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19860805 Regular City Council Meeting - Minutes I I NOTICE OF ADJOURNMENT OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON I HEREBY CERTIFY THAT AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON TO BE HELD August 5, 1986 AT 2:00 P.M. IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVE- NUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY CLERK (Quorum Not Present)., TO 5:00 P.M. on August 5, 1986. ) . / 11 / :L//' /~; " '/,,'" ,/" f ,~>//--<'L If:{;f~" #'0'19 Bruce v. Malkenhorst .,. City Clerk " MINUTES OF AN ADJOURNED REGULAR CITY COUNCIL MEETING HELD AUGUST 5, 1986 AT 5:00 P.M. IN THE COUNCIL CHAMBERS CHAMBERS 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 Gonzales, seconded by Davis, that the Minutes of the Adjourned City Council Meeting held July 29, 1986 be approved. Motion carried. At this time Mayor Malburg presented the following Service Pin to the following employees: Rick Stoykovich Utilityman, Community Services Dept. 5 Years Sylvia Kipness Utility Clerk, Fire Department 5 Years At 5:05 P.M., the Mayor declared a recess. At 5:08 P.M., the council reconvened in regular session all members present before the recess, again being present. Public Hearing to consider an application for a conditional use permit for storing trucks and trailers at 3691 Bandini Boulevard. Communication from Victor Vaits, Director of Community Services, dated July 28, 1986, was presented, regarding the application for a conditional use permit by Security Environ- mental Systems Inc., to operate a trucking related facility at 3691 Bandini Boulevard, submitting the following documents and exhibits: 1. Request for a conditional use permit and information supporting the permit application. 2. Notice of a public hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. 3. Notice of intent to adopt a Negative Declaration and affidavits of posting and mailing 4. Environmental information form. I 5. Engineer's report. The Mayor asked if anyone would like to address the Council in this matter at this time. It was moved by McCormick, seconded by Davis, that the Public Hearing be closed. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the above mentioned exhibits as presented by Victor Vaits regarding the proposed trucking related facility at 3691 Bandini Blvd be received and filed. Motion carried. Mr. Vaits advised that in his opinion the proposed facility will pose no adverse effects to the City of Vernon or any other sur- rounding area. The project is consistent with the City's General Plan and will not have a significant effect on the environment and no mitigating measures are required. Mr. Vaits recommended to the City Council to adopt a Negative Declaration for the Application for a Conditional Use Permit 01340 City Council Minutes Page 2 August 5, 1986 which will operate a trucking related facility located at 3691 Bandini Boulevard, determining that the project will not have a significant effect on the environment. It was moved by McCormick, seconded by Davis, that a Nega- tive Declaration for the proposed trucking related facility located at 3691 Bandini Boulevard be adopted. Motion carried. Mr. Vaits also recommended that the conditional use permit be granted for two years based on the following conditions: I 1. The facility be operated in accordance with appropriate codes, rules, regulations and permit fees as adopted by the City of Vernon. 2. A 12 inch water main be constructed from the existing city main in Bandini Boulevard to the east end of the property with fire hydrants at 300 foot intervals. 3. Frontage improvements per City of Vernon Master Plan of Streets and City Standards as estab- lished by the Director of Community Services, be provided along 26th Street frontage. 4. The street and water main construction be com- pleted prior to the operation or appropriate agreements being made. 5. The truck and trailer storage and parking plan be approved by the Director of Community Services and the Fire Chief prior to occupancy. It was moved by Ybarra, seconded by McCormick, that a Con- ditional Use Permit be granted, allowing for operation of a trucking related facility located at 3691 Bandini Boulevard sub- ject to the above listed five (5) conditions. Motion carried. Public Hearing to consider an application for a conditional use permit for the installation of a heliport at the Northwest corner of Boyle Avenue and Leonis Boulevard. Communication from Victor Vaits, Director of Community Services, dated July 28, 1986, was presented, regarding the application for a Conditional Use Permit by Vertical Aeronautics International, consultants, on behalf of Smart & Final (SFI) to construct and operate a heliport at Smart & Final Iris (SFI) property located at the Northwest corner of Boyle and Leonis Boulevard, submitting the following documents and exhibits: I 1. Request for a conditional use permit and infor- mation supporting the permit application. 2. Notice of Public Hearing and copies of noti- fication letters to owners and tenants in the area and affidavits of posting and mailing. 3. Notice of intent to adopt a negative declaration and affidavits of posting and mailing. 4. Environmental information form. 5. Engineer's report. It was moved by Gonzales, seconded by Davis, that the Public Hearing be closed. Motion carried. It was moved by Ybarra, seconded by McCormick, that the exhibits presented by Victor Vaits regarding the proposed construction and operation of a heliport at the Northwest corner of Boyle & Leonis Blvd. Motion carried. 01341 City Council Minutes Page 3 August 5, 1986 Mr. Vaits advised that in his oplnlon the proposed facility will pose no adverse effects to the City of Vernon or any other sur- rounding area. The project is consistent with the City's General Plan and will not have a significant effect on the environment, and no mitigating measures are required. I Mr. Vaits recommended to the City Council to hereby adopt a Negative Declaration for the Application for a Conditional Use Permit which will provide for the construction and use of a Heliport at Smart & Final Iris (SFI) property located at the Northwest corner of Boyle and Leonis Boulevard, determining that the project will not have a significant effect on the environment. It was moved by Ybarra, seconded by McCormick, that a Negative Declaration for the proposed construction and operation of a heliport at the Northeast corner of Boyle and Leonis Boulevard be adopted. Motion carried. Mr. Vaits also recommended that the conditional use permit be granted based on the following conditions: 1. That the facility be constructed and operated in in accordance with the appropriate codes, rules, regulations and permit fees as adopted by the City of Vernon, the F.A.A., the Airport Land Use Commission and the Division of Aeronautics. 2. That the facility be designated for private company use only. The only exception being government agencies for emergency operations. It was moved by Gonzales, seconded by McCormick, that the conditional use permit be granted based upon the above listed conditions and that a third condition be added wherein the City of Vernon be listed as a Additional Insured Party. Motion carried. Police Department Activity Log for the period July 15 to 31, 1986, was presented. It was moved by Ybarra, seconded by Davis, that the Police Department Activity Log for the period July 15 thru 31, 1986 be received and filed. Motion carried. Fire Department Activity Report for the period July 15 to 31, 1986, was presented. It was moved by McCormick, seconded by Gonzales, that the Fire Department Activity Report for the period July 15 to 31, 1986 be received and filed. Motion carried. I Communication from Luis Espinoza, Chief of Police, dated July 21, 1986, was presented, requesting authority and funds for himself to attend the League of California Cities Workshop (Drug and Alcohol Abuse in the Workplace) to be held on August 27, 1986, from 8:00 a.m. to 12:15 P.m., in Irvine, California, with an allowance of $50.00 for registration. It was moved by Davis, seconded by Ybarra, that authority be granted to issue a warrant to Luis Espinoza in the amount of $50.00 for the registration of the League of California Cities Workshop, to be held on August 27, 1986, from 8:00 a.m. to 12:15 p.m. Motion carried. Communication from Victor Vaits, Director of Community Services, dated June 26, 1986, was presented, requesting authority and funds for himself to attend the I.C.B.O. 64th Education & Code Development Conference to be held on September 14 thru 19, 1986 in Phoenix, Arizona, with an expense allowance of $1061.00. It was moved by Ybarra, seconded by Davis, that authority be granted to issue a warrant to Victor Vaits in the amount of $1061 01342 City Council Minutes Page 4 August 5, 1986 to attend the I.C.B.O. 64th Education & Code Development Conference to be held on September 14 thru 19, 1986 in Phoenix, Arizona. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 30, 1986, was presented, advising of receipt of two Encroachment License Agreements from Bernard Epps & Company, one is to attach five (5) roof drains, 12" in diameter; the other is to maintain a canopy on their building located on Alcoa Avenue. These requests have been reviewed by the Director of Community Services and it is hereby recommended that the Encroachment License Agreements be approved and that the Mayor and City Clerk be authorized to execute same. I It was moved by McCormick, seconded by Davis, that the two Encroachment License Agreements from Bernard Epps & Company, be approved and that the Mayor and City Clerk be authorized to execute same. Motion carried. Communication from Victor Vaits, Director of Community Services, dated July 29, 1986, was presented, advising of receipt of a fully executed Grant Deed from Mount Vernon South Street Incorporated, for portions of property situated at the southeast corner of 49th Street and Everett Avenue, for street purposes, and recommending that the Grant Deed be accepted, the Certificate of Acceptance be approved and the Mayor and City Clerk be autho- rized to execute same. It was moved by Ybarra, seconded by McCormick, that the Grant Deed from Mount Vernon South Street Incorporated, be accepted, and the Certificate of Acceptance be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. Communication from Victor Vaits, Director of Community Services, dated July 30, 1986, was presented, advising that bids received and opened on July 29, 1986 in accordance with Contract No. 476 have been reviewed and recommending that said Contract be awarded to John R. Hundley Inc., 8332 Iowa Street, Downey, on the basis of their bid in the amount of $428,382.00. It was moved by Gonzales, seconded by Ybarra, that the recommendation of the Director of Community Services, dated July 30, 1986, regarding the awarding of Contract No. 476 to John R. Hundley Inc., be approved and that the communication be received and filed. Motion carried. I RESOLUTION NO. 5303 - A Resolution of the City Council of the City of Vernon Accepting the Bid of John R. Hundley, Inc., for City of Vernon Civic Center Additions and Remodeling in Accordance with Contract No. 476 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5303 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 31, 1986, was presented, requesting authority and funds for himself to attend the California Public Employers Labor Relations Association 11th Annual Conference, to be held in Monterey, California on October 22 thru 24, 1986, with an expense allowance of $850.50. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Bruce V. Malkenhorst to attend that California Public Employers Labor Relations Association 11th Annual Conference, to be held in Monterey, California, on October 22 thru 24, 1986, with an expense allowance of $850.50. Motion carried. RESOLUTION NO. 5304 - A Resolution of the City Council of the City of Vernon Declaring Its Intention to Approve 01343 City Council Minutes Page 5 August 5, 1985 Amendment to Its Contract Between the Board of Administration of the Public Employees Retirement System and the City Council of the City of Vernon, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 5304, be approved and adopted. Motion carried. I Communication from Bruce V. Ma1kenhorst, City Clerk, dated July 31, 1986, was presented, advising of receipt of the 1986-87 In-Lieu Replenishment Agreement by and Between Central and West Basin Water Replenishment District and the City of Vernon for continuation of the Interruptible Water Program with Central Basin Municipal Water District and recommending approval of same. It was moved by McCormick, seconded by Davis, that the 1986-87 In-Lieu Replenishment Agreement be approved. Motion carried. RESOLUTION NO. 5305 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an In-Lieu Replenishment Agreement by and Between the City of Vernon and the Central and West Basin Water Replenishment District, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5305 be approved and adopted. Motion carried. WARRANT REGISTER NO. 698 - covering claims and demands presented during the period of July 16 thru 31st, 1986, which includes Demand Nos. 9359 thru 9500 (both inclusive) excluding Void Demand Nos. 9380 through 9382, and excluding Light and Power Demands drawn on the First Interstate Bank totaling $178,388.08. (accounting period August 1986), was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 698 be approved and payment authorized for Demand Nos. 9359 thru 9500 (both inclusive) excluding Void Demand Nos. 9380 through 9382, and excluding Light and Power Demands, in the amount of $178,388.08, with no other exceptions. Motion carried. WARRANT REGISTER NO. 698 - covering claims and demands presented during the period of July 16 thru 31st, 1986, which includes Light and Power Demand Numbers as listed below drawn on the First Interstate Bank totaling $1,191,067.068 (accounting period August 1986): 9359 9374 9421 9447 9480 9362 9394 9422 9449 9483 I 9363 9395 9423 9456 9484 9367 9404 9425 9458 9490 9368 9410 9426 9465 9495 9369 9413 9427 9471 9496 9370 9414 9441 9475 9499 9372 9417 9445 9477 was examined and audited. It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 698, be approved and payment authorized for Light and Power Demand Numbers as listed above in the amount of $1,191,067.068, with no exceptions. Motion carried. Councilman Davis is abstaining from voting on the above motion and is dis- qualifying himself because it is reasonably foreseeable that the decision will have a material financial effect on his income. Communication from Bruce V. Ma1kenhorst, Director of Personnel, dated August 5, 1986, was presented, transmitting the minutes of the Personnel Committee Meeting held August 4, 1986, for your approval of recommendations contained therein. 01344 City Council Minutes Page 6 August 5, 1986 It was moved by Gonzales, seconded by minutes of the Personnel Committee Meeting be approved as written and recommendations adopted. Motion carried. Davis, that the held August 4, 1986, contained therein be Communication from David Brearley, City Attorney, dated July 31, 1986, was presented, regarding the City Council Minutes of July 15, and advising of an error in the last paragraph of page 3, where a government code section is omitted on the motion going into closed session. The city attorney hereby recommends to the Council to approve an amendment to the Minutes as follows: I "The Council reconvened and it was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session pursuant to Government Code Sections 54956.9(a) and 54956.9(c), the time being 7:20 p.m. Motion carried." It was moved by Gonzales, seconded by Ybarra, that the com- munication from the City Attorney, regarding the City Council Minutes of July 15, 1986, be received and filed, and that the amendment be approved to read as stated above. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 5, 1986, was presented, advising of a request from the League of California Cities to designate a voting delegate and an alternate voting delegate who will vote on matters affecting municipal and League policies during the Business Session of the League Annual Conference in October. It was moved by McCormick, seconded by Gonzales, that the Mayor Leonis C. Malburg, and Mayor Pro-tern Thomas A. Ybarra, be designated as the voting and alternate voting delegate for the League of California Cities Annual Conference in October. Motion carried. RESOLUTION NO. 5307 - A Resolution of the City Council of the City of Vernon Approving an Extension and Modification of the Existing Agreement to September I, 1986. It was moved by Gonzales, seconded by McCormick, that Resolution No. 5307 be deferred. Motion carried. It was moved by Ybarra, seconded by McCormick, that the previous agreement by and between the City of Vernon and MICU Paramedic Ambulance Services, be extended to September I, 1986. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 5, 1986, was presented, submitting the associated costs for the bond financing and recommending approval. I 1. Resource Management International (RMI) be paid an additional $30,000 for the preparation of the Consul- tant's Report for financing and assistance to the Financial advisor and bond counsel. This is being done through RMI's compilation of the descriptive date on the City utilities operations. It was moved by Gonzales, seconded by Davis, that Resource Management International (RMI) be paid an additional $30,000. Motion carried. 2. Due to the increase on the bond issue from $50,000 to $125,000,000, that James J. Lowrey's fee be increased from $50,000 to a maximum of $80,000. It was moved by Gonzales, seconded by McCormick, to increase James J. Lowrey's fee to a maximum of $80,000. Motion carried. 3. Costs for printing of bonds be approved for approx- imately $25,000. 01345 City Council Minutes page 7 August 5, 1986 It was moved by Gonzales, seconded by Ybarra, that the costs for printing of bonds be approved for approximately $25,000. Motion carried. I The City Attorney advised that the Western Area Power Administration, Department of Energy has submitted information regarding the Inland Intertie Project and advises that any parties interested in participating in said Project as proposed by Arizona Public Service Company, Idaho Power Company and others, should submit a written letter or statement of Intent to join the Project by August 11, 1986. The city attorney recommended that he felt it was in the City's best interest to submit a letter of intent prior to the deadline. It was moved by McCormick, seconded by Ybarra, that Bruce V. Malkenhorst, as Chief Executive Officer of the Vernon Elec- trical Department submit a letter of Intent to the Western Area Power Administration advising of the City of Vernon's intent to participate in the Inland Intertie Project. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably fore- seeable that the decision will have a material financial effect on his source of income. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council recess to Closed Session under Attorney Client privilege pursuant to Government Code Sections 54956.9(a) and (c) and 54956.9(b)(1) the time being 6:45 P.M. Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session be deemed privileged and confidential. The Mayor declared a short recess, the time being 6:47 pm. The Council reconvened in Closed Session, the time being 7:06 pm, all members and persons present before the recess again being present. Councilman Davis was excused from Closed Session, the time being 7:15 pm. Councilman Davis resumed his seat on the council at 7:36. It was moved by Ybarra, seconded by McCormick, to go out of closed session and resume regular session. Motion carried. I It was moved by Gonzales, seconded by Ybarra, that the claim from the Law Offices of Barry Jon Gruman on behalf of Agripinia Diaz, Andres Diaz (a minor), Edwardo Diaz (a minor), and Wendy Diaz (a minor), which stems from an accident in which the claimant alleges was caused by a traffic signal malfunction at State and Randolph Streets in Huntington Park, be denied. Motion carried. The City Attorney presented proposed Stipulations with Request for Award and Award in regard to the Worker's Compen- sation Appeals Board case of Arthur Miekosz vs. City of Vernon Case Nos. 85 LB 150035 (1) and 85 LB 150010 (2) and recommended to the City Council that said Stipulations be approved with a permanent disability rating of 40%. It was moved by McCormick, seconded by Davis, that recommendation be made to City Council that the proposed Stip- ulations with Request for Award and Award in the case of Arthur Miekosz vs. City of Vernon, Case Nos. 85 LB 150035 (1) and 85 LB 150010 (2) with a permanent disability rating of 40% be approved and the City Attorney be authorized to execute said Stipulations with Request for Award and Award on behalf of the City of Vernon. Motion carried. 01346 City Council Minutes page 8 August 5, 1986 The City Attorney indicated that Bonneville Power Administration had filed with the Federal Energy Regulatory Commission a proposed contract with the Southern California Edison Company for the purchase of power from Bonneville Power Administration in FERC Docket No. EF86-2061. He requested that the City Council ratify and approve the Protest and Motion to Intervene filed in said action by the City of Vernon August 4, 1986 and further indicated that the action was necessary in order to protect the City's interest in a competing offer that the City had made to the Bonneville Power Administration. I It was moved by Ybarra, seconded by Gonzales, that the City Attorney's actions in filing the Protest and Motion to Intervene of the City of Vernon be approved and ratified. Motion carried. Councilman Davis is abstaining from voting on the above motion and is disqualifying himself because it is reasonably fore- seeable that the decision will have a material financial effect on his source of income. It was moved by McCormick, seconded by Davis, that the City Council recess to Closed Session under Government Code Section 54957.6, the time being 7:45 pm. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk and the City Attorney. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by Ybarra, seconded by McCormick, that the City Council go out of Closed Session, the time being 7:53 pm. Motion carried. It was moved by McCormick, seconded by Ybarra, for the city to begin a recruitment process to enable the city to hire fifteen (15) firefighters. Motion carried. It was moved by Ybarra, seconded by Davis, that the Council and the City Administrator attend the National League of Cities Conference in San Antonio, Texas, from November 29 thru December 3, 1986. Motion carried. It was moved by Davis, seconded by Gonzales, that Officer Daniel O'Neil be suspended one day without pay for his being found chargeable for his on duty accident. Motion carried. There being no further business to come before the Council it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. I ATTEST: 4- -,/;'t/k Bruce V. Malkenhorst City Clerk ~. 01.34'7