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19910604 Regular City Council Meeting - Minutes I I 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. 11 ~/ oz.., I I City Council Minutes page 2 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. 4213 I I City Council Minutes page 3 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." 4214 I I City Council Minutes page 4 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 4215 I I City Council Minutes page 5 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. 4216 I I City Council Minutes page 6 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. '-~/7PhA--:~~Li<t,Uz..r~ ~GLeonis C. Ma burg Mayor A~~~ Bruce V. Malkenhorst City Clerk 4217