19841121 Regular City Council Meeting - Minutes
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL, HELD NOVEMBER 21,
1984 AT 4:45 P.M., IN THE COUNCIL CHAMBER
OF THE CITY HALL, LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
I
It was moved by Davis, seconded by Ybarra, that the min-
utes of the adjourned regular City Council Meeting held
November 6, 1984, be deferred until the December 4, 1984 City
Council Meeting. Motion carried.
It was moved by Davis, seconded by Ybarra, that the min-
utes of the adjourned regular City Council Meeting held
November 13, 1984, be deferred until the December 4, 1984
City Council Meeting. Motion carried.
At 5:00 p.m., it was moved by McCormick, seconded by Ybarra,
that the Public Hearing for the purpose of considering evidence
to approve a Negative Declaration was open.
Mayor Malburg asked if there were any comments, questions
or testimony from the audience.
Mr. Del Brooks, Project Manager for Container Corporation,
advised that he was here to answer any questions pertaining to
the public hearing.
Mr. Benson, of Genstar, a division of Flintkote Corpora-
tion, addressed the City Council in behalf of Container Corp-
oration on the cogeneration project.
Mayor Malburg asked the City Attorney if he had any com-
ments.
The City Attorney advised that the Director of Community
Services had submitted as evidence, Notice of Public Hearing,
Declaration of Posting, Notice of Intent to approve a Negative
Declaration in accordance with the California Environmental
Quality Act, Declaration of Posting and a California Environ-
mental Quality Act Negative Declaration.
The City Attorney recommended that the evidence submitted
for the Public Hearing by the Director of Community Services
be received and filed and accepted as evidence.
I
It was moved by Gonzales, seconded by Davis, that the public
hearing be closed.
It was moved by Gonzales, seconded by Ybarra, ~hat the No-
tice of Public Hearing, Declaration of posting~ Notice of
Intent to approve a Negative Declaration in accordance with the
California Environmental Quality Act, submitted by the Director
of Community Services be received and filed and accepted as ev-
idence. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the
Negative Declaration be approved and a Notice of Determination
be sent to the County of Los Angeles. Motion carried.
At this time, it was moved by Ybarra, seconded by Gonzales,
to open the Public Hearing to Consider an Application for a
Conditional Use Permit to Construct and Operate a Cogeneration
Facility at 2001 E. 57th Street in the City of Vernon. Motion
carried.
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The City Attorney advised that Victor Vaits, Director of
Community Services had submitted as evidence, Notice of Public
Hearing to consider an application for a conditional use permit
to construct and operate a cogeneration facility at 2001 East
57th Street, Declaration of Posting, a report advising that
the proposed cogeneration facility is expected to pose no adverse
effects on the City of Vernon and recommending that a conditional
use permit be issued if Proposal "A" was agreed upon.
The Mayor asked if there were any comments, questions or
testimony from the audience.
Mr. Dan Bartley, Regional Attorney for Container Corpora-
tion, introduced Mr. Edison Arnold, a Union Representative.
I
Mr. Arnold advised that they are in support of cogeneration
and stated that he had a list of all employees who work for
Container Corporation supporting said cogeneration.
Mr. Solomon McGarrity, representative of Local 208 and
Container Corporation employees stated that 125 employees are
concerned with this matter. It is essential so that they may
continue to be employed by Container Corporation.
At this time, Mr. Bartley requested a copy of the conditions
referred to in Mr. Vaits report, for the conditional use permit.
The City Attorney gave Mr. Bartley a copy of the report.
There was further discussion on the issue of Item No.9,
which reads as follows:
"The generated power shall be transmitted via City of
Vernon Municipal Light and Power Department Lines and
an appropriate transmission agreement should be approved
by the City Council prior to the granting of the
conditional use permit".
At this time, Councilman Gonzales asked Mr. Bartley if you
are accepting Proposal "A", then you do not object to this pro-
posal being used and we may continue.
Mr. Bartley stated that, we are not objecting to Proposal
"A" and do wish to continue.
At this time, The City Administrator/City Clerk advised the
City Council that a wheeling agreement needs to be signed prior
to the issuance of the Conditional Use Permit.
It was moved by Ybarra, seconded by McCormick, that the pub-
lic hearing on the Conditional Use Permit be closed. Motion
carried.
I
It was moved by Ybarra, seconded by Davis, that the Notice
of Public Hearing to consider an application for a conditional
use permit, Declaration of Posting and the report submitted by
Victor Vaits, Director of Community Services be received and
filed and accepted as evidence. Motion carried.
It was moved by Gonzales, seconded by McCormick, that the
recommendation of the Director of Community Services be approved
and that a conditional use permit to construct and operate a co-
. generation faciltiy at 2001 E. 57th Street be granted subject to
the conditons outlined in the report submitted as evidence and
on the basis of a Wheeling Agreement being signed before the
issuance of the conditional use permit. Motion carried.
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Ordinance No. 949 - An Ordinance Of The City Council Of
The City Of Vernon Amending The Code Of The City Of Vernon
California 1959 By Adding New Chapter 6A Regulating Mobil
Check Cashing Services Therefor And Providing For Penalties
For The Violation Of Any provisions Of This Ordinance, was
presented.
It was moved by Gonzales, seconded by Ybarra, that
Ordinance No. 949 be deferred until the December 4, 1984,
City Council Meeting and that Section 3A be amended.
Motion carried.
I
Communication from L. A. Espinoza, Chief of Police,
recommending authority and funds for Lt. Bruce 01son to
attend the P.O.S.T. Middle Management School in Dana Point,
California, January 7-18, 1985, with an expense allowance
of $842.70, was presented.
It was moved by McCormick, seconded by Ybarra, that the
recommendation of the police Chief be approved and authority
be granted to issue a warrant to Bruce Olson, in the amount
of $842.70, to attend the P.O.S.T. Middle Management School
in Dana Point, California, January 7-18, 1985. Motion
carried.
Communication from L. A. Espinoza, Chief of Police,
recommending authority and funds to attend the Managing
Hazardous Materials in Your Community Seminar in Ontario,
California, December 5-6, 1984, with an expense allowance
of $197.75, was presented.
It was moved by Davis, seconded by Gonzales, that the
recommendation of the police Chief be approved and authority
be granted to issue a warrant to L. A. Espinoza, in the
amount of $197.75, to attend the Managing Hazardous Materials
in Your Community Seminar in Ontario, California, December 5-6,
1984. Motion carried.
Communication from Richard Benaron, President of India Ink,
dated October 16, 1984, requesting a variance from the Vernon
City Code, Section 21.16 (deferred from November 6, 1984 meeting),
was presented.
It was moved by Ybarra, seconded by McCormick that the
communication from Richard Benaron, President of India Ink,
dated October 16, 1984, requesting a variance from the Vernon
City Code, Section 21.16 be received and filed. Motion carried.
Police Department Activity Log for the period November 1-15,
1984, was presented.
I
It was moved by McCormick, seconded by Gonzales, that the
Police Department Activity Log for the period November 1-15,
1984, be received and filed. Motion carried.
Health Department Report for the month of October, 1984,
was presented.
It was moved by Davis, seconded by Ybarra, that the Health
Department Report for the month of October, 1984, be received
and filed. Motion carried.
Communication from Larry Monteilh, Executive Officer of
the Board of Supervisors of the County of Los Angeles, dated
November 2, 1984, transmitting the Minute Order from their
October 30, meeting with regard to the suppression of Gang
Violence and inviting our co-sponsorship and support of same,
was presented.
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It was moved by Gonzales, seconded by Davis, that the
communication from Larry Monteilh, Executive Officer of the
Board of Supervisors of the County of Los Angeles, dated
November 2, 1984, transmitting the Minute Order from their
October 30, meeting with regard to the suppression of Gang
Violence and inviting our co-sponsorship and support of same
be received and filed.
Warrant Register No. 657, covering claims and demands pre-
sented during the period of November 1-15, 1984, which includes
Demand Nos. 2805-2974 (both inclusive), excluding void Demand
Nos. 2820-2823, 2900-2905 and Light and Power Demands, drawn
on the First Interstate Bank, totaling $304,571.20, (accounting
period November 1984) was examined and audited.
I
It was moved by Ybarra, seconded by McCormick, that Warrant
Register No. 657 be approved and payment authorized for Demand
Nos. 2805-2974 (both inclusive), excluding void Demand Nos.
2820-2823, 2900-2905 and Light and Power Demands, in the amount
of $304,571.20, with no other exceptions. Motion carried.
Warrant Register No. 657, covering claims and demands pre-
sented during the period of November 1-15, 1984, which includes
LIght & Power Demand Nos. 2805, 2812, 2817, 2818, 2829, 2830,
2839, 2851, 2858, 2864-2866, 2973, 2881, 2889, 2896, 2906,
2920, 2924, 2928, 2931, 2948, 2949, 2951, 2952, 2953, 2959 and
2963, totaling $6,687,939.51 (accounting period November, 1984),
was examined and audited.
It was moved by McCormick, seconded by Gonzales, that War-
rant Register No. 657, be approved and payment authorized for
Light & Power Demand Nos. 2805, 2812, 2817, 2818, 2829, 2830,
2839, 2851, 2858, 2864-2866, 2873, 2881, 2889, 2896, 2906, 29201
2924, 2928, 2931, 2948, 2949, 2951, 29521 2953, 2959 and 2963,
in the amount of $6,687,939.51, with no exceptions. Council-
man Davis is abstaining from voting on the above motion and is
disqualifying himself because it is reasonably foreseeable that
the decision will have a material financial effect on his source
of income. Motion carried.
Resolution No. 5154 - A Resolution Of The City Council Of
The City Of Vernon Approving The Terms And Conditions Of The
Project Planning Agreement Between The Los Angeles Department
Of Water & Power And The City Of Los Angeles And The Cities Of
Anaheim, Azusa, Banning, Burbank, Colton, Glendale, Pasadena,
Riverside And Vernon, The M-S-R Public Power Authority And The
Western Area Power Administration And Authorizes The Execution
And Deliverance Of Said Agreement By The Officers Of The City
Of Vernon, was presented.
I
It was moved by Ybarra, seconded by Davis, that Resolution
No. 5154 be deferred until the first meeting in January, 1985.
Motion carried.
Communication from Fire Chief George Bass, dated November
6, 1984, recommending authority and funds for Battalion Chief
Larry Spadt and Deputy Fire Chief Lloyd Schultz to attend a
workshop on "Managing with Micro Computers" in Long Beach on
December 18, 1984, with an expense allowance of $150.00 each,
was. presented.
It was moved by Davis, seconded by McCormick, that the
recommendation of the Fire Chief be approved and authority be
granted to issue warrants to Larry Spadt and Lloyd Schultz, in
the amount of $150.00 each, to attend a workshop on "Managing
with Micro Computers" in Long Beach, December 18, 1984. Motion
carried.
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Communication from Bruce V. Malkenhorst, City Administra-
tor/City Clerk, dated November 5, 1984, advising that DCI
Construction Inc., (representatives of Mobil Oil Corporation
of 2619 East 37th street) has requested a variance from the
Uniform Fire Code, 1979 Edition, Section 79.201, "Restricted
locations of Aboveground Flammable Liquid Storage Tanks:.
Section 7.63 of the Vernon City Code establishes the limits
of districts in which storage of flammable or combustible
liquids in outside aboveground tanks are to be prohibited
as, "within the city limits of the City of Vernon".
I
Mobil Oil Corporation proposes to construct a 20,000
gallon aboveground tank to contain a flammable liquid.
This tank will be located within the present diked area
where other flammable liquids are already stored.
The request of Mobil Oil Corporation has been reviewed
by the Fire Department, the Health Officer, and the Director
of Community Services and it is hereby recommended that the
variance be granted contingent upon the following conditions:
I. A building permit be obtained to install the
tank and its foundations.
2. A fire department permit be obtained to install
the underground piping associated with the new
tank.
3. A monitoring system, approved by the Vernon Health
Section, capable of detecting a leak in the under-
ground piping be provided~ or secondary containment
be provided for the entire run of underground piping
from the proposed tank to the ultimate point of dis-
charge.
(This matter was deferred from the November'6, 1984, City Council
Meeting for further review.), was presented.
It was moved by McCormick, seconded by Ybarra, that the re-
commendation of the City Administrator/City Clerk be approved and
that a variance from the Uniform Fire Code, 1979 Edition, Section
79.201, "Restricted Locations of Aboveground Flammable Liquid
Storage Tanks" be granted to DCI Construction Inc., (represen-
tatives of Mobil Oil Corporation of 2619 East 37th street,
contingent upon the above conditions. Motion carried.
Communication from Bruce V. Malkenhorst, City Administra-
tor/City Clerk, dated November 20, 1984, recommending authority
and funds for himself and Councilmen McCormick, Gonzales, Davis
and Ybarra, to attend the California Contract Cities Annual
Legislative Conference in Sacramento, California, January 15-17,
1985, with an expense al10wance of $628.50 each, was presented.
I
It was moved by Gonzales, seconded by Davis, that the rec-
ommendation of the City Administrator/City Clerk be approved and
authority be granted to Bruce V. Malkenhorst, Wil1iam M. McCormick
Hilario Gonzales, William Davis, and Thomas A. Ybarra, to attend
the California Contract Cities Annual Legislative Conference in
Sacramento, California, January 15-17, 1985, with an expense
allowance of $628.50 each. Motion carried.
Communication from Bruce V. Malkenhorst, Director of Person-
nel, dated November 21, 1984, transmitting the minutes of an
adjourned Personnel Committee Meeting held November 20, 1984,
for approval of recommendations contained therein, was presented.
It was moved by Gonzales, seconded by McCormick, that the
minutes of an adjourned Personnel Committee Meeting held Novem-
ber 20, 1984, be approved as written and recommendations con-
tained therein be adopted. Motion carried.
.
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Communication from Bruce V. Malkenhorst, Director of
Finance, dated November 21, 1984, transmitting the minutes
of the adjourned regular Finance Committee Meeting held
November 20, 1984, for approval of recommendations contained
therein, was presented.
It was moved by Ybarra, seconded by Davis, that the
minutes of the adjourned regular Finance Committee Meeting
held November 20, 1984, be approved as written and recommen-
dations contained therein be adopted. Motion carried.
I
The City Administrator/City Clerk advised the City Council
that a proposed Wheeling Agreement prepared by Container Corp-
oration of America ("CCA"), between the City of Vernon and CCA
was submitted to his office by CCA at 4:45 p.m. this afternoon.
The Mayor asked if there was anyone in the audience who
wished to address this matter.
Mr. DeI Brooks stated that the Wheeling Agreement was sub-
mitted at the last minute due to changes request by your City
Attorney. We are requesting affirmative action on this Agree-
ment be taken here at tonights meeting. The revenue to the City
is $620,000 per year. We must have some action on this tonight
because of our contract with Parsons. We ask that you consider
this tonight, even if you have to take a recess to review it.
The City Attorney asked Mr. Brooks if he had indicated last
night that a Negative Declaration would be filed with the City
Clerk on Monday and that he would not sign an agreement until
the Negative Declaration was filed on Monday.
Mr. DeI Brooks indicated that this can be done if CCA re-
ceives an extension from Parsons. However, he further stated
that the Negative Declaration will be filed on Monday and the
Wheeling Agreement needs to be approved tonight.
The City Administrator indicated to the City Council that
there are sixteen (16) items that the City's staff feels are
objectionable; however, Mr. Dunsmore stated in a conversation
that had occurred earlier today that the sixteen (16) items
would stay as they were and could not be changed and/or he would
not change them. He asked Mr. Brooks if this was their position.
Mr. Del Brooks indicated that he (Mr. Dunsmore) means they
must stay as in the CCA September 17th draft.
I
The City Attorney indicated that they (CCA) were late
yesterday afternoon for the negotiation session by three (3)
hours, that he cannot review these technical issues tonight and
provide a recommendation on the Agreement because Mr. Brodie,
the City's technical consultant, is not available tonight. For
example, one of the items is that CCA wants to own all of the
protection facilities that are needed. That is not good utility
practice. These sixteen (16) items do not conform to good utility
practice.
He further indicated that the City supports cogeneration;
however, with the problems represented by these sixteen (16)
items, he did not feel that he could recommend approval of this
Agreement at this time.
These items also concern the City Council discretion. The
City has 2,000 customers and he couldn't recommend that the City
give CCA an advantage over the other customers.
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ll/21/84
Mr. Del Brooks indicated that CCA did not add anything
that would preclude the City from ownership of protection equip-
ment. He stated that CCA did expect to own oil circuit breakers
as protection and that CCA would pay for them just as they would
pay for all others that are required. In addition, he stated
that CCA would have in addition to that a fuse connect and that
metering is another thing. He indicated that CCA would have to
enter into an Electric Sales Contract with SCE and that they
could not do this if Vernon owned the meters. He further in-
dicated that CCA wil1 make space for Vernon meters but that
they objected to Vernon wanting to own the meters of CCA.
I
Mr. Bartley indicated that CCA started negotiating this
agreement a year and a half ago and that they were willing to
compromise but feel that CCA should be met halfway as it is a
monetary advantage to the City of Vernon.
The Mayor asked if there were any other comments.
The City Attorney indicated that if they are willing to
consider a compromise, then the meeting should adjourn to
Monday so that it could be reviewed over the weekend as we have
accepted a substantial portion of their Agreement.
The City Attorney further indicated that with the number of
customers connected to the City system, it is not practical or
feasible for CCA to own and monitor the protection devices for
the Vernon System.
The City Administrator stated that he concurred with the
City Attorney and further indicated that Mr. Dunsmore stated
that these sixteen (16) items must be stated as they are and
since Mr. Brooks said they can compromise to some degree, then
we can go forward.
The Mayor then addressed CCA and asked if they were willing
to wait until possibly Monday and that the meeting could be ad-
journed if there was someone to calI who could approve the delay
or if one of the gentlemen present were allowed to make that
type of decision.
Mr. Del Brooks stated that he knew what he could agree to
and could not agree to and that he was willing to agree to meet
with the City Attorney and other City representatives on Sunday,
November 25, 1984, and possibly get started on the Agreement on
Monday morning.
Mr. Benson of Genstar again asked to speak before the
Council regarding his support of cogeneration.
I
At 7:20 p.m., it was moved by McCormick, seconded by Ybarra,
that the City Council go into executive session under Attorney/
Client privilege. Motion carried.
All persons with the exception of the City Administrator/
City Clerk and the City Attorney were excluded from the exec-
utive session.
Mayor Malburg declared all communications to and from the
executive session deemed private and confidential.
At 8:00 p.m., it was moved by McCormick, seconded by Ybarra,
that the City Council go out of executive session and resume
regular session. Motion carried.
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11/21/84
Communication from Bruce V. Malkenhorst, City Administra-
tor/City Clerk, dated November 20, 1984, advising that a timely
claim had been received from Jones & Wilson, on behalf of Henry
Carl Hulbert for indemnity resulting from a traffic accident,
and recommending that said claim be denied, was presented.
It was moved by McCormick, seconded by Davis, that the
claim received from Jones & Wilson, on behalf of Henry Carl
Hulbert be denied. Motion carried.
There being no further business to corne before the City
Council, it was moved by McCormick, seconded by Ybarra, that
the meeting be adjourned to November 26, 1984, at 4:45 p.m.
Motion carried.
I
~~~
. 'LEONIS C. MALB RG, Mayor
'-
ATTEST:
L!~4~
".
BRUCE V. MALKENHORST, City Administrator/
City Clerk
I
10~7
I
I
ORDER OF ADJOURNMENT
OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON
ADJOURNED
I HEREBY CERTIFY THAT AN REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF VERNON HELD NOVEMBER 21,
1984 AT 4 : 45 P. M. , IN THE COUNC IL CHA..lI.fBERS
OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE
VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE
CITY COUNCIL (Quorum Present) UNTIL NOVEMBER 26,1984,
AT 4: 45 P. M. ,
IN THE COUNCIL CHA}fBERS OF THE
CITY HALL
../~~
Bruce V. Ma1kenhorst
City Clerk
.
AFFIDAVIXOFPOSTING
State of California )
County of Los Angeles) 88
City of Vernon )
I) BRUCE V. MALKENHORST t City Clerk of the City of
Vernon, do hereby ce~~ify that I did, on the 26th day of
November. 1984
, at 10:15
a.m.) post Order of Adjourn-
ment of Meeting of the City Council of the City of Vernon, a
copy of which is attached hereto, at a conspicuous place on or
near the door of the place at which said meeting of November
21. 1984
, was held.,
Subscribed and sworn to before me
this 26th day of November , 19 ~.
or the County of
California
OFFICIAL SEAL
, "\ <" m LOIS J HILTON
~r.~~\t'~..~. ";.....fc.~. ;....):7" I;,; NO. T. /l.RY PU 8 L./C. - C'.A.. L..'FORNJA
,"'2;0;~JV/ LOS Mia'" ,.~ C~"I"~
'''''O''..t::./' My . '-~~.... .U;.).~ i f
=v-=-.-,.-_.,.',. comm. CXplr3S APf/ G IClS6
~~~~ ' -
4305 Santa Fe Avenue, Vcm;--' ~
I
I
. .... -
NOTICE OF ADJOURNMENT
OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON
I HEREBY CERTIFY THAT A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF VERNON TO BE HELD NOVEMBER 20, 1984
AT
2:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY
ORDER OF THE CITY CLERK (Quorum Not Present) UNTIL 4:45 P.M.,
NOVEMBER 21, 1984, IN THE COUNCIL CHAMBERS OF THE CITY HALL.
&~/~
Bruce V. Ma1kenhorst
City Clerk
AFFIDAVIT OF POSTING
......-,....--
State of California )
County of Los Angeles )
City of Vernon )
I, BRUCE V. MALKENHORST, City Clerk of the City
of Vernon, do hereby certify that I did, on the 20th
day of November , 19 84, pqst Notice of Adhoumrnent
of Meeting of the City Council, ofHthe City of Vernon,
a copy of which is attached hereto, at a conspicuous place
on or near the door of the place at which said meeting of
November 20, 1984 , was held.
4~~~
BRUCE V. MALKENHORST, City Clerk
Subscribed and sworn to before me
this 20th day of November
, 1984
~ .
~ ../~
Notary P lie ~nd for.the County
Los Angeles, State of California
of
OFFICIAL SEAL
iii LOIS J HILTON
? OTARY PUBliC - CALIFORNIA I
,c' . LOS ANGEL~S COUNTY I
--..~ircs APR 6, 1.98~!
430r ----v~ I
;j Santa Fe Avenue, Vemcn, CA :;0053 ~.'~