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19980428 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 28, 1998 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales, 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 Adjourned Regular City Council Meeting held April 14, 1998, be approved as submitted and adopted. Motion carried. RESOLUTION NO. 7115 - A Resolution of the City Council of the City of Vernon Reciting the Fact of the General Municipal Election Held on April 14, 1598, Declaring the Result Thereof and Such Other Matters as Provided by Law, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7115 be approved and adopted. Motion carried. At this time, the City Clerk swore Councilmen Malburg, Ybarra and McCormick as elected officials of the City of Vernon, California. Communication from Bruce V. Malkenhorst, City Clerk, dated April 22, 1998, was presented, advising that now is the time and place for the selection of the Mayor and the Mayor Pro Tem. It was moved by Gonzales, seconded by McCormick, that Leonis C. Malburg serve as the Mayor. Motion carried. It was moved by Malburg, seconded by Davis, that Thomas A. Ybarra serve as Mayor Pro Tem. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 22, 1998, was presented, advising that it is now necessary to appoint members to sit on the following Committees: Personnel Committee Finance Committee Police and Fire Commissions and recommending that Councilmen Hilario Gonzales and William Davis be appointed to serve as alternates on the Personnel and Finance Committee, respectively, during the absence of any regular member. It was moved by Malburg, seconded by McCormick, that the aforementioned committees maintain their current members, and that Councilmen Hilario Gonzales and William Davis be appointed to serve as alternates on the Personnel and Finance Committee, respectively, during the absence of any regular member. Motion carried. City Council Meeting Minutes Page 2 The City Clerk advised Director of the Board of Directors District was unable to attend this presentation; however, a check was office in the amount of $110,040 as Rebate. April 28, 1998 that Mr. Albert Robles, of the Water Replenishment meeting to make his delivered to the City Clerk's an In -Lieu Replenishment. Communication from Bruce V. Malkenhorst, City Clerk, dated April 7, 19.98, was presented, advising that the awards committee, composed of Departments Heads and the City Administrator's designee, selected Fire Engineer Bradley W. Miller as the winner of the "1997 City Annual SPIRITS Award" in recognition of his excellent and superior performance. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication be received and filed. Motion carried. RESOLUTION NO. 7120 - A Resolution of the City Council of the City of Vernon Commending Fire Engineer Bradley W. Miller for his Exemplary Services to the City of Vernon During 1997, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7120 be approved and adopted. Motion carried. The Mayor presented the Resolution to Fire Engineer Miller and extended congratulations on behalf of the entire City Council. Communication from Bruce V. Malkenhorst, City Clerk, dated April 16, 1998, was presented, advising that the below listed employees have qualified for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: MINNIE=AM O1/04/82 Brian Adel, Civil Engineer 2 Years 03/04/96 Elizabeth Quaranta, Environ Specialist 2 Years 10/29/90 Laney Wang, Account Clerk 3 Years 05/15/89 Rick Torres, Accountant 5 Years 04/28/86 Eliseo Genera, Civilian Court Officer 8 Years 03/01/87 Dan Downing, Chief Dep Dir Env Health 11 Years 03/16/86 Mario Mendoza, Utilityman 12 Years The Mayor presented awards to the aforementioned employees 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: Date of Hire Employee Award 11/30/90 Richard Harvison, Police Officer 2 Years 07/10/95 Brandon Gray, Dispatcher 2 Years 07/16/90 Jose Pereyra, Systems Coordinator II 5 Years 11/01/76 Elizabeth Sawickis, Records Manager 6 Years O8/05/84 Patrick Keye, Systems Coordinator II 7 Years The Mayor called a recess at 5:14 p.m. City Council Meeting Minutes Page 3 April 28, 1998 The Council reconvened in regular session at 5:16 p.m., all members present before the recess again being present. Presentation by Michael Pennington, son of Richard Pennington, former Vernon Police Officer killed in the line of duty (January 24, 1946). Lt. James Wohlt addressed the City Council and gave a brief history to the Council of the incident involving former Police Officer Pennington's death. Lt. Wohlt advised the City Council of Mr. Pennington's wishes to present the plaque that honors his father. Mr. Pennington presented to the Council his father's cap piece and his badge, framed, which was accepted by the Mayor.. Police Department Activity Log for the period April 1 thru 15, 1998, was presented. It was moved by Ybarra, seconded by Gonzales, that the Police Department Activity Log for the period April 1 thru 15, 1998, be received and filed. Motion carried. Fire Department Activity Report for the period April 1 thru 15, 1998, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period April 1 thru 15, 1998, be received and filed. Motion carried. Health Department Report for the month of March, 1998, was presented. It was moved by Gonzales, seconded by Davis, that the Health Department Report for the month of March, 1998, be received and filed. Motion carried. Risk Management Report for the month of March, 1998, was presented. It was moved by Davis, seconded by Ybarra, that the Risk Management Report for the month of March, 1998, 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 at this time. There was no one wishing to address the City Council at this time. The City Clerk announced that now was the time to re- open the PUBLIC HEARING to consider a request from Aluminum Company of America to propose to subdivide 49.9 acres into 19 lots and two streets, via Tentative Parcel Map No. 24894. (Continued from Council Meeting held March 24, 199.8.) It was moved by Davis, seconded by Ybarra, to re -open the public hearing pertaining to a tentative parcel map from Aluminum Company of America to propose to subdivide 49.9 acres, the time being 5:23 p.m. Motion carried. t City Council Meeting Minutes April 28, 1998 Page 4 The City Attorney advised that Aluminum Company of America has submitted a letter dated April 23, 1998, requesting that this matter be continued until a City Council meeting in May, and stated this request should be considered. On March 3, 1998, this item was deferred, and upon further review by the Community Services & Water Department, it was determined that a new recommendation was necessary and which is identified in the following communication from the Director of Community Services & Water dated March 18, 1998. This, communication supercedes the Director's communication dated February 26, 1998. Communication from Kevin Wilson, Director of Community Services & Water Department, dated March 18, 1998, advising that Danjon Engineering, Inc., has submitted on behalf of Aluminum Company of America Tentative Parcel Map No. 24894 for investigation and report in accordance with the Subdivision Map Act. evidence: Herewith for your consideration is the following 1. Amended Engineer's Report. 2. Print of Tentative Parcel Map No. 24894. 3. Excerpts from the Subdivision Map Act. After further consideration, the Community Services Department has determined that the project is not consistent with the General Plan adopted by the City of Vernon. The Aluminum Company of America proposes to subdivide eight existing County Assessor parcels into 18 parcels covering approximately 50 acres of property located in the M Zone. The size of the parcels ranges from 1.10 acres to 15.16 acres, with two-thirds of the parcels being less than two acres in size. The Land Use Element of the Vernon General Plan adopted in 1989 states that the City of Vernon was planned from its beginnings in 1905 as an industrial city. At that time, the City Land Use Policy was established as the promotion and advancement of manufacturing industries. Other land uses were and still are subsidiary to industrial uses. Non- industrial uses are to be permitted so long as they "respect the rights of manufacturing interests." The Land Use Element noted an unfavorable trend in the use of property. That trend continues to the present, wherein manufacturing and industrial sites are being replaced with non- industrial uses such as warehouses, freight terminals and distribution facilities. The Land Use Element of the Vernon General Plan contains a goal of providing sufficient appropriate locations for manufacturing and industrial uses and providing for the location of those activities which support manufacturing (e.g., warehouses and transportation uses) in areas where they will not interfere or compete for space with manufacturing operations. This project site is located in the M Zone, in which warehouses are permitted but restricted in size to no more than 50,000 square feet. The proposed subdivision into smaller parcels greatly increases the possibility of the lots being utilized for warehouses and other non -industrial uses. This potential concentration of warehouse and other non -industrial uses on the subdivided property would be inconsistent with the General Plan goal. City. Council Meeting Minutes April 28, 1998 Page 5 Therefore, it is my recommendation that Tentative Parcel Map No. 24894 not be approved. It was moved by Davis, seconded by Gonzales, that (1) the submittal of a letter dated April 23, 1998, from Aluminum Company of America requesting that the consideration of Tentative Parcel Map No. 24894 be deferred to the City of Vernon City Council meeting to be held on May 19, 1998, and that the submittal of a revised tentative parcel map by Aluminum Company of America be received and filed as formal submissions of the Aluminum Company of America, and (2) that the consideration of Tentative Parcel Map No. 24894, as revised, be deferred until the City of Vernon City Council meeting to be held on May 19, 1998. Motion carried. RESOLUTION NO. 7101 - A Resolution of the City Council of the City of Vernon Denying Approval of the Application for Tentative Parcel Map No. 24894 Submitted for the Property Located at the Southwest Corner of Fruitland and Alcoa Avenues by Danjon Engineering, Inc., on Behalf -of Aluminum Company of America. (Deferred from City Council Meeting held March 24, 1998.) It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7101 be deferred until the City Council Meeting to be held May 19, 1998. Motion carried. The City Clerk advised that now was the time to re- open the PUBLIC HEARING to consider a request from Klistoff and Sons, Inc., for a Conditional Use Permit to operate a truck terminal, located at 4280 Bandini Boulevard, Vernon. (Continued from City Council Meeting held April 14, 1998.) It was moved by Ybarra, seconded by Davis, to re -open the public hearing pertaining to a conditional use permit for Klistoff and Sons, Inc., the time being 5:25 p.m. Motion carried. Mr. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. The Director of Community Services & Water also submitted a letter this date that revised Condition "k" to read as follows: k. No refuse shall be transported to or received at this facility. Communication from Kevin Wilson, Director of Community Services & Water, dated April 9, 1998, was presented, advising that Klistoff and Sons, Inc., has applied for a conditional use permit to operate a truck terminal at 4280 Bandini Boulevard. Herewith are the supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. 3. Notice of Public Hearing, Notice of Intent, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. City Council Meeting Minutes Page 6 April 23, 1998 4. Environmental Checklist Form and Initial Study. S. Proposed Negative Declaration. In my opinion, the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment, and no mitigating measures are required. The project is consistent with the General Plan as -'adopted by the City of Vernon. Therefore, it is recommended that the City Council determine: 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. It.is also recommended that a Negative Declaration be adopted and that a Notice of Determination and a De Minimis Finding be filed with the County Clerk. It is further recommended that the conditional use permit be granted subject to 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. b. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy, a business license and occupancy permit shall be obtained. c. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources, if required. d. 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. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed and maintained to meet City standards. Adequate on -site parking shall be maintained so that no on -street parking will occur. e. All existing cracked sidewalk, curb and gutter adjacent to the site on Bandini Boulevard shall be repaired and maintained to meet City Standards. f. The facility shall be operated in a manner that will prevent unsanitary conditions, odors, litter or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal service. g. The facility shall be structurally maintained to exclude rodents and the site shall be maintained in a sanitary manner which will prohibit the harborage and breeding of rodents. City Council Meeting Minutes Page 7 April 28, 1998 h. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. i. The facility shall be operated in a manner which will not impede traffic on Bandini Boulevard. j. The site shall not generate more than 40 truck trips (20 inbound and 20 outbound) and 56 automobile trips (28 inbound and 28 outbound) per day. k. Refuse collection vehicles and trash bins or roll -off containers shall be empty at all times when located at the facility. 1. The owner of the property shall provide to the City of Vernon a utility easement for the aboveground electrical lines which are located on the property in a form and manner subject to approval of the Director of Community Services & Water. The Mayor asked if there was anyone in the audience who had questions on this matter or if there were any questions from the Council. There were no questions from the audience or the Council. It was moved by Davis, seconded by McCormick, to close the Public Hearing pertaining to the request for a conditional use permit from Klistoff & Sons, Inc., the time being 5:37 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that -the communications from the Director of Community Services & Water, dated April 9, 1998, and April 28, 1998, and all supporting documents, be received and filed as evidence and that the conditional use permit be granted with the aforementioned conditions including the change to condition "k" noted in the Director of Community Services & Water's letter of April 28, 1998. Motion carried. It was moved by Ybarra, seconded by Davis, that the Council determine that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Davis, seconded by McCormick, that the Council determine that the project will not have a significant effect on the environment. Motion carried. It was moved by Davis, seconded by Ybarra, that the Council determine that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Ybarra, seconded by Davis, that a Negative Declaration be adopted, and a Notice of Determination and a De Minimis Finding be filed with the County Clerk. Motion carried. RESOLUTION NO. 7109 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Klistoff and Sons, Inc., for the Operation of a Truck Terminal at 4280 Bandini Boulevard, was presented. (Deferred from City Council Meeting held April 14, 1998.) a City Council Meeting Minutes Page 8 April 28, 1998 It was moved by Davis, seconded by Ybarra, that Resolution No. 7109 be approved and adopted.. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 23, 1998, was presented, advising that staff is continuing to review documentation in the matter of the annexation to the City of Vernon from the City of Bell, and it is hereby recommended that the Public Hearing be continued. PUBLIC HEARING to consider a resolution requesting the Local Agency Formation Commission of Los Angeles County to take proceedings for the reorganization of territory (annexation to the City of Vernon). (Continued from City Council Meeting held April 14, 1998.) It was moved by Gonzales, seconded by Ybarra, that the Public Hearing pertaining to the annexation to the City of Vernon from the City of Bell be continued to the City Council Meeting to be held May 5, 1998, and no action taken at this time. Motion carried. RESOLUTION NO. 7110 - A Resolution of the City Council of the City of Vernon Requesting the Local Agency Formation Commission to Take Proceedings for .the Reorganization of Territory (Annexation to the City of Vernon from the City of Bell). (Deferred from City Council Meeting held April 14, 1998.) It was moved by Ybarra, seconded by McCormick, that Resolution No. 7110 be deferred to the City Council Meeting to be held May 5, 1998. Motion carried. RESOLUTION NO. 7111 - A Resolution of the City Council of the City of Vernon Approving an.Exchange of Property Taxes for the Annexation to the City of Vernon of Approximately 58 Acres Currently Within the Boundaries of the City of Bell. (Deferred from City Council Meeting held April 14, 1998.) It was moved by Gonzales, seconded by Davis, that Resolution No. 7111 be deferred to the City Council Meeting to be held May 5, 1998—Motion carried. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a request from West Ex for a Conditional Use Permit to operate a truck terminal at 2550 28th Street, Vernon. It was moved by Gonzales, seconded by McCormick, to open the Public Hearing pertaining to a conditional use permit from West Ex, the time being 5:39 p.m. Motion carried. ' Mr. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services & Water, dated April 22, 1998, was presented, advising that West Ex, Inc., has applied for a conditional use permit to operate a truck terminal at 2550 28th Street. Herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. City Council Meeting Minutes Page 9, April 28, 1998 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. The project is categorically exempt from the California Environmental Quality Act because it is an existing facility with no expansion of use as defined in Section 15301. A Notice of Exemption will be prepared. In my opinion, 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 determine: 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. Further, it is recommended that the conditional use permit be granted subject to 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. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2550 28th Street in the City of Vernon. b. 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. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed and maintained to meet City standards. Adequate on -site parking shall be maintained so that no on -street parking will occur. C. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. d. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources, if required. e. No equipment or freight shall be stored on the site, other than in buildings, trailers or on the docks. f. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. g. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy, a business license and occupancy permit shall be obtained. d City Council Meeting Minutes Page 10 April 28, 1998 h. A hazardous materials inventory and business/contingency plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/waste shall be handled and managed in compliance with all appropriate federal, state and local laws. i. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal service. j. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. k. The facility shall be operated in a manner which will not impede traffic on 28th Street. 1. All existing cracked sidewalk, curb and gutter adjacent to the site in 28th Street shall be repaired and maintained to meet City Standards. M. The site shall not generate more than 530 truck trips (265 inbound and 265 outbound) and 336 automobile trips (168 inbound and 168 outbound) per day. The Mayor asked if there was anyone in the audience who had questions on this matter or if there were any questions from the Council. There were no questions from the audience or from the Council. It was moved by Davis, seconded by McCormick, to close the Public Hearing pertaining to the conditional use permit from West Ex, the time being 5:43 p.m. Motion carried. It was moved by Davis, seconded by Ybarra, that the City Council make the determination that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Gonzales, seconded by McCormick, that the City Council make the determination that the project will not have a significant effect on the environment. Motion carried. It was moved by Ybarra, seconded by Davis, that the City Council make the determination that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services & Water, dated April 22, 1998, and all supporting documents, be received and filed as evidence, and that the conditional use permit be granted contingent upon adherence to the conditions "a thru m." Motion carried. . RESOLUTION NO. 7114 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to West Ex, Inc., for the Operation of a Truck Terminal at 2550 28th Street, was presented. City Council Meeting Minutes Page 11 April 28, 1998 It was moved by McCormick, seconded by Davis, that Resolution No. 7114 be approved and adopted. Motion carried. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a request from Jian Jiong Deng for a Variance to utilize a shorter maneuvering aisle for automobile parking at 3620 Santa Fe Avenue, Vernon. It was moved by'Ybarra, seconded by Davis, to open the Public Hearing pertaining to a variance for Jian Jiong Deng, the time being 5:44 p.m. Motion carried. Mr. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated April 21, 1998, was presented, advising that Jian Jiong Deng has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(d), Development Standards for Automobile Parking Layouts, for the property located at 3620 Santa Fe Avenue. Jian Jiong Deng is the owner of the property which has been vacant for a continuous period greater than one year. Section 26.4.6-7 requires that the building shall not be occupied except in the case that it has been brought into conformity with all regulations of the zone in which it is located. With one exception, the owner's development proposal would bring the property into conformity with the applicable regulations. The exception involves the required maneuvering aisle for automobile parking, thus prompting this variance application. Herewith is the following evidence: 1. Staff report. 2. Application for variance. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing It is hereby recommended that the variance be granted with the following conditions: a. Prior to occupancy, the occupant shall obtain a Certificate of Occupancy. The occupant shall comply with all conditions as determined by the City of Vernon as part of the required occupancy inspection. These conditions shall include, but not be limited to, requirements for exiting, ADA accessibility and structural integrity of the building. b. The building and parking area shall be modified and maintained in accordance with the plans dated March 26, 1998, submitted as a part of this variance application. C. The use of the building shall be limited so as not to require more than seven automobile parking spaces. d. Signs shall be posted at the driveway entrance giving notice of the truck size restriction and a covenant must be recorded by the property owner which restricts the length of trucks entering the property as required by the Comprehensive Zoning Ordinance Section 26.4.2-9(a). R City Council Meeting Minutes April 28, 1998 Page 12 e. All future tenants shall be notified of this restriction and a condition stating this shall be placed in all. future leases. f. The entire building, including all proposed modifications, shall be brought into conformance with all current codes. The Mayor asked Mr. Wilson if this issue had come before City Council previously. The Director of Community Services & Water reported that it had, and this application has revised the parking situation. The City Clerk asked what type of business this is. Mr. Wilson stated that he believed it was a garment manufacturer. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the variance for Jian Jiong Deng, the time being 5:50 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk, dated April 21, 1998, and all supporting documents, be received and filed as evidence, and that the variance be granted. Motion carried. RESOLUTION NO. 7113 - A Resolution of the City Council of the City of Vernon Granting a Variance to Jian Jiong Deng from Section 26.4.2-8(d), Development Standards for Automobile Parking Layouts, of the Comprehensive zoning Ordinance for the Property Located at 3620 Santa Fe Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7113 be approved and adopted. Motion carried. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider the ordinance extending Ordinance No. 1061 which placed a moratorium on the processing or approval of tentative maps, parcel maps and lot line adjustments. It was moved by McCormick, seconded by Gonzales, to open the Public Hearing to consider an ordinance which placed a moratorium on the processing or approval of tentative maps, parcels and lot line adjustments, the time being 5:52 p.m. Motion carried. Mr. Kevin Wilson, Director of community Services & Water, addressed the City Council on this matter and read from his prepared report. Communication from Bruce V. Malkenhorst, City Clerk, dated April 23, 1998, was presented, advising that on March 24, 1998, the City Council approved and adopted Ordinance No. 1061 which prohibited the processing or approval of tentative maps, parcel maps and lot line adjustments for a period of 45 days from and after the date of its adoption. City Council Meeting Minutes April 28, 1998 Page 13 The Department of Community Services & Water has considered the concepts that should be studied to improve the City's land use controls to insure that policy goals set forth in the General Plan are being met. Some of the concepts that will be studied may include establishing a minimum lot size, reducing the permitted size of a warehouse in the M zone, establishing a special fee for warehouse and transportation uses and inquiring how the Redevelopment Agency can take a more pro -active role in attracting industrial uses. The following documents are herewith submitted: 1. Report to City Council on Subdivisions. 2. Notice of Public Hearing and Affidavit of Posting. This has been reviewed by the City Attorney's office, and it is hereby recommended that the moratorium on subdivisions be extended for a maximum period of 10 months and 15 days. The Mayor asked if the City Attorney had any comments at this time. The City Attorney responded that he did not have any comments at this time. The Mayor asked if anyone from the audience had any comments or questions concerning this matter. Ms. Delores Petullo addressed the City Council and posed several questions and inquiries that were proposed to the Chamber of Commerce with regard to the moratorium. Mr. Barry Siegel, Dynamic Builders, discussed their current projects, 27th/Santa Fe and Vernon Avenue, and asked that - since their project was so far along and near completion, that the City Council allow them to proceed. Mr. Randy Kendrich, Ziebech Development, commented on the Alcoa site. He also asked for a grace period because the original map was prepared and submitted prior to the moratorium being placed into effect. Mr. Michael Calley, Architect, involved in several projects, including a glass recycling company, also asked that the City Council give this matter serious consideration before agreeing. Mr. Rich Henniger, U.S. Filter, is also looking at the Alcoa site and has submitted a parcel map. Mr. Ken Jackson, Dynamic Builders, felt if this issue got the go ahead, many businesses that were. already in the works would be left at a stand still and asked that the City Council to consider continuing this matter. Mr. Albert Sandberg, Chairman of Sandberg Furniture, and has been here for 65 years, hoped the issue will be continued to allow them to move onto the Alcoa site. They wanted it continued to at least.allow them to transact the necessary business to expand as necessary if they are to stay in the City of Vernon. City Council Meeting Minutes Page 14 April 28, 1998 The City Attorney advised the audience that the Ordinance has a provision allowing the City Council to act on all projects that were in the works prior to March 24, 1998. Any projects that were not in the works or plans had not been submitted will be affected by this moratorium. It was moved by Gonzales, seconded by Davis, to close the Public Hearing considering an ordinance to extend the moratorium on processing or approval of tentative maps, parcel maps and lot line adjustments, the time being 6:20 p.m. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk, dated April 23, 1998, and all supporting documents, be received and filed as evidence, and that the moratorium be extended. Motion carried. ORDINANCE NO. 1062 - An Interim Ordinance of the City Council of the City of Vernon Extending Interim Ordinance No. 1061, Making Findings With Respect Thereto, Declaring the Urgency Thereof and a Basis for Said Ordinance to Take Effect Immediately, was read by title by the City Clerk. It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 1062 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Davis, Gonzales, McCormick Noes: None Absent: None RESOLUTION NO. 7112 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: Community Services, City Administrator/City Clerk (Health/Finance), Fire, Light and Power, and Police, Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by McCormick, seconded by Davis, that Resolution -No. 7112 be approved and adopted. Motion carried. Communication from Police Chief Bruce Olson, dated April 7, 1998, was presented, requesting authority and funds for Scott Shonts, Police Officer, to attend the Legal Education Update at Long Beach on May 27 thru 29, 1998, with an expense allowance of $289.96 of which POST will reimburse $289.96. It was moved by Ybarra, seconded by Davis, that authority be granted for Scott Shonts, Police Officer, to attend the aforementioned seminar, with an expense allowance of $189.96. Motion carried. Communication from Police Chief Bruce Olson, dated April 14, 1998, was presented, requesting authority and funds for Steven Wiles, Police Officer, to attend the Vehicle Theft Statewide Conference at Palm Desert on May 13 thru 14, 1998, with an expense allowance of $286.72. It was moved by McCormick, seconded by Gonzales, that authority be granted for Steven Wiles, Police Officer, to attend the aforementioned conference, with an expense allowance of $286.72. Motion carried. Communication from Kenneth J. DeDario, Director of Light & Power, dated April 15, 1998, was presented, requesting authority and funds for Ramon Abueg, Assistant Director of Engineering & Operations, to attend the G.O. 95/128 Rules Committee Meeting at Sacramento on May 13 thru 14, 1998, with an expense allowance of $308. City Council Meeting Minutes Page 15 April 28, 1998 It was moved by Ybarra, seconded by Davis, that authority be granted for Ramon Abueg, Assistant Director of Engineering & Operations, to attend the aforementioned meeting, with an expense allowance of $308. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated April 16, 1998, was presented, advising that Contract No. 528, Traffic Pavement Striping, with Arrow Straight Marking and Striping Service, 3084 Strasbourg Drive, Riverside, CA 92504, expires May 31, 1998. The contract provides for extension by mutual agreement under Contract Extension (F-6). Arrow Straight Marking and Striping Service has indicated that they would like to continue under the present contract. Under compensation (F-7) of the Special Provisions, they are eligible for a Consumer Price Index increase in the contract. The February 1998 CPI is 1.2, with a 7511 adjustment. This would be a 0.9% increase in the contract. This has been reviewed by the City Attorney, and it is hereby recommended that the contract be extended to May 31, 1999. It was moved by Ybarra, seconded by Gonzales, that Contract No. 528, Traffic Pavement Striping, with Arrow Straight Marking and Striping Service, be extended to May 31, 1999. Motion carried. RESOLUTION NO. 7117 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Second Amendment to Contract No. 528 (One -Year Extension 1998/1999) By and Between the City of Vernon and Arrow Straight Marking and Striping Service, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7117 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 21, 1998, was presented, transmitting the salary scale for the Systems Coordinator II classification to be modified to accommodate the approved Systems Coordinator II Trainee position (recommended by the Personnel Committee at their March 16, 1998, meeting), effective March 29, 1998. It is hereby recommended that the Systems Coordinator II salary scale be modified, effective March 29, 1998. It was moved by Gonzales, seconded by Ybarra, that the Systems Coordinator II salary scale be modified, effective March 29, 1998. Motion carried. RESOLUTION NO. 7116 - A Resolution of the City . Council of the City of Vernon Amending Schedule III, Exhibit "C" and Schedule II, Exhibit "B," Page 10, of Resolution No. 6976, Which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7116 be approved and adopted. Motion carried. Communications from Kenneth J. DeDario, Director of Light & Power, dated April 21, 1998, was presented, requesting authority and funds for Carlos Fandino, Systems Supervisor, and Curtis Kirkland, Senior Electronics Technician, to attend the High Voltage Electrical Safety Seminar at Los Angeles on May 19 thru 20, 1998, with an expense allowance of $695 each. City Council Meeting Minutes April 28, 1998 Page 16 It was moved by Ybarra, seconded by Gonzales, that authority be granted for Carlos Fandino, Systems Supervisor, and Curtis Kirkland, Senior Electronics Technician, to attend the aforementioned seminar, with an expense allowance of $695 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 23, 1998, was presented, advising that due to the recent approval of Ordinance Nos. 1056 and 1057, the City finds it necessary to retain the services of a consultant to assist with identifying qualifying parcels. In addition, the Finance Committee previously discussed retaining the services of Hdl Coren & Cone for the purpose of performing property tax revenue recovery services. It is hereby recommended that the proposal from Hdl Coren & Cone for their preparation of the tax roll for parcel tax be accepted and the agreement for property tax service be approved. The City Attorney advised that the matter pertaining to property tax recovery services should be deferred to the next City Council meeting. .It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk, dated April 23, 1998, be received and filed. Motion carried. RESOLUTION NO. 7118 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Consulting Services By and Between the City of Vernon and Hdl Coren & Cone, was presented. It was moved by Ybarra, seconded by McCormick that Resolution No. 7118 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, that by the advice of the City Attorney, action on the property tax recovery services is deferred to the next City Council Meeting. Motion carried. RESOLUTION NO. 7119 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Property Tax Management Services By and Between the City of Vernon and Hdl Coren & Cone. It was moved by Ybarra, seconded by Davis, that Resolution No. 7119 be deferred to the City Council Meeting to be held May 5, 1998. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 23, 1998, was presented, transmitting the Adjourned Regular Agenda for the Personnel Committee Meeting to be held April 27, 1998, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the April 27, 1998, Agenda for the Personnel Committee meeting be approved. Motion carried. WARRANT REGISTER NO. 987 covering claims and demands presented during the period of April 10 thru April 23, 1998, drawn on Wells Fargo Bank totaling $272,615.83, which includes Demand Nos. 66440 thru 66642 (inclusive), excluding Light & Power Demands and Void Demands 66484 and 66509 thru 66512 (accounting period April 1998) was examined and audited. t City Council Meeting Minutes April 28, 1998 Page 17 It was moved by Davis, seconded by McCormick, that Warrant Register No. 987 be approved and payment authorized for claims and demands totaling $272,615.83, excluding Light & Power Demands and Void Demands as listed above. Motion carried. WARRANT REGISTER NO. 987 covering claims and demands presented during the period of April 10 thru April 23, 1998, drawn on Wells Fargo Bank totaling $1,773,805.26, which includes Light & Power Demand numbers as listed below (accounting period April, 1998) was examined and audited: 66448 66456 66470 66502 66532 66558 66608 66640 66449 66457 66472 66503 66533 66562 66610 66450 66464 66476 66504 6653.7 66567 66615 66451 66465 66478 66505 66544 66588 66618 66452 66466 66481 66506 66548 66589 66620 66453 66467 66495 66507 66550 66597 66629 66454 66468 66497 66514 66551 66602 66634 66455 66469 66500 66516 66557 66603 66635 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 987 be approved and payment authorized for Light & Power claims and demands totaling $1,773,805.26. 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. 502 covering claims and demands presented during the period of February 15 thru March 14, 1998,' drawn on Wells Fargo Bank totaling $1,653,886.32, which includes Demand numbers 5707 thru 5735 (inclusive) (accounting period March, 1998), was examined and audited. Check No. 5720 excluded in this report; to be included on April 1998 payroll report. It was moved by Gonzales, seconded by McCormick, that Payroll Warrant Register No. 502 be approved and payment authorized for claims and demands totaling $1,653,886.32. Motion carried. Consideration and discussion of an engineering consultant agreement to assist the Light & Power Department with existing transmission rate issues, was presented. Mr. Kenneth J. DeDario, Director of Light & Power, addressed the City Council and briefly summarized this matter. The City Attorney addressed the City Council and also briefly summarized this matter. It was moved by Gonzales, seconded by Ybarra, that the City retain the services of Energy Solutions International at a cost not to exceed $15,000, and authorize the Purchasing Office to issue a purchasing order to said company. Motion carried. The Mayor called a recess at 6:50 p.m. The Council reconvened in regular session at 6:52 p.m., all members present before the recess again being present. There were no issues for Closed Session, Item No. 1. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government. Code Section 54957. City Council Meeting Minutes April 28, 1998 Page 18 a. EMPLOYEE.DISCIPLINE/DISMISSAL/RELEASE It was moved by McCormick, seconded by Davis, that Council go into Closed Session, Item Nos. 2 and 3, the time being 6:52 p.m. Motion carried. All persons were excluded from Closed Session except 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. 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 (a) City of Vernon vs Central Basin Municipal.. Water District, LASC No. BC 121124; 2CIV B101606; (b) City of Vernon vs Central Basin etc Zastrow, et al., LASC No. BC 130693; (c) City of Vernon v Board of Harbor Commissioners of the City of Long Beach. et al., LASC Case No. BC 158591; 2CIV 13112374 (Pier T) ; (d) The City of Vernon v The Atchison. Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (e) Johnsen & Vincent v. Vernon, LASC BS 039646; (f) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open Access); (g) FERC Docket Nos. ER97-2355, EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (h) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (i) City of Orange et al v Alabama Treasurv, et al., LASC Case No. BC 106461; (j) TOMCO Auto Products Inc. v. Vernon, Norwalk Superior Court No. VCO23838; (k) Alex Mendrin (A1's Plastics) v. City of Vernon; Norwalk Superior Court No. VC 025592; (1) Scottsdale Insurance Company, et al. v. Vernon; Norwalk Superior Court No. VC 025888; (m) .Tames Raabe v. Vernon, WC Nos. 91-VNO-0232212, VNO-336707, VNO-218463, and VNO-336708; (n) Vernon Sem v City of Vernon, WC No. POM 0187239, VNO Unassigned City Council Meeting Minutes April 28, 1998 Page 1.9 (o) South Coast Air Quality Management District (AQMD) Case No. 4957-1 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: One (1) potential case. It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:56 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Attorney be authorized, pursuant to California Code of Civil Procedure Sec. 860 at sea., to file a tax validation action in the Superior Court of the County of Los Angeles to validate City of Vernon Ordinance No. 1057 which was adopted by the voters of the City of Vernon as certified by the City Council of the City of Vernon in Resolution No. 7115, adopted on April 28, 1998. 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. Leonis C. Malburg Mayor ATTEST: Bruce V. Malkenhorst City Clerk a