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19881004 Regular City Council Meeting - Minutes MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 4, 1988 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Davis, li....'"'Cormick, Gonzales MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. I t was moved by Ybarra, seconded by Davis, that the minutes of the City Council meeting held September 20, 1988, be approved as submitted and adopted. Motion carried. I At this tilne t.he MayOl:' Pl'eBe..nted a 20 Year Service Pin to Lieutenant Leslie Brovrn.. The Council reconvened in regular seBsion, all members present before the recess again being present, the time being 5:12 p.m. Police Department Activity Log for the period September 15, thru 30, 1988, was presented. It was moveci by MeC'.ormiek, BetJondeci by C'lOnzales, that the Police Department Acti vi ty Log for the period September 15 thrIJ. 30, 1988, be received and filed. Motion carried. Fire Department Acti vi ty Report for the period September 15 thru 30, 1988, was presented. I t was moved by Ybarra, seconded by Davis, that the Fire Department Acti vi ty Report for the period September 15 thru 30, 1988, be received and filed. Motion carried. At this time the Mayor asked if there was anyone in the audience who wished to address the r.ouncil on any matters listed on today's agenda other than with regard to fublic Hearings. There was no one present in the audience who wished to address the Council on any matter listed on today's agenda. Communication from Michael G. Smooke, of the Law Offices of Buchalter, Nemer, Fields & Younger, representing Rolo Transportation Co., Inc., dated Septembel:' 29, 1988, regarding the conditions placed upon a conditional use pe.l:"IDitgranted to Rolo Transportation; specifically, Condition 6: the installation of a traffic signal and the COBtS to be incurred for said installation, was presented. I I t was moved by Gonzales, seconded by Davis, that the communication from Michael G. Smooke be referred to the City Attorney. Motion carried. At this time, 5: 15 p.m., it was moved by McCormick, seconded by Davis, to open the fublic Hearing to consider an application from Alan S. Cohen for a variance to utilize non- conforming truck docks at 2850 46th Street (continued from September 20, 1988.) Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 31, 1988, was presented, advising that Alan Cohen has submitted an application for a variance from Ame.nded Interim Zoning Ordinance, Section 4.2. 8c: Development Standards (size); for property located at 2850 E. 46th Street. Submitted herewith is an Engineer's Report from the Director of Community Services and based on the information provided in the report it is hereby recommended that said application for a variance be denied (continued from September 20, 1988). 1780\ .01' ~: City Council Minutes page 2 October 4, 1988 At this time 5:16 p.m., it was moved by Gonzales, seconded by Davis, to close the Public Hearing regarding the application from Alan S. Cohen for a variance to utilize a non- conforming truck docks at 2850 46th Street. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk and the Engineer"s Report from the Director of Community Services concerning Alan Cohen"s request for a variance be received and filed. Motion carried. I It was moved by Ybarra, seconded by McCormick, that the request for a variance from Alan S. Cohen be denied. Motion carried. Communication from Victor Vaits, Director of Community Services, dated September 15, 1988, was presented, advising that Sam Perricone & Seymour Owens have submitted a fully executed Grant Deed (for street purposes) for portion of properties situated at 2850/2950 E. Vernon Avenue and it is hereby recommended that the Grant Deed be accepted, the Certificate of Acceptance be approved and the Mayor and City Clerk authorized to execute same (deferred from the September 10, 1988 City Council meeting). It was moved by McCormick, seconded by Ybarra, that the communication from the Director of Community Services be received and filed and that the Grant Deed from Sam Perricone be accepted, the Certificate of Acceptance be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 15. 1988. was presented, advising that Sam Perricone & Seymour Owens (owners of property located at 2850-2950 Vernon Avenue) have requested an adjustment of the common boundary easterly approximately 62 feet. This request has been reviewed by the Director of Community Services and is in accordance with the California Subdivision Map Act and the General Plan of the City. It is hereby recommended that the Lot Line Adjustment be granted (deferred from the City Council meeting held September 20, 1988). RESOLUTION NO. 5554 - A Resolution of the City Council of the City of Vernon Approving the Lot Line Adjustment Requested by Sam Perricone and Seymour Owens (deferred from the City Council meeting held September 20, 1988.) I Communication from Bruce V. Malkenhorst, City Clerk, dated September 15, 1988, advising that Sam Perricone & Seymour Owens (owners of property located at 2850-2950 Vernon) have requested a variance from the 1985 Edition of the Uniform Building Code, Table No. 17-A. They are proposing to subdivide an existing building into two (2) separate buildings each approximately 50,000 sq. ft. by utilizing an existing four-hour fire resistive wall on the proposed property line in place of separate four-hour fire resistive walls for each building. Each building will be on an individual lot and the separation wall will be a common wall. This request has been reviewed by the Director of Community Services and the Fire Department and it is hereby recommended that said variance be granted (deferred from the City Council meeting held September 20. 1988) . It was moved by Ybarra, seconded by Davis. that the aforementioned request for a lot line adjustment, Resolution No. 5554 and the request for a variance from the Uniform Building Code from Sam Perricone and Seymour Owens be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 27, 1988, was presented, requesting authority and funds for himself to attend the CALPELRA 13th Annual Conference in Monterey California on November 1 to 4, 1988, with an expense allowance of $1149. Motion carried. 1781 I I City Council Minutes page 3 October 4, 1988 It was moved by Davis, seconded by Gonzales, that authority be granted for Bruce V. Malkenhorst to attend the CALPELRA 13th Annual Conference in Monterey, November 1 to 4, 1988, with an expense allowance of $1149. Motion carried. Communication from Police Chief Espinoza, dated September 27, 1988, was presented, requesting authority and funds for Hector Figueroa to attend the Custodial Officer Training at Golden West College in Huntington Beach on October 2, 8, 9, 15, 16, 22, and 23, 1988, with an expense allowance of $35 for registration. It was moved by McCormick, seconded by Ybarra, that authority be granted to issue warrant to Hector Figueroa in the amount of $35 for his attendance to the Custodial Officer Training in Huntington Beach on the above referenced dates. Motion carried. RESOLUTION NO. 5556 - A Resolution Of the City Council of the City of Vernon Requesting Membership in Sister Cities International (SCI) to Assist in the Establishment of a Sister City Program in the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra that Resolution No. 5556 be approved and adopted. Motion carried. Communication from Victor Vaits, Director of Community Services, dated September 27, 1988, was presented, advising that the State of California Office of Planning & Research has granted a twelve (12) month extension of time for the adoption of the City's land use, infrastructure, safety, natural resources, and noise elements of the City's General Plan. Mr. Vaits also advises that the same conditions as imposed in the first six month extension apply to this extension and again it does not apply to the housing element. The Director of Community Services hereby recommends that authority be granted to the City Attorney to file an appeal to include the housing element in the granted extension. It was moved by McCormick, seconded by Davis, that the communication from the Director of Community Services be received and filed and that authority be granted for the City Attorney to file an appeal to include the housing element in the granted extension. Motion carried. RESOLUTION NO. 5558 - A Resolution of the City Council of the City of Vernon Giving Notice of Appeal to the Planning Advisory and Assistance Council from the Denial of an Extension for the Housing Element of the General Plan, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5558 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 15, 1988, was presented, transmitting the agenda for the adjourned regular Finance Committee Meeting to be held September 19, 1988, for your approval of recommendations contained therein (deferred from the September 20, 1988, City Council meeting). It was moved by Gonzales, seconded by Davis, that the agenda for the Finance Committee Meeting of September 19, 1988 be received and filed with no further action. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 29, 1988, was presented, transmitting the agenda for the Personnel Committee meeting held October 3, 1988, and recommending approval of the recommendations contained thereon. It was moved by McCormick, seconded by Gonzales, that the actions listed on the agenda for the Personnel Committee Meeting held October 3, 1988 be approved as indicated. Motion carried. 17g ;L City Council Minutes page 4 October 4, 1988 Communication from Lewis Adams, Director of Water & Power, dated September 28, 1988, was presented, submitting two copies of a Supplemental Agreement Union Pacific Railroad's existing Agreement (No. A-I06762, Dept. No. CLD 20758, dated April 18, 1986) to cover the addition of one 3-pair, 19-9auge communication cable to be lashed with an existing cable. The installation of the new cable will be used for the transmission of metered information from Coldgen Substation to Leonis Substation. The Director of Water & Power hereby recommends that the Supplemental Agreement be approved and the Mayor and City Clerk authorized to execute same. I It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Water & Power be received and filed; and that the Union Pacific Railroad's Supplemental Agreement be approved and authority be granted for the Mayor and City Clerk to execute same. Motion carried. Communication from L. Espinoza, Chief of Police, dated September 13, 1988, was presented, requesting authority and funds for Sgt. Steve Towles to attend the 1988 California Association of Police Training Officers Conference in Sacramento, California, October 19, to 21, 1988 with an expense allowance of $722. It was moved by McCormick, seconded by Davis, that authority be granted to issue warrant to Sgt. Steve Towles in the amount of $722 for his attendance to the 1988 California Association of Police Training Officers Conference in Sacramento, October 19 to 21, 1988. Motion carried. Communication from L. Espinoza, Chief of Police, dated September 22, 1988, was presented, requesting authority and funds for Captain Rosenkrantz to attend the California Association of Polygraph Examiners Seminar in Sunnyvale, California, October 28 to 30, 1988, with an expense allowance of $370. It was moved by Ybarra, seconded by Gonzales, that authority be granted to issue warrant to Captain Rosenkrantz in the amount of $370 for his attendance to the California Association of Polygraph Examiners Seminar in Sunnyvale, October 28 to 30, 1988. Motion carried. I Communication from David Brearley, City Attorney, dated October 4, 1988, was presented regarding Fire Transmission Service- Special Condition No. 12 Resources - Purchase of Capacity and Energy from the Department of Water Resources of the State of California which was approved by the City Council on July 26, 1988 by Resolution No. 5539, and executed on August 3, 1988, between the Southern California Edison Company and the City of Vernon. The City Attorney advised that Southern California Edison Company has submitted a Letter Agreement which would provide Vernon the opportunity to modify certain terms and conditions in the event that the Federal Energy Regulatory Commission or the courts made decisions in other matters which would affect certain terms and conditions. The City Attorney hereby recommends approval of said Letter Agreement and recommends the adoption of the following resolution. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Attorney be received and filed and that the Letter Agreement dated September 27, 1988 regarding the Edison- Vernon CDWR Firm Transmission Service Agreement (executed on August 3, 1988), be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. 1783 City Council Minutes page 5 CCtober 4, 1988 RESOLUTION NO. 5559 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement by and Between the City of Vernon and the Southern California Edison Company Regarding the Edison-Vernon CIl'ffl Firm Transmission Agreement Which Was approved by Resolution No. 5539 and Executed on August 3, 1988. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5559 be approved and adopted. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. I Consideration of an Interchange Agreement between Tucson Electric Power Company and the City of Vernon providing for the purchase and interchange of power and energy between the parties was discussed, and it was recommended by staff that the Agreement be approved and the following resolution be adopted. It was moved by McCormick, seconded by ~rra, that the Interchange Agreement between Tucson Electric Power Company and the City of Vernon be approved and that the Mayor and City Clerk be authorized to execute same. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. RESOLUTION NO. 5560 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Interchange Agreement By and Between Tucson Electric Power Company and the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5560 be approved and adopted. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Communication from Bruce V. Malkenhorst, City Clerk, dated September 29, 1988, was presented, submi ttll1S" a copy of the written request to the Southern California Association of Governments (SCAG) regarding the revised housing needs assessment for the City of Ve rnon and all supporting information and recommending that the copies be received and filed. It was moved by Gonzales, seconded by Davis, that the communication to (SCAG) be ratified and that copies of same and all supporting documents be received and filed. Motion carried. I ORDINANCE NO. 978 - An Ordinance of the City Council of the City of Vernon Authorizing the City Administrator to Issue a Newsletter Four or More Times Per Year, was read by title for a first reading. It was moved by Ybarra, seconded by McCormick, that Ordinance No. 978 receive and pass a first reading. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 29, 1988, was presented, transmitting the agenda for the Finance Committee Meeting to be held October 3, 1988 and recommending approval of recommendations contained thereon. It was moved by McCormick, seconded by Ybarra, that the actions listed on the Finance Committee Agenda held October 3, 1988 be approved as indicated. Motion carried. RESOLUTION NO. 5557 - A Resolution of the City Council of the City of Vernon Authorizll'lg the Sale of Surplus Property from the Finance Department, Police Department, and Fire Department, Pursuant to Section 2.31 of the Vernon City Code, was presented. 1784 City Council Minutes page 6 October 4, 1988 It was moved by Davis, seconded by Gonzales, that Resolution No. 5557 be approved and adopted. Motion carried. Warrant Register No. 750 covering claims and demands presented during the period of September 16 thru 30, 1988, which includes Demand Nos. 19216 thzu 19610 ( inclusive) excluding Void Demand Nos. 19243 thru 19474 (inclusive), 19560, 19571 and 19604, excluding Light & Power Defrl611da drawn on the Firat Int.erBtat...e B~.:nk totaling $410,402.44 (accounting period October 1988), was examined and audited. I It was moved by Ybarra, seconded by Davis, that Warrant Register No. 750 be approved and payment authorized for claims and demands totaling $410,402.44 excluding Light and Power Demands. Motion carried. Warrant Register No. 750 covering claims and demand presented during the period of September 16 thru 30, 1988, which includes Light and Power Demand Nos., as listed below drawn on the First Interstate Bank totaling $732,595.11 (accounting period October 1988) was examined and audited. 19219 19500 19521 19546 19559 19586 19220 19503 19527 19552 19570 19587 19222 19504 19533 19533 19575 19592 19239 19505 19534 19554 19577 19594 19242 19506 19536 19555 19582 19596 19477 19514 19542 19556 19583 19602 19482 19517 19543 19558 19585 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 750 be approved and payment authorized for claims and demands listed above totaling $732,595. 11. Motion carried. Councilman Davis abstained from votins and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. At this time, 6:22 p.m., it was moved by McCormick, seconded by Davis, that the Council recess to Closed Session pursuant to Government Code Sections 54956.9(a) and 54956.9(b)(1). Motion carried. All persons with the exception of the City Clerk, City Attorney, Director of Community Services and the Director of Water & Power were excused from Closed Session The Director of Water & Power was excused at 6:48 p.m. The Director of Community Services was excused at 7: 15 p. m. I Councilman Davis was excused at 7: 16 p. m. Councilman Davis resumed his seat on the ColUlcil, the time being 7:38 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 7: 42 p. m. Motion carried. There being no further business to come before the Council at this time it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. A~ //-:7~Y ~. Bruce V. Malkenhorst , City Clerk 1785