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19920107 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 7, 1992 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 December 17, 1991, be approved as submitted and adopted. Motion carried. RESOLUTION NO. 6001 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Side Letter Agreement By and Between the Municipal Employee Relations Representative ("MERR") of the city of Vernon and the Vernon Police Officers' Benefit Association ("VPOBA") (Employee Group 2) providing for the Implementation of an Experimental 4/10 Plan and Extending the Memorandum of Understanding ("MOU") for Five Years. (Deferred from the City Council Meeting held December 17, 1991.) It was moved by Gonzales, seconded by McCormick, to defer Resolution No. 6001 to the next city Council Meeting to be held January 21, 1992. Motion carried. At this time, the Mayor presented Service pins to the following employees: Firefighter Vernon Sem - 25 years Fire Engineer Jed Hulsey - 5 years Civil Engineering Associate Brian Adel - 10 years Fire Chief Spadt accepted Services pins on behalf of the following personnel who were not able to attend the meeting: Battalion Chief Lynn Telford - 25 years Fire Engineer Paul Zook - 25 years Fire Engineer David Kimes - 5 years Firefighter John Arvizo - 5 years The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:13 p.m., all members present before the recess again being present. Police Department Activity Log for the period December 16 thru 31, 1991, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period December 16 thru 31, be received and filed. Motion carried. Fire Department Activity Report for the period December 16 thru 31, 1991, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period December 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 matter listed on the Agenda other than with regard to any Public Hearings that may be listed. 4324 I I City Council Minutes page 2 January 7, 1992 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 the final draft of the City of Vernon Source Reduction and Recycling Element and Household Hazardous Waste Element, the time being 5:15 p.m. Motion carried. Norman Michiels, Director of Environmental Health, addressed the City Council and briefly summarized this matter for them. Communication from Bruce V. Malkenhorst, City Clerk, dated December 4, 1991, was presented, advising that the City was required to prepare (in compliance with AB 939) Source Reduction and Recycling Elements (SRRE) and Household Hazardous Waste Elements (HHWE) to provide a baseline of current waste management practices and to develop future reduction and recycling efforts and transmitting the following documents: 1. The final draft of the City of Vernon Source Reduction and Recycling Element (SRRE)i and Household Hazardous Waste Element (HHWE)i and 2. The Initial Study for the City of Vernon Source Reduction and Recycling Element and Household Hazardous Waste Element prepared by our consultants Michael Brandman Associates which contains environmental documentation verifying compliance with the California Environmental Quality Act (CEQA). The final draft of the SRRE and HHWE has been reviewed by the Directors of Community Service, Environmental Health, and the City Attorney. Based on the Initial Study, it is hereby recommended that said study be approved and that the Source Reduction and Recycling Elements and Household Hazardous Waste Elements Final Draft be approved and adopted. It is also recommended that a Negative Declaration be adopted. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing with regard to consideration of the final draft of the Source Reduction and Recycling Elements and Household Hazardous Waste Elements, the time being 5:18 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk, dated December 4, 1991 submitted during the Public Hearing be received and filed, and that his recommendation be approved. Motion carried. It was moved by Gonzales, seconded by McCormick, that a Negative Declaration be adopted. Motion carried. RESOLUTION NO. 6033 - A Resolution of the City Council of the city of Vernon Adopting the Source Reduction and Recycling Element and Household Hazardous Waste Element Final Draft, Prepared Pursuant to Public Resources Code Section 41000 and 41500, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6033 be approved and adopted. Motion carried. 43.25 I I City Council Minutes page 3 January 7, 1992 Communication from Victor H. Vaits, Director of Community Services, dated December 17, 1991, was presented, responding to concerns expressed by CALTRANS on the traffic and circulation element of the Environmental Review of Parcel Map No. 23254 as submitted by Anchor Glass Container Corporation, and advising, since there is a reduction in traffic being generated from the site, CALTRANS concerns will be satisfied, and it is hereby recommended that the Parcel Map be approved. Communication from Victor H. Vaits, Director of Community Services, dated December 10, 1991, was presented, advising that Anchor Glass Container corporation has submitted Parcel Map No. 23254 for investigation and report in accordance with the Subdivision Map Act, and transmitting the following evidence (deferred from the City Council Meeting held December 17, 1991): 1. Print of Parcel Map No. 23254. 2. Engineer's Report. 3. Notice of Intent to adopt a Negative Declaration. 4. Excerpts from the Subdivision Map Act. 5. Environmental Information Form. It is the opinion of the Director of Community Services that adoption of the Parcel Map will pose no adverse affects on the City of Vernon or any other surrounding areas. The project is consistent with the General Plan as adopted by the City of Vernon and will not have a significant effect on the environment and no mitigating measures are required. The proponent will submit a Performance Bond or irrevocable letter of credit in the amount of $248,000 for the required frontage improvements. This has been reviewed by the City Attorney and it is hereby recommended that the City Council make the following determinations: 1. That the project is consistent with the General Plan as adopted by the City of Vernon; 2. That the project will not have a significant effect on the environment and, therefore, that a Negative Declaration be adopted; and 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources and that a De Minimis Finding be filed with the County Clerk. It was moved by Ybarra, seconded by Davis, that the communication from the Director of Community Services, dated December 10, 1991, be received and filed; and that the fOllowing determinations be made: 1. The project is consistent with the General Plan as adopted by the City of Vernon; 2. The project will not have a significant effect on the environment; 3. A Negative Declaration be adopted; and 4. Parcel Map No. 23254 be approved. Motion carried. It was moved by Gonzales, seconded by Mccormick, that the project will not individually or cumulatively have an adverse effect on wildlife resources and that a De Minimis Finding be filed with the County Clerk. Motion carried. 432G I I City Council Minutes page 4 January 7, 1992 Communication from Bruce V. Malkenhorst, City Clerk, dated December 11, 1991, advising that the City has required J- Blak Partnership, owners of the Farmer John Facility and the vacant lot across the street, to construct certain frontage improvements and widen Soto street. J-Blak Partnership has requested that a midblock traffic signal be constructed at the Farmer John driveway on Soto street (this signal would also serve the vacant parcel). Transmitted herewith is an agreement stating that J-Blak Partnership will fund the cost of the entire traffic signal and the coordination system construction, and will also pay for 50% of the maintenance of this signal. This has been reviewed by the Director of Community Servic~s and the City Attorney, and it is hereby recommended that said agreement be approved and executed. (peferred from the City Council Meeting held December 17, 1991.) RESOLUTION NO. 6027 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and J-Blak Providing for Payment for Installation and Operation of a Traffic Signal on Soto street between Vernon Avenue and 37th Street. (Deferred from the City Council Meeting held December 17, 1991.) Victor Vaits, Director of Community Services, advised the City Clerk and the Council that the aforementioned matter of an Agreement for Traffic Signal Installation and Operation with J-Blak Partnership should be deferred to the next City Council Meeting. It was moved by McCormick, seconded by Davis, that the aforementioned matter with regard to an Agreement with J-Blak Partnership and Resolution No. 6027 be deferred to the next City Council Meeting to be held January 21, 1992. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated December 2, 1991, was presented, requesting authority and funds for Ali Nourmohamadian, Electrical Engineering Assistant, to attend the Ground and Lightning Protection Course in La Jolla, California, February 11~13, 1992, with an expense allowance of $889.96. It was moved by Gonzales, seconded by Davis, that authority be granted for Ali Nourmohamadian to attend the Ground and Lightning Protection Course in La Jolla, California, February 11-13, 1992, with an expense allowance of $889.96. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated December 12, 1991, was presented, requesting authority and funds for Sergeant Soloman Benudiz to attend the California Robbery Investigators Conference in Reno, Nevada, February 5-7, 1992, with an expense allowance of $475.60. It was moved by Ybarra, seconded by Mccormick, that authority be granted for Sergeant Soloman Benudiz to attend the California Robbery Investigators Conference in Reno, Nevada, February 5-7, 1992, with an expense allowance of $475.60. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated December 17, 1991, was presented, transmitting Contract No. 511, Traffic Pavement Striping 1992, and recommending that said contract be approved and that authority be granted to advertise for bids. 4327 I I City Council Minutes page 5 January 7, 1992 It was moved by Davis, seconded by McCormick, that the communication from the Director of Community Services, dated December 17, 1991, be received and filed, and that his recommen- dation be approved. Motion carried. RESOLUTION NO. 6029 - A Resolution of the City Council of the City of Vernon Approving Contract No. 511 and Authorizing Notice Inviting Sealed Proposals or Bids for Traffic Pavement Striping 1992, in Accordance with Contract No. 511 of the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6029 be approved and adopted. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated December 18, 1991, was presented, re- questing authority and funds to attend the WATSCO and California- Oregon Transmission Project Ad Hoc Meeting in Sacramento, January 9-10, 1992, with an expense allowance of $259.30. It was moved by Ybarra, seconded by McCormick, that authority be granted for Kenneth J. DeDario to attend the WATSCO and California-Oregon Transmission Project Ad Hoc Meeting in Sacramento, January 9-10, 1992, with an expense allowance of $259.30. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 23, 1991, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilmen Hilario Gonzales and William Davis to attend the California Society of Municipal Finance Officers Association 32nd Annual Seminar in Long Beach, February 25-29, 1992, with an expense allowance of $828.00 each. It was moved by Gonzales, seconded by Davis, that authority be granted for the aforementioned City officials to attend the California Society of Municipal Finance Officers Association 32nd Annual Seminar in Long Beach, February 25-29, 1992, with an expense allowance of $828.00 each. Motion carried. Communication from Louis Rosenkrantz, Chief of POlice, dated December 30, 1991, was presented, requesting authority and funds to attend the California Police Chiefs' Association Conference in Concord, California, February 3-7, 1992, with an expense allowance of $903.50. It was moved by Ybarra, seconded by McCormick, that authority be granted for Louis Rosenkrantz to attend the California Police Chiefs' Association Conference in Concord, California, February 3-7, 1992, with an expense allowance of $903.50. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 2, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held January 6, 1992, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held January 6, 1992, be approved as submitted and adopted. Motion carried. WARRANT REGISTER NO. 830 covering claims and demands : presented during the period of December 13, 1991 thru January 2, 1992, drawn on the First Interstate Bank totaling $314,600.21, which in- cludes Demand Nos. 35333 thru 35500 (inclusive), excluding Light & Power Demands and Void Demand Nos. 35379 thru 35381 (accounting period, January, 1992) was examined and audited. 4328 City Council Minutes page 6 January 7, 1992 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 830 be approved and payment authorized for claims and de- mands totaling $314,600.21, excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 830 covering claims and demands presented during the period of December 13, 1991 thru January 2, 1992, drawn on the First Interstate Bank totaling $19,849,345.26, which includes Light & Power Demands Nos. as listed below (accounting period January, 1992) was examined and audited: I 35337 35348 35361 35374 35409 35432 35470 35498 35340 35351 35362 35375 35411 35433 35472 35499 35343 35352 35363 35378 35417 35447 35478 35344 35357 35364 35382 35419 35449 35482 35345 35358 35368 35393 35424 35455 35485 35346 35359 35369 35399 35425 35458 35490 35347 35360 35372 35401 35426 35461 35496 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 830 be approved and payment authorized for claims and demands totaling $19,849,345.26. 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 Amendment No. 1 to the RMI Operation and Maintenance Agreement. Kenneth J. DeDario, Director of Light and Power, addressed the City Council and briefly summarized this matter for them. RESOLUTION NO. 6030 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Operation and Maintenance Agreement Dated February 15, 1989 Between RMI Utility Services, Incorporated and the City of Vernon Providing for an Increase in Both the Level of Staffing and the Scope of Services. I It was moved by Ybarra, seconded by Gonzales, that Resolu- tion No. 6030 be approved and adopted. Motion carried. Discussion of days and times for the following meetings: City Council Meeting Redevelopment Agency Meeting Police & Fire Commissions' Meeting Board of Library Trustees' Meeting Personnel Committee Meeting Finance Committee Meeting The City Clerk addressed the City Council and advised that adjustments are needed for the times and/or dates of the City Council and Committee or Commission Meetings, and recommended that the fol- lowing schedule be approved and that a resolution be adopted authorizing same: City Council Meetings - 5 p.m. on the 1st and 3rd Tuesday of each month Personnel Committee Meetings - 5 p.m. on the 1st and 3rd Monday of each month Finance Committee Meeting - 5 p.m. on the 2nd Tuesday of each month 4~29 I I City Council Minutes page 7 January 7, 1992 Board of Library Trustees - No change in present schedule (4:45 p.m. on the 1st Tuesday of each month Police & Fire Commissions - 4:30 p.m. on the 1st Tuesday of each month; 4:45 p.m. on the 3rd Tuesday of each month RESOLUTION NO. 6032 - A Resolution of the City Council of the City of Vernon Setting the Time and Place for Regular Meetings of the City Council of the City of Vernon and Setting the Time and Place of Meetings for Committees and Commis- sions of the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6032 be approved and adopted. Motion carried. The Mayor called a recess at 6:11 P.M. The Council reconvened in regular session at 6:15 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 Attorney/Client privilege pursuant to Government Code Sections 54956.9(a) and 54956.9(c). 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 6:50 p.m. 7:00 p.m. Councilman Davis resumed his seat on the Council at It was moved by MCCormick, seconded by Davis, that the Council go out of Closed Session and resume regular session. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Attorney be authorized, on behalf of the City to join an amicus brief in the appeal of Arcadia Redevelopment Agencv. et al. v. Daniel O. Ikemoto. etc.. et al.. 2d Civil No. B057768 (SB 2557 Litigation) to be filed by the Legal Advocacy Committee of the California League of Cities supporting the Arcadia Redevelop- ment Agency, et ale Motion carried. It was moved by Ybarra, seconded by Davis, that the Mayor be authorized to send a letter to Governor Wilson with respect to Decision 91-12-075 issued by the Public utilities Commission of the state of California relating to Application No. 91-93-039 (Southern California Gas Company BCAP). Motion carried It was moved by McCormick, seconded by Ybarra, that the motion for leave to intervene filed by the City Attorney in the United States Court of Appeals for the District of Columbia Circuit, Case No. 91-1639 (Cities of Anaheim. etc. v. the Federal Energv Regulatory Commission), is hereby approved and ratified. Motion carried. Councilman Davis abstained from voting on the above motion and disquali- fied himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. 4330 I I City Council Minutes page 8 January 7, 1992 It was moved by Ybarra, seconded by Gonzales, that the filing by the City Attorney of a Petition for Review against the Federal Energy Regulatory Commission in the United States Court of Appeals for the District of Columbia Circuit, Case No. 91-1643, for review of Opinion Nos. 362 and 362-A issued in FERC Docket No. 84-75 is hereby approved and ratified. Motion car- ried. 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: / I ~ ~~~ M yor' '- ~~ Bruce V. Malkenhorst, 4331.