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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. 1883 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. 1884 City Council Minutes page 3 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. 1885 I I 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. 1896 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: .~ / '/ -' /i//'-'" t// r(- 1:.. /~ // Bruce V. Malkenhorst City Clerk 1887