19890502 Regular City Council Meeting - Minutes
MINUTES OF THE MEETING OF THE CITY
COUNCIL OF THE CITY OF VERNON HELD
MAY 2, 1989 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, Gonzales, McCormick, Davis
MEMBERS ABSENT: None
I
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Gonzales, that the
minutes of the City Council Meeting held April 18, 1989, be
approved as submitted and adopted. Motion carried.
Police Department Activity Log for the period ~pril 15
thru 30, 1989, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period April 15 thru 30,
1989, be received and filed. Motion carried.
Fire Department Activity Report for the period April 15
thru 30, 1989, was presented.
~t was moved by Ybarra, seconded by Davis, that the Fire
Department Activity Report for the period April 15 thru 30, 1989,
be received and filed. Motion carried.
At this time the Mayor asked if anyone in the audience
wished to address the Council on any matters listed on today's
agenda, other than with regard to the hearings.
There was no one present who wished to address the
Council on any matter listed on the agenda.
The Mayor declared that the Hearing to consider the
disability retirement of Ray Groom was opened and requested the
City Administrator/City Clerk give his report.
The City Clerk briefly summarized the report submitted by
the Risk Manager dated May 1, 1989 and recommended tbat a
disability retirement for Mr. Groom be approved based on the
medical report.
It was moved by Ybarra, seconded by McCormick, that the
aforementioned report be received and filed. Motion carried.
I
RESOLUTION NO. 5616 - A Resolution of the City Council
of the City of Vernon Determining the Industrial Disability
Retirement of Ray Groom a Miscellaneous Employee of the City of
Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that the
City Administrator/City Clerk recommendation be approved and that
Resolution No. 5616 be approved and adopted. Motion carried.
ORDINANCE NO. 973 - An Ordinance of the City Council of
the City of Vernon Adopting a Comprehensive zoning Ordinance of
the City of Vernon, Establishing Zoning Districts in the City and
Regulating and Restricting the Use, Size and the Location of
Buildings and Improvements on Land; the Use of Land and Open
Space; Adopting a Map Showing Said Zoning Districts, Defining the
Terms used in the Ordinance; Providing for its Adjustment,
Amendment and Enforcement, Prescribing Penalties for Violations;
and Repealing all Ordinances in Conflict Therewith, was read by
title by the City Clerk for a Second and Final Readjng.
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City Council Minutes
page 2
May 2, 1989
The Mayor asked the Director of Community Services if
there were any comments of any sort received with regard to this
matter.
Mr. Vaits advised the City Council that he had received
no further comments or communications with regard to this
Ordinance.
It was moved by McCormick, seconded by Ybarra, that
Ordinance No. 973 be approved and adopted. Motion carried.
I
Ayes:
Noes:
Absent:
Malburg, Ybarra, Davis, McCormick, Gonzales
None
None
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated April 27, 1989, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held May 1,
1989, for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by Gonzales, that the
matter of the Personnel Committee Agenda be deferred to after
Closed Session. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 27, 1989, was presented, advising that in accordance
with Government Code Sections 65400 and 65401; and Public Resour-
ces Code Section 21081.6 the City is required to report and moni-
tor the implementation of the Environmental Impact Report. This
matter has been reviewed by the Director of Community Services
and the City Attorney's office and it is hereby recommended that
a resolution be adopted dealing with reporting and monitoring
program for implementation of the Environmental Impact Report.
It was moved by Gonzales, seconded by Ybarra, that a
resolution be adopted as recommended and the above communication
from the City Clerk be received and filed. Motion carried.
RESOLUTION NO. 5612 - A Resolution of the City Council
of the City of Vernon Adopting a Reporting and Monitoring Program
for Mitigation Measures of Environmental Effects, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 5612 be approved and adopted. Motion carried.
I
Communication from Lewis Adams, Director of Water and
Power, dated April 26, 1989, was presented, transmitting an
original copy of the California Oregon Transmission project
Development Agreement - Amendment Number 2, and recommending that
said Agreement be approved and the Mayor and City Clerk
authorized to execute same.
Lewis Adams briefly addressed the City Council on this
matter.
David B. Brearley, City Attorney, also addressed the
City Council on this matter.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the Director of Water & Power and the afore-
mentioned agreement be received and filed, and that the agreement
be approved and the Mayor and City Clerk 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. 5615 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a California-Oregon Transmission Project Development Agreement
Amendment Number 2, was presented.
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City Council Minutes
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May 2, 1989
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5615 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
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 27, 1989, was presented, advising that we have
received a request from Griffith Micro Sciences, Inc., for a
variance from the 1985 Edition of the Uniform Building Code,
Section 2203: Exterior Walls, Openings and Partitions for
property located at 4801 and 4863 50th Street. They are
proposing to cut an opening in the adjacent walls of both
buildings to construct a fork-lift ramp between them. The
company processes medical goods and their operation meets the
zoning requirements. The request has been reviewed by the
Director of Community Services and the Fire Department and it is
hereby recommended that said variance be granted contingent upon
the following conditions:
1. Openings on both buildings shall be protected by
a fire assembly having a three-hour fire protection
rating;
2. Upon change in occupancy, or change in the
nature of the company's operation, the openings
shall be permanently sealed and the ramp removed;
3. Proper permits shall be obtained from the City
before any improvements are constructed.
victor Vaits briefly addressed the City Council on this
matter.
It was moved by Ybarra, seconded by Davis, that a
variance be granted to Griffith Micro Sciences, Inc., contingent
upon the aforementioned listed conditions. Motion carried.
Communication from Lewis Adams, Director of Water &
Power, dated April 26, 1989, was presented, requesting authority
and funds for Jorge Somoano, Electrical Engineer Associate, to
attend the Mead-Adelanto/Mead Phoenix meeting in Sacramento May
9, 10, 11 and 12, 1989 with an expense allowance of $649.53.
It was moved by Davis, seconded by Gonzales, that
authority be granted to issue warrant to Jorge Somoano in the
amount of $649.53 for his attendance at the Mead-Adelanto/Mead
Phoenix meeting in Sacramento May 9, 10, II, and 12, 1989.
Motion carried.
I
Communication from Lewis Adams, Director of Water &
Power, dated April 20, 1989, was presented, requesting authority
and funds for the personnel listed below to attend the ILEX Users
Meeting in San Jose, May 16, 17 and 18, 1989, with an expense
allowance of $450.88 each.
1. Curtis Kirkland, Substation Test Technician
2. Pamela Maddox, Light & Power Department
3. Dick Sieben, Electrical Engineer, Controls
It was moved by Ybarra, seconded by McCormick, that
authority be granted to issue warrants to the above listed
personnel in the amount of $450.88 each for their attendance at
the ILEX Users Meeting in San Jose, May 16, 17, and 18, 1989.
Motion carried.
Communication from Louis Rosenkrantz, Acting Chief of
Police, dated April 25, 1989, was presented, requesting authority
and funds for Sgt. Steve Towles to attend the Search Warrant
Course at Golden West Academy in Huntington Beach May 10, 1989
with an expense allowance of $26.00.
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I
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City Council Minutes
page 4
May 2, 1989
It was moved by McCormick, seconded by Gonzales, that
authority be granted to issue warrant to Sgt. Steve Towles in the
amount of $26.00 for his attendance at the Search Warrant Course
in Huntington Beach May 10, 1989. Motion carried.
WARRANT REGISTER NO. 764 covering claims and demands
presented during the period of April 16 thru 30, 1989, which
includes Demand Nos. 22258 thru 22446 (inclusive) and excluding
Void Demand Nos. as listed below, excluding Light and Power
Demands drawn on the First Interstate Bank totaling $173,073.83
(Accounting Period May, 1989), was examined and audited.
22285
22287
22288
22289
22407
22290
22400
22401
22402
22403
22404
22405
22406
It was moved by Ybarra,
Register No. 764 be approved and
and demands totaling $173,073.83
Demands. Motion carried.
seconded by Davis, that Warrant
payment authorized for claims
excluding Light and Power
WARRANT REGISTER NO. 764 covering claims and demands
presented during the period of April 16 thru 30, 1989, which
includes Light & Power Demand Nos. as listed below, drawn on the
First Interstate Bank totaling $4,491,555.59 (Accounting Period
May, 1989), was examined and audited.
22259 22274 22291 22321 22341 22366 22382 22413
22264 22275 22292 22322 22346 22369 22387 22414
22266 22276 22294 22330 22347 22371 22390 22416
22267 22277 22303 22333 22353 22372 22391 22418
22269 22278 22306 22338 22355 22375 22392 22421
22272 22284 22312 22339 22358 22376 22408 22426
22273 22286 22313 22340 22363 22377 22409 22429
22438
22443
It was moved by Gonzales, seconded by Ybarra, that
Warrant Register No. 764 be approved and payment authorized for
claims and demands totaling $4,491,555.59. Motion carried.
Councilman Davis abstained from voting and disqualified himself
because it is reasonably foreseeable that the decision may have
a material financial effect on his source of income.
RESOLUTION NO. 5613 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Ground Lease Between the City of Vernon and 7-UP/RC Bottling
Companies, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 5613 be deferred to the next City Council Meeting.
Motion carried.
Hearing to determine the application for disability retire-
ment in the matter of Luis Espinoza.
It was moved by Davis, seconded by Gonzales, that the
hearing on this matter be deferred to 6:00 p.m. Motion carried.
The Mayor declared that the Hearing to determine the
application for disability retirement in the matter of Luis
Espinoza (deferred from earlier this meeting), the time being
6:05 p.m., was opened and requested that the City
Administrator/City Clerk give a report.
The City Clerk/City Administrator briefly summarized
the doctor's reports submitted for the City Council and
recommended that the Disability Retirement be approved based on
the medical reports.
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City Council Minutes
page 5
May 2, 1989
It was moved by Ybarra, seconded by Gonzales, that the
above referenced communications be received and filed. Motion
carried.
RESOLUTION NO. 5614 - A Resolution of the City Council
of the City of Vernon Determining the Industrial Disability
Retirement of Luis A. Espinoza, a Local Safety Member Employed by
the City of Vernon (Government Code Sections 21024 and 21025, was
presented.
I
It was moved by McCormick, seconded by Davis, that
Resolution No.' 5614 be approved and adopted. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
Council go into Closed Session, Personnel, pursuant to Government
Code Section 54957, the time being 6:10 p.m. Motion carried.
All persons with the exception of the City Clerk and
City Attorney were excluded from Closed Session.
The Mayor ordered that all communications to and from
Closed Session be deemed privileged and confidential.
It was moved by Gonzales, seconded by McCormick, that
the Council go out of Closed Session and resume regular session,
the time being 6:27 p.m.. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
Council go into Closed Session, Attorney/Client Privilege,
pursuant to Government Code Section 54956.9(a), the time being
6:28 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 deemed privileged and confidential.
Councilman Davis was excused from Closed Session at 6:34
p.m.
Councilman Davis resumed his seat on the Council the
time being 7:00 p.m.
It was moved by McCormick, seconded by Ybarra, that the
Council go out of Closed Session and resume regular session the
time being 7:03 p.m. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the Personnel Committee Agenda for the meeting to be held May 1,
1989, be approved. Motion carried.
It was moved by Ybarra, seconded by McCormick, that
Sergio Valenzuela be terminated based on his failure to pass a
pre-employment physical. 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.
~~.
Leonis C. Malb rg
ayor
ATTEST:
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Bruce V. Malkenhorst
City Clerk
1887