Loading...
19980922 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 22, 1998 5:00 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: The meeting was called to order by Mayor Malburg. It was moved by Gonzales, seconded by Ybarra, that the minutes of the City Council Meeting held August 18,1998 and September 8, 1998 be approved as submitted and adopted. Motion carried. The City Clerk announced that now was the time to present the Service Pins. The Mayor presented a Service Pin to Ana Bedoy, Police Dispatcher, and extended congratulations on behalf of the entire City Council. Mauro Trujillo, Utilityman III, was unable to attend the meeting and his Service Pin was accepted by Kevin Wilson, Director of Community Services & Water. The Mayor called a short recess, the time being 5:09 p.m. Council reconvened at 5:10 p.m., all members present before the recess again being present. The City Clerk announced that now was the time to present the Perfect Attendance Awards. The Mayor presented Perfect Attendance Awards to the following employees and extended congratulations on behalf of the entire City Council. Andrew Thompson, Utilityman Larry Weaver, Administrative Fire Captain Ana Bedoy, Police Dispatcher Robert Kipness, Foreman William Wilson, Engineering Aide Manuel Garcia, Systems Manager The following employees were unable to attend the meeting and their Perfect Attendance Awards were accepted by their respective department head: Gregory Bringhurst, Firefighter Vito Gaxiola, Police Officer Benjamin Potter, Vernon Service Officer The Mayor called a short recess, the time being 5:12 P.M. Council reconvened at 5:13 p.m., all members present before the recess again being present. Police Department Activity Log for the period September 1s' thru 15th, 1998, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period September 1st thru 15th, 1998, be received and filed. Motion carried. Page 1 of 11 City Council Minutes September 22, 1998 Fire Department Activity Report for the period September 1st thru 15th, 1998, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period September 1st thru 15th, 1998, be received and filed. Motion carried. Health Department Report for the month of August, 1998, was presented. It was moved by Gonzales, seconded by McCormick, that the Health Department Report for the month of August, be received and filed. Motion carried. Risk Management Report for the month of August, 1998, was presented. It was moved by Ybarra, seconded by Davis, that the Risk Management Report for the month of August, 1998, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the City Council on any item on the Agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time. There was no one in the audience who wished to address the City Council at this time. The City Clerk announced that now was the time to open the Public Hearing to consider a request from B. H. Investments, LLC., for a Variance to utilize one non -conforming truck loading space at 2425 30th Street, Vernon. It was moved by Davis, seconded by Ybarra, to open the Public Hearing pertaining to the request from B. H. Investments, LLC., for a Variance, the time being 5:15 p.m. Motion carried. Kevin Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized this matter. Mr. Wilson also advised that he submitted a communication dated September 21, 1998 which addressed a change to condition "T. Communication from Bruce V. Malkenhorst, City Clerk, dated September 17, 1998, was presented, advising that B. H. Investments, LLC. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8, Development Standards, for the property located at 2425 30th Street in the City of Vernon. B. H. Investments, LLC., is the owner of the property and is requesting to utilize one non -conforming truck loading space. The building is currently occupied by Premier Textiles (formerly known as Mellinneer Fibers) for manufacturing yarn. Herewith is the following evidence: 1. Staff report. 2. Application for variance. Page 2 of 11 City Council Minutes September 22, 1998 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. It is recommended that the variance be granted with the following conditions: a) The number of conforming truck loading spaces on the property shall not be reduced. b) The usage of all non -conforming truck loading spaces shall be limited so that no trucks parked at or using the loading space shall extend into the existing street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. c) All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. d) This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first. At that time, use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access, and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access, or loading area(s) be treated in the same manner as a legal nonconforming use subject to section 26.4.E-4(b). Communication from Kevin Wilson, Director of Community Services & Water, dated September 21, 1998, was presented, advising that the following condition be amended for the Variance for B. H. Investments, LLC., at 2425 30th Street: (d) This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on Autust 19, 2009, whichever occurs first. At which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to section 26.4.E-4(b). The Mayor asked if the City Council or anyone from the audience had any questions or comments. There were no questions or comments from the audience. It was moved by Gonzales, seconded by McCormick to close the Public Hearing pertaining to the request from B. H. Investments, LLC., for a Variance to utilize one non -conforming truck loading space at 2425 30th Street, Vernon, the time being 5:21 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated September 17, 1998, the communication from the Director of Community Services & Water dated September 21, 1998, and all supporting documents submitted as evidence during the Public Hearing, be received and filed. Motion carried. Page 3 of 11 City Council Minutes September 22, 1998 RESOLUTION NO. 7214 - A Resolution of the City Council of the City of Vernon Granting a Variance to B. H. Investments, LLC., from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 2425 30th Street in the City of Vernon was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7214 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 AirSep Systems, Inc. for a Conditional Use Permit to operate a recycled materials processing facility at 4405 Fruitland Avenue, Vernon. It was moved by Ybarra, seconded by Davis, to open the Public Hearing pertaining to the request from AirSep Systems, Inc. for a Conditional Use Permit to operate a recycled materials processing facility at 4405 Fruitland Avenue, Vernon, the time being 5:22 p.m. Motion carried. Kevin Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized this matter. Mr. Wilson also advised that he submitted a communication dated September 21, 1998 which addressed a change to conditions "d" and "j". Communication from Kevin Wilson, Director of Community Services and Water dated September 16, 1998, was presented, advising that AirSep Systems, Inc. has applied for a Conditional Use Permit to operate a recycled materials processing facility at 4405 Fruitland Avenue in the City of Vernon. After review of the application by the Community Services Department, it is recommended that the Conditional Use Permit be granted. Herewith for your consideration are the following 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. 4. Environmental Checklist Form and Initial Study. 5. Proposed Negative Declaration. 6. Mitigation Monitoring Program An initial study has been conducted for the project in compliance with the California Environmental Quality Act (CEQA) which identifies potentially significant impacts on the environment from the project. A mitigation monitoring program has been proposed to mitigate any potentially significant effects. 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. Page 4 of 11 City Council Minutes September 22, 1998 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. 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. All required frontage improvements in the City of Vernon shall be constructed and all existing cracked sidewalk, curb and gutter adjacent to the site on Fruitland Avenue and Everett Court, in the City of Vernon shall be repaired and maintained to meet City Standards. d. The facility shall be operated in a manner which will not impede traffic on Everett Court or Fruitland Avenue and parking and loading shall occur in either the lot located at 4405 Fruitland Avenue/5050 Everett Court or the additional parking lot located on Fruitland Avenue in the City of Maywood. No on -street parking or loading shall occur. e. The proponent shall submit quarterly reports to the Environmental Health Department on diversion and disposal tonages. f. All recyclable product waste containers which are used to transport product to or from the facility shall be water tight. g. All transport vehicles used to deliver recycled product to the facility shall be permitted by the City of Vernon. h. There shall be no storage of materials outside of the AirSep Systems, Inc. building at 4405 Fruitland Avenue. i. The authorized use shall be conducted at all times with due regard for the character of the surrounding area and shall not cause a nuisance to the neighboring residences or businesses. j. The facility shall be operated in compliance with the "Mitigation Monitoring Program for AirSep Systems, Inc., Recycled Material Processing Facility Located at 4405 Fruitland Avenue, Vernon, California" dated August 25, 1998. Communication from Director of Community Services & Water, dated September 21, 1998, recommending that the following conditions be amended for the conditional use permit for AirSep Systems, Inc. to operate a recycled materials processing facility at 4405 Fruitland Avenue: Page 5 of 11 City Council Minutes September 22, 1998 d. The facility shall be operated in a manner which will not impede traffic on Everett Court or Fruitland Avenue. Truck parking and loading shall only occur in the lot located at 4405 Fruitland Avenue/5050 Everett Court while automobile parking may occur in either the said lot or the lot located on Fruitland Avenue in the City of Maywood. No on -street parking or loading shall occur. j. The facility shall be operated in compliance with the "Mitigation Monitoring Program for AirSep Systems, Inc., Recycled Material Processing Facility Located at 4405 Fruitland Avenue, Vernon, California" dated September 17, 1998. Mayor asked if anyone in the audience or the City Council had any comments or questions. Mr. Wilson advised the City Council of a letter received this date from Mr. E. W. Dunsmoor, Jr., Vice President and General Manager of Jefferson Smurfit Corporation dated September 22, 1998. Mr. Dunsmoor expressed their support of this facility and advised that this facility would be utilized by his firm and that they felt that this is an excellent opportunity for the City to lead the way in the reduction of such recycled waste. Bill Davis asked how many employees were at this location. Kevin Wilson replied that there were no more than ten. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing pertaining to the request from AirSep Systems, Inc. fora Conditional Use Permit to operate a recycled materials processing facility at 4405 Fruitland Avenue inthe City of Vernon, the time being 5:34 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communications from the Director of Community Services & Water dated September 16, 1998 and September 21, 1998, and all supporting documents submitted as evidence during the Public Hearing, be received and filed. Motion carried. It was moved by Ybarra, seconded by Davis, that the City Council hereby determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by McCormick, seconded by Gonzales, that the City Council hereby determines that the project will not have a significant effect on the environment. Motion carried. It was moved by Davis, seconded by Ybarra, that the project will not individually or cumulatively have an adverse effect on wildlife resources and that the conditional use permit be granted subject to conditions listed on the communication submitted during the Public Hearing. Motion carried. RESOLUTION NO. 7215 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to AirSep Systems, Inc. for the Operation of a Recycled Materials Processing Facility at 4405 Fruitland Avenue in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7215 be approved and adopted. Motion carried. Page 6 of 11 City Council Minutes September 22, 1998 Communication from Bruce Olson, Chief of Police, dated August 27, 1998 requesting authority and funds for Sergeant Daniel Calleros and Detective Mathew Saidleman to attend the Interview & Interrogations Course at San Bernardino on October 27th thru 31st, 1998 with an expense allowance of $459.80 each. It was moved by McCormick, seconded by Ybarra, that authority and funds be granted for the Police personnel listed above to attend the aforementioned course with a total expense allowance of $459.80 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated August 13, 1998 requesting authority and funds for Police Officer Donald Vanover to attend the Report Writing Course at Newport Beach on October 13th thru 15th, 1998 with an expense allowance of $297.80 of which $261.60 will be reimbursed by POST was presented. It was moved by Davis, seconded by Gonzales, that authority and funds be granted for Police Officer Donald Vanover to attend the aforementioned course with a total expense allowance of $297.80. Motion carried. Communication from Dave Telford, Fire Chief, dated July 22, 1998 requesting authority and funds for Fire Captain John Cusolito to attend the Confined Space Rescue Operational Conference at North Net Fire Training Center on October 26th thru 30th, 1998 with an expense allowance of $325.00 was presented. It was moved by Ybarra, seconded by McCormick, that authority and funds be granted for Fire Captain John Cusolito to attend the aforementioned conference with a total expense allowance of $325.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 16, 1998 requesting authority and funds for Elizabeth Sawickis, Records Manager, to attend the C.L.E.A.R.S annual training conference at Palm Springs on October 27th thru 30th, 1998 with an expense allowance of $606.85 was presented. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Records Manager Elizabeth Sawickis to attend the aforementioned conference with a total expense allowance of $606.85. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated August 25, 1998 requesting authority and funds for Art Cervantes, Engineering Aide I, to attend the Public Works Construction Contracting II Seminar at Anaheim on October 15, 1998 with an expense allowance of $295.00 was presented. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Engineering Aide I Art Cervantes to attend the aforementioned seminar with a total expense allowance of $295.00. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 17, 1998, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held September 21, 1998 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations listed on the September 17, 1998 Agenda for the Personnel Committee meeting be approved. Motion carried. Page 7 of 11 City Council Minutes September 22, 1998 Communication from Bruce V. Malkenhorst, Director of Finance, dated September 16, 1998, was presented, transmitting the Minutes of the Finance Committee meeting held September 15, 1998 for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that recommendations listed on the September 15, 1998 Minutes of the Finance Committee meeting, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 16, 1998, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held September 21, 1998 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations listed on the September 21, 1998 Agenda for the Adjourned Finance Committee, be approved. Motion carried. RESOLUTION NO. 7218 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Collectible Work Authorization By and Between the City of Vernon and Southern California Gas Company for the Installation of Two New 10" Service Lines and Two Meter Set Assemblies at Bandini and Downey and Downey and Fruitland was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7218 be approved and adopted. Motion carried. The Mayor abstained from voting on this matter. RESOLUTION NO. 7216 - A Resolution of the City Council of the City of Vernon Revising Its Fees and Procedures for Public Inspection and Examination of Public Records, and for Obtaining Copies of Public Records of the City of Vernon and Repealing Resolution No. 6678 was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7216 be approved and adopted. Motion carried. WARRANT REGISTER NO. 998 covering claims and demands presented during the period of September 4, 1998 thru September 17, 1998, drawn on Wells Fargo Bank totaling $433,187.69, which includes Demand Nos. 68506 thru 68705 (inclusive), excluding Utility Demands and Void Demands as listed below (accounting period September, 1998), was examined and audited. 68506 68549 68585 68622 68507 68560 68586 68508 68580 68587 68509 68581 68588 68510 68582 68589 68534 68583 68590 68535 68584 68591 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 998 be approved and payment authorized for claims and demands totaling $433,187.69, excluding Utility Demands and Void Demands as listed above. Motion carried. Page 8 of 11 City Council Minutes September 22, 1998 WARRANT REGISTER NO. 998 covering claims and demands presented during the period of September 4, 1998 thru September 17, 1998, drawn on Wells Fargo Bank totaling $449,145.41, which includes Utility Demand Nos. as listed below (accounting period September, 1998), was examined and audited. 68511 68562 68623 68681 68512 68564 68629 68682 68513 68568 68632 68691 68514 68569 68641 68696 68515 68572 68646 68699 68524 68573 68648 68703 68525 68577 68651 68554 68592 68652 68555 68600 68654 68558 68601 68667 68561 68617 68670 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 998 be approved and payment authorized for Utility claims and demands totaling $449,145.41. 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. 507 covering claims and demands presented during the period of July 19, 1998 thru August 15, 1998, drawn on Wells Fargo Bank totaling $1,761,641.89 which includes Demand Nos. 5867 thru 5903 (inclusive) (accounting period August, 1998) was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 507 be approved and payment authorized for claims and demands totaling $1,761,641.89. Motion carried. Consideration of a Gas Sales Agreement Between PG&E Energy Services and the City of Vernon for gas supply for the turbines as submitted by Kenneth J. DeDario, Director of Utilities on September 16, 1998 was discussed. It was moved by Gonzales, seconded by McCormick, that the Gas Sales Agreement Between PG&E Energy Services and the City of Vernon be approved and adopted. Mayor Malburg abstained from voting. Motion carried. RESOLUTION NO. 7217 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Gas Sales Agreement (Power Plant Only) By and Between the City of Vernon and PG&E Energy Services Corporation was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7217 be approved and adopted. The Mayor abstained from voting on this matter. Motion carried. The Mayor called a recess at 5:58 p.m. The Council reconvened in Regular Session at 6:00 p.m., all members present before the recess again being present. The City Clerk advised that 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. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Page 9 of 11 City Council Minutes September 22, 1998 It was moved by Davis, seconded by Ybarra, that Council go into Closed Session, Item No. 2, the time being 6:01 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, Chief Deputy City Clerk, and the City Attorney. 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, etc., Zastrow, et al. LASC No. BC 130693; (b) City of Vernon v. Board of Harbor Commissioners of the City Of Long Beach, et al., LASC Case No. BC 158591; 2CIV B112374 (Pier T) (c) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (d) Johnson & Vincent v. Vernon, LASC BS 039646; (e) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open access); (f) FERC Docket Nos. ER97-2355, EC96-19-000, ER96- 16,33 and EL96-48 (Restructuring); (g) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (h) Alex Mendrin (Al's Plastics) v. City of Vernon; Norwalk Superior Court No. VC 025592 consolidated with Scottsdale Insurance Company, et al, v. Vernon; Norwalk Superior Court No. VC 025888; (i) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned (j) City of Vernon v. All Persons Interested in the Matter of the Validity of City of Vernon Ordinance No 1057 etc., Los Angeles Superior Court No. BC 190791; (k) FERC Docket No. ER98-3594 (ISO); (1) CPUC Application No. 98-07-005; (m) FERC Docket No. ER98-3760 (ISO); (n) Donald Glaze v. City of Vernon, WCAB No. AHM 027019, 027021, 039637 (o) James Mason v. City of Vernon, WCAB No. MON 0215293 It was moved by Gonzales, seconded by Ybarra, that the Council go out of Closed Session and resume Regular Session, the time being 6:10 p.m. Motion carried. Page 10 of 11 City Council Minutes September 22, 1998 It was moved by McCormick, seconded by Davis, that the City enter into a Stipulation at 57 1/4% permanent disability in the matter of James Mason vs. the City of Vernon, WCAB No. MON 0215293. 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. ATTEST: Bruce V. Malkenhorst City Clerk L onis C. Malbu g M or Page 11 of 11