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19911001 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 1, 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, Gonzales, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Gonzales, that the minutes of the Adjourned Regular City Council Meeting held September 23, 1991, be approved as submitted and adopted. Motion carried. The Mayor awarded Five Year Service pins to: Felix Saldana, Utilityman - Community Services Department Jerry Chavez, Utilityman - Community Services Department At this time, the Mayor called a short recess, the time being 5:12 p.m. The Council reconvened in regular session at 5:15 p.m., all members present before the recess again being present. Police Department Activity Log for the period September 16 thru 30, 1991, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period September 16 thru 30, 1991, be received and filed. Motion carried. Fire Department Activity Report for the period September 16 thru 30, 1991, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period September 16 thru 30, 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 matter 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 Mccormick, to open the Public Hearing to consider amending the Comprehensive Zoning Ordinance of the City of Vernon and adopting a Negative Declaration, the time being 5:16 p.m. Motion carried. Victor Vaits, Director of Community Services, addressed the City Council and briefly summarized his following communication regarding amending the Comprehensive Zoning Ordinance. Communication from victor H. vaits, Director of Community Services, dated September 25, 1991, was presented, advising that the Comprehensive Zoning Ordinance should be amended to clarify the regulations governing recycling facilities and to make certain corrections, additions and amendments needed to improve the application of the ordinance. Transmitted herewith are the following documents: 1. Proposed Ordinance No. 1000 outlining the exact changes to the Comprehensive Zoning Ordinance. 4276 I I City Council Minutes Page 2 October 1, 1991 2. Notice of Public Hearing, notification letters and affidavits of posting and mailing. 3. Proposed Negative Declaration and Initial study. The proposed amendments involve the following changes: - Revising the definition of "junk or salvage yard" (Sec. 26.2.9) to eliminate references to conversion or other processing of materials. - Adding a definition of "recycled materials processing facility" (Sec. 26.2.14). Correcting the cross reference in Sec. 26.3.5-2(b) to read 26.4.5-8. Adding "recycled materials processing facility" as a conditionally permitted use in the General Industry (M) zone (Sec. 26.3.5-3). - Adding the word "size" to Sec. 26.4.6-4 to correct a typographical error. - Adding language to Sec. 26.5.2-7 to clarify that a time extension request for a conditional use permit must be applied for prior to expiration of the authorization. - Correcting a typographical error and clarifying the standard conditions for a conditional use permit for a hazardous waste treatment facility and a junk or salvage yard (Sec. 26.5.2-9). - Inserting provisions for continuance of existing uses which under current conditions would require a conditional use permit. These provisions were inadvertently deleted during the 1989 comprehensive zoning ordinance amendment (Sec. 26.5.2-11). - Repealing Chapter 24 of the Vernon City Code relating to "trailer camps" since the zoning ordinance does not permit such uses. It is the opinion of the Director of Community Services that the proposed amendments will pose no adverse effects to the City of Vernon and will not have a significant effect on the environment, and no mitigating measures are required. This has been reviewed by the City Attorney and our consultant Cotton/Beland/Associates, and it is hereby recommended that: (1) the City Council approve the Proposed Negative Declaration in compliance with the California Environmental Quality Act process; (2) a Notice of Determination be filed with the County Clerk; and (3) the Comprehensive zoning Ordinance of the City of Vernon be amended as outlined in Ordinance No. 1000. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing with regard to amending the Comprehensive Zoning Ordinance and approving a Negative Declaration, the time being 5:25 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that: (1) the communication from the Director of Community Services dated September 25, 1991, submitted during the Public Hearing, be received and filed; (2) the City Council approve the Proposed Negative Declaration in compliance with the California Environmental Quality Act process; (3) a Notice of Determination be filed with the County Clerk; and (4) the Comprehensive Zoning Ordinance of the City of Vernon be amended as outlined in Ordinance No. 1000. Motion carried. 4277 I I City Council Minutes page 3 October 1, 1991 RESOLUTION NO. 5995 - A Resolution of the City Council of the City of Vernon Approving the Negative Declaration for Ordinance No. 1000, Which Amends the Comprehensive Zoning Ordinance, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5995 be approved and adopted. Motion carried. ORDINANCE NO. 1000 - An Ordinance of the City Council of the City of Vernon Amending, Correcting, and Changing Various Sections of the Comprehensive Zoning Ordinance of the City of Vernon, was read by title for a First Reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1000 be approved for a First Reading. Motion carried. ORDINANCE NO. 1001 - An Ordinance of the City Council of the City of Vernon Amending Section 15.5 of the Code of the City of Vernon in Order to Integrate the Requirements for Conducting a Business in the City of Vernon, was read by title for a Second and Final Reading. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, McCormick, Gonzales, Davis None None Communication from Kenneth DeDario, Director of Light and Power, dated August 21, 1991, was presented, requesting authority and funds for Senior Water & Power Dispatcher Carlos Fandino and Dispatcher Ricardo Lozano to attend the Western Systems Coordinating Council's Substation Training Course in Riverside, November 11-15, 1991, with an expense allowance of $140 each. It was moved by Davis, seconded by Gonzales, that authority be granted for Carlos Fandino and Ricardo Lozano to attend the Western Systems Coordinating Council's Substation Training Course in Riverside, November 11-15, 1991, with an expense allowance of $140 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 27, 1991, was presented, requesting authority and funds for Office Manager Sharon Duckworth to attend the "Financing Capital Needs" Workshop in Long Beach, November 14-15, 1991, with an expense allowance of $280. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Sharon Duckworth to attend the "Financing Capital Needs" Workshop in Long Beach, November 14-15, 1991, with an expense allowance of $280. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated September 16, 1991, was presented, requesting authority and funds for Lt. Les Brown and Sgt. Tom Igyarto to attend the California Association of Labor Relations Officers' Conference in Morro Bay, November 14-15, 1991, with an expense allowance of $307.75 and $381.35 respectively. It was moved by Davis, seconded by McCormick, that authority be granted for Lt. Les Brown and Sgt. Tom Igyarto to attend the California Association of Labor Relations Officers' Conference in Morro Bay, November 14-15, 1991, with an expense allowance of $307.75 and $381.35 respectively. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated September 16, 1991, was presented, requesting authority and funds for Sergeant Mason Chancey and Officer Dan O'Neil to attend the Orange County Sheriff's Department Lazer Village at the Orange County Sheriff's Training Center, October 18, 1991, with an expense allowance of $112 each of which $111 will be reimbursed by POST. 42?S I I City Council Minutes page 4 October 1, 1991 It was moved by Ybarra, seconded by McCormick, that authority be granted for Sgt. Mason Chancey and Officer Dan O'Neil to attend the Orange County Sheriff's Department Lazer Village at the Orange County Sheriff's Training Center, October 18, 1991, with an expense allowance of $112 each. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated September 23, 1991, was presented, requesting authority and funds for Bob Tang, Assistant Power Engineer, to attend the "Heating, Ventilation and Cooling System Design Course" in Long Beach, October 5, 1991, with an expense allowance of $108.40. It was moved by Gonzales, seconded by Davis, that authority be granted for Bob Tang to attend the "Heating, Ventilation & Cooling System Design Course" in Long Beach, October 5, 1991, with an expense allowance of $108.40. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 24, 1991, was presented, requesting authority and funds for Ana Ceja, utility Clerk in the Risk Management/Personnel office, to attend the "Personnel Record Keeping Workshop" in Los Angeles, October 31, 1991, with an expense allowance of $332.50. It was moved by Gonzales, seconded by Ybarra, that authority be granted for Ana Ceja to attend the "Personnel Record Keeping Workshop" in Los Angeles, October 31, 1991, with an expense allowance of $332.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 24, 1991, was presented, requesting authority and funds for himself, City Attorney David B. Brearley, and Councilman William McCormick, Hilario Gonzales, and William Davis to attend the National League of cities 1991 Conference in Las Vegas, Nevada, December 12- 16, 1991, with an expense allowance of $948.00 each. It was moved by Davis, seconded by Ybarra, that authority be granted for the aforementioned city officials to attend the National League of cities 1991 Conference in Las Vegas, Nevada, December 12-16, 1991, with an expense allowance of $948.00 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated September 19, 1991, was presented, requesting authority and funds for Lt. Steven Towles to attend the Jail Management Course at Cal Poly Pomona, November 11-15, 1991, with an expense allowance of $359. It was moved by McCormick, seconded by Ybarra, that authority be granted for Lt. Steven Towles to attend the Jail Management Course at Cal Poly Pomona, November 11-15, 1991, with an expense allowance of $359. Motion carried. RESOLUTION NO. 5996 - A Resolution of the City Council of the City of Vernon Amending Exhibit "B", Schedule III, of Resolution No. 5944, Which Fixed the compensation for Certain Employees of Said City and Authorized certain Expense Allowances, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 5996 be approved and adopted. Motion carried. Communication from Joan Francone, Risk Manager/Personnel Assistant, dated September 25, 1991, was presented, requesting authority and funds to attend the Public Risk Insurance Managers Workshop in Irvine, October 24, 1991, with an expense allowance of $65.58. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Joan Francone to attend the Public Risk Insurance Managers Workshop in Irvine, October 24, 1991, with an expense allowance of $65.58. Motion carried. .4279 I I City Council Minutes page 5 October 1, 1991 Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 26, 1991, was presented, recommending that the following personnel actions be approved: HIRE Gabriel Orosco be hired as a temporary employee assigned to the Health Department with an hourly wage of $5.25, effective September 18, 1991. Mr. Orosco has satisfactorily completed the pre- employment physical. It was moved by McCormick, seconded by Ybarra, to hire Gabriel Orosco as a temporary employee with an hourly wage of $5.25, effective September 18, 1991. Motion carried. MERIT STEP INCREASE Jeff Coburn, Water & Power Dispatcher I, Step 6 be granted a merit step increase to Water & Power Dispatcher I, Step 5, with a new monthly base salary of $3388, effective October 20, 1991, based on his satisfactory job performance during the past year. It was moved by Davis, seconded by Gonzales, to grant Jeff Coburn a merit step increase to Water & Power Dispatcher I, Step 5, effective October 20, 1991. Motion carried. Joe Jimenez, System Operator, Step 2 in the Light and Power Department, be granted a merit step increase to System Operator, Step 1, with a new monthly base salary of $3405, effective October 20, 1991, based on his satisfactory job performance during the past year. It was moved by McCormick, seconded by Ybarra, to grant Joe Jimenez a merit step increase to System Operator, Step 1, effective October 20, 1991. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 26, 1991, was presented, advising that we have been notified by the National League of cities that a voting delegate and alternate voting delegate need to be designated by legislative action in order for the City to cast votes at the National League of cities Conference. It is hereby recommended that a voting delegate and alternate voting delegate be designated by the Council at this time. It was moved by Gonzales, seconded by Ybarra, to appoint Councilmen William McCormick and William Davis as voting delegate and alternate voting delegate respectively at the National League of cities Conference. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated September 26, 1991, was presented, requesting authority and funds to attend the Hoover Billing Credits/Rate Meeting in Las Vegas, Nevada, October 2-3, 1991, with an expense allowance of $261.90. It was moved by Ybarra, seconded by Davis, that authority be granted for Kenneth J. DeDario to attend the Hoover Billing Credits/Rate Meeting in Las Vegas, Nevada, October 2-3, 1991, with an expense allowance of $261.90. Motion carried. WARRANT REGISTER NO. 824 covering claims and demands presented during the period of September 20 thru 26, 1991, drawn on the First Interstate Bank totaling $138,326.86, which includes Demand Nos. 34161 thru 34279 (inclusive), excluding Light & Power Demands and void Demands as listed below (accounting period October, 1991) was examined and audited: 34165 34199 34200 34201 34171 34198 4280 I I City Council Minutes page 6 October 1, 1991 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 824 be approved and payment authorized for claims and demands totaling $138,326.86, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 824 covering claims and demands presented during the period of September 20 thru September 26, 1991, drawn on the First Interstate Bank totaling $319,250.09, which includes Light & Power Demand Nos. as listed below (accounting period October, 1991) was examined and audited: 34172 34181 34186 34187 34188 34227 34228 34231 34238 34248 34259 34263 34264 34268 34269 34275 34278 34279 34189 34207 34213 34218 34224 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 824 be approved and payment authorized for claims and demands totaling $319,250.09. 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 proposed electric utility financing for California-Oregon Transmission Project. The City Clerk advised the Council regarding the long-term benefits of financing this project with long-term bonds. RESOLUTION NO. 5998 - A Resolution of the City Council of the City of Vernon Authorizing the Institution of Financing Proceedings Relating to the California-Oregon Transmission Project and Engaging Professional Services Relating Thereto, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5998 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 Firm Transmission Service Agreement for Vernon's purchases from Salt River Project and the Department of Water and Power of the City of Los Angeles. David B. Brearley, City Attorney, addressed the City Council and summarized this matter for them. RESOLUTION NO. 5997 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Firm Transmission Service Agreement Between the City of Vernon and Southern California Edison Company for the Transmission of capacity and Associated Energy Purchased from the Salt River Project (SRP) or From the Los Angeles Department of Water and Power (LADWP) Pursuant to a Power Sale Agreement with SRP and a Transportation and Power Sale Agreement with LADWP, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5997 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 City Clerk advised the Council that the following item should be deferred to Closed Session later this date. Consideration of settlement in claim of Julio Calleros. The Mayor called a recess, the time being 6:00 p.m. 4281 I I City Council Minutes page 7 October 1, 1991 The city Council reconvened in regular session at 6:05 p.m., all members present before the recess again being present. It was moved by Davis, seconded by McCormick, that the Council recess to Closed Session/Personnel pursuant to Government Code Section 54957, the time being 6:05 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 excused 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 6:20. p.m. Motion carried. Bruce V. Malkenhorst advised the Council of his negotia- tions as the Municipal Employee Relations Representative (MERR) concerning a proposed five-year agreement with the Vernon Police Officers' Benefit Association (VPOBA) to experiment with a 4/10 plan for Police Officers in Employee Group 2, whereby the officers would work four days per week at ten hours per day. Up to thirty hours Bereavement Leave would be available for non-probationary Officers pursuant to the agreement. Such a plan would not be subject to meet and confer, to the grievance process, or to administrative review, and the City would be able to terminate the plan at any time or for any reason at its sole discretion. The VPOBA will agree to extend the present MOU for five years in return for the initiation of the experimental 4/10 plan. The VPOBA will also agree to a reduction from seven to four non-consecutive discretionary sick days during a (12) twelve-month period which may be taken without a written doctor's note and to the elimination of discretionary sick pay for employees with one year or less of service or who are still classified as Probationary employees. It was moved by Gonzales, seconded by Davis, that Bruce V. Malkenhorst as the MERR be authorized to execute such an agreement with the VPOBA, that such agreement would take effect on or after October 1, 1991, and that the City Attorney is directed to prepare a resolution approving and ratifying said agreement. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session Attorney/Client privilege pursuant to Government Code Section 54956.9(a), the time being 6:22 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 at 6:55 p.m. Councilman Davis resumed his seat on the Council at 7:01 p.m. It was moved by Ybarra, seconded by Mccormick, that the Council go out of Closed Session, the time being 7:05 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the claim in the matter of Julio Calleros, WCAB Case No. NOR 0157308 be settled by stipulating to a 3% permanent disability equaling $1,260 with a provision for future medical care. Motion carried. 4282 I I City Council Minutes page 8 October 1, 1991 There being no further business to come before the Council it was moved by McCormick, seconded by Ybarra, that the Meeting adjourn. Motion carried. ATTEST: .' " /''><-' )/? "~::J' .' /' I,,"~ ~... Bruce V. Malkenhorst City Clerk /" ~//../ P./ .../~.. .. ~'_"""''''V",,_,7 4,/"'" c::: . f~.. t ~~..':?,p;?'t-~ ...... Leonis C. ayor 4283