20000104 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD JANUARY 4, 2000
AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF
THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Davis, that the
Minutes of the City Council Meeting held December 21, 1999, be
approved as submitted and adopted. Motion carried.
The City Clerk announced that now was the time to
present Service Pins.
The Mayor presented a Five Year Service Pin to Carlos
Gudino, Utilityman IV, and extended congratulations on behalf of
the entire City Council.
Deborah Medina, Administrative Associate, was unable to
attend the meeting and her Ten Year Service Pin was accepted by
Ramon Abueg, Assistant Director of Engineering & Operations.
The Mayor called a short recess, the time being 5:01
p.m. Council reconvened at 5:02 p.m., all members present before
the recess again being present.
Police Department Activity Log for the period December
16th thru 315t, 1999, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period December 16th
thru 315t, 1999, be received and filed. Motion carried.
Fire Department Activity Report for the period December
16th thru 31st, 1999, was presented.
It was moved by Davis, seconded by Gonzales, that the
Fire Department Activity Report for the period December 16th thru
31st, 1999, 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 anyone in the audience wished to
address the Council at this time.
There was no one wishing to address the City Council.
The City Clerk announced that now was the time to
continue with the PUBLIC DARING to consider a variance
application from BrandLab, Inc., to utilize eight (8) non-
conforming truck loading docks at 4355 Fruitland Avenue in the
City of Vernon.
It was moved by Ybarra, seconded by Davis, to continue
the Public Hearing to consider a request from BrandLab, Inc. for
a Variance application, the time being 5:03 p.m. Motion carried.
City Council Minutes
January 4, 2000
Kevin Wilson, Director of Community Services and Water,
addressed the City Council and made a brief slide presentation
highlighting his Staff Report.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 2, 1999 advising that BrandLab, Inc. has requested
a variance from the Comprehensive Zoning Ordinance Section
26.4.2-8(c), Development Standards, for the property located at
4355 Fruitland Avenue in the City of Vernon. The variance is to
allow the use of eight (8) non -conforming truck loading spaces.
All the loading spaces, however, will be restricted to trucks
that do not extend into the public right-of-way.
Submitted herewith are the following documents:
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.
The City Attorney addressed the City Council and
presented his communication dated December 30, 1999 addressing
his response to the communications from BrandLab, Inc.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 29, 1999, was presented, advising that since this
variance request from BrandLab, Inc. was originally submitted
(December 7, 1999), staff has further reviewed their application.
Two letters were subsequently submitted by BrandLab, Inc., dated
December 15th and 27th, 1999, providing further information, and
based upon staff's review, the conditions of approval for a
variance have been changed.
Submitted herewith are the following documents:
1. Revised Staff report - 12/29/99.
2. Letter from Applicant dated December 15, 1999.
3. Letter from Applicant dated December 27, 1999.
it is hereby recomanended that the above -enumerated items be
received and filed as evidence, and that the below listed items
submitted during the December 7, 1999 Public Hearing also be
received and filed as evidence.
1. Application for variance
2. Notice of Public hearing, copies of notification letters
to owners and tenants in the area, and affidavits of
posting and mailing.
it is further recommended that the variance be granted with the
following conditions:
a) The applicant shall maintain a minimum of eight (8)
recessed conforming truck loading spaces on the
property.
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City Council Minutes
January 4, 2000
b) The usage of all non -conforming truck loading spaces
shall be limited so that any trucks parked at or using
the loading space does not extend into the existing
street right-of-way as shown on the Master Plan of
Streets, dated June 16, 1992.
c) The variance is only applicable to the existing truck
loading doors facing Everett Avenue on the property's
west side.
d) Existing truck loading in this area will be used only
for vehicles less than 25 feet long. No vehicle
greater than 25 feet in length will be allowed in this
loading area.
e) The only type of vehicles to be allowed in the area
are panel trucks, step vans, bobtail trucks and
passenger vehicles.
f) A sign shall be posted in front of the loading doors
on Everett Avenue which states the length limitation of
trucks that load in these loading areas.
g) All existing and future tenants shall be notified of
this restriction and a condition stating this shall be
placed in all future leases.
h) This variance shall automatically expire at the time of
ail
any expansion or structural alteration of the building,
or on August 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 about the Temporary Occupancy Permit.
Mr. Wilson advised that, as of the last Council
meeting, the Temporary Occupancy Permit was not issued, but it
was issued shortly thereafter with the stipulation that the City
Council granted their Variance; and if not, they would have to
seal the docks.
It was moved by Ybarra, seconded by Gonzales, to close
the Public Hearing for a Variance for BrandLab, Inc., the time
being 5:14 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated December 29, 1999 and all
supporting documents, 1) Revised Staff Report - 12/29/99, 2)
Letter from Applicant dated December 15, 1999, 3) Letter from
Applicant dated December 27, 1999, 4) Application for Variance,
and 5) Notice of Public Hearing, copies of notification letters
to owners and tenants in the area, and affidavits of posting and
mailing, submitted as evidence during the Public Hearing, be
received and filed and his recommendation approved. Motion
carried.
Page 3 of 11
City Council Minutes
January 4, 2000
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Attorney dated December 30, 1999 be
received and filed. Motion carried.
RESOLUTION NO. 7457 - A Resolution Of The City Council
Of The City Of Vernon Granting A Variance To Brandlab, Inc. From
Section 26.4.2-8(C), Development Standards, Of The Comprehensive
Zoning Ordinance, For The Property Located At 4355 Fruitland
Avenue In The City Of Vernon, was presented. (Continued from the
City Council Meeting held December 21, 1999)
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7457 be approved and adopted. Motion carried.
The City Clerk announced that now was the time to open
the PUBLIC DARING to consider granting a conditional use permit
to allow United Cargo Logistics, Inc., to continue operating an
existing trucking and freight terminal.
It was moved by Davis, seconded by McCormick, to open
the Public Hearing pertaining to the request from United Cargo
Logistics, Inc., for a Conditional Use Permit, the time being
5:15 p.m. Motion carried.
Kevin Wilson, Director of Community Services & Water,
addressed the City Council and gave a brief slide presentation
summarizing his staff report.
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated December 28, 1999, was
presented, advising that United Cargo Logistics, Inc. has applied
for a conditional use permit to continue operating an existing
freight terminal at 2065 Ross Street.
Submitted herewith are the following documents:
1. Staff Report dated December 20, 1999.
2. Request for conditional use permit and information
supporting the application.
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 there is an existing facility
at the site with no expansion of use as defined in Section 15301.
A Notice of Exemption will be prepared.
It is the opinion of the Director of Community Services and Water
that the proposed operation is consistent with the General Plan
as adopted by the City of Vernon, will pose no adverse effects to
the City of Vernon, will have no significant effects on the
environment, and no mitigation measures are required.
It is hereby recommended that the City Council find that the
proposed use is categorically exempt from the California
Environmental Quality Act process and is consistent with the
General Plan. Further, it is also recon vended that a Notice of
Exemption be filed with the County Clerk and the conditional use
permit be granted with the following conditions:
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City Council Minutes
January 4, 2000
a) The facility shall be operated in accordance with, and made
to conform with, all current codes, rules, regulations, and
be 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 2065 Ross
street in 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 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.
d) The facility shall be operated in a manner that will prevent
unsanitary conditions, odors and other nuisances. The
property shall be provided with adequate refuse containers
and refuse disposal services.
e) The facility's buildings shall be structurally maintained to
exclude rodents and the property shall be maintained rodent
free.
f) Servicing of vehicles including washing, steam cleaning, and
repairing shall be performed in facilities in compliance
with appropriate codes.
g) No equipment or freight shall be stored on the site other
than in buildings, trailers, or on the docks.
h) A National Pollutant Discharge Elimination System Permit
shall be obtained from the California State Board of Water
Resources, if required.
i) Adequate plans and materials must be available for handling
leaks or spills from vehicles during storage or
transportation.
j) A hazardous materials permit shall be obtained from the City
of Vernon Environmental Health Department if hazardous
materials/waste are used, handled, or stored. Hazardous
materials/waste shall be handled and managed in compliance
with all appropriate federal, state and local laws.
k) The facility shall be operated in a manner that will not
impede traffic on Ross Street.
1) All existing cracked sidewalk, curb and gutter adjacent to
the site in Ross Street shall be repaired and maintained to
meet City Standards.
m) The site shall not generate more than 20 truck trips (10
inbound and 10 outbound) per day.
The Mayor asked about the affect of the work of the
Alameda Corridor Transportation Authority when it gets to the
area.
Page 5 of 11
City Council Minutes January 4, 2000
Mr. Wilson stated that this will indeed affect the
truck traffic when they begin work on Alameda.
The Mayor asked if the City Councilor anyone from the
audience had any questions or comments.
There were no questions or comments from the City
Council or anyone from the audience.
It was moved by Ybarra, seconded by Davis, to close the
Public Hearing pertaining to the request from United Cargo
Logistics, Inc. for a Conditional Use Permit, the time being 5:21
p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
communication from the Director of Community Services & Water
dated December 28, 1999 and all supporting documents submitted as
evidence during the Public Hearing, be received and filed.
Motion carried.
It was moved by Gonzales, seconded by Davis, that the
City Council finds that the proposed use is categorically exempt
from the California Environmental Quality Act process; is
consistent with the General Plan; that a Notice of Exemption be
filed with the County Clerk and the Conditional Use Permit be
granted contingent upon adherence to conditions "a-m". Motion
carried.
RESOLUTION NO. 7469 - A Resolution Of The City Council
Of The City Of Vernon Granting A Conditional Use Permit To United
Cargo Logistics, Inc. For The Operation Of A Trucking And Freight
Terminal At 2065 Ross Street, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7469 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 28, 1999, was presented, advising that the
Southern California Association of Governments (SLAG) has
submitted their 1999 Draft Regional Housing Needs Assessment for
our review. The report indicates that by the year 2005 the City
of Vernon shall be required to add an additional three (3)
housing units to conform with this plan. In 1996 staff performed
a housing study which concluded that due to our industrial
nature, appropriate sites for housing were unavailable. In 1998
we were advised by a SCAG representative that they agreed with
our opinion, and that Vernon should be assigned a zero growth
rate for housing needs. In order to contest the decision, a
formal appeal must be prepared and signed by the City
Administrator before February of 2000. The attached letter
formally requests an appeal based on the physical constraints of
the City, and that no additional housing units be required within
Vernon. It is hereby recommended that the attached formal appeal
letter be approved, and authorization be given to the City
Administrator to sign said document.
The Mayor asked about the housing units the City of
Vernon has in Huntington Park.
Mr. Wilson responded that those units do not affect
this particular issue because it has to be in the City of Vernon,
not something outside of the City.
Page 6 of 11
City Council Minutes
January 4, 2000
It was moved by Gonzales, seconded by Ybarra, that the
communication from the City Clerk dated, December 28, 1999, be
received and filed and the recommendation approved. Motion
carried.
RESOLUTION NO. 7470 - A Resolution Of The City Council
Of The City Of Vernon Authorizing The Initiation Of A Formal
Appeal To The Southern California Association Of Governments
("SCAG") To Reconsider The Findings Of The 1999 Draft Regional
Housing Needs Assessment, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7470 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 29, 1999, was presented, advising that Kal Kan
Foods, Inc. presently leases three (3) sections of property from
the City of Vernon at 4355 Downey Road located on the west side
of Downey Road between Vernon Avenue and 44th Street. The three
separate ground leases are as follows:
a) Area 1 - Consisting of 4,280 square feet for the purposes
of landscaping and as an ingress/egress;
b) Area 2 - Consisting of approximately 22,167 square feet
to be used as a parking lot; and
c) Area 3 - Consisting of approximately 9,278 square feet
for the placement of a boiler and ancillary equipment.
The City Attorney's office has prepared a single Ground Lease
Agreement which will terminate and replace the existing three
individual agreements and allow for uniform scheduled payments
and term of lease. In accordance with the proposed agreement,
Kal Kan has submitted the first and last months lease payment.
It is hereby recommended that the Ground Lease Agreement be
approved, and the Mayor and City Clerk be authorized to sign said
Agreement.
It was moved by McCormick, seconded by Gonzales, that
the communication from the City Clerk dated, December 29, 1999,
be received and filed, and the recommendation approved. Motion
carried.
RESOLUTION NO. 7471 - A Resolution Of The City Council
Of The City Of Vernon Repealing The Ground Leases Executed On Or
About October 3, 1969, June 5, 1979 And June 5, 1990 And
Approving And Authorizing The Execution Of A Ground Lease By And
Between The City Of Vernon And Kal Kan Foods, Inc, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7471 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 29, 1999, was presented, transmitting for review
and acceptance an Independent Auditor's Report for the Vernon
Redevelopment Agency for the Fiscal Year ended June 30, 1999
completed by Macias, Gini & Company LLP, containing the following
information:
• General Purpose Financial Statements;
• Required Supplementary Information; and
• Independent Auditor's Reports.
Page 7 of 11
City Council Minutes
Janury 4, 2000
It was moved by Gonzales, seconded by McCormick, that
the communication from the City Clerk dated, December 29, 1999,
be received and filed. Motion carried.
Communication from Bruce Olson, Police Chief, dated
December 8, 1999, was presented, requesting authority and funds
for the personnel listed below to attend the Patrol Officer Legal
Update at Los Angeles on January 10th thru 13th, 2000, with an
expense allowance of $326.24 each, of which POST will reimburse
$318.24 each.
• Phillip Swinford, Police Officer
• Daniel O'Neil, Police Officer
• Jason Bogosian, Police Officer
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for the above listed Police
Officers to attend the aforementioned Legal Update with an
expense allowance of $326.24 each. Motion carried.
Communication from Bruce Olson, Police Chief, dated
December 9, 1999, was presented, requesting authority and funds
for Steve Towles, Police Lieutenant, to attend the Officer -
Involved Shootings: Supervisor/Management Responsibilities at
Costa Mesa on February 17th and 18th, 2000, with an expense
allowance of $245.40, of which POST will reimburse $241.40..
It was moved by Ybarra, seconded by Gonzales, that
authority and funds be granted for Lieutenant Steve Towles to
attend the Officer -Involved Shootings: Supervisor/Management
Responsibilities with an expense allowance of $245.40. Motion
carried.
Communication from Kenneth DeDario, Director of
Utilities, dated December 22, 1999, was presented, requesting
authority and funds for Martin Sanchez, Systems Coordinator II,
to attend the WSCC Dispatcher Training-WSCC Subtransmission
Course at Reno, Nevada on January 18th thru 215t, 2000, with an
expense allowance of $856.84.
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for Martin Sanchez to attend the
aforementioned course with an expense allowance of $856.84.
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 27, 1999, was presented,
requesting authority and funds for the Council members listed
below to attend the ICA 12th Annual Winter Seminar at Santa
Barbara, on February 18th thru 20th, 2000, with expense allowances
of $955.00 each.
• William Davis, Councilman
• William McCormick, Councilman
It was moved by Ybarra, seconded by Davis, that
authority and funds be granted for the above listed Council
members to attend the aforementioned seminar with an expense
allowance of $955.00 each. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated December 29, 1999, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held January
3, 2000, for approval of the recommendations contained therein.
Page 8 of 11
City Council Minutes
January 4, 2000
It was moved by McCormick, seconded by Davis, that the
recommendations listed on the January 3, 2000 Agenda for the
Personnel Committee meeting be approved. Motion carried.
WARRANT REGISTER NO. 1032 covering claims and demands
presented during the period of December 17th thru December 29th,
1999, drawn on Wells Fargo Bank totaling $309,455.44, and
includes Check Nos. 75547 thru 75713(inclusive), excluding
Utility demands and voided checks as listed below (accounting
period January, 2000), was examined and audited.
75561 75578 75580 75583 75602
75603 75604 75605 75606 75633
It was moved by Davis, seconded by Ybarra, that Warrant
Register No. 1032 be approved and payment authorized for claims
and demands totaling $309,455.44, excluding Utility demands and
voided checks as listed above. Motion carried.
WARRANT REGISTER NO. 1032 covering claims and demands
presented during the period of December 17th thru December 29th,
1999, drawn on Wells Fargo Bank totaling $2,038,450.21, which
includes Utility demands and Check Nos. as listed below:
(accounting period January, 2000), was examined and audited.
75555
75560
75568
75569
75570
75572
75574
75590
75591
75592
75593
75594
75601
75619
75620
75630
75631
75634
75666
75668
75679
75686
75703
75708
75710
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 1032 be approved and payment authorized for
Utility claims and demands totaling $2,038,450.21. 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.
The Mayor called a recess at 5:49 p.m.
The Council reconvened in Regular Session at 5:53 p.m.,
all members present before the recess again being present.
The City Clerk advised 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
It was moved by McCormick, seconded by Davis, that the
City Council go into Closed Session, Item Nos. 2 & 3, the time
being 5:53 p.m. Motion carried.
All persons were excluded from Closed Session except
the City Clerk, City Attorney, and Chief Deputy City Clerk.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
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City Council Minutes
January 4, 2000
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 -ANTICIPATED LITIGATION
(a) The City of Vernon v. The Atchison, Topeka and
Santa Fe Railway, CPUC Case No. 96-01-019;
(b) FERC Docket Nos. OA96-76, OA97-602, OA97-604, ER96-
222, (open access);
(c) FERC Docket Nos. ER97-2355, EC 96-19-000, ER96-1633
and EL96-48 (Restructuring);
(d) CPUC Application No. 96-10-038 (SDG&E/SoCalGas
Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC
ENTERPRISES); FERC Docket No. EC97-12-000;
(e) Vernon Sem v. City of Vernon, WC No. POM 0187239,
VNO Unassigned;
(f) FERC Docket No. ER98-3594 (ISO);
(g) CPUC Application No. 98-07-005;
(h) FERC Docket No. ER98-3760 (ISO);
(i) David Venegas, et al. v. City of Vernon, LASC No.
BC 207136;
(j) Utility Boring v. City of Vernon, et al., Norwalk
Superior Court No. VC 029477;
(k) Piping Services, Inc. v. City of Vernon, et al.,
Norwalk Superior Court No. VC 029803;
(1) Vernon v. All Persons; LASC No. BC 222145;
(m) Cal Compact Landfill Site, Carson, California,
3. With respect to every item of business to be
discussed in closed session pursuant to Government Code §
54956.95.
LIABILITY CLAIM
Claimant: Mark Suarez
Agency Claimed Against: City of Vernon
It was moved by McCormick, seconded by Davis, that the
Council go out of Closed Session pertaining to Item Nos. 2 and 3
and resume Regular Session, the time being 5:55 p.m. Motion
carried.
It was moved by Ybarra, seconded by Gonzales, that the
claim from Mark Suarez be rejected. Motion carried.
Page 10 of 11
City Council Minutes
January 4, 2000
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Davis, that the meeting adjourn. Motion carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
e �is. Ma urg
Mayor
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