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19950919 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 19, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick, Davis 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 September 5, 1995, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 12, 1995, was presented, advising that the below listed employees have qualified in the month of August 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 EmDlovee Award 08/23/93 09/01/78 01/02/69 08/27/84 Ana Bedoy, Comm. Dispatcher Robert Kipness, Diesel Operator Adrian Yasutake, Civil Engineer William Wilson, Engineering Aide 2 Year 2 Year 2 Year 3 Year The following employees were unable to attend the meeting and their awards were accepted by their respective department head: 03/15/63 06/18/90 OS/27/84 Frank Hlifka, Fire Captain Ben Potter, Civilian Traffic Officer Manuel Garcia, Chief Water/Power Disp. 2 Year 3 Year 9 Year The Mayor called a recess at 5:12 p.m. The Council reconvened in regular session at 5:15 p.m., all members present before the recess again being present. Police Department Activity Log for the period September 1 thru 15, 1995, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period September 1 thru 15, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period September 1 thru 15, 1995, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period September 1 thru 15, 1995, be received and filed. Motion carried. Health Department Report for the month of August, 1995, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of August, 1995, be received and filed. Motion carried. Risk Management Report for the month of August, 1995, was presented. 5~.94 I I City Council Minutes page 2 September 19, 1995 It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of August, 1995, be received and filed. Motion carried. ORDINANCE NO. 1032 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, By Amending Sections 26.2.16, 26.4.2-6, 26.4.2-7, and 26.4.2-8 and adding Section 26.4.2-9 to Chapter 26 of Said Code Regarding Automobile and Truck Parking and Loading Spaces and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by Title for a Second and Final Reading. It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 1032 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Gonzales, Davis, McCormick None None ORDINANCE NO. 1033 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, By Amending Sections 26.5.3-2, 26.5.3-3, 26.5.3-5, 26.5.3-6 and 26.5.3-7 to Chapter 26 of Said Code Regarding Zoning Amendments and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by Title for a Second and Final Reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1033 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Gonzales, Davis, McCormick None None The City Clerk announced that now was the time for anyone in the audience to address the City Council if they so wish. The Mayor advised that there was no one in the audience wishing to address the City Council. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Los Angeles Fiber Co., Inc. for a Conditional Use Permit to allow the applicant to operate a recycled materials processing facility at property located at 5190 Santa Fe Avenue and 4920 Boyle Avenue in the City of Vernon, the time being 5:20 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, to continue the aforementioned Public Hearing to the next City Council Meeting. Motion carried. It was moved by McCormick, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Choe Meat Company for a Variance to allow the tenant to utilize nine non- conforming truck loading spaces at property located at 2637 Vernon Avenue in the City of Vernon, the time being 5:20 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. 5293 I I City Council Minutes page 3 September 19, 1995 Communication from Bruce V. Malkenhorst, City Clerk, dated September 11, 1995, was presented, advising that Choe Meat 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 2637 Vernon Avenue, 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 nine non-conforming truck loading spaces that are 10 feet wide and 58.2 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 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. 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 of Mr. Wilson or the City Council. There were no questions. It was moved by Davis, seconded by McCormick, to close the Public Hearing regarding the Variance request from Choe Meat Company, the time being 5:21 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated September 11, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to Choe Meat Company contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6686 - A Resolution of the City Council of the City of Vernon Granting a Variance to Choe Meat Company from Section 26.4.2-8. Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 2637 Vernon Avenue in the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6686 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Lift-It Manu- facturing Company, Inc. for a Variance to allow the tenant to utilize three non-conforming truck loading spaces at property located at 4780 Corona Avenue in the City of Vernon, the time being 5:21 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. ~~~? I I City Council Minutes page 4 September 19, 1995 Communication from Bruce V. Malkenhorst, City Clerk, dated September 11, 1995, was presented, advising that Lift-It Manufacturing Company, 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 4780 Corona Avenue, 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 three non-conforming truck loading spaces; two are 9.2 feet wide and 30 feet long, and one is 17.5 feet wide and 30 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 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. b. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. Wilson. The Mayor asked if there were any questions of Mr. There were no questions. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the request for a Variance from Lift-It Manufacturing Company, Inc., the time being 5:23 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated September 11, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to Lift-It Manufacturing Company contingent on their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6685 - A Resolution of the City Council of the City of Vernon Granting a Variance to Lift-It Manufacturing Company, Inc. From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4780 Corona Avenue in the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6685 be approved and adopted. Motion carried. The City Attorney advised that the following matter should be deferred to the next City Council Meeting. RESOLUTION NO. 6682 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Settlement Agreements Relating to Los Angeles Superior Court Case No. BC 104302 By and Among the Cities of Azusa and Banning and the City of Vernon. (Deferred from the City Council Meeting held September 5, 1995.) 5291 I I City Council Minutes page 5 September 19, 1995 It was moved by Ybarra, seconded by Davis, that Resolution No. 6682 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 28, 1995, was presented, requesting authority and funds for Budget Auditor Sharon Duckworth and Office Manager Martha Valenzuela to attend the Filing and Records Management Seminar in Pasadena on October 27, 1995, with an expense allowance of $106 each. It was moved by Davis, seconded by Gonzales, that authority be granted for Sharon Duckworth and Martha Valenzuela to attend the aforementioned seminar with an expense allowance of $106 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 31, 1995, was presented, requesting authority and funds for Police Officer Penny Turner to attend the Western States Auto Theft Investigation Training Seminar in San Diego, October 4-6, 1995, with an expense allowance of $499.75. It was moved by Ybarra, seconded by Davis, that authority be granted for Officer Penny Turner to attend the aforementioned seminar with an expense allowance of $499.75. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 31, 1995, was presented, requesting authority and funds for Police Officer Christian Moscoso to attend the Southern California Fraud Investigation Training Seminar in Cathedral City, October 11-13, 1995, with an expense allowance of $580.20. It was moved by McCormick, seconded by Gonzales, that authority be granted for Officer Christian Moscoso to attend the aforementioned seminar with an expense allowance of $580.20. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated September 7, 1995, was presented, requesting authority and funds for Project Engineer James Persons to attend a workshop entitled "Practical and In-Depth Training on TS2 Controllers and Cabinets" in Anaheim on October 19, 1995, with an expense allowance of $120.50. It was moved by Davis, seconded by Ybarra, that authority be granted for James Persons to attend the aforementioned workshop with an expense allowance of $120.50. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated September 11, 1995, was presented, requesting authority and funds for Police Sergeant Jim Rodino to attend the Sexual Assault Investigation Course in Downey, October 23-27, 1995, with an expense allowance of $290 of which $250 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Sgt. Jim Rodino to attend the afore- mentioned course with an expense allowance of $290. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated September 11, 1995, was presented, requesting authority and funds for Police Officer Alfred Jaime to attend the Western States Safe and Burglary Investigation Training Seminar in Las Vegas, Nevada, October 22-26, 1995, with an expense allowance of $584.40. $2": I I City Council Minutes page 6 September 19, 1995 It was moved by Ybarra, seconded by Davis, that authority be granted for Officer Alfred Jaime to attend the aforementioned seminar with an expense allowance of $584.40. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 12, 1995, was presented, transmitting a Water Right License and Agreement which grants the City of Vernon the right to extract 200 acre-feet of u.S. Gypsum's allowed pumping allocation for the 1995-1996 Fiscal Year at a cost of $115 per acre-foot for a total cost of $23,000. This has been reviewed by the Acting Director of Community Services 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 September 12, 1995, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6688 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License and Agreement By and Between the City of Vernon and U.S. Gypsum Which Grants the City of Vernon a License to Extract 200 Acre-Feet of U.S. Gypsum's Pumping Allocation for the Period July 1, 1995 Through June 30, 1996, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6688 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 14, 1995, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held September 18, 1995, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations contained in the Agenda for the Personnel Committee Meeting held September 18, 1995, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 14, 1995, was presented, transmitting the Minutes of the Finance Committee Meeting held September 12, 1995, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the minutes of the Finance Committee Meeting held September 12, 1995, be approved. Motion carried. RESOLUTION NO. 6674 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Alternate Hearing Examiner Agreement, 1995-1996, By and Between the City of Vernon and James A. Miller Respecting the Disposition of Contested Parking/Standing Violations in Compliance with the Vehicle Code of the State of California, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6674 be approved and adopted. Motion carried. RESOLUTION NO. 6684 - A Resolution of the City Council of the City of Vernon Superseding Resolution No. 6321 and Establishing the Rates for Business License Taxes and Related Fees and Deposits Pursuant to Chapter 15 of the Vernon City Code, was presented. 5289 I I City Council Minutes page 7 September 19, 1995 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6684 be approved and adopted. Motion carried. RESOLUTION NO. 6687 - A Resolution of the City Council of the City of Vernon Approving the Adoption of a Discretionary Educational Assistance Program, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6687 be approved and adopted. Motion carried. WARRANT REGISTER NO. 922 covering claims and demands presented during the period of September 1 thru September 14, 1995, drawn on the First Interstate Bank totaling $162,132.90, which includes Demand Nos. 53375 thru 53551 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period September, 1995) was examined and audited: 53383 53388 53401 53414 53421 53422 53423 53424 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 922 be approved and payment authorized for claims and demands totaling $162,132.90, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 922 covering claims and demands presented during the period of September 1 thru 14, 1995, drawn on the First Interstate Bank totaling $201,547.02, which includes Light and Power Demand Nos. as listed below (accounting period September, 1995) was examined and audited: 53377 53379 53381 53391 53392 53393 53394 53402 53411 53417 53427 53433 53438 53444 53446 53452 53456 53462 53472 53479 53482 53488 .53490 53499 53501 53507 53517 53524 53526 53529 53531 53533 53534 53535 53545 53549 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 922 be approved and payment authorized for claims and demands totaling $201,547.02. Motion carried. 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. 471 covering claims and demands presented during the period of July 9 thru August 19, 1995, drawn on the First Interstate Bank totaling $2,429,133.67 which includes Demand Nos. 8090 thru 8154 (inclusive) (accounting period August, 1995), was presented. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 471 be approved and payment authorized for claims and demands totaling $2,429,133.67. Motion carried. The Mayor called a recess at 5:45 p.m. The Council reconvened in regular session at 5:46 p.m., all members present before the recess again being present. The City Clerk advised that there was nothing to be discussed with regard to Item No. 1 listed below. 5288 I I City Council Minutes page 8 September 19, 1995 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 It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Item Nos. 2 and 3 listed below, the time being 5:46 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Administrator, City Attorney, and the Chief Deputy City Clerk. The Mayor ordered all communications to and from the 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) City of Vernon vs. Central Basin Municioal Water District, LASC No. BC 121124; (b) City of Vernon vs. Central Basin. etc.. Zastrow. et al., LASC No. BC 130693; (c) City of South Gate. et al. vs. City of Los Anqeles. et al., LASC No. BC 129447; (d) The Atchison. Tooeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; (e) CPUC Docket No. A.93-09-006 (SoCaIGas) (BCAP) ; (f) CPUC Docket No. A.91-03-039 (SoCaIGas) (BCAP) ; (g) City of Anaheim. etc. vs. City of Vernon, LASC BC 104302; (h) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723 and 2 CIV B077228; 3. With respect to every item of business to be discussed in Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation: Two (2) potential cases It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6 p.m. Motion carried. '2~7 I I City Council Minutes page 9 September 19, 1995 It was moved by Gonzales, seconded by McCormick, that the City Attorney's actions in intervening in FERC Docket No. ER95-1489-000 are hereby ratified. Motion carried. 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. It was moved by Ybarra, seconded by McCormick, that the City Attorney's actions in intervening in FERC Docket No. ER95-1530-11 are hereby ratified. Motion carried. 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. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. ~;"c,%?~~/p.cat::i~r .r .~ eonis C. MalbuEg Mayor ATTEST: /~~~ /S Bruce V. Malkenhorst City Clerk , 5286