19910604 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD JUNE 4,
1991 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 Mccormick, that the
minutes of the City Council Meeting held May 21, 1991, be approved as
submitted and adopted. Motion carried.
Mayor Malburg presented a Five Year Service pin to Norman
Michiels, Director of Environmental Health.
A Five Year Service pin was accepted by Police Chief
Rosenkrantz on behalf of Police Officer Fernando Rodriguez who was
unable to attend the meeting.
The Mayor called a recess at 5:07 p.m.
The Council reconvened at 5:10 p.m., all members present
before the recess again being present.
Police Department Activity Log for the period May 16 thru ,
31, 1991, was presented.
It was moved by Gonzales, seconded by Davis, that the
Police Department Activity Log for the period May 16 thru 31, 1991 be
received and filed. Motion carried.
Fire Department Activity Report for the period May 16 thru
31, 1991, was presented.
It was moved by McCormick, seconded by Ybarra, that the
Fire Department Activity Report for the period May 16 thru 31, 1991
be received and filed. Motion carried.
At this time, the Mayor asked if there was anyone in the
audience who wished to address the Council on any matters listed on
the Agenda other than with regard to any Public Hearings that may be
listed.
No one in the audience wished to address the City council
on any matter on the Agenda at this time.
ORDINANCE NO. 996 - An Ordinance of the city Council of
the City of Vernon Amending the Code of the City of Vernon,
California 1959 by Amending Chapter 13, Article I, Section 13.2;
Article II, Sections 13.6, 13.7 and 13.22; and by Repealing Chapter
13, Article II, Sections 13.12, 13.17 and 13.18 and By Adding New
Sections 13.17 and 13.18 Dealing with Health and Sanitation, was read
by title for a second and final reading.
It was moved by McCormick, seconded by Ybarra, that
Ordinance No. 996 be approved and adopted. Motion carried.
Ayes:
Noes:
Absent:
Malburg, Ybarra, Mccormick, Davis, Gonzales
None
None
RESOLUTION NO. 5929 - A Resolution of the City Council of
the City of Vernon Establishing Health Permit Fees Applicable to
Garment Manufacturing Establishments in Accordance with Section 13.8
of the Vernon City Code, was presented.
It was moved by Ybarra, seconded by Davis, that Resolution
No. 5929 be approved and adopted. Motion carried.
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City Council Minutes
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June 4, 1991
RESOLUTION NO. 5930 - A Resolution of the City Council of
the City of Vernon Approving Health and Environmental Control
Regulations for Operation of Garment Manufacturing Establishments
Which have been Approved by the Health Officer, was presented.
It was moved by Gonzales, seconded by Mccormick, that
Resolution No. 5930 be approved and adopted. Motion carried.
ORDINANCE NO. 997 - An Ordinance of the City Council of
the City of Vernon Amending the Code of the City of Vernon,
California 1959 by Amending Section 25.39 Relating to Drinking
Fountain Requirements, was read by title for a second and final
reading.
It was moved by Davis, seconded by Ybarra, that Ordinance
No. 997 be approved and adopted. Motion carried.
Ayes:
Noes:
Absent:
Malburg, Ybarra, McCormick, Davis, Gonzales
None
None
Communication from Bruce V. Malkenhorst, City Clerk, dated
May 22, 1991, was presented, advising that the city executed a five
year General Services Agreement with "the County in 1986 which expires
on June 30, 1991. Continuation of this agreement will insure various
services from the County such as bridge inspection and design, road
studies and tract map reviews. This has been reviewed by the
Director of Community Services and the City Attorney, and it is
hereby recommended that a General Services Agreement with the County
of Los City Angeles for a five year period commencing July 1, 1991
through June 30, 1996 be approved and executed.
It was moved by Davis, seconded by Gonzales, that the
aforementioned matter with regard to a General Services Agreement be
deferred to the next City Council meeting to be held June 18, 1991.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
May 23, 1991, was presented, advising that Owens-Brockway Glass
Container has requested permission to operate and maintain one
conveyor tunnel bridge with two signs, one attached on each side.
This has been reviewed by the Director of community Services and the
City Attorney, and it is hereby recommended that the Encroachment
License Agreement with Owens-Brockway Glass container, Inc. be
approved and executed.
It was moved by Ybarra, seconded by Garcia, that the
communication from the City Clerk dated May 23, 1991 be received and
filed; and that the Encroachment License Agreement with Owens-
Brockway Glass Container, Inc. be approved and executed pending
receipt of the corrected insurance certificate. Motion carried.
Communication from Gloria J. Orosco, Secretary to the
Board of Library Trustees, dated May 28, 1991, was presented,
advising that the terms of Library Trustees Leonis C. Malburg and
Thomas A. Ybarra will expire on June 30, 1991, and requesting that
the City Council reappoint Leonis C. Malburg and Thomas A. Ybarra as
Library Trustees for a new three-year term to be effective July 1,
1991.
It was moved by McCormick, seconded by Davis, that the
communication from the Secretary to the Board of Library Trustees
dated May 28, 1991 be received and filed and her request be approved.
Motion carried.
RESOLUTION NO. 5931 - A Resolution of the City Council of
the City of Vernon Reappointing Leonis C. Malburg and Thomas A. Ybarra
to Serve as Trustees on the Board of Library Trustees, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 5931 be approved and adopted. Motion carried.
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City Council Minutes
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June 4, 1991
Communication from Victor H. Vaits, Director of Community
Services, dated May 28, 1991, was presented, transmitting a fully
executed Grant Deed from Milton Dyke, Jr. and John Charles Dyke for a
piece of land (approximately 1290 square feet) located at the
northwest corner of District Boulevard and Maywood Avenue to be used
for street purposes. This has been reviewed by the City Attorney,
and it is hereby recommended that the Grant Deed be accepted and the
Certificate of Acceptance be approved and executed.
It was moved by McCormick, seconded by Ybarra, that the
communication from the Director of Community Services dated May 28,
1991 be received and filed; that the Grant Deed be accepted; and that
the Certificate of Acceptance be approved and executed. Motion
carried.
Communication from David E. Barnhart, Southeast Area
Director of the Los Angeles County Transportation Committee, dated
April 19, 1991, was presented, asking the City'S support of their
request for federal government funding for full grade separation
and/or improvements of grade crossings for the Los Angeles-San Diego
Rail Corridor (LOSSAN). Mr. Barnhart advises that this is necessary
due to the expected increase in frequency of commuter rail service
and continuation of freight service.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the Southeast Area Director of the LACTC, dated
April 19, 1991, be received and filed and that a resolution be
adopted supporting Federal funding with regard to this matter.
Motion carried.
RESOLUTION NO. 5932 - A Resolution of the City Council of
the City of Vernon Supporting Full Grade Separation of Rail-Highway
and Rail-Rail Crossings in the Los Angeles-San Diego Rail Corridor
and Pursuit of Federal Financial Participation in this Effort, was
presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 5932 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
May 30, 1991, was presented, advising that the Lions Club of Vernon
is requesting a Variance from the Uniform Fire Code, 1988 Edition,
Section 78.102(b) to install a fireworks stand and conduct the sale
of fireworks at property located at 4515 S. Soto Street from June 30
thru July 4, 1991. This has been reviewed by the Fire Chief, and it
is hereby recommended that the Variance be granted subject to the
normal conditions imposed by the Fire Department.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated May 30, 1991 be received and
filed and that the Variance be granted. Motion carried.
Communication from Janet Stubbs, South Gate City Clerk,
dated May 24, 1991, was presented, transmitting their Resolution No.
4970 which was adopted May 13, 1991: "A Resolution of the City
Council of the City of South Gate Recommending Removal of the 1991
League of California Cities Fall Conference From the City and County
of San Francisco, California."
It was moved by McCormick, seconded by Gonzales, that the
communication from the city Clerk of South Gate dated May 24, 1991 be
received and filed. Motion carried.
Communication from Janice Warner, Rosemead City Clerk,
dated May 29, 1991, was presented, transmitting their Resolution No.
91-24 which was adopted on May 14, 1991: "A Resolution of the City
Council of the City of Rosemead Recommending Removal of the 1991
League of California cities Fall Conference from the City and County
of San Francisco, California."
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City Council Minutes
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June 4, 1991
It was moved by McCormick, seconded by Ybarra, that the
communication from the City Clerk of Rosemead dated May 14, 1991, be
received and filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
May 30, 1991, was presented, requesting authority and funds for
himself, Mayor Pro Tem Thomas Ybarra and Councilmen William Davis and
William McCormick to attend the League of California cities Mayors
and Councilmembers Forum in Monterey, California, July 10-12, 1991,
with an expense allowance of $810 each.
It was moved by Gonzales, seconded by Davis, that
authority be granted for the aforementioned City officials to attend
the League of California cities Mayors and Councilmembers Forum in
Monterey, July 10-12, 1991, with an expense allowance of $810 each.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated May 30, 1991, was presented, transmitting the Agenda
for the Personnel Committee Meeting to be held June 3, 1991, for
approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Ybarra, that the
recommendations listed on the Agenda for the Personnel Committee
Meeting held June 3, 1991, be approved as submitted with the exception
of the matter pertaining to the Dress Code which was deferred by the
Personnel Committee to their next meeting. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 30, 1991, was presented, transmitting the Agenda
for the Adjourned Finance Committee Meeting to be held June 3, 1991,
for approval of the recommendations contained therein.
It was moved by Davis, seconded by Gonzales, that the
recommendations listed on the Agenda for the Adjourned Finance
Committee Meeting held June 3, 1991, be approved as submitted.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 30, 1991, was presented, transmitting the Minutes
of the Adjourned Finance Committee Meetings held May 23, 28, and 29,
1991, for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Gonzales, that the
minutes of the Adjourned Finance Committee Meetings held May 23, 28,
and 29, 1991, be approved as submitted. Motion carried.
WARRANT REGISTER NO. 815 covering claims and demands
presented during the period of May 17 thru 30, 1991, drawn on the
First Interstate Bank totaling $252,292.80, which includes Demand
Nos. 32570 thru 32726 (inclusive), excluding Light & Power Demands
and void Demands as listed below (accounting period June, 1991) was
examined and audited:
32572
32604
32605
32602
32603
It was moved by Davis, seconded by McCormick, that Warrant
Register No. 815 be approved and payment authorized for claims and
demands totaling $252,292.80, excluding Light & Power Demands.
Motion carried.
WARRANT REGISTER NO. 815 covering claims and demands
presented during the period of May 17 thru 30, 1991, drawn on the
First Interstate Bank totaling $3,647,465.12, which includes Light &
Power Demand Nos. as listed below (accounting period June, 1991) was
examined and audited:
32574
32576
32577
32578
32579
32720
32726
32629
32690
32692
32697
32700
32591
32592
32599
32600
32601
32628
32630
32633
32643
32646
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City Council Minutes
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June 4, 1991
32580
32581
32583
32588
32589
32590
32614
32617
32619
32623
32624
32627
32657
32658
32661
32666
32672
32673
32705
32708
32709
32712
32716
32717
It was moved by Ybarra, seconded by Gonzales, that Warrant
Register No. 815 be approved and payment authorized for claims and
demands totaling $3,647,465.12. 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.
Consideration of a Gas Sales Service Agreement with
SoCalGas.
David B. Brearley, City Attorney, briefly addressed the
City Council on this matter.
RESOLUTION NO. 5935 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a Gas
Service Agreement By and Between the City of Vernon and Southern
California Gas Company (SOCALGAS), was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 5935 be approved and adopted. Motion carried.
Consideration of a Power Sale Agreement with Salt River
Project.
David B. Brearley, City Attorney, addressed the City
Council and briefly summarized this matter.
RESOLUTION NO. 5933 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a Firm
Power Sale Agreement By and Between the City of Vernon and the Salt
River Project Agricultural Improvement and Power District, was
presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 5933 be approved and adopted. 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.
Consideration of a Transmission Service Agreement with Los
Angeles Department of Water and Power for Salt River Project Power
Sale Deliveries.
RESOLUTION NO. 5934 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a Firm
Transmission Service Agreement By and Between the City of Vernon and
Los Angeles Department of Water and Power (LADWP), was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 5934 be approved and adopted. 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.
The Mayor called a recess, the time being 5:50 p.m.
The Council reconvened in regular session at 6:00 p.m.,
all members present before the recess again being present.
It was moved by McCormick, seconded by Gonzales, that the
Council recess to Closed Session Attorney/Client privilege pursuant
to Government Code section 54956.9(a), the time being 6:01 p.m.
Motion carried.
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City Council Minutes
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June 4, 1991
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.
Councilman Davis was excused from Closed Session at 6:05
p.m.
Councilman resumed his seat on the at 6:12 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 6:15 p.m. Motion carried.
The city Attorney reported that the County Counsel's
Office of the County of Los Angeles had indicated that the following
company had served the county with a Summons and Complaint disputing
the Board of Equalization's assessment of property to the affected
company which may affect a potential refund of taxes received by
the City of Vernon: Pacific Bell v. State Board of Equalization, et
ale (SCSC Case No. 699 720); and Pacific Bell v. State Board of
Equalization, et ale (SCSC Case No. 701 796).
It was moved by Ybarra, seconded by Gonzales that the
County Counsel's office of the County of Los Angeles is authorized to
respond to these matters on behalf of the City of Vernon. Motion
carried.
There being no further business to come before the Council
at this time it was moved by McCormick, seconded by Davis, that the
meeting adjourn. Motion carried.
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~GLeonis C. Ma burg
Mayor
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Bruce V. Malkenhorst
City Clerk
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