19870804 Regular City Council Meeting - Minutes
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MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD AUGUST 4, 1987, AT 5:00 P.M.
IN THE CITY COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick, Gonzales
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 July 21, 1987, be
approved and adopted. Motion carried.
Police Department Activity Log for the period July 16,
thru 31, 1987, was presented.
It was moved by McCormick, seconded by Gonzales, that the
Police Department Activity Log for the period of July 16 thru 31,
1987 be received and filed. Motion carried.
Fire Department Activity Report for the period July 16,
thru July 31, 1987, was presented.
It was moved by Ybarra, seconded by Davis, that the Fire
Department Activity Report for the period of July 16 thru 31,
1987 be received and filed.
At this time the Mayor asked if anyone wished to address
the City Council regarding any items listed on todays agenda.
RESOLUTION NO. 5413 - A Resolution of the City Council
of the City of Vernon Commending Edward A. Cooney for his Years
of Service to the City of Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 5413 be approved and adopted. Motion carried.
ORDINANCE NO. 971 - An Ordinance of the City Council of
the City of Vernon, State of California, Amending Chapter 7,
Buildings; and Chapter 21, Sewers and Sewage Disposal, of the
Code of the City of Vernon; and adopting by Reference the Uni-
form"Building Code 1985 Edition, Including Appendices, Chapters
1, 11, 12, 32, 38, & 57; National Electrical Code 1987 Edition
Uniform Mechanical Code 1985 Edition, including Appendices,
Chapters A, B, & C; and Uniform Plumbing Code 1985 Edition, In-
cluding Appendices A, B, C, D, H, and I, and Repealing All Ord-
inances and Parts of Ordinances in Conflict Therewith, was read by
title for a first reading.
It was moved by Gonzales, seconded by Ybarra, that Ord-
inance No. 971 receive and pass a first reading. Motion carried.
AYES:
NOES:
ABSENT:
Malburg, Ybarra, Davis, Gonzales, McCormick
None
None
Communication from Mr. Yoram Katz, Vice President
Engineering of American Private Power, Inc., dated July 28, 1987,
was presented, advising that they wish to address the Council to
appeal certain procedural decisions for obtaining construction
permits for a project to be located at Sun Aluminum, Inc., 6062
Alcoa Avenue, Vernon.
At this time Mr. Yoram Katz, Vice President of
Engineering of American Private Power, Inc., and Mr. Knight of
Sun Aluminum came before the Council to ask if the Council would
possibly waive the requirement of the Conditional Use Permit for
the project to be located at 6062 Alcoa Avenue, Vernon.
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August 4, 1987
Mr. Katz advised the Council that he felt his project was too
small to require such a permit and the time involved in
following this procedure would only be more costly to them in
both time and money.
It was moved by McCormick, seconded by Ybarra, that the
aforementioned communication be received and filed, and that Sun
Aluminum and American Private Power, Inc. proceed in the normal
manner with regard to obtaining the permits as required by the
City. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated July 30, 1987, was presented, transmitting the
agenda for the Personnel Committee Meeting to be held August 3,
1987, and recommending approval of recommendations contained
thereon.
It was moved by Gonzales, seconded by Davis, that the
actions on the agenda for the Personnel Committee meeting held
August 3, 1987 be approved. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 28, 1987, was presented, recommending that Mayor
Leonis Malburg and Mayor Pro-tern Thomas Ybarra, be designated as
the voting delegate and alternate delegate (respectively) for
the upcoming League of California Cities Annual Conference to be
held October 4 to 7, 1987, in San Francisco. ,This designation
allows the delegates to vote on behalf of Vernon during the
conference Business Session.
It was moved by Davis, seconded by McCormick, that Mayor
Leonis Malburg and Mayor Pro-tern Thomas Ybarra, be designated as
the voting delegate and alternate delegate (respectively) for
the upcoming League of California Cities Annual Conference to be
held October 4 to 7, 1987. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 28, 1987, was presented, advising of a request from
Paper Back Recycling, a Project of the Skid Row Development
Corporation (a non-profit organization) located at 2533 East
28th Street. Sales Manager Carlos del Campos asks that the
"request for Occupancy Inspection" fee of $75 be waived based on
the fact that they are a charitable non-profit organization.
It was moved by Gonzales, seconded by Ybarra, that the
request to waive the Occupancy Inspection Fee of $75 from Paper
Back Recycling be granted. Motion carried.
Communication from L. A. Espinoza, Chief of Police,
dated July 24, 1987, was presented, requesting authority and
funds for Captain Louis Rosenkrantz to attend the Backster
School of Lie Detector Polygraph Examiner Work Conference in San
Diego, California, August 22 to 23, 1987, with an expense
allowance of $307.50.
It was moved by McCormick, seconded by Davis, that
authority be granted to issue Captain Louis Rosenkrantz a
warrant in the amount of $307.50 to attend the Backster School
of Lie Detector Polygraph Examiner Work Conference on August 22
to 23, 1987. Motion carried.
Communication from Victor H. Vaits, Director of Com-
munity Services, dated July 29, 1987, was presented, advising
that Contract No. 479, District Blvd. Resurfacing, has been com-
pleted the total contract amount (including Change Order) being
$230,252.86 with a final payment of $207,227.57 now due and the
remaining 10% ($23,025.29) payable thirty-five days after accep-
tance. The Director of Community Services hereby recommends
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August 4, 1987
that the work be accepted and authority be granted to pay the
contractor, Blair Paving, Inc., 4226 E. La Palma, Anaheim,
California 92807 in accordance with said agreement.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication regarding Contract No. 479 be
received and filed and that the work be accepted and authority
be granted to pay Blair Paving, Inc. Motion carried.
RESOLUTION NO. 5415 - A Resolution of the City Council
of the City of Vernon Accepting the Work of District Boulevard
Resurfacing, in Accordance with Contract No. 479 of the City of
Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that Resolu-
tion No. 5415 be approved and adopted. Motion carried.
Communication from Norman Michiels, Director of
Environmental Health, dated July 29, 1987, was presented,
requesting authority and funds for Dan Downing, Environmental
Specialist to attend the 1987 California Conference of Director
of Environmental Health Training Programs on Underground Tanks
in Santa Ana, California on August 26, 1987 with an expense
allowance of $23.40.
It was moved by McCormick, seconded by Ybarra that
authority be granted to issue Dan Downing, Environmental
Specialist a warrant in the amount of $23.40 to attend the 1987
California Conference of Director of Environmental Health
Training Programs on Underground Tanks on August 26, 1987.
Motion carried.
Communication from Lew Adams, Director of Water & Power,
dated July 29, 1987, was presented, requesting authority and
funds for Jorge Somoano, Electrical Engineering Associate, to
attend the Desert Southwest Inland Intertie Project Management
Meeting in Salt Lake City, Utah, August 4th to 5th, 1987 with an
expense allowance of $442.
It was moved by Ybarra, seconded by Gonzales that
authority be granted to issue Jorge Somoano, Electrical
Engineering Associate a warrant in the amount of $442 to attend
the Desert Southwest Inland Intertie Project Management Meeting
on August 4 to 5, 1987. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 29, 1987, was presented, advising that we have
received a request from C.L. Schultz representing King Meat
Company for a variance from Uniform Building Code, Table No. 5-C
(basic allowable floor area). The company is proposing to
rehabilitate the building at 4215 Exchange Avenue and to raise
the roof of existing freezer to 38 ft. The building will be
divided with two hour fire walls in four sections (35,440;
26,066; 27,040; and 12,972 sq. ft. each) and the code allowable
area per section is 24,000 sq. ft. (the building is fully
sprinklered). This request has been reviewed by the Director of
Community Services and the Acting Fire Chief and it is hereby
recommended that the variance be granted based on the condition
that the building be divided with two-hour fire separation walls
in the 35,440; 26,066; 27,040; and 12,972 sq. ft. sections.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Clerk be approved and
that a variance from Uniform Building Code, Table No. 5-C (basis
allowable floor area), be granted to King Meat Company contin-
gent upon the above conditions. Motion carried.
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August 4, 1987
Communication from Lewis R. Adams, Director of Water &
Power, dated July 29, 1987, was presented, transmitting for
consideration a Letter Agreement between Southern California
Edison Company and the City of Vernon establishing the delivery
point for energy from Palo Verde Nuclear Generating Station Unit
No.3, prior to its date of firm operation. This agreement has
been reviewed by the City Attorney and it is hereby recommended
that it be approved and the City Administrator/City Clerk be
authorized to execute same.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication in the matter of a Letter
Agreement between Southern California Edison Company and the City
of Vernon be received and filed and that authority be granted
for the City Administrator/City Clerk to execute same. Motion
carried. Councilman Davis abstained from voting on the above
motion and disqualified himself because it's reasonably fore-
seeable that the decision will have a material financial effect
on his source of income.
RESOLUTION NO. 5416 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement Between Southern California Edison Company
and the City of Vernon Establishing the Delivery Point for
Energy from Palo Verde Nuclear Generating Station ("PVNGS") Unit
No.3, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 5416 be approved and adopted. Motion carried.
Councilman Davis abstained from voting on the above motion and
disqualified himself because it's reasonably foreseeable that
the decision will have a material financial effect on his source
of income.
Communication from Lewis R. Adams, Director of Water &
Power, dated July 29, 1987, was presented, recommending that in
connection with previous councilmanic approval (at the regularly
scheduled meeting held July 21, 1987) of the new Energy Cost
Adjustment Billing Factor the following resolution be adopted to
be effective August 4, 1987:
It was moved by Gonzales, seconded by Davis, that the
recommendation of the Director of Water & Power be approved and
the aforementioned communication be received and filed. Motion
carried.
RESOLUTION NO. 5414 - A Resolution of the City Council
of the City of Vernon Changing the Energy Cost Adjustment
Billing Factor Charged for Electrical Energy Distributed and
Supplied to Its Electrical Consumers, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 5414 be approved and adopted. Motion carried.
Communication from Bruce V. Ma1kenhorst, City Clerk,
dated July 30, 1987, was presented, advising that we have re-
ceived a request from NI Industries, Inc., to maintain, use, and
operate two overhead cables attached to power poles along Boyle
Avenue; and crossing Boyle Avenue in three (3) different loca-
tions between Fruitland Avenue & Leonis Blvd. Monies in the
amount of $6,937.02 have been received and deposited covering
issuance fee and the first annual renewal fee. The Encroachment
License agreement has been reviewed by the Director of Community
Services and the City Attorney and it is hereby recommended that
it be approved and the Mayor and City Clerk authorized to
execute same.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication of the City Clerk for an Encroachment
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August 4, 1987
License Agreement by and between NI Industries, Inc., and the City
of Vernon be approved. Motion carried.
Communication from Eunice Hammond from the Dorothy Clark
Chapter, National Society, Daughters of the American Revolution, was
presented, requesting the City adopt a proclamation to display in
conjunction with their celebration of the bi-centennia1 of the
United States Constitution in September.
It was moved by Gonzales, seconded by Davis, that the
City proceed with making a Proclamation for the Celebration of
the Bi-centennia1 of the U. S. Constitution and that the
communication from Ms. Eunice Hammond be received and filed.
Motion carried.
Warrant Register No. 722 covering claims and demands
presented during the period of July 16 thru 31, 1987, which
includes Demand Nos. 13755 thru 13893 (both inclusive),
excluding Void Demand Nos. 13777 thru 13780 and excluding Light
and Power Demands, drawn on the First Interstate Bank totaling
$411,051.86 (accounting period August 1987), was examined and
audited.
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 722 be approved and payment authorized for Demand
Nos. 13755 thru 13893 (both inclusive), excluding Void Demand
Nos. 13777 thru 13780 and excluding Light and Power Demands, in
the amount of $411,051.86, with no other exceptions. Motion
carried.
Warrant Register No. 722 covering claims and demands
presented during the period of July 16 thru 31, 1987, which
includes Light and Power Demand Nos. as listed below, drawn on
the First Interstate Bank totaling $2,276,298.07 (accounting
period August 1987), was examined and audited:
13765
13766
13767
13768
13775
13790
13800
13813
13815
13816
13818
13821
13833
13834
13837
13840
13848
13850
13851
13852
13853
13859
13865
13866
13880
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 722 be approved and payment authorized for
Light and Power Demand Nos. as listed above, in the amount of
$2,276,298.07 with no other exceptions. Motion carried. Coun-
cilman Davis abstained from voting on the above motion and dis-
qualified himself because it's reasonably foreseeable that the
decision will have a material financial effect on his source
of income.
Communication from Bruce V. Ma1kenhorst, City Clerk,
dated July 30, 1987, was presented, requesting authority and
funds for himself and Counci1members Thomas Ybarra, Hilario
Gonzales, William Davis, and William McCormick to attend the
National League of Cities 64th Annual Congress of Cities &
Exposition in Las Vegas, Nevada on December 12 thru 16, 1987,
with an expense allowance of $940.
It was moved by Davis, seconded by McCormick, that
authority be granted to issue Counci1members Thomas Ybarra,
Hilario Gonzales, William Davis, William McCormick and Bruce
Ma1kenhorst a warrant in the amount of $940 to attend the
National League of Cities 64th Annual Congress of Cities &
Exposition in Las Vegas, Nevada on December 12 thru 16, 1987.
Motion carried.
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RESOLUTION NO. 5417 - A Resolution of the City Council
of the City of Vernon approving and Authorizing the Execution
of a Letter Agreement with Southern California Edison Company
("SCE") Relating to the Vernon-Edison Firm Transmission Service
Agreement for Vernon's Purchase of Power from the California
Department of Water Resources ("CDWR"), was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5417 be approved and adopted. Motion carried.
Councilman Davis abstained from voting, on the above motion and
disqualified himself because it's reasonably foreseeable that
the decision will have a material financial effect on his source
of income.
Communication from Bruce V. Ma1kenhorst, City Clerk,
dated July 30, 1987, was presented, advising of a request from
Gogian Enterprises and Brooks Iwakiri, owners of two adjoining
parcels, for an adjustment of the common boundary between the
parcels located on the south side of Vernon Avenue 600 ft. east
of Boyle Avenue. The common boundary between the parcels would
be moved westerly approximately 102 ft. from its present posi-
tion. Said request is in accordance with the California Subdivi-
sion Map Act and the General Plan of the City; and has been
reviewed by the Director of Community Services and the City
Attorney and it is hereby recommended that the lot line adjust-
ment be granted and a resolution be adopted.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Clerk be received and
filed and that the lot line adjustment be granted and a
resolution adopted. Motion carried.
RESOLUTION NO. 5418 - A Resolution of the City Council
of the City of Vernon Approving "Lot Line Adjustment" Requested
by Gogian Enterprises, Inc. and Brooks Iwakiri, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5418 be approved and adopted. Motion carried.
Communication from Bruce V. Ma1kenhorst, City Clerk,
dated July 30, 1987, was presented, recommending that approval
be granted to pay $5,000 to the U.S. Forest Service which was
agreed to under a phased payment schedule pursuant to a
Collection Agreement between the City of Vernon and U.S. Forest
Service. This will complete the total payment of $15,000 under
this payment schedule.
It was moved by Gonzales, seconded by Ybarra, that
approval be granted to pay $5,000 to the U.S. Forest Service.
Motion carried.
It was moved by McCormick, seconded by Ybarra, that the
City Council recess to Closed Session pursuant to Government
Code Section 54956.9{a) to confer with its attorney regarding
pending litigations, the time being 6:19 P.M. Motion carried.
All persons with the exception of the City Attorney, the
City Clerk and the Director of Water and Power were excluded
from Closed Session.
The Mayor ordered all communications to and from Closed
Session be deemed privileged and confidential.
The Director of Water and Power was excused from Closed
Session, the time being 6:48 P.M.
It was moved by McCormick, seconded by Ybarra, that City
Council go out of Closed Session and resume Regular Session, the
time being 6:50 P.M. Motion carried.
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It was moved by Gonzales, seconded by Ybarra, that the
City Council recess to Closed Session/Personnel pursuant to
Government Code Section 54957, the time being 6:51 P.M. Motion
carried
All persons with the exception of the City Attorney and
the City Clerk were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
It was moved by Davis, seconded by McCormick, that City
Council go out of Closed Session and resume Regular Session, the
time being 7:00 P.M. Motion carried.
The City Attorney advised the Council that Edison had
Filed a Contract between Edison and Vernon for firm transmission
service by Edison of capacity and energy available to Vernon
from the Hoover Dam. He recommended that the Council approve and
ratify the filing of a motion by the City to intervene and plea
for expeditious acceptance of the contract.
It was moved by McCormick, seconded by Ybarra that the
City Attorney's intervention petition in ER87-530 be approved.
Motion carried. Councilman Davis abstained from voting on the
above motion and disqualified himself because it's reasonably
foreseeable that the decision will have a material financial
effect on his source of income.
There being no further business to come before the
Council, it was moved by Gonzales, seconded by Ybarra, that the
meeting adjourn. Motion carried.
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Bruce V. Ma1kenKorst
City Clerk
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Leonis C. Ma1b ,rg
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