTEST: 4P4~~"'" .,. /5.', /~ /.,.' ,,~~ . / 7_~ /' ./'/~,/ y ~'""1t/~, -_____..... /-7 )//'~~- Bruce V. Malkenhorst City Clerk 5;8'53 ,-. ;""~ .,;