19900925 Regular City Council Meeting - Minutes
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MINUTES OF THE ADJOURNED CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD SEPTEMBER 25, 1990
AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON
CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, McCormick, Davis, 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 September 4, 1990, be approved as
submitted and adopted. Motion carried.
It was moved by Gonzales, seconded by McCormick, that the
minutes of the City Council Meeting held September 18, 1990, be
approved as submitted and adopted. Motion carried.
At this time, the Mayor asked if there was anyone in the
audience who wished to address the City Council on any matters listed
on the Agenda other than with regard to any Public Hearing that may
be listed.
There was no one present in the audience who wished to
address the City Council on any matters listed on the Agenda.
ORDINANCE NO. 991 - An Ordinance of the City Council of the
City of Vernon Amending the Code of the City of Vernon, California
1959 By Amending Sections 15.36 and 15.37 and By Adding New section
15.37-1 to Chapter 15 of Said Code Relating to the Establishment of a
Business License Tax for Businesses Engaged in Hazardous Waste Recy-
cling, Treatment, Storage or Disposal, Infectious Waste Recycling
Treatment, Storage or Disposal, Waste to Energy and Solid Waste Mater-
ials Processing and Recycling Respectively, and Establishing a Date
for an Election to be Held to Approve the Levy of Said Business License
Tax, was read by title by the City Clerk for a SECOND AND FINAL READING.
It was moved by McCormick, seconded by Davis, that Ordi-
nance No. 991 be approved and adopted. Motion carried.
Ayes:
Noes:
Absent:
Malburg, Ybarra, McCormick, Davis, Gonzales
None
None
Consideration of a Power Sale Agreement with the Los
Angeles Department of Water and Power (LADWP) for the purchase of 16
mW of Capacity and Associated Energy from January 1, 1991 through
December 31, 1992. It is anticipated that staff will recommend the
approval of said Agreement and request the adoption of the following
resolution. (Deferred from the City Council Meeting held September
18, 1990.)
RESOLUTION NO. 5824 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a Power
Sale Agreement By and Between the City of Vernon and Los Angeles
Department of Water and Power (LADWP). (Deferred from the City
Council Meeting held September 18, 1990).
It was moved by Ybarra, seconded by McCormick, that the
matter of a Power Sale Agreement with the Los Angeles Department of
Water and Power and Resolution No. 5824 be deferred to the next City
Council Meeting. Motion carried.
RESOLUTION NO. 5829 - A Resolution of the City Council of
the City of Vernon, California, Requesting the Board of Supervisors
of the County of Los Angeles to Render Specified Services to the City
Relating to the Conduct of a Special Municipal Election to be held on
Tuesday, December 11, 1990, was presented.
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City council Minutes
page 2
September 25, 1990
It was moved by Gonzales, seconded by Ybarra, that Resolu-
tion No. 5829 be approved and adopted. Motion carried.
RESOLUTION NO. 5830 - A Resolution of the City Council of
the City of Vernon, California, Calling and Giving Notice of the Hold-
ing of a Special Municipal Election to be held on Tuesday, December
11, 1990, for the Submission to the Qualified Voters a Question Relat-
ing to Business License Taxes for Waste Treatment Facilities within
the City of Vernon, was presented.
It was moved by McCormick, seconded by Davis, that Resolu-
tion No. 5830 be approved and adopted. Motion carried.
RESOLUTION NO. 5831 - A Resolution of the City Council of
the City of Vernon, California, Providing for the Filing of Rebuttal
Arguments for City Measures Submitted at Municipal Elections, was
presented.
It was moved by Ybarra, seconded by Gonzales, that Resolu-
tion No. 5831 be approved and adopted. Motion carried.
RESOLUTION NO. 5832 - A Resolution of the city Council of
the City of Vernon, California, Setting Priorities for Filing a writ-
ten Argument Regarding a City Measure and Directing the City Attorney
to Prepare an Impartial Analysis Regarding a City Measure, was
presented.
It was moved by McCormick, seconded by Ybarra, that Resolu-
tion No. 5832 be approved and adopted. Motion carried.
RESOLUTION NO. 5833 - A Resolution of the City Council of
the City of Vernon, California, Ordering the Canvass of the Special
Municipal Election to be held on Tuesday, December 11, 1990, be Made
by the City Clerk, was presented.
It was moved by Davis, seconded by Gonzales, that Resolu-
tion No. 5833 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
September 19, 1990, was presented, giving notification of a Joint
Public Hearing to be held October 25, 1990, for the purpose of re-
ceiving pUblic comments prior to the adoption of the City of Vernon's
Proposed Industrial Redevelopment Plan.
It was moved by Ybarra, seconded by Davis, that the afore-
mentioned communication from the City Clerk, dated September 19, 1990,
regarding the Joint Public Hearing be received and filed. Motion
carried.
Communication from Kenneth DeDario, Director of Light and
Power, dated September 19, 1990, was presented, requesting authority
and funds for Jorge Somoano, Power Resource Planner, to attend the
Natural Gas Seminar in Ontario, California, October 12, 1990, with an
expense allowance of $71.80.
It was moved by McCormick, seconded by Gonzales, that
authority be granted to issue warrant to Jorge Somoano in the amount
of $71.80 for his attendance at the Natural Gas Seminar in Ontario,
October 12, 1990. Motion carried.
Communication from Kenneth DeDario, Director of Light and
Power, dated September 18, 1990, was presented, requesting authority
and funds for Jim Siegert, Power Plant Superintendent, to attend the
1990 Allison 570/571 Engine User's Meeting in Indianapolis, Indiana,
October 7 to 9, 1990, with an expense allowance of $1,089.25.
It was moved by Gonzales, seconded by Ybarra, that authority
be granted to issue warrant to Jim Siegert in the amount of $1,089.25
for his attendance at the 1990 Allison 570/571 Engine User's Meeting
in Indianapolis, October 7 to 9, 1990. Motion carried.
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City Council Minutes
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September 25, 1990
Communication from Police Chief Louis Rosenkrantz, dated
September 14, 1990, was presented, requesting authority and funds for
Sergeant Mark Moen to attend the Chemical Agents for Instructors
Course in Carlsbad, California, October 8 to 12, 1990, with an expense
allowance of $669.17, of which $452.92 will be reimbursed by POST.
It was moved by McCormick, seconded by Ybarra, that
authority be granted to issue warrant to Mark Moen in the amount of
$669.17, for his attendance at the Chemical Agents for Instructors
Course in Carlsbad, October 8 to 12, 1990. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
September 14, 1990, was presented, requesting authority and funds
for Police Officer David Guy to attend the Western States Auto Theft
Conference in Shell Beach, California, October 12, 1990, with an
expense allowance of $456.39.
It was moved by Davis, seconded by Gonzales, that authority
be granted to issue warrant to David Guy in the amount of $456.39
for his attendance at the Western States Auto Theft Conference in
Shell Beach, October 12, 1990. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
September 19, 1990, was presented, requesting authority and funds for
Gerald W. Forde, Assistant to the City Administrator, to attend the
UCLA Planning and Zoning Clinic in Pasadena, October 3, 1990, with an
expense allowance of $185.00.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant. to Gerald W. Forde in the amount of
$185.00 for his attendance at the UCLA Planning and zoning Clinic in
Pasadena, October 3, 1990. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
September 20, 1990, was presented, advising that Catellus Development
Corporation (formerly Santa Fe Pacific Realty Corporation) is the
owner of two adjoining parcels located at 4900 Loma vista Avenue and
4578 E. 49th Street. They have requested an adjustment of the common
boundary between the parcels. The common boundary would be moved
easterly approximately 10 inches. This request is in accordance with
the California Subdivision Map Act and the General Plan of the City,
and has been reviewed by the City Attorney and the Director of
Community Services; and it is hereby recommended that said Lot Line
Adjustment be approved.
It was moved by Gonzales, seconded by Ybarra, that the com-
munication from the City Clerk, dated September 20, 1990, with regard
to the request for a Lot Line Adjustment by Catellus Development Cor-
poration be received and filed, and his recommendation be approved.
Motion carried.
RESOLUTION NO. 5707 - A Resolution of the City Council of
the City of Vernon Approving "Lot Line Adjustment" Requested by
Catellus Development Corporation, was presented.
It was moved by McCormick, seconded by Davis, that Resolu-
tion No. 5707 be approved and adopted. Motion carried.
The City Clerk advised the Council that the Personnel
Agenda was not placed on the agenda for City Council approval, however
the items which are listed on the Agenda for the Personnel Committee
Meeting to be held September 24, 1990 are items that need to be
approved at this time. The City Clerk asked that the Council consider
this as an emergency item and approve placing it on the Agenda and
taking necessary action.
It was moved by McCormick, seconded by Ybarra, that the
Personnel Committee Agenda be considered an emergency item and placed
on the Agenda at this time for consideration of those items listed
thereon. Motion carried.
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City Council Minutes
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September 25, 1990
Communication from the
September 24, 1990, transmitting
the meeting to be held September
of the actions listed thereon.
Director of Personnel, dated
the Personnel Committee Agenda for
24, 1990, and recommending approval
It was moved by Gonzales, seconded by Davis, that the
recommendations listed on the Personnel Committee Agenda be approved.
Motion carried.
WARRANT REGISTER NO. 799 covering claims and demands
presented during the period of September 16 thru 24, 1990, drawn on
the First Interstate Bank totaling $150,144.61, which includes Demand
Nos. 29201 thru 29208 (inclusive), and 29314 thru 29463 (inclusive)
excluding Light & Power Demands and void Demand Nos. 29318, 29332,
29333 and 29334, (accounting period October, 1990), was examined and
audited.
It was moved by Gonzales, seconded by Davis that Warrant
Register No. 799 be approved and paYment authorized for claims and
demands totaling $150,144.61, excluding Light and Power Demands.
Motion carried.
WARRANT REGISTER NO. 799 covering claims and demands
presented during the period of September 16 thru 24, 1990, drawn on
the First Interstate Bank totaling $1,684,420.02, which includes
Light & Power Demand Nos. as listed below (accounting period October,
1990), was examined and audited.
29201 29326 29348 29362 29384 29406 29426 29444
29202 29327 29350 29363 29386 29407 29431 29450
29203 29329 29351 29367 29394 29411 29437 29456
29315 29335 29352 29374 29396 29412 29441 29459
29316 29345 29355 29375 29398 29420 29442
29325 29346 29361 29376 29399 29425 29443
It was moved by Ybarra, seconded by Mccormick, that Warrant
Register No. 799 be approved and paYment authorized for claims and
demands totaling $1,684,420.02. 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.
Liability Claims of Gonzalo Medina and Farmers Insurance.
(Deferred from the City Council Meeting held September 18, 1990.)
It was moved by Ybarra, seconded by Gonzales, that the
claims of Gonzalo Medina and Farmers Insurance Company be deferred to
Closed Session. Motion carried.
At this time the Mayor declared a recess, the time being
5:25 p.m.
The Council reconvened in regular session at 5:33 p.m., all
members present before the recess again being present.
It was moved by MCCormick, seconded by Ybarra, that the
Council recess to Closed Session, Personnel, pursuant to Government
Code Section 54957, the time being 5:35 p.m. Motion carried.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
All persons with the exception of the City Clerk and the
City Attorney were excluded from Closed Session.
It was moved by Gonzales, seconded by Davis, that the
Council go out of Closed Session and resume regular session, the time
being 5:45 p.m. Motion carried.
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City Council Minutes
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September 25, 1990
It was moved by Ybarra, seconded by McCormick, that the
Council go into Closed Session, Attorney/client privilege, pursuant to
Government Code Sections 54956.9(a), 54956.9(b) (1), and 54956.9(c);
the time being 5:46 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 6:20
p.m.
Councilman Davis resumed his seat on the Council at 6:30
p.m.
Mayor Malburg was excused from Closed Session at 6:30 p.m.
Mayor Malburg resumed his seat on the Council at 6:35 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 6:36 p.m. Motion carried.
The City Administrator recommended that the claim of Mr.
Gonzalo Medina be settled for the sum of $5,500.00 contingent upon the
receipt of appropriate releases, and that the claim for property
damages of Farmers Insurance Company be settled for the sum of
$1394.50 contingent upon the receipt of appropriate releases.
It was moved by Ybarra, seconded by McCormick, that the
aforementioned recommendation made by the City Administrator be
approved. Motion carried.
The City Attorney recommended that the appraisal firm of
Mason and Mason be retained to assist the City Attorney in land
acquisition.
It was moved by Davis, seconded by Ybarra, that the afore-
mentioned recommendation of the City Attorney be approved. Motion
carried. Councilman Malburg abstained from voting on this matter
because it may constitute a conflict of interest. Motion carried.
The City Attorney recommended that the claim of Potlatch and
Simpson Paper Company be denied.
It was moved by Gonzales, seconded by Davis, that the afore-
mentioned recommendation of the City Attorney be approved. 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.
ATTEST:
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Bruce V. Malkenhorst
City Clerk
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