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19920121 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 21, 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, Gonzales, Davis, McCormick 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 January 7, 1992, be approved as submitted and adopted. Motion carried. Presentation of "10851 Pin" to Police Officer Scott Shonts by Lieutenant Shipley of the California Highway Patrol in recognition of his recovery of occupied stolen vehicles. Lieutenant Shipley was in attendance and summarized for the city Council the auto theft percentages and the percentages of recoveries in California. He advised that in 1991 the Vernon Police Department recovered seven occupied stolen vehicles (or as they refer to them - Rollers). He presented the pin and American Automobile Association Placque to Officer Scott Shonts for his outstanding performance in recovery of occupied stolen vehicles. A Placque was also presented to Chief of Police Louis Rosenkrantz and the Vernon Police Department. The Mayor called a recess at 5:12 p.m. The Council reconvened in regular session at 5:15 p.m., all members present before the recess again being present. The City Clerk read the names of employees who achieved Perfect Attendance and the Mayor extended congratulations on behalf of the City Council and presented gift brochures to the following: " TWO YEARS THREE YEARS Lt. Leslie Brown David Soto Frank Saldana Joe Jimenez Donald Quiroz FOUR YEARS FIVE YEARS Pres Sanchez John Kriste James Persons Lewis Pozzebon Robert Kipness The Chief of Police accepted a gift brochure for two years perfect attendance for Police Officer Gonzalo Martinez who was unable to attend the meeting. The Mayor called a recess at 5:20 p.m. The Council reconvened in regular session at 5:24 p.m., all members present before the recess again being present. RESOLUTION NO. 6001 - A Resolution of the City Council of the City of Vernon Approving and Ratifying 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, was presented. (Deferred from the city Council Meeting held January 7, 1992.) .4.~a2 I I City Council Minutes page 2 January 21, 1992 It was moved by MCCormick, seconded by Ybarra, that Resolution No. 6001 be approved and adopted. Motion carried. Police Department Activity Log for the period January 1 thru 15, 1992, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period January 1 thru 15, 1992, be received and filed. Motion carried. Fire Department Activity Report for the period January 1 thru 15, 1992, was presented. It was moved by Davis, seconded by Gonzales, that the Fire Department Activity Report for the period January 1 thru 15, 1992, be received and filed. Motion carried. Health Department Report for the month of December, 1991, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department for the month of December 1991, be received and filed. Motion carried. Risk Management Report for the month of December, 1991, was presented. It was moved by Ybarra, seconded by Gonzales, that the Risk Management Report for the month of December, 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 McCormick, seconded by Ybarra, to open the Public Hearing to consider an application from JCI Environmental Services, Inc. for a Conditional Use Permit to operate a truck terminal on property located at 4133 Bandini Boulevard, the time being 5:26 p.m. Motion carried. Victor Vaits, Director of community Services, addressed the City council and summarized his communication and the Engineer's Report pertaining to this matter. Communication from Victor H. Vaits, Director of Community Services, dated January 13, 1992, was presented, advising that JCI Environmental Services, Inc. has applied for a Conditional Use Permit to operate a truck terminal at 4133 Bandini Boulevard, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the permit; 2. Engineer's Report; 3. Initial Study; 4. Notice of Public Hearing, Notice of Intent, copy of notification letter, and affidavits of posting and mailing; 5. Proposed Negative Declaration; 4"f:-93 I I City Council Minutes page 3 January 21, 1992 6. Written comments received during public review and response to written comments received during public review. It is the opinion of the Director of Community Services that the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment with the required mitigating measures. The project is consistent with the General Plan as adopted by the City of Vernon. 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 in this case because of the mitigating measures adopted as Conditions of of their Conditional Use Permit: 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. It is also recommended : (1) that a Negative Declaration be adopted: (2) that a Notice of Determination and a De Minimis Finding be filed with the County: and that the Conditional Use Permit be granted contingent upon the following "Conditions:" a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules, and regulations; and subject to permit fees as adopted by the City of Vernon. Prior to occupancy a business license and occupancy permit shall be obtained. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 4133 Bandini Boulevard. JCI Environmental Services shall obtain proper building permits prior to any construction, demolition or removal of equipment. b. The two (2) existing underground tanks are required to be maintained in compliance with City of Vernon Ordinance No. 944. Tanks must continue to be monitored and operating permits must be properly transferred. The underground tanks shall not be used for the storage of hazardous wastes. Plans for new fuel station must be submitted for review and approval. c. The number of employee parking spaces required per Vernon City Code shall be provided and main- tained. d. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. e. Where parking areas adjoin a public street or streets, a masonry wall not less than 30 inches in height or landscaped area a minimum of 4 feet in width, measured from the property line, shall be established along such frontage, except at driveways, walkways or where other openings are necessary. f. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. 4334 I I City Council Minutes page 4 January 21, 1992 An operation plan for exterior washing of Company vehicles shall be submitted for review and ap- proval. No cleaning of the interior of any tankers or storage containers shall be performed at this location. Only JCI Environmental Service equipment or vehicles shall be repaired or washed at this site. g. All buildings, structures and tanks (storage and silo) shall be rodent proof. h. Plans for the rehabilitation of rendering plant building and construction of truck wash, truck repair/maintenance and other facilities where hazardous materials are to be used, handled or stored, must be submitted to the Vernon Health Department for review and approval. Plans will be checked for compliance with containment and identification requirements. i. JCI Environmental Services shall file Notice of Intent with the State Water Quality Control Board within the Board's time limits and prepare proper prevention and monitoring plans for all possible storm water contamination. j. No hazardous waste generated on the site shall be kept on site for more than 90 days. k. All hazardous material incidents within the City of Vernon shall be reported to the Vernon Fire Department (911). 1. All tanker containers and emergency response equipment shall be certified as being washed and cleaned before returning to facility. The only vehicles arriving at the site with hazardous waste shall be those requiring minor repair or those that have responded to an emergency clean- up and the specified disposal site is closed. In both cases the hazardous waste shall be transferred off the site as soon as physically possible. Temporary storage of vehicles or containers containing hazardous materials must be within a designated and contained area. m. JCI Environmental Services shall have a hazardous materials inventory plan, contingency plan and training plan approved by the Vernon Health Department prior to occupying the site. n. Broken or cracked sidewalk, curb, gutter or driveway in Bandini Boulevard adjacent to the site shall be repaired as directed by the Director of Community Services. Guard posts shall be constructed at the ends of all driveways. o. JeI Environmental Services shall obtain and maintain all required State and Regulatory Agency permits prior to occupancy, including but not limited to the Los Angeles County Sanitation District, the State Department of Transportation and the South Coast Air Quality Management District. p. JCI Environmental Services shall change out the old style fire hydrant located on Bandini Boulevard adjacent to their site with the new City of Vernon standard. 4335 I I City Council Minutes page 5 January 21, 1992 Mr. Vaits also advised that we had received a communication on January 13, 1992 from the state Department of Transportation and read comments from the letter and also Cal Trans' concerns with the operation at this time. Mr. vaits advised that the concerns of CALTRANS have been addressed in the Conditions set forth if the Conditional Use Permit is granted, specifically Conditions "m" and "0". Mr. Vaits stated that a letter was received from Gary J. Herman, Sr., owner of property located at 4151 Bandini Boulevard, dated December 27, 1991. Said letter advised that they opposed the JCI proposed operation. They have a concern with hazardous waste and property contamination affecting this site. Mr. Vaits responded to their concerns and advised that Conditions "b", "f", "i", and "1" address the concerns of Bandini property owners. Mr. Vaits reported to the Council that staff feels that all areas of concern that have been raised to date have been reviewed and are addressed thru the Conditions that are set forth by the department if the Council approves and issues the Conditi- tional Use Permit and other related documents. this time. Mr. Vaits stated that he had no further comments at The Mayor asked if there was anyone in the audience who wished to address the Council on this matter. Mr. James Joseph, President Bandini Fertilizer Company, stepped to the pOdium and advised that he wished to submit their letter dated January 21, 1992, objecting to the adoption of a Negative Declaration submitted on behalf of JCI Environmental. Mr. Joseph also relayed their concerns on the impact of a hazardous spill on fertilizer as it appears this was not addressed and this is a very serious matter that should not be overlooked. This matter was not addressed in his January 21 letter; however, he will be submitting an addendum as soon as possible. Mr. Ruben McDavid, Environmental Engineer, representing Mothers of East Los Angeles, addressed the City Council expressing the concerns of the organization and addressed mitigation measures, rainfall, temporary storage of hazardous waste and what types they are, and minor repairs to vehicles and what types (body or mechanical). Mr. McDavid asked that the City Council not approve this Conditional Use Permit at this time until a more in-depth report or study has been made. Martha MOlina-Aviles, Senior Field Deputy for Los Angeles County Supervisor Gloria Molina, addressed the City Council expressing their concern over the proposed use of the site and that they did not know what route the trucks were going to be taking. She also stated that they were not notified of this project or the Public Hearing. She questioned if the routes that are to be taken will be going through neighboring residential areas, and if there is an Emergency Response Plan and what it entails. She stated that their concern was that the City would not be able to handle any type of hazardous chemical spill or other type of incident and she referenced Domtar Gypsum incident as an example. Ms. Molina-Aviles asked on behalf of Supervisor Molina's office that further consideration be given to this prior to the final decision. Jack Cline, representing Heger Realty, responded to questions that have been raised: with regard to truck trips, there used to be 40 trips daily by California Rendering and they will now be reduced; with regard to water run off, there is a 4336 I I City Council Minutes page 6 January 21, 1992 clarifier that is on site that water goes thru before entering the sewer system. The prior occupants used 1.5 million gallons of water a day while this occupant will use only about 5% of this amount. Mr. Kline explained that this is not a hazardous waste site or treatment center. This is a truck operation only and hazardous material will not, as a rule, be housed or stored at this site. Any future changes in operations must be approved by the City of Vernon. The Mayor asked if there were any other questions. There were no other questions. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing with regard to a request by JCI Environmental Services for a Conditional Use Permit, the time being 6:06 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, to defer further action on the request by JCI Environmental Services for a Conditional Use Permit to the next City Council Meeting to be held February 4, 1992; and that staff is instructed to prepare a report in response to the concerns presented before the Council during this public hearing. Motion carried. RESOLUTION NO. 6031 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to JCI Environmental Services, Inc. for the Operation of a Truck Terminal at 4133 Bandini Boulevard. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6031 be deferred to the next City Council Meeting to be held February 4, 1992. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 11, 1991, was presented, 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 thatJ-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 Services and the City Attorney, and it is hereby recommended that said agreement be approved and executed. (Deferred from the City Council Meeting held January 7, 1992.) It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated December 11, 1991 be received and filed and his recommendation be approved. Motion carried. 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, was presented. (Deferred from the City Council Meeting held January 7, 1992.) It was moved by Davis, seconded by Gonzales, that Resolution No. 6027 be approved and adopted. Motion carried. 4337 I I City Council Minutes page 7 January 21, 1992 Communication from Louis Rosenkrantz, Police Chief, dated December 11, 1991, was presented, requesting authority and funds for Police Officer Randolph Phillips to attend the Narcotics Investigation Course in Sacramento, February 23 - March 6, 1992, with an expense allowance of $1213.36 which will be reimbursed by POST. It was moved by MCCormick, seconded by Ybarra, that authority be granted for Officer Randolph Phillips to attend the Narcotics Investigation Course in Sacramento, February 23 - March 6, 1992, with an expense allowance of $1213.36. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated January 13, 1992, was presented, requesting authority and funds to attend the League of California cities City Managers' Meeting in San Diego, February 5-7, 1992, with an expense allowance of $816.00. It was moved by Gonzales, seconded by Ybarra, that authority be granted for Bruce V. Malkenhorst to attend the League of California Cities City Managers' Meeting in San Diego, February 5-7, 1992, with an expense allowance of $816.00. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated January 13, 1992, was presented, requesting authority and funds for Jorge Somoano, Resource Planning Manager, to attend various meetings with northwest utility companies in Sacramento, Portland, Oregon and Seattle, Washington, January 20-24, 1992, with an expense allowance of $1,762.75. It was moved by McCormick, seconded by Davis, that authority be granted for Jorge Somoano to attend various meetings with northwest utility companies in Sacramento, Portland, Oregon and Seattle, Washington, January 20-24, 1992, with an expense allowance of $1,762.75. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated January 14, 1992, was presented, requesting authority and funds for Ramon Abueg, Associate Power Engineer, to attend various meetings with northwest utility companies in Portland, Oregon and Seattle, Washington, January 21-24, 1992, with an expense allowance of $1,253.10. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Ramon Abueg to attend various meetings with northwest utility companies in Portland, Oregon and Seattle, Washington, January 21-24, 1992, with an expense allowance of $1,253.10. Motion carried. Communication from Norman J. Michiels, Director of Environmental Health, dated January 14, 1992, was presented, requesting authority and funds for Dan Downing, Environmental Health Specialist, to attend the Mosquito and Vector Control Conference in Pomona, February 3, 1992, with an expense allowance of $58.86. It was moved by McCormick, Seconded by Gonzales, that authority be granted for Dan Downing to attend the Mosquito and Vector Control Conference in Pomona, February 3, 1992, with an expense allowance of $58.86. Motion carried. Communication from Fire Chief Larry Spadt, dated January 14 1992, was presented, requesting authority and funds for Firefighter Dan Kimes to attend the HAZCAT Chemical Identification Workshop in Long Beach, February 4-7, 1992, with an expense allowance of $575.40. 4338 I I City Council Minutes page 8 January 21, 1992 It was moved by Ybarra, seconded by Davis, that authority be granted for Firefighter Dan Kimes to attend the HAZCAT Chemical Identification Workshop in Long Beach, February 4-7, 1992, with an expense allowance of $575.40. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 15, 1992, was presented, transmitting a new Water Right License and Agreement with Kal-Kan Foods, Inc. to replace the original agreement which was approved by City Council March 19, 1991. The original agreement was for 140 acre-feet of water and, according to the watermaster Service, Kal-Kan Foods, Inc. had only 128 acre-feet available; therefore, the lease should be rescinded. This has been reviewed by the Director of Community Services and City Attorney, and it is hereby recommended that the Water Right License and Agreement approved March 19, 1991 be rescinded; and that the new Water Right License and Agreement with Kal-Kan Foods, Inc. for 128 acre-feet at a cost of $57.50 per acre-foot for the Fiscal Year 1991-1992, be approved and executed. It was moved by Gonzales, seconded by MCCormick, that the communication from the City Clerk dated January 15, 1992 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6034 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a New Water Right License and Agreement for the Period July 1, 1991 Through June 30, 1992 By and Between the City of Vernon and Kal-Kan Foods, Inc., and Rescinding the Old Water Right License and Agreement Between the Parties dated March 26, 1991, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6034 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 15, 1992, was presented, advising that Chem-Tech Systems, located at 3650 26th Street, has requested an extension of their permits for two temporary office trailers due to their permanent office and laboratory facilities being in the midst of construction, and recommending that the extension be granted to December 12, 1992. It was moved by Gonzales, seconded by Ybarra, to extend the permits for the temporary office trailers at Chem-Tech Systems to December 12, 1992. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 16, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held January 20, 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 20, 1992, be approved as listed. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 16, 1992, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held January 20, 1992, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by McCormick, that the recommendations listed on the Agenda for the Adjourned Regular Finance Committee Meeting held January 20, 1992, be approved as listed. Motion carried. ~:143 :} 9 I I City Council Minutes page 9 January 21, 1992 RESOLUTION NO. 6035 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 5942, Which Approved a Budget for the Fiscal Year 1991-1992, to Reflect Increases, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6035 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 16, 1992, was presented, advising that at the City Council meeting held January 7, 1992, Resolution No. 6032 per- taining to the meeting times of the City Council and other Committees and Commissions of the City was approved and adopted. Section 3.10 of the Charter of the City of Vernon provides that the establishment of Council Meetings is to be set by Ordinance. There also appears to be conflicting language respecting Finance Committee Meetings in the Vernon Municipal Code. Based on this information it is hereby recommended that Resolution No. 6032 be rescinded; and that Ordinance No. 1006, setting forth the time and place of the City Council Meetings in compliance with the City Charter, and authorizing that all other meetings of Commit- tees and Commissions be set by resolution. It was moved by Davis, seconded by Gonzales, that the communication from the city Clerk dated January 16, 1992 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6036 - A Resolution of the City Council of the City of Vernon Rescinding Resolution No. 6032 Which Set the Time and Place for Regular Meetings of the City Council of the City of Vernon and Set the Time and Place of Meetings for Committees and Commissions of the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6036 be approved and adopted. Motion carried. ORDINANCE NO. 1006 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, By Amending Sections 2.1 and 2.5-4 and Adding New Section 2.5-5 to Chapter 2, Article I of Said Code Regarding City Council and Other Committee and Commission Meetings, was read by title for a First Reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1006 be approved for a First Reading. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated January 16, 1992, was presented, requesting authority and funds to attend the California Building Officials Annual Business Meeting in Long Beach, February 26-29, 1992, with an expense allowance of $835.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Victor Vaits to attend the California Building Officials Annual Business Meeting in Long Beach, Febru- ary 26-29, 1992, with an expense allowance of $835.00. Motion carried. Communication from David B. Brearley, City Attorney, dated January 16, 1992, was presented, recommending that the City Council establish new fees and regulations relating to the administration and implementation of the Public Records Act and repealing Resolution No. 4744. It was moved by McCormick, seconded by Gonzales, that the communication from the City Attorney dated January 16, 1992 be received and filed, and that his recommendation be approved. Motion carried. 4340 I I City Council Minutes page 10 January 21, 1992 RESOLUTION NO. 6040 - A Resolution of the City Council of the City of Vernon Establishing a Fee and Providing Procedures for Public Inspection and Examination of Public Records, and for Obtaining Copies of Public Records of the City of Vernon and Repealing Resolution No. 4744, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6040 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 16, 1992, was presented, advising that a Computa- tion Report is being compiled by Kenneth J. DeDario, Director of Light and Power, which will determine the Energy Cost Adjustment Billing Factor for the next three month period and will be submitted to the City Council on January 21, 1992. Based on the actual fuel expenses and revenues, and Southern California Edison Company's forecast for the next three months, it is hereby recommended that the new factor, to be announced at this meeting, be adopted to be effective for all bills rendered from February 1, 1992. Kenneth DeDario, Director of Light and Power, report- ed that the new factor is -$0.01973 kwh and submitted his Compu- tation Report dated January 21, 1992. It was moved by McCormick, seconded by Ybarra, that the communication from the city Clerk dated January 16, 1992 and the Energy Cost Adjustment Billing Factor Computation Report submitted by the Director of Light and Power dated January 21, 1992, be received and filed; and that the Energy Cost Adjustment Billing Factor of -$0.01973 kwh be approved effective February 1, 1992. Motion carried. RESOLUTION NO. 6039 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Supplied to its Electrical Customers, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6039 be approved and adopted. Motion carried. The City Clerk read the results of bids opened this date in accordance with Contract No. 511, Traffic Pavement Striping, 1992: IPS Services Incorporated $49,893.35 Orange County Striping Arrow Straight Marking and Striping Service 49,992.26 27,780.14 It was moved by McCormick, seconded by Ybarra, that the bids for Contract No. 511 be referred to the Director of Community Services for review. Motion carried. WARRANT REGISTER NO. 831 covering claims and demands presented during the period of January 3 thru 16, 1992, drawn on the First Interstate Bank totaling $279,057.54, which includes Demand Nos. 35501 thru 35709 (inclusive), excluding Light & Power Demands and Void Demand Nos. 35534 thru 35536 (accounting period January, 1992) was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 831 be approved and payment authorized for claims and demands totaling $279,057.54, excluding Light & Power Demands. Motion carried. 4U1 I I City Council Minutes page 11 January 21, 1992 WARRANT REGISTER NO. 831 covering claims and demands presented during the period or January 3 thru 16, 1992, drawn on the First Interstate Bank totaling $140,265.46, which includes Light & Power Demand Nos. as listed below (accounting period January, 1992) was examined and audited: 35509 35532 35559 35585 35609 35636 35669 35695 35511 35533 35562 35588 35613 35640 35673 35698 35525 35539 35570 35590 35618 35645 35678 35701 35526 35548 35573 35594 35622 35660 35679 35704 35530 35549 35574 35597 35627 35665 35680 35708 35531 35551 35578 35606 35631 35667 35686 35709 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 831 be approved and payment authorized for claims and demands totaling $140,265.46. Motion carried. Coun- cilman 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. PAYROLL WARRANT REGISTER NO. 425 covering claims and demands presented during the period of November 17 thru December 14, 1991, drawn on the First Interstate Bank totaling $1,327,719.82, (accounting period December, 1991) was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 425 be approved and payment autho- rized for claims and demands totaling $1,327,719.82. Motion carried. Consideration of Industrial Disability Retirement of Battalion Chief Arnold deBoer. RESOLUTION NO. 6037 - A Resolution of the City Council of the City of Vernon Determining the Industrial Disabil- ity Retirement of Arnold deBoer, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21024 and 21025). It was moved by Ybarra, seconded by McCormick, that consideration of the Industrial Disability Retirement of Battal- ion Chief Arnold deBoer and Resolution No. 6037 be deferred to the next City Council Meeting to be held February 4, 1992. Motion carried. RESOLUTION NO. 6038 - A Resolution of the City Council of the City of Vernon Commending Arnold deBoer, for his Many Years of Service to the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6038 be approved and adopted. Motion carried. RESOLUTION NO. 6041 - A Resolution of the City Council of the City of Vernon Commending Francis Walt Sumner for his Many Years of Service to the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6041 be approved and adopted. Motion carried. The Mayor called a recess at 6:41 p.m. The Council reconvened in regular session at 6:46 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Codes Sections 54956.9(a), 54956.9(b) (1) the time being 6:49 p.m. Motion carried. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. 4342 I I city Council Minutes page 12 January 21, 1992 All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:58 p.m. Motion carried. The City Attorney indicated that the California Public utilities Commission had issued its decision on December 20, 1991, in CPUC DOCKET No. A.91-03-039 (SoCalGas BCAP). He indicated that the Commission had refused to establish a wholesale rate in order to permit Vernon to receive wholesale gas transportation service from Southern California Gas Company. He recommended that the City file an application for rehearing of Decision 91-12-075 before the California Public utilities Commis- sion in respect to this issue. It was moved by Gonzales, seconded by Davis, that the City Attorney's recommendation be approved. Motion carried. 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: ~~~- .. Le()nis C. Malb g ayor y" /" . .i/;Z....;/ //...,~ ~ j//q:r~~/p;/ Bruce V. Malkenhorst City Clerk //,~;:l 4343