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19880517 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, MAY 17, 1988, AT 4:45 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: MALBURG, YBARRA, GONZALES, MCCORMICK, DAVIS MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. I It was moved by Ybarra, seconded by Davis, that the minutes of the City Council Meetings held April 26, 1988, and May 3, 1988, be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period May 1 thru 15, 1988, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period May 1 thru 15, 1988, be received and filed. Motion carried. Fire Department Activity Report for the period May 1 thru May 15, 1988, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period May 1 thru May 15, 1988, be received and filed. Motion carried. Health Department Report for the month of April, 1988, was presented. It was moved by Davis, seconded by McCormick, that the Health Department Report for the month of April, 1988, be received and filed. At this time it was moved by Ybarra, seconded by Gonzales, that the public hearing to consider the proposed revised General Plan, consisting of all elements required by State Law for the City of Vernon be opened, the time being 5:00 p.m. Motion carried. (Continued from March 15, 1988). Communication from Bruce V. Malkenhorst, City Clerk, dated May 11, 1988, was presented, recommending that the Public Hearings regarding the revised General Plan and proposed revisions of the Vernon Zoning Ordinance be discontinued and terminated until further notice based on recent developments since that date. I The City Attorney advised the Council that the decision on this matter should be deferred until after the Hearing on the Interim Zoning Ordinance. Public Hearing Hearing to consider the the proposed revisions of the Vernon Zoning Ordinance (Continued from March 15,1988). It was moved by Gonzales, seconded by Davis, that the Public Hearings on the Revised General Plan and Proposed Revisions of the Vernon Zoning Ordinance be deferred until after the Hearing on the Interim Zoning Ordinance. Motion carried. It was moved by Davis, seconded by Ybarra, to open the Public Hearing to consider the extension and/or amend the Interim Zoning Ordinance (No. 975) of the City of Vernon, the time being 5:05 p.m. Motion carried. There was a court reporter present to transcribe the proceedings of the hearing. 16~~ City Council Minutes page 2 May 17, 1988 At this time the Mayor asked if there was anyone in the audience who wished to address this matter. The following persons came before forward to address the matter of the extension and/or amendment to the Interim Zoning Ordinance: I William D. Ross of Ross & Scott, representing Central City South Association; Donald Drew of Drew and Driscoll, representing Parker and Sons, and Ft. Howard Cup; Stanley Lamport representing Pep Boys; Ross Pelfreyman representing Sweetener Products. Communication from Victor Vaits, Director of Community Services dated May 5, 1988, was presented, transmitting proposed Amended Interim Zoning Ordinance No. 976 and Engineer's Report and recommending approval of same be granted in accordance with Sec- tion 65858 of the Government Code. Victor Vaits briefly summarized the information which was included in the General Plan background paper to the Council and submitted the Engineer's Report and amendments to the Amended Comprehensive Zoning Ordinance dated May 17, 1988 to be incorporated herewith, specifically pages I, 12 & 13, 16, and 18. Communication from David Brearley, City Attorney, dated May 17, 1988, was presented, discussing the relationship of Vernon's recently approved Charter to the City's Interim Zoning Ordinance (No. 975) adopted on April 5, 1988 and the proposed Amended Ordinance No. 976. It was moved by Gonzales, seconded by Davis, that the Public Hearing to extend and/or amend the Interim Zoning Ordinance (No. 975) of the City af Vernon be closed, the time being 5:55 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Communication from Victor Vaits transmitting General Plan background paper, Engineer's Report, proposed Amended Interim Zoning Ordinance No. 976, supporting documents (notice of public hearing, affidavit of posting, mailing and publication); and the amendments to the Interim Zoning Ordinance dated May 17, submitted herewith, be received and filed as evidence. I It was moved by Davis, seconded by Ybarra, that the communication from the City Attorney be received and filed. Motion carried. ORDINANCE NO. 976 - An Ordinance of the City Council of the City of Vernon Extending and Amending Interim Zoning Ordinance No. 975, Making Findings with Respect Thereto, Declaring the Urgency Thereof, and That It Will Take Immediate Effect, was pre- sented. It was moved by Gonzales, seconded McCormick, that Ordinance No. 976 was read by title for a first and final reading and adopted. Motion carried. AYES: NOES: ABSENT: Gonzales, McCormick, Ybarra, Davis, Malburg None None lb~~ City Council Minutes page 3 May 17, 1988 At this time the Mayor asked if there was anyone in the audience who wished to address the Council on any matters listed on today's agenda, other than with regard to Public Hearings. There was no one present who wished to address the Council. I It was moved by Ybarra, seconded by McCormick, to open the Public Hearing for the consideration of an application from Steel Grip, Inc., for a variance to utilize a non-conforming truck dock at 4700 48th Street, the time being 6:10 p.m. Motion carried. At this time, 6:10 p.m., the Mayor declared a short recess. The meeting reconvened to the Hearing, the time being 6:30 p.m. All persons present before the recess again being present. Communication from Bruce V. Malkenhorst, City Clerk, dated May 10, 1988, was presented, advising that Victor Vaits, Director of Community Services, has received a request from Steel Grip, Inc., located at 4700 48th Street for a variance from City Code Section, Minimum Parking and Loading Space; and City Code Section, Minimum Truck Driveway Distance from a Curb Radius, and recommending that the variance be granted contingent upon the following conditions: 1. All vehicles using the facility be limited to a maximum length of 30 feet; 2. All required frontage improvements be constructed per City of Vernon Master Plan of Streets as directed by the Director of Community Services. Victor Vaits briefly summarized the request of Steel Grip, Inc., and his recommendations for granting the variance. It was moved by Davis, seconded by McCormick, that the Public Hearing be closed, the time being 6:35. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the variance be granted to Steel Grip., Inc., contingent upon the conditions set forth above during the public hearing, and that the communication from the City Clerk be received and filed. Motion carried. I Communication from Lewis R. Adams, Director of Water & Power, dated February 23, 1988, was presented, transmitting a copy of a proposed new Joint Pole Agreement to be effective January 1, 1988. This Agreement has been reviewed by the Water & Power Department and it is hereby recommended that said agreement be approved and the Mayor and City Clerk be authorized to execute same (deferred from April 26, 1988 City Council Meeting). Lewis Adams summarized for the Council his communication submitted to the City Clerk on May 12, 1988, advising of the differences in membership between Regular and Limited and the costs involved. It was moved by McCormick, seconded by Gonzales, that the Joint Pole Agreement be approved and authority be granted for the Mayor and City Clerk to execute same; and that the communications received from the Director of Water & Power be received and filed. Motion carried. (bQo City Council Minutes page 4 May 17, 1988 RESOLUTION NO. 5488 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Southern CalifQrnia Joint Pole Agreement Providing for the Joint Ownership and Occupancy of Poles in the State of California and Elsewhere (deferred from April 26, 1988 City Council Meeting) was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5488 be approved and adopted. Motion carried. I Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 12, 1988, was presented, transmitting the agenda for the Personnel Committee Meeting to be held May 16, 1988, and recommending approval of recommendations contained thereon. It was moved by Ybarra, seconded by Davis, that the agenda for the Personnel Committee Meeting held May 16, 1988 be approved as written and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 12, 1988, was presented, transmitting the agenda for the Adjourned Regular Finance Committee Meeting to be held May 16, 1988, and recommending approval of recommendations contained thereon. It was moved by Gonzales, seconded by Davis, that the agenda for the Adjourned Regular Finance Committee Meeting held May 16, 1988 be approved as written and adopted. Motion carried. Communication from L. A. Espinoza, Chief of Police, dated April 26, 1988, was presented, requesting authority and funds to attend the Los Angeles County Police Chiefs' Association Annual Seminar in Indian Wells on May 25 - 27, 1988 with an expense allowance of $317.27. It was moved by Ybarra, seconded by Davis, to issue a warrant to L. A. Espinoza in the amount of $317.27 to attend the Los Angeles County Police Chiefs' Association Seminar. Motion carried. Communication from Lewis Adams, Director of Light & Power, dated May 4, 1988, was presented, requesting authority and funds for Manny Garcia, Power Scheduler, to attend the Western Area Power Administration's 1988 Customer Meeting in Scottsdale, Arizona on May 17 and 18, 1988 with an expense allowance of $120.75 I It was moved by McCormick, seconded by Gonzales, to issue a warrant to Manny Garcia in the amount of $120.75 to attend the Western Area Power Administration's 1988 Customer Meeting. Motion carried. Communication fram Lewis Adams, Director of Light & Power dated May 4, 1988, was presented, requesting authority and funds for Jorge Somoano, Electrical Engineering Associate, to attend the Western Area Power Administration's 1988 Customer Meeting in Scottsdale, Arizona, May 17 and 18, 1988 with an expense allowance of $230.95 It was moved by Davis, seconded by Ybarra, to issue a warrant to Jorge Somoano in the amount of $230.95 to attend the Western Area Power Administration's 1988 Customer Meeting. Motion carried. Communication from L. A. Espinoza, Chief of Police, dated May 10, 1988, was presented, requesting authority and funds to attend the League of California Cities Drug Abuse Workshop in Ontario on June 15, 1988 with an expense allowance of $50.00. tb~l City Council Minutes page 5 May 17, 1988 It was moved by Gonzales, seconded by Ybarra, to issue a warrant in the amount of $50.00 to L. A. Espinoza to attend the League of California Cities Drug Abuse Workshop. Motion carried. Consideration of Claim of Mr. Joseph Higuera, Jr. It was moved by McCormick, seconded by Davis, to defer the claim of Joseph Higuera, Jr. to Closed Session. Motion carried. I Communication from Merl Seastrom, General Manager of Pacific West Paper, located at 4803 Everett Avenue, Vernon, was presented, requesting to address the City Council regarding water billing Account Number 09015201. The Mayor asked if there was anyone in the audience who wished to address Council on this matter. There was no one present at this time who wished to address the Council on this matter. It was moved by McCormick, seconded by Ybarra, that the communication from Merl Seastrom be received and filed. Motion carried. Communication from Lewis Adams, Director of Light & Power, dated May 12, 1988, was presented, transmitting for approval specifications and construction plans for Contract No. 492, (drilling of two water wells at Fruitland Avenue and at District Blvd.) and recommending that said contract be approved and authority be granted to advertise for bids. It was moved by Ybarra, seconded by Davis, that Contract Contract No. 492 be approved and that the communication from Lewis Adams be received and filed. Motion carried. RESOLUTION NO. 5514 - A Resolution of the City Council of the City of Vernon Approving Contract No. 492 and Authorizing Notice Inviting Sealed Proposals or Bids for Two (2) Water Wells (At Fruitland Avenue. and At District Blvd.) in Accordance With Contract No. 492 of the City Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5514 be approved and adopted. Motion carried. I Communication from Gloria J. Orosco, Library Secretary, dated May 12, 1988, was presented, recommending that Library Trustees Hilario Gonzales and William Davis be reappointed to the Board of Library Trustees for a remaining 2 year term to expire June 30, 1990, and that their serving between July 1, 1987 thru May 17, 1988 is hereby ratified. It was moved by Ybarra, seconded by McCormick, that the recommendation of the Library Secretary be approved and said com- munication be received and filed. Motion carried. RESOLUTION NO. 5515 - A Resolution of the City Council of the City of Vernon Reappointing Hilario Gonzales and William J. Davis to Serve as Trustees on the Board of Library Trustees was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5515 be approved and adopted. Motion carried. 1612- City Council Minutes page 6 May 17, 1988 Warrant Register No. 741 covering claims and demands presented during the period of May 1 thru 15, 1988, which includes Demand Nos. 17376 thru 17608 (inclusive) excluding Void Demand Nos. as listed below, excluding Light & Power Demands drawn on the First Interstate Bank totaling $627,815.52 (Accounting Period May 1988) was examined and audited. I 17385 17410 17411 17412 17413 17414 17415 17416 17417 17418 17419 17420 17421 17422 17423 17546 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 741 be approved and payment autharized for Demand Nos. 17376 thru 17608 (inclusive) totaling $627,815.52, excluding Void Demand Nos. listed above and Light & Power Demands. Motion carried. Warrant Register No. 741 covering claims and demands presented during the period of May 1 thru 15, 1988, which includes Light & Power Demand Nos. as listed below, drawn on the First Interstate Bank totaling $4,913,834.42 (Accounting Period May 1988) was examined and audited. 17380 17401 17436 17500 17536 17582 17382 17405 17440 17514 17537 17588 17383 17406 17445 17518 17538 17590 17392 17407 17453 17522 17543 17605 17393 17409 17464 17524 17547 17607 17394 17427 17480 17525 17576 17400* 17397 17433 17493 17526 17580 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 741 be approved and payment authorized for Demand Nos. listed above totaling $4,913,834.42. Motion carried. Councilman Davis abstained from voting on the mation and disquali- fied himself because it is reasonably foreseeable that the deci- sion will have a material financial effect on his source of in- come. Payroll Warrant Register No. 379 covering claims and demands presented during the period of March 13, 1988 thru April 9, 1988, which includes Demand Nos. 5029 thru 5051 (both inclusive) drawn on the First Interstate Bank totaling $906,878.24 (Accounting Period April 1988) was examined and audited. I It was moved by Ybarra, seconded by Gonzales. that Payroll Warrant Register No. 379 be approved and payment authorized totaling $906,878.24 which includes Demand Nos. 5029 thru 5051. Motion carried. Communication from Bruce V. Ma1kenhorst, City Clerk, dated May 12, 1988, was presented, requesting authority and funds for himself and Councilman Larry Gonzales to attend the ICA 28th Annual Seminar in San Diego July 6 thru 10, 1988, with an expense allowance of $675. It was moved by Davis, seconded by Ybarra, that authority be granted for Bruce V. Ma1kenhorst and Councilman Larry Gonzales to attend the ICA 28th Annual Seminar with an expense allowance of $675. Motion carried. Communication from Bruce V. Ma1kenhorst, City Clerk, dated May 12, 1988, was presented, requesting authority and funds for Counci1members Thomas Ybarra, Leonis Malburg, William Davis, and Michael McCormick to attend the ICA 28th Annual Seminar in San Diego July 6 thru 10, 1988, with an expense allowance of $1095. 1b13 City Council Minutes page 7 May 17, 1988 It was moved by Gonzales, authority be granted for the above attend the ICA 28th Annual Seminar $1095. Motion carried. seconded by McCormick, that listed Councilmembers to with an expense allowance of Communication from Bruce V. Malkenhorst, City Clerk, dated May 12, 1988, was presented, recommending that a two-bedroom suite be reserved for the ICA Seminar in San Diego to be utilized as a hospitality suite and to accommodate Messrs. Malkenhorst and Gonzales. I It was moved by McCormick, seconded by Ybarra, that authority be granted to reserve a two-bedroom suite as a hospitality suite for the 28th ICA Seminar and to accommodate Messrs. Malkenhorst and Gonzales. Motion carried. Communication from Lewis Adams, Director of Water & Power, dated May 12, 1988, was presented, submitting a Contract for UEG Gas Service between the City and Southern California Gas Company, specifically for Vernon to take service for the gas turbine generators from Southern California Gas Company. This contract has been reviewed by Water and Power staff and it is hereby recommended that said contract be approved and the Mayor and City Clerk be authorized to execute same. It was moved by Ybarra, seconded by McCormick, that the Contract for UEG Gas Service between the City of Vernon and the Southern California Gas Co. be approved and the Mayor and City Clerk be authorized to execute same, and that the communication from the Director of Water & Power be received and filed. Motion carried. RESOLUTION NO. 5518 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract for UEG Gas Service By and Between the Southern California Gas Company and the City of Vernon Providing for the Sale and Transportation af Gas from the Gas Turbine Generators was presented. It was moved by McCormick, seconded by Davis, that Reso- lution No. 5518 be approved and adopted. Motion carried. I Communication from Lewis Adams, Director of Water & Power, dated May 11, 1988, was presented, transmitting two agreements, one for Vernon Sunlaw Cogeneratian Partners I Tie-in Agreement, and; Joint Service Agreement. These agreements are required in order for the City to receive high pressure natural gas for operation of the turbine generators and have been reviewed by the Water & Power Staff and it is hereby recommended that they be approved and the Mayor and City Clerk be authorized to execute same. It was moved by Davis, seconded by Gonzales, that the Vernon Sunlaw Cogeneration Partners I Tie-In Agreement and the Joint Service Agreement be approved and the Mayor and City Clerk be authorized to execute same; and that the communication from the Director of Water & Power be received and filed. Motion carried. RESOLUTION NO. 5516 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Tie-In Agreement Between the City of Vernon and Sunlaw Cogenera- tion Partners I Enabling Vernon to Connect to the Dedicated High Pressure Gas Main Serving Sunlaw's Cogeneration Plants was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5516 be approved and adopted. Motion carried. \hgf City Council Minutes page 8 May 17, 1988 RESOLUTION NO. 5517 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Joint Service Agreement Among The Southern California Gas Company, Sunlaw Cogeneration Partners I (By Sunlaw Operating Corporation), and the City of Vernon, Enabling Vernon to Connect to and Receive Service From the Dedicated High Pressure Gas Main Serving Sunlaw's Cogeneration Plants was presented. I It was moved by Ybarra, seconded by Davis, that Resolution No. 5517 be approved and adopted. Motion carried. The Mayor asked if there was anyone in the audience who wished to address the Council. There were no comments from the audience. At this time the City Clerk advised the Council that earlier in the evening it had deferred the matter of the public hearings for the proposed revised General Plan and the proposed revisions of the Vernon Zoning Ordinance until after the Hearing on the Interim Zoning Ordinance and should act upon it at this time. It was moved by Gonzales, seconded by McCormick, that both hearings at this time be discontinued and terminated until further notice. Motion carried. It was moved by Ybarra, seconded by McCormick, that the City Council recess to Closed Session pursuant to Government Code Sections 54956.9(a) and 54956.9(b)(1) to confer with its attorney regarding pending litigations, the time being 7:20 p.m. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. The Mayor deemed all communications to and from Closed Session deemed privileged and confidential. Councilman Davis was excused from Closed Session, the time being 8:05 p.m. Councilman Davis resumed his seat on the Council the time being 8:22 p.m. It was moved by Ybarra, seconded by McCormick, that Council go out of Closed Session and resume regular session, the time being 8:25 p.m. Motion carried. I Communication from Bruce V. Malkenhorst, City Clerk, dated May 9, 1988, was presented, advising of receipt of a timely claim from the Boccaro Law Firm on behalf of the decedent,Mr. Joseph Higuera. Said claim has been reviewed by our liability administrators and it is hereby recommended that it be denied. It was moved by Ybarra, seconded by Davis, that the Claim from the Bocarro Law Firm on behalf of Joseph Higuera be denied. Motion carried. It was moved by McCormick, seconded by Gonzales, that with regard to the case of the City of Vernon v. Washington (case No. 87 C 01803 N) be dismissed with no further action due to the demise of Mr. Keith Washington, a former City of Vernon Police Officer. 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. t~qs City Council Minutes page 9 May 17, 1988 I ATTEST: / p'P/ /3- 1//')<7/;:~~~ Bruce V. Malkenhorst City Clerk ~eCf-J I L~Cz)c.