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19950307 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 7, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Davis, McCormick, Gonzales MEMBERS ABSENT: Malburg (excused) Ybarra. The meeting was called to order by Mayor Pro Tem Communication from Leonis C. Malburg, Mayor, dated March 1, 1995, was presented, advising that he will be on vacation from March 2 to April 15, 1995, and requesting to be excused from the regularly scheduled meetings to be held during that period. It was moved by Gonzales, seconded by Davis, that the communication from the Mayor dated March 1, 1995, be received and filed and that his request be approved. Motion carried. It was moved by McCormick, seconded by Davis, that the Minutes of the City Council Meeting held February 7, 1995, be approved as submitted and adopted. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Minutes of-the City Council Meeting held February 21, 1995, be approved as submitted and adopted. Motion carried. At this time the Mayor Pro Tern presented Five Year Service Pins to Firefighters Steven Coster and John Doersam, and extended congratulations on behalf of the entire Council. The following Firefighters were unable to attend the meeting and their Five Year Service Pins were accepted by the Fire Chief: Robert Bishop Michael Rogers Barry Schoolmeester Darren Simpkins The Mayor Pro Tern called a recess at 5:12 p.m. The Council reconvened in regular session at 5:13 p.m., all members present before the recess again being present. Police Department Activity Log for the period February 16 thru 28, 1995, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period February 16 thru 28, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period February 16 thru 28, 1995, was presented. It was moved by McCormick, seconded by Gonzales, that the Fire Department Activity Report for the period February 16 thru 28, 1995, 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. 5151 I I City Council Minutes page 2 March 7, 1995 The Mayor Pro Tern 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 Hearings that may be listed. There was no one in the audience who wished to address the Council at this time. Communication from Bruce V. Malkenhorst, City Clerk, dated March 2, 1995, was presented, advising that the request of Champion International Corporation (Champion) for a variance from Section 26.4.2-8 of the Comprehensive Zoning Ordinance, Develop- ment Standards, for the building located at 3100 44th Street, was referred back to the Acting Director of Community Services for further review based on the information and discussions presented during the public hearing held February 21, 1995. Transmitted herewith is the Engineer's Report dated March 2, 1995 as prepared by the Department of Community Services. The Champion International Corporation advises they will recess the five easterly truck loading spaces and use only vehicles of a smaller length at the non-conforming truck loading spaces. This matter has also been reviewed by the City Attorney, and it is hereby recommended that the Variance be granted subject to the following Conditions: 1. Champion shall bring the five easterly truck loading spaces measuring 54.5 feet in length and 10.0 feet in width into compliance with Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance. Plans for said construction shall be submitted with- in five months of approval of this Variance, permits shall be issued for said work within six months of the date approved; and construc- tion shall be started on said work within nine months of the approval date; and construction shall be completed within one year of the date approved unless an extension is granted by the City Council. 2. At all times prior to the commencement of retrofit construction and subsequent to the completion of the retrofit, the usage of the ten non-conforming westerly truck loading spaces measuring 52.5 feet in length shall be limited to trucks of smaller lengths so that any truck parked at the westerly loading docks does not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. 3. Within seven days of the approval of this Variance, Champion shall deliver a $10,000 Certificate of Deposit to the City of Vernon, to be refunded to Champion, including interest earned, upon compliance with Condition No.1; or if compliance with Condition No. 1 has not been attained then the deposit shall be paid to City of Vernon which is authorized to utilize the proceeds to construct curb, gutter, sidewalk and a suitable barrier to eliminate the usage of all non-conforming loading docks. 4. During the period between approval of the Variance and Champion's performance of Condition No.1, Champion agrees to indemnify and bold the City of Vernon harmless against damages resulting from any trucks utilizing Champion's facility which extend onto the sidewalk or street. 5150 I I City Council Minutes page 3 March 7, 1995 5. The approval of this Variance shall not be construed as a waiver by the City of Vernon with respect to the enforcement of the provisions of California Vehicle Code Section 22500 et seq. 6. All existing and future tenants shall be notified of these restrictions and a condition stating the same shall be placed in all future leases. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated March 2, 1995 and all supporting documents be received and filed, and that the Variance be granted to Champion International Corporation contingent upon their adherence to the aforementioned Conditions No. 1 thru 6. Motion carried. RESOLUTION NO. 6522 - A Resolution of the City Council of the City of Vernon Granting a Variance to Champion International Corporation From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 3100 44th Street in the City of Vernon, was presented. It was moved by Davis, seconded Gonzales, that Resolution No. 6522 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by McCormick, to open the PUBLIC HEARING to consider a request from L & T Garment, Inc. for a Variance to allow the tenant to utilize one non- conforming truck loading space at 2615 Fruitland Avenue, the time being 5:15 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 March 2, 1995, was presented, advising that L & T Garment, Inc. has submitted an application requesting a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-7, Minimum Truck Parking and Loading Facility Requirements and Section 26.4.2-8, Development Standards, for the building located at 2615 Fruitland Avenue, and transmitting the following evidence: l. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has one non-conforming truck loading space measuring 9 feet wide and 22.2 feet long, and the company is proposing to use only vehicles of a smaller length at this space. 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: 1. The usage of the non-conforming truck loading space shall be limited so that any truck parked at the loading dock does not extend into the street right-of-way as shown on the Master Plan of streets dated June 16, 1992. Mayor Pro Tern Ybarra asked if there were any questions of the City Councilor if anyone in the audience had any questions. There were no questions. 514Q I I City Council Minutes Page 4 March 7, 1995 It was moved by Davis, seconded by Gonzales, to close the Public Hearing regarding the Variance request from L & T Garment, Inc., the time being 5:16 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated March 2, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to L & T Garment, Inc. contingent upon their adherence to the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6590 - A Resolution of the City Council of the City of Vernon Granting a Variance to L & T Garment, Inc. From Sectiqns 26.4.2-7 and 26.4.2-8 of the Compre- hensive Zoning Ordinance for the Property Located at 2615 Fruitland Avenue in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6590 be approved and adopted. Motion carried. It was moved by McCormick, seconded by Davis, to open the PUBLIC HEARING to consider a request from K & G Enterprises for a Variance to allow the tenant to utilize fifteen non- conforming truck loading spaces at 2443 27th Street, the time being 5:17 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 March 2, 1995, was presented, advising that K & G Enterprises has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 2443 27th 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 and fifteen non-conforming spaces; fourteen spaces are 9 feet wide and 41 feet long, and one space is 10 feet wide and 49.5 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: 1. The usage of the non-conforming truck loading spaces shall be limited so that any truck 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. 2. 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 Pro Tern asked if the City Council had any questions, or if there was anyone in the audience who had any questions or comments. 5148 \. I I City Council Minutes page 5 March 7, 1995 Marge Black, who owns property across the street from K & G Enterprises, addressed the City Council advising that she opposes granting the Variance because trucks going to K & G come onto her property to use it as a maneuvering point because the trucks are too long. Also, when the dock spaces at K & G are full, thru traffic on the street use her property to go around the trucks that are extending onto the street. Ms. Black objects to this continued use of her property and would like to know how this can be avoided. t J Mr. Felix Goldberg, owner of K & G Enterprises, addressed the Council and advised that yes, this was true of the trucks, but that has not occurred for about 7 or 8 months. He advised that the company now has nine bobtail trucks and the longer trucks are going to another location. He stated that only 12 to 16 foot bobtails come into his facility at this time. It was moved by McCormick, seconded by Gonzales, that the Public Hearing regarding the Variance request from K & G Enterprises be continued to the next City Council Meeting, the time being 5:25 p.m. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated February 1, 1995, was presented, requesting authority and funds for Hector Figueroa, Civilian Court Officer, to attend the California Association for Property and Evidence Training Seminar in Fresno, March 1-3, 1995, with an expense allowance of $465. It was moved by Davis, seconded by Gonzales, that authority be granted for Hector Figueroa to attend the afore- mentioned seminar with an expense allowance of $465. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated February 15, 1995, was presented, requesting authority and funds for Lt. Solomon Benudiz to attend the POST Management Course in Dana Point, March 20-31, 1995, with an expense allowance of $946.40 of which $804 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Lt. Solomon Benudiz to attend the afore- mentioned course with an expense allowance of $946.40. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated February 15, 1995, was presented, requesting authority and funds for Officer David Cheng to attend the Narcotics Investigation Course in San Bernardino, March 19-31, 1995, with an expense allowance of $160. POST will reimburse the City $381.60. It was moved by Gonzales, seconded by McCormick, that authority be granted for Officer David Cheng to attend the afore- mentioned course with an expense allowance of $160. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 27, 1995, was presented, transmitting a Memorandum of Understanding between the California Highway Patrol and the City of Vernon with regards to the City providing assistance in narcotics investigations. This has been reviewed by the Chief of Police and the City Attorney, and it is hereby recommended that the MOU be approved and the Chief of Police be authorized to execute same. 5147 I I City Council Minutes page 6 March 7, 1995 It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated February 27, 1995, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6592 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Understanding By and Between the City of Vernon Police Department and the California Highway Patrol (CHP), East Los Angeles Area, Regarding CHP Originated Narcotics Investigations, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6592 be approved and adopted. Motion carried. I Co~unication from Bruce V. Malkenhorst, City Clerk, dated February 28, 1995, was presented, requesting authority and funds for Sharon Duckworth, Deputy City Treasurer, to attend the California Municipal Treasurers Association 36th Annual Conference in Oxnard, April 24-28, 1995, with an expense allowance of $697.50. It was moved by Gonzales, seconded by Davis, that authority be granted for Sharon Duckworth to attend the afore- mentioned conference with an expense allowance of $697.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 28, 1995, was presented, requesting authority and funds for Gloria J. Orosco, Chief Deputy City Clerk, to attend the City Clerk's Association of California Annual Institute in Visalia, April 26-28, 1995, with an expense allowance of $576.50. It was moved by McCormick, seconded Gonzales, that be granted for Gloria J. Orosco to attend the afore- institute in Visalia with an expense allowance of Motion carried. authority mentioned $576.50. Communication from Fire Chief Dave Telford, dated March 1, 1995, was presented, requesting authority and funds for Firefighters Darrin Curry, Michael Langer and Jason McEachran to attend the Haz Mat Technician Course Module 1C in Santa Fe Springs, March 20-24, 1995, with an allowance of $350 each for registration. It was moved by McCormick, seconded by Davis, that authority be granted for Firefighters Darrin Curry, Michael Langer and Jason McEachran to attend the aforementioned course with an allowance of $350 each for registration. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 2, 1995, was presented, requesting authority and funds for himself, Mayor Pro Tern Thomas Ybarra, and Councilmen Hilario Gonzales and William Davis to attend the California Municipal Treasurers Association 36th Annual Conference in Oxnard, April 24-28, 1995, with an expense allowance of $890 each. It was moved by Gonzales, seconded by McCormick, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $890 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 2, 1995, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held March 6, 1995, for approval of the recommendations contained therein. 5H' I I City Council Minutes page 7 March 7, 1995 It was moved by Davis, seconded by McCormick, that the recommendations listed on the Agenda for the Personnel Committee Meeting held March 6, 1995, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 2, 1995, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held March 6, 1995, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations listed on the Agenda for the Adjourned Regular Finance Committee Meeting held March 6, 1995, be approved. Motion carried. RESOLUTION NO. 6594 - A Resolution of the City Council of the City of Vernon Appointing the City of Vernon's Representative to the Southeast Water Coalition and to Various Water District Meetings to Represent the City's Interests, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6594 be approved and adopted. Motion carried. Results of bids received and opened this date for Contract No. 525, Traffic Signal Modernization, Emergency Vehicle Preemption, were presented: DeLaCruz Construction Paul Gardner Corporation C. T. & F., Inc. Signal Maintenance Inc. TDS Engineering, Inc. Steiny and Company, Inc. $75,403 79,418 72,368 77,255 82,871 75,366 It was moved by McCormick, seconded by Davis, that the bids for Contract No. 525 be referred to the Acting Director of Community Services for review. Motion carried. WARRANT REGISTER NO. 909 covering claims and demands presented during the period of February 17 thru March 2, 1995, drawn on the First Interstate Bank totaling $297,062.09, which includes Demand Nos. 50665 thru 50864 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period March, 1995) was examined and audited: 50668 50669 50693 50699 50724 50725 50826 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 909 be approved aDd payment authorized for claims and demands totaling $297,062.09, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 909 covering claims and demands presented during the period of February 17 thru March 2, 1995, drawn on the First Interstate Bank totaling $1,986,070.22, which includes Light and Power Demand Nos. as listed below (accounting period March, 1995) was examined and audited: 50671 50685 50690 . 50723 50753 50775 50827 50836 50672 50686 50691 50729 50755 50781 50828 50843 50674 50687 50692 50734 50756 50788 50830 50844 50681 50688 50706 50735 50767 50809 50832 50859 50684 50689 50707 50744 50773 50824 50834 50862 50863 .51.45 I I City Council Minutes page 8 March 7, 1995 It was moved by McCormick, seconded by Gonzales, that tl Warrant Register No. 909 be approved and payment authorized for,;, claims and demands totaling $1,986,070.22. Motion carried. " Councilman Davis abstained from voting and disqualified himself i; because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. Consideration of a Letter of Understanding with Command Packaging, Inc. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. ~ It was moved by Gonzales, seconded by Davis, that the Letter of Understanding with Command Packaging, Inc. be approved. Motion carried. RESOLUTION NO. 6593 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter of Understanding Between the City of Vernon and Command Packaging, Inc., was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6593 be approved and adopted. Motion carried. The Mayor Pro Tem called a recess at 5:42 p.m. The Council reconvened in regular session at 5:45 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Gonzales, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:45 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, Acting Director of Community Services and the Utilityman III. The Mayor Pro Tern 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 Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. PUBLIC EMPLOYEE APPOINTMENT Title: Associate Power Engineer Title: Director of Community Services The Utilityman III was excused from Closed Session at 5:47 p.m. The Engineering Aide I was called into Closed Session at 5:48 p.m. The Engineering Aide I was excused from Closed Session at 6 p.m. The Utilityman II was called into Closed Session at 6 p.m. The utilityman II was excused from Closed Session at 6:12 p.m. The Acting Director of Community Services was excused from Closed Session at 6:24 p.m. 5144 I I City Council Minutes page 9 March 7, 1995 It was moved by Gonzales, seconded Davis, that the Council go out of Closed Session and resume regular session, the time being 6:33 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Council go into Closed Session to confer on Items No. 2 and 3 listed below, the time being 6:34 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 Pro Tern ordered all communications to and from Closed Session deemed privileged and confidential. 2. 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) City of Vernon vs. Central Basin Municipal Water District ,LASC No. BC 121124; (c) City of Vernon, et al. vs. City of Los Angeles, et al., LASC No. BS 032326; (d) CPUC Docket No. A.93-09-006 (BCAP); (e) City of Anaheim, etc. vs. City of Vernon, LASC BC 104302; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Alejandro Lopez aka Franco Lopez aka Alejandro Lopez Franco aka Franco Alejandro Lopez City claimed against: City of Vernon Claimant: Herlindo Lara City claimed against: City of Vernon It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:49 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that based on the information provided during Closed Session earlier this date the Utilityman III be issued an oral reprimand. Motion carried. It was moved by Davis, seconded by McCormick, that based on the information provided during Closed Session the Engineering Aide I be issued four days suspension; two days to be issued forthwith and two days to be held in abeyance for twelve months, with said days to be issued should any other incident occur where discipline is warranted in addition to whatever discipline is issued for the latest incident. The employee may elect to forfeit two days vacation. Motion carried. 514' I I City Council Minutes page 10 March 7, 1995 It was moved by Gonzales, seconded by Davis, that based on the information provided during Closed Session earlier this date the utilityman II be issued four days suspension; two days to be issued forthwith and two days to be held in abeyance for twelve months, with said days to be issued should any other incident occur where discipline is warranted in addition to whatever discipline is issued for the latest incident. The employee may elect to forfeit two days vacation. Motion carried. It was moved by McCormick, seconded by Ybarra, to accept the "Release of All Claims" executed by Herlindo Lara and that the claim be settled in the amount of $750. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. ~w~~ omas A. Yba a Mayor Pro Tern AT~4 v//'liP;r- Bruce V. Malkenhorst City Clerk 5142