19910806 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL TING
OF THE CITY OF VERNON HELD AUGUST 6,
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, Gonzales, Davis
MEMBERS ABSENT: McCormick
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 July 16, 1991, be approved
as submitted and adopted. Motion carried.
The Mayor presented a Ten Year Service pin to Richard
Stoykovich, Utilityman in the Community Services Department.
The Mayor called a recess at 5:10 p.m.
The Council reconvened at 5:12 p.m., all members present
before the recess again being present.
Police Department Activity Log for the period July 15
thru 31, 1991, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period July 15 thru 31, 1991,
be received and filed. Motion carried.
Fire Department Activity Report for the period July 15
thru 31, 1991, was presented.
It was moved by Ybarra, seconded by Davis, that the Fire
Department Activity Report for the period July 15 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.
There was no one in the audience who wished to address
the City Council on any matter on the Agenda at this time.
It was moved by Ybarra, seconded by Davis, to open the
Public Hearing to consider a request from Concord Enterprises, Inc.
for a Variance to utilize non-conforming truck docks at property
located at 2957 46th Street, the time being 5:14 p.m. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 30, 1991, was presented, advising that Concord Enterprises
Inc., has requested a Variance from the Comprehensive Zoning
Ordinance, section 26.4.2-8, Development Standards, for the building
located at 2957 46th Street and transmitting the following evidence:
1. Application for Variance
2. Notice of Public Hearing
3. Affidavit of posting and mailing
4. Property owners list statement, "property owners list,
and 300 foot radius map
5. Engineer's Report
The building has nine non-conforming truck docks measuring approxi-
mately nine feet wide and 28 feet from the street right-of-way. The
company is proposing to use only vehicles of a smaller length at
these docks. This has been reviewed by the Director of community
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City Council Minutes
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August 6, 1991
services and the City Attorney, and it is hereby recommended that
the Variance be granted contingent upon the following "Conditions":
a. The usage of the four most westerly and two most
easterly non-conforming loading spaces be limited
to vehicles with a maximum length of 28 feet; and
b. The remaining non-conforming loading spaces shall
either be permanently sealed or recessed 105 feet
from the street right-of-way.
victor Vaits, Director of Community services, addressed
the City council and briefly summarized this matter.
The Mayor asked if there were any questions of Mr. vaits.
There were no questions.
It was moved by Gonzales, seconded by Davis, to close the
Public Hearing regarding Concord Enterprises, Inc., the time being
5:17 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk submitted during the Public
Hearing, dated July 30, 1991, be received and filed as evidence; and
that the Variance be granted contingent upon the Conditions (a and
b) set forth. Motion carried.
RESOLUTION NO. 5962 - A Resolution of the City Council of
the City of Vernon Granting a Variance to Concord Enterprises, Inc.
from section 26.4.2-8, Development Standards, of the Comprehensive
Zoning Ordinance, for property located at 2957 46th Street in the
City of Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that Resolu-
tion No. 5962 be approved and adopted. Motion carried.
ORDINANCE NO. 999 - An Ordinance of the City Council of
the city of Vernon Amending sections 16.18-1 and 16.18-2 of the Code
of the City of Vernon, California, 1959, and Adding New sections
16.18-3 and 16.18-4, to Retain and Change Speed Limits on certain
streets, was read by title by the City Clerk for a SECOND AND FINAL
READING.
It was moved by Davis, seconded by Ybarra, that Ordinance
No. 999 be approved and adopted. Motion carried.
Ayes:
Noes:
Absent:
Malburg, Ybarra, Gonzales, Davis
None
McCormick
Consideration of retirement of former Fire Engineer Craig
Edman.
The City Clerk advised the Council that all doctors'
reports of Mr. Edman have been reviewed and based on their diagnoses
and that he is unable to substantially perform his duties as Fire
Engineer, and that his disability is not industrially related, it is
hereby recommended that a "Non-Industrial Disability Retirement" for
Mr. Edman be approved.
It was moved by Ybarra, seconded by Gonzales, to approve
the Non-Industrial Disability Retirement of Craig Edman. Motion
carried.
RESOLUTION NO. 5967 - A Resolution of the City Council of
the City of Vernon Determining the Non-Industrial Disability Retire-
ment of Craig Edman, a Local Safety Member Employed by the City of
Vernon (Government Code sections 21024 and 21025), was presented.
It was moved by Gonzales, seconded by Ybarra, that Resol-
ution No. 5967 be approved and adopted. Motion carried. t'~~a~
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August 6, 1991
Communication from Police Chief Louis Rosenkrantz dated
July 12, 1991, was presented, requesting authority and funds for
Police Officer Norman Lindstrom to attend the Hazardous Materials
Transportation Enforcement Course at Los Angeles Sheriff's Depart-
ment Star Center, August 26-30, 1991, with an expense allowance of
$132.00 of which $92.00 will be reimbursed by POST.
It was moved by Davis, seconded by Gonzales, that
authority be granted for Officer Norman Lindstrom to attend the
Hazardous Materials Transportation Enforcement Course at Los Angeles
Sheriff's Department Star Center, August 26-30, 1991, with an
expense allowance of $132. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
July 15, 1991, was presented, requesting authority and funds for the
police officers listed below to attend the Tactical Communication
(Verbal Judo) Course at San Bernardino Sheriff's Department, August
20-22, 1991, with an expense allowance of $146.60 each, of which
$117.60 will be reimbursed by POST:
Sergeant Michael Chavez
Officer Daniel Vincent
Officer Daniel O'Neil
Officer Michael Ogawa
Officer Charles Bandini
Officer Scott Shonts
It was moved by Ybarra, seconded by Davis, that authority
be granted for the above listed Police Officers to attend the Tac-
tical Communication Course at San Bernardino Sheriff's Department,
August 20-22, 1991, with an expense allowance of $146.60 each.
Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
July 15, 1991, was presented, requesting authority and funds for the
police officers listed below to attend the Tactical Communication
(Verbal Judo) Course at San Bernardino Sheriff's Department, August
29-31, 1991, with an expense allowance of $146.60 of which $117.60
will be reimbursed by POST:
Officer Gonzalo Martinez
Officer Jeffrey Bullock
Officer Jeffrey Fagin
Officer Steven Wiles
Officer Penny Turner
Officer David Cheng
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for the above listed Police Officers to attend
the Tactical Communication Course at San Bernardino Sheriff's
Department, August 29-31, 1991, with an expense allowance of $146.60
each. Motion carried.
Communication from Kenneth J. DeDario, Director of Light
and Power, dated July 23, 1991, was presented, requesting authority
and funds for Diesel Operators Richard Recano and Luis Reynoso to
attend the E.P.A. Air Pollution Control Recertification in San
Diego, August 14, 1991, with an expense allowance of $136.50 and
$79.00 respectively.
It was moved by Ybarra, seconded by Davis, that authority
be granted for Richard Recano and Luis Reynoso to attend the E.P.A.
Air Pollution Control Recertification in San Diego, August 14, 1991,
with an expense allowance of $136.50 and $79.00 respectively.
Motion carried.
Communication from Norman Michiels, Director of Environ-
mental Health, dated July 23, 1991, was presented, requesting
authority and funds for Leonard Grossberg, Environmental specialist,
to attend the 1991 California Underground Storage Tank Conference in
San Diego, September 3-5, 1991, with an expense allowance of
$532.30.
It was moved by Gonzales, seconded by Davis, that
authority be granted for Leonard Grossberg to attend the 1991
California Underground Storage Tank Conference in San Diego,
September 3-5, 1991 with an expense allowance of $532.30. Motion
carried.
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Communication from Police Chief Louis Rosenkrantz, dated
July 24, 1991, was presented, requesting authority and funds for
Police Detective Michael Gillman to attend the California Metal
Investigator Association Training Seminar in South Lake Tahoe,
October 4-6, 1991, with an expense allowance of $510.18.
It was moved by Davis, seconded by Gonzales, that
authority be granted for Detective Michael Gillman to attend the
California Metal Investigator Association Training Seminar in South
Lake Tahoe, October 4-6, 1991, with an expense allowance of $510.18.
Motion carried.
Communication from Bruce V. Malkenhorst, city Clerk,
dated July 30, 1991, was presented, requesting authority and funds
for himself and the City officials listed below to attend the League
of California Cities Annual Conference in San Francisco, October 13-
16, 1991, with an expense allowance of $1055 each:
Leonis Malburg, Mayor
Thomas Ybarra, Mayor Pro Tem
William Davis, Councilman
William MCCormick, Councilman
Hilario Gonzales, Councilman
victor Vaits, Director of community Services
Kenneth DeDario, Director of Light and Power
Louis Rosenkrantz, Police Chief
Larry Spadt, Fire Chief
David B. Brearley, City Attorney
It was moved by Ybarra, seconded by Davis, that authority
be granted for the aforementioned City Officials to attend the
League of California cities Annual Conference in San Francisco,
October 13-16, 1991, with an expense allowance of $1055 each.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 30, 1991, was presented, advising that spiniello
Construction Company is presently leasing City property on 55th
Street and they are proposing to lease an additional 17,250 square
feet at the same location. This has been reviewed by the Director
of Community Services and the City Attorney, and it is hereby recom-
mended that approval be granted to lease the additional property to
Spiniello Construction Company for a new total monthly payment of
$3170.
It was moved by Gonzales, seconded by Ybarra, that the
communication from the City Clerk dated July 30, 1991, be received
and filed; and that his recommendation be approved. Motion carried.
RESOLUTION NO. 5968 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Amendment to Ground Lease By and Between the City of Vernon and
Spiniello Construction, was presented.
It was moved by Ybarra, seconded by Davis, that Resolu-
tion No. 5968 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 30, 1991, was presented, transmitting a Water Right
License and Agreement with Domtar Gypsum which allows the City the
rights to 500 acre feet of water for a one year period effective
July 1, 1991 thru June 30, 1992. The cost is $116.25 per acre foot
based on the exchange pool. Pumping cost is $51 per acre foot and a
fee of $100 per acre foot must be paid to the Central and West Basin
Replenishment District; therefore, the total cost to the City is
approximately $267.25 per acre foot. This has been reviewed by the
Director of Community Services and the City Attorney, and it is
hereby recommended that said agreement be approved and executed.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated July 30, 1991, be received
and filed; and that his recommendation be approved. Motion carried.
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August 6, 1991
RESOLUTION NO. 5963 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Water Right License and Agreement By and Between the City of Vernon
and Domtar Gypsum which Grants the City of Vernon a License to
Extract 500 Acre-Feet of Domtar Gypsum's Allowed Pumping Allocation
for the period July 1, 1991 through June 30, 1992, was presented.
It was moved by Davis, seconded by Gonzales, that Resolu-
tion No. 5963 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 30, 1991, was presented, recommending that authority be
granted to sell surplus City property on Packers Avenue to Smart and
Final, and that the Director of Community Services and the City
Attorney be authorized to prepare escrow instructions.
David B. Brearley, City Attorney, asked that this matter
be deferred to after Closed Session.
It was moved by Ybarra, seconded by Davis, to defer the
matter of surplus City property to after Closed Session. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 30, 1991, was presented, requesting authority and funds
for Utility Clerks, Claudia Padilla and Ana Ceja to attend the class
entitled "Success Skills for Secretaries, Administrative Assistants
and Support Staff" in Monrovia, September 13, 1991, with an expense
allowance of $108.62 and $110.72 respectively.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Claudia Padilla and Ana Ceja to attend the
class entitled "Success Skills for Secretaries, Administrative
Assistants and Support Staff" in Monrovia, September 13, 1991, with
an expense allowance of $108.62 and $110.72 respectively. Motion
carried.
Communication from victor Vaits, Director of Community
Services, dated July 31, 1991, was presented, requesting authority
and funds for Secretary Rose Gonzales to attend the Accelerated
Computer Training "WordPerfect" class in Los Angeles, August 13,
1991, with an expense allowance of $274.20.
It was moved by Davis, seconded by Ybarra, that authority
be granted for Rose Gonzales to attend the Accelerated Computer
Training "WordPerfect" class in Los Angeles, August 13, 1991, with
an expense allowance of $274.20. Motion carried.
Communication from Victor Vaits, Director of Community
Services, dated July 31, 1991, was presented, requesting authority
and funds for Patricia Salerno, Secretary to the Director of
Community Services, to attend the Accelerated Computer Training
"WordPerfect" classes in Los Angeles, August 27 and 29, 1991, with
an expense allowance of $548.40.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Patricia Salerno to attend the Accelerated
Computer Training "WordPerfect" classes in Los Angeles, August 27
and 29, 1991, with an expense allowance of $548.40. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 1, 1991, was presented, transmitting an agreement for
consulting services with ERC Environmental and Energy Services
Company, Inc. and recommending that said agreement be approved and
executed.
victor Vaits, Director of Community Services, addressed the
City Council and briefly summarized this matter.
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August 6, 1991
RESOLUTION NO. 5964 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Agreement for Consulting Services By and Between the City of Vernon
and Servcon, Inc. ("Applicant") and ERC Environmental and Energy
Services Company, Inc. ("Consultant") for the Preparation of an
Environmental Impact Report and Related Services Respecting
Servcon's Vernon Recycling Center.
RESOLUTION NO. 5965 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of an
Indemnification Agreement By and Between the City of Vernon and
Servcon, Inc.
It was moved by Gonzales, seconded by Davis, that the
aforementioned matters with regard to an agreement with ERC Environ-
mental and Energy Services Company, Inc. be deferred to after Closed
Session. Motion carried.
Communication from Larry Spadt, Fire Chief, dated August
1, 1991, was presented, requesting authority and funds for Secretary
Luz Martinez to attend the Accelerated Computer Training
"Wordperfect" classes in Los Angeles, August 27 and 29, 1991, with
an expense allowance of $540.00.
It was moved by Ybarra, seconded by Davis, that authority
be granted for Luz Martinez to attend the Accelerated Computer
Training "WordPerfect" classes in Los Angeles, August 27 and 29,
1991, with an expense allowance of $540.00. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 1, 1991, was presented, advising that the Director of
Environmental Health has informed us that there is a need for a
second independent consultant to assist the City with reviewing Risk
Management and Prevention Plans submitted by businesses who handle
acutely hazardous materials. Submitted herewith is an Agreement for
Consulting Services By and Between the City of Vernon and Arthur D.
Little Incorporated which has been reviewed by the Director of En-
vironmental Health and the City Attorney, and it is hereby recom-
mended that the agreement be approved and executed.
It was moved by Gonzales, seconded by Ybarra, that the
communication from the City Clerk dated August 1, 1991, be received
and filed; and that his recommendation be approved. Motion carried.
RESOLUTION NO. 5966 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Agreement for Consulting Services By and Between the City of Vernon
and Arthur D. Little, Inc. Providing for Environmental Engineering
Services, was presented.
It was moved by Davis, seconded by Ybarra, that Resolu-
tion No. 5966 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 1, 1991, was presented, advising that the City'S
General Plan must be amended prior to December 31 of this year in
order to be in compliance with State Law. This matter has been
reviewed by the Director of Community Services and the City
Attorney, and it is hereby recommended that the firm of cotton/
Beland Associates be retained to prepare the required revisions to
the General Plan at an estimated cost of $13,000.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated August 1, 1991, be received
and filed; and that his recommendation be approved. Motion carried.
RESOLUTION NO. 5969 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Professional Services Agreement for Preparation of a Proposal to
Amend the Vernon General Plan By and Between the City of Vernon and
Cotton/Beland/Associates, was presented.
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August 6, 1991
It was moved by Davis, seconded by Gonzales, that Resolu-
tion No. 5969 be approved and adopted. Motion carried.
Communication from victor H. Vaits, Director of Community
Services, dated August 1, 1991, was presented, transmitting a fully
executed Grant Deed from NI Industries, Inc. for a five foot (5')
strip of land on the north side of 54th Street and a portion of the
northwest corner of 54th Street and Boyle Avenue (approximately 6887
square feet). This has been reviewed by the City Attorney and it is
hereby recommended that the Grant Deed be accepted and that the
certificate of Acceptance be approved and executed.
It was moved by Ybarra, seconded by Gonzales, to accept
the Grant Deed from NI Industries, Inc., and that the Certificate of
Acceptance be approved and executed. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated August 1, 1991, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held August 5,
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 Adjourned Personnel
Committee Meeting held August 5, 1991, be approved as submitted
(with the exception of (1) the incident involving the on-duty
accident of Officer David Lopez; and (2) the merit step increase for
Officer Michael Johnson). Motion carried.
ORDINANCE NO. 998 - An Ordinance of the City Council of
the City of Vernon Authorizing an Amendment to the Contract between
the City Council of the City of Vernon and the Board of Administra-
tion of the Public Employees' Retirement System ("PERS"), was read
by title for a FIRST READING.
It was moved by Ybarra, seconded by Davis, that Ordinance
No. 998 be approved for a First Reading. Motion carried.
WARRANT REGISTER No. 820 covering claims and demands
presented during the period of July 12 thru August 1, 1991, drawn on
the First Interstate Bank totaling $289,892.78, which includes
Demand Nos. 33307 thru 33546 (inclusive), excluding Light & Power
Demands and void Demand Nos. 33353 thru 33355 (inclusive) and 33507
(accounting period August, 1991) was examined and audited.
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 820 be approved and payment authorized for claims and
demands totaling $289,892.78, excluding Light and Power Demands.
Motion carried.
WARRANT REGISTER NO. 820 covering claims and demands pre-
sented during the period of July 12 thru August 1, 1991, drawn on
the First Interstate Bank totaling $3,580,517.03, which includes
Light & Power Demands Nos. as listed below (accounting period
August, 1991) was examined and audited:
33317
33319
33320
33321
33322
33323
33324
33325
33326
33328
33333
33415
33419
33420
33423
33424
33434
33449
33468
33470
33476
33488
33490
33493
33498
33499
33501
33508
33509
33513
33515
33516
33526
33527
33529
33536
33545
33546
33335
33341
33343
33344
33345
33347
33348
33349
33351
33352
33356
33357
33358
33360
33366
33371
33372
33374
33377
33379
33389
33412
It was moved by Gonzales, seconded by Ybarra, that War-
rant Register No. 820 be approved and payment authorized for claims
and demands totaling $3,580,517.03. 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.
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August 6, 1991
PAYROLL WARRANT REGISTER NO. 419 covering claims and
demands presented during the period of June 16 thru June 29, 1991,
drawn on the First Interstate Bank totaling $671,566.27, which
includes Demand Nos. 6205 thru 6222 (inclusive), (accounting period
June Paid in July 1991) was examined and audited:
It was moved by Ybarra, seconded by Davis, that Payroll
Warrant Register No. 419 be approved and payment authorized for
claims and demands totaling $671,566.27. Motion carried.
Consideration of a proposed amendment to the existing
California Department of Water Resources Power Sale Agreement.
David B. Brearley, City Attorney, addressed the City
Council and briefly summarized this matter.
RESOLUTION NO. 5970 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Amendment No. 1 to the Power Sale Agreement No. 3 (1991-1993) By and
Between the City of Vernon and the Department of Water Resources of
the State of California, was presented.
It was moved by Ybarra, seconded by Gonzales, that Reso-
lution No. 5970 be approved and adopted. Motion carried. Council-
man 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 City Clerk advised the Council that the following
items should be deferred to Closed Session later this date:
Consideration of settlement in claim of Frank Assad
Consideration of settlement in claim of David Lee Jackson
Consideration of Application for Leave to Present Late
Claim - Estate of Martha Lidia Garces (Martha Garces), Deceased and
the Estate of Martha Garces
Consideration of Application for Leave to Present Late
Claim - Christian Mejia (Christian Garces), Daughter to Martha
Garces (deceased)
Consideration of Application for Leave to Present Late
Claim - Almicar E. Mejia
Consideration of Application for Leave to Present Late
Claim - Luis Marroquin, Son of Martha Garces (deceased)
Consideration of Amended Application for Leave to Present
Late Claim - Estate of Martha Lidia Garces (Martha Garces), Deceased
and the Estate of Martha Garces
Consideration of Amended Application for Leave to Present
Late Claim - Almicar Mejia (Almicar E. Mejia)
Consideration of Amended Application for Leave to Present
Late Claim - Luis Marroquin, Son of Martha Garces (deceased)
Consideration of Amended Application for Leave to Present
Late Claim - Christian Mejia (Christian Garces), Daughter to Martha
Garces (deceased)
Consideration of claim from Employers Mutual Insurance
It was moved by Gonzales, seconded by Davis, that the
preceding claims be deferred to Closed Session. Motion carried.
The Mayor called a recess, the time being 6:10 p.m.
The Council reconvened in regular session at 6:15 p.m.,
all members present before the recess again being present.
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August 6, 1991
It was moved by Ybarra, seconded by Davis that the Coun-
cil go into Closed Session Attorney/Client privilege pursuant to
Government Code Sections 54956.9(a), 54956.9(b) (1), and
54956.9(b) (2), the time being 6:17 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, the
City Attorney and the Director of Community Services were excluded
from Closed Session.
The Director of Community Services was excused from
Closed Session at 6:40 p.m.
Councilman Davis was excused from Closed Session at 6:55
p.m.
Councilman Davis resumed his seat on the Council at 7:00
p.m.
It was moved by Ybarra, seconded by Gonzales, that the
Council go out of Closed Session and resume regular session, the
time being 7:05 p.m. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 1, 1991, was presented, transmitting an agreement for
consulting services with ERC Environmental and Energy Services
Company, Inc. and recommending that said agreement be approved and
executed. (Deferred from an earlier time during this meeting).
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Clerk regarding ERC
Environmental and Energy Services Company, Inc., be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 5964 - A Resolution of the city Council of
the City of Vernon Approving and Authorizing the Execution of an
Agreement for Consulting Services By and Between the City of Vernon
and Servcon, Inc. ("Applicant") and ERC Environmental and Energy
Services Company, Inc. ("Consultant") for the Preparation of an
Environmental Impact Report and Related Services Respecting
Servcon's Vernon Recycling Center, was presented.
It was moved by Gonzales, seconded by Davis, that Resolu-
tion No. 5964 be approved and adopted. Motion carried.
RESOLUTION NO. 5965 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an In-
demnification Agreement By and Between the City of Vernon and
Servcon Inc., was presented.
It was moved by Ybarra, seconded by Gonzales, that Reso-
lution No. 5965 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated July 30, 1991, was presented, recommending that authority be
granted to sell surplus City property on Packers Avenue to Smart and
Final, and that the Director of community Services and the City
Attorney be authorized to prepare escrow instructions. (Deferred
from an earlier time during this meeting).
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned matter regarding the authorization to sell surplus
City property on Packers Avenue be deferred to the next Council
Meeting. Motion carried.
The City Attorney explained to the City Council that the
Western Area Power Administration had filed with the Federal Energy
Regulatory Commission in FERC Docket No. EF91-5091-000 proposed
rates for Boulder Canyon Project power. He further indicated th~t
there was disagreement between the Schedule A and Schedule B
.".
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August 6, 1991
contractors and requested authorization to execute an appropriate
stipulation in the action in order to permit additional time for
the various parties to resolve their differences.
It was moved by Gonzales, seconded by Ybarra, that the
City Attorney be authorized to execute an appropriate stipulation in
FERC Docket No. EF91-5091-000. Motion carried.
Consideration of settlement in claim of Frank Assad
(deferred from an earlier time during this meeting).
It was moved by Ybarra, seconded by Davis, that the liti-
gation with Mr. Frank Assad for personal injuries be settled in the
amount of $11,750.00. Motion carried.
Consideration of settlement in claim of David Lee Jackson
(deferred from an earlier time during this meeting).
It was moved by Gonzales, seconded by Ybarra, that the
claim of Mr. David Lee Jackson for property damage be settled in the
amount of $900 contingent upon the city receiving a fully executed
release. Motion carried.
Consideration of Application for Leave to Present Late
Claim - Estate of Martha Lidia Garces (Martha Garces), Deceased and
the Estate of Martha Garces
It was moved by Davis, seconded by Gonzales, that the
aforementioned Application for Leave to Present Late Claim of Estate
of Martha Lidia Garces (Martha Garces), Deceased and the Estate of
Martha Garces be denied. Motion carried.
Consideration of Application for Leave to Present Late
Claim - Christian Mejia (Christian Garces), Daughter to Martha
Garces (deceased), (deferred from an earlier time in this meeting).
It was moved by Davis, seconded by Gonzales, that the
aforementioned Application for Leave to Present Late Claim of
Christian Mejia (Christian Garces), Daughter to Martha Garces
(deceased) be denied. Motion carried.
Consideration of Application for Leave to Present Late
Claim - Almicar E. Mejia, (deferred from an earlier time during this
meeting) .
It was moved by Davis, seconded by Gonzales, that the
aforementioned Application for Leave to Present Late Claim of
Almicar E. Mejia be denied. Motion carried.
Consideration of Application for Leave to Present Late
Claim - Luis Marroquin, Son of Martha Garces (deceased), (deferred
from an earlier time during this meeting).
It was moved by Davis, seconded by Gonzales, that the
aforementioned Application for Leave to Present Late Claim of Luis
Marroquin be denied. Motion carried.
Consideration of Amended Application for Leave to Present
Late Claim - Estate of Martha ~idia Garces (Martha Garces), Deceased
and the Estate of Martha Garces (deferred from an earlier time
during this meeting).
It was moved by Davis, seconded by Gonzales, that the
aforementioned Amended Application for Leave to Present Late Claim
of the Estate of Martha Lidia Garces (Martha Garces), Deceased and
the Estate of Martha Garces be denied. Motion carried.
Consideration of Amended Application for Leave to Present
Late Claim - Almicar Mejia (Almicar E. Mejia), (deferred from an
earlier time during this meeting).
424.1
I
I
City Council Minutes
page 11
August 6, 1991
It was moved by Davis, seconded by Gonzales, that the
aforementioned Amended Application for Leave to Present Late Claim
of Almicar Mejia (Almicar E. Mejia) be denied. Motion carried.
Consideration of Amended Application for Leave to Present
Late Claim - Luis Marroquin, Son of Martha Garces (deceased)
It was moved by Davis, seconded by Gonzales, that the
aforementioned Amended Application for Leave to Present Late Claim
on behalf of Luis Marroquin, Son of Martha Garces (deceased) be
denied. Motion carried.
Consideration of Amended Application for Leave to Present
Late Claim - Christian Mejia (Christian Garces), Daughter to Martha
Garces (deceased), (deferred from an earlier time during this
meeting).
It was moved by Davis, seconded by Gonzales, that the
aforementioned Amended Application for Leave to Present Late Claim
on behalf of Christian Mejia (Christian Garces), Daughter to Martha
Garces (deceased), be denied. Motion carried.
Consideration of claim from Employers Mutual Insurance
(deferred from an earlier time during this meeting).
It was moved by Ybarra, seconded by Gonzales, that the
City Administrator be authorized to enter into a settlement with
Employers Mutual Insurance Company wherein Employers Mutual
Insurance Company has agreed to pay ninety percent (90%) of the
City's damages relating to the accident that occurred on May 24,
1991, and the City could pay ten percent (10%) of the damages
incurred by the operator of the vehicle. Motion carried
There being no further business to come before the
Council it was moved by Ybarra, seconded by Davis, that the meeting
adjourn. Motion carried.
ATTEST: ,#' _
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Bruce V. Malkenhorst
City Clerk
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eonis C. Malb rg, May
4248