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19920317 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 17, 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 Gonzales, that the minutes of the City Council Meeting held March 3, 1992, be received and filed. Motion carried. 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 SIX YEARS Pilar Arguello John Doersam Robert Martinez Silas Williams Lynn Telford SEVEN YEARS Gloria Orosco Battalion Chief Lynn Telford accepted Two Year awards for Firefighters Robert Bishop and Barry Schoolmeester who were unable to attend the meeting. Sergio ROdriguez, Water & Power Dispatcher, who was also unable to attend, was acknowledged for achieving Three Years perfect attendance. The Mayor called a recess at 5:07 p.m. The Council reconvened in regular session at 5:09 p.m., all members present before the recess again being present. Police Department Activity Log for the period March 1 thru 15, 1992, was presented. It was moved by McCormick, seconded by Davis, that the police Department Activity Log for the period March 1 thru 15, 1992, be received and filed. Motion carried. Fire Department Activity Report for the period March 1 thru 15, 1992, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period March 1 thru 15, 1992, be received and filed. Motion carried. Health Department Report for the month of February, 1992, was presented. It was moved by Davis, seconded by Gonzales, that the . Health Department Report for the month of February, 1992, be received and filed. Motion carried. Risk Management Report for the month of February, 1992, was presented. It was moved by Ybarra, seconded by McCormick, that the Risk Management Report for the month of February, 1992, be received and filed. Motion carried. ~U6 I I City Council Minutes page 2 March 17, 1992 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. Myrtle Hill, of the U. S. Postal Service, addressed the City Council asking their support in proclaiming April 9, 1992 as Health Fair Exposition Day and submitted a letter dated this date regarding same. It was moved by Ybarra, seconded by Davis, to open the continued Public Hearing to consider an application for a Conditional Use Permit from Lubricating Specialties Company for the expansion of a petroleum related use at 3365 Slauson Avenue, the time being 5:11 p.m. Motion carried. (Continued from the City Council Meeting held March 3, 1992.) Victor Vaits, Director of Community Services, addressed the City Council and advised that at this time all matters of concern, as were previously submitted, have been addressed and there are now no further objections. Mr. vaits submitted a communication from Elizabeth J. Harris, California Environmental Quality Act Officer for the Los Angeles Unified School District, dated March 17, 1992, advising that all concerns expressed in their March 3rd letter have been satisfied. Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1992, was presented, transmitting the following: 1. Letter from victor Vaits, Director of Community services, dated March 3, 1992, responding to comments received during pUblic review of LUbricating Specialties' request for a Conditional Use Permit. 2. Letter from Los Angeles Unified School District dated March 3, 1992 relaying their concerns with regard to Lubricating Specialties' request for a Conditional Use Permit. Communication (continued from City Council Meeting held March 3, 1992) from Victor H. vaits, Director of Community Services, dated February 27, 1992, was presented, advising that Lubricating Specialties Company has applied for a Conditional Use Permit to operate a petroleum related use at 3365 Slauson Avenue, and transmitting the following 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 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, and that the project is consistent with the General Plan as adopted by the City of Vernon. Approval of the Conditional Use Permit is contingent upon the following "Conditionsrt: a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules, regulations, and subject to permit fees as adopted 41~5 I I City Council Minutes page 3 March 17, 1992 by the City of Vernon. Prior to occupancy, a business license and occupancy permit shall be obtained. b. The number of employee parking spaces required per Vernon City Code shall be provided and maintained. c. The site shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash, and weeds. d. Plans for the expansion of tank farms and construction of buildings 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. e. Lubricating Specialties Company shall file a Notice of Intent with the State Water Resources Control Board within the Board's time limits and prepare proper prevention and monitoring plans for all possible storm water contamination. f. Lubricating Specialties Company shall maintain an accurate hazardous materials inventory on file with the Vernon Health Department. Only those substances approved by the Health and Fire Departments shall be stored, used, or handled on site. g. No hazardous waste generated on the site shall be kept on site for more than 90 days. h. Lubricating Specialties Company shall have a hazardous materials inventory plan, contingency plan, and training plan approved by the Vernon Health Department prior to occupying the site. i. Broken or cracked sidewalk, curb, gutter or driveway in Slauson Avenue 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. j. LUbricating Specialties Company shall obtain all required State and Regulatory Agency permits prior to occupancy, including but not limited to, Los Angeles County Sanitation District, State Department of Transportation and Air Quality Management District. This has been reviewed by the City Attorney and based on the aforementioned, 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 their Conditional Use Permit; 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. It is also recommended that: 1. A Negative Declaration be adopted; 2. A Notice of Determination and a De Minimis Finding be filed with the County Clerk. ..~ LiJ12 . I I City Council Minutes page 4 March 17, 1992 3. The Conditional Use Permit be approved and granted contingent upon the aforementioned Conditions "a" thru "j". It was moved by Ybarra, seconded by Gonzales, to close the continued Public Hearing with regard to the request for a Conditional Use Permit from Lubricating Specialties Company, the time being 5:15 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the following communications submitted during the Public Hearings held March 3 and the continued Public Hearing Held 17, 1992, regarding the request from Lubricating Specialties Company for a Conditional Use Permit be received and filed. Motion carried. 1. Letter from the State of California Department of Transportation dated February 11, 1992 2. Letters from Los Angeles Unified School District dated February 20, 27, March 3 and 17, 1992. 3. Letter from Victor vaits dated February 27, 1992 4. Letter from victor vaits dated March 3, 1992 5. Letter from Bruce V. Malkenhorst dated March 10, 1992 It was moved by McCormick, seconded by Gonzales, that the City Council make the following determinations pertaining to Lubricating Specialties' application for a Conditional Use Permit. Motion carried. 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 their Conditional Use Permit; 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. It was moved by Gonzales, seconded by Davis, that a Negative Declaration be adopted. Motion carried. It was moved by McCormick, seconded by Ybarra, that a Notice of Determination and a Deminimis Finding be filed with the County Clerk. Motion carried. It was moved by Davis, seconded by Gonzales, that the Conditional Use Permit be approved and granted to Lubricating Specialties Company contingent upon the aforementioned Conditions "a" thru "j". Motion carried. the City of Specialties Processing, presented. 1992.) RESOLUTION NO. 6051 - A Resolution of the City Council of Vernon Granting a Conditional Use Permit to Lubricating Company for the Operation of a Petroleum Storage, and Distribution Facility at 3365 Slauson Avenue, was (Continued from the City Council Meeting held March 3, It was moved by Ybarra, seconded by McCormick, that Resolution No. 6051 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the Public Hearing to consider a request from A & L Fuel for a Conditional Use Permit to operate a diesel fuel station at 3240 Bandini Boulevard, the time being 5:16 p.m. Motion carried. 4J23 "'. ,-,~ I I City Council Minutes page 5 March 17, 1992 Victor Vaits, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Victor H. Vaits, Director of Community Services, dated March 12, 1992, was presented, advising that A & L Fuel has applied for a Conditional Use Permit to operate a diesel fuel station at 3240 Bandini Boulevard, and transmitting the following documents: 1. Request for Conditional Use permit and information supporting the permit; 2. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing; 3. Environmental Information Form; 4. Engineer's Report. A & L Fuel's operation was found to be categorically exempt from the California Environmental Quality Act process, since they will be using existing fuel dispenser tanks and the facility is not being expanded. It is the opinion of the Director of Community services that the operation 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 it is hereby recommended that the following "Conditions" be set upon the Conditional Use Permit: a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules regulations and subject to permit fees as adopted by the City of Vernon. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. A & L Fuel shall obtain a business license and occupancy permit. b. An hazardous substances used, handled or store shall have prior approval from the Vernon Fire and Health Departments. A Health Permit shall be obtained and maintained for any reportable quantities of hazardous materials on the site. c. The number of employee parking spaces required per Vernon city Code shall be provided and maintained. d. All parking, loading and maneuvering 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. A & L Fuel shall not service, wash or repair vehicles at this facility without prior approval from the City. g. Adequate plans and materials must be available for handling leaks or spills of fuels. h. A & L Fuel shall obtain and maintain an underground tank permit. The underground storage tank monitoring systems shall be checked by a qualified service person. Monitoring systems must meet the requirements of City Ordinance No. 944. A & L Fuel shall provide a system to positively shut down the westerly tank's 4;4.2 2; I I City Council Minutes page 6 March 17, 1992 turbine pump in the event of a state-of-the-art overspill fill opening. The tanks and current City Codes. a leak alarm and provide protection for each tank dispensers shall meet all i. 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 the driveway. Unused driveways shall be removed and replaced with curb, gutter, and sidewalk. j. A & L Fuel shall obtain a sales tax permit from the State Board of Equalization bearing the City of Vernon Tax number 19039. k. The facility shall be operated in a manner which will not impede traffic on Bandini Boulevard. All operations, including truck parking, shall be on-site and limited to the lot located at 3240 Bandini Boulevard. 1. A & L Fuel shall obtain and maintain all required air quality permits. Based on the aforementioned it is hereby recommended that: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act process; 2. A Notice of Exemption be filed with the County Clerk; 3. The Conditional Use Permit be approved and granted contingent upon the aforementioned "Conditions." At this time, the Mayor asked if anyone had any questions or comments. There were no questions or comments. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the request for a Conditional Use Permit from A & L Fuel, the time being 5:18 p.m.. Motion carried. It was moved by Ybarra, seconded by MCCormick, that the communication submitted during the Public Hearing by victor Vaits, Director of Community Services, dated March 12, 1992, with regard to the request for a Conditional Use Permit from A & L Fuel be received and filed. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council finds that the proposed use is categorically exempt from the California Environmental Quality Act process. Motion carried. It was moved by Davis, seconded by Ybarra, that a Notice of Exemption be filed with the County Clerk. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Conditional Use Permit be approved and granted to A & L Fuel contingent upon the aforementioned Conditions "a" thru "1". Motion carried. RESOLUTION NO. 6064 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to A & L Fuel for the Operation of a Diesel Fuel station at 3240 Bandini Boulevard, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6064 be approved and adopted. Motion carried. , ~"ri2 t ~, I I City Council Minutes page 7 March 17, 1992 It was moved by McCormick, seconded by Ybarra, to open the Public Hearing to consider a request from Record Transport, Inc. for a Conditional Use Permit to operate a truck and freight terminal at 1799 Industrial Way, Vernon, the time being 5:19 p.m. Motion carried. Victor vaits addressed the City Council and briefly summarized this matter for them. Communication from victor H. Vaits, Director of Community Services, dated March 12, 1992, was presented, advising that Record Transport, Inc. has applied for a Conditional Use Permit to operate a truck and freight terminal at 1799 Industrial Way, and transmitting the following documents: 1. Request for Conditional Use Permit and information supporting the permit; 2. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing; 3. Environmental Information Form; 4. Engineer's Report. Record Transport, Inc.'s operation was found to be categorically exempt from the California Environmental Quality Act process, since they will be using an existing truck terminal and the facility is not being expanded. 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 not have a significant effect on the environment, and no mitigating measures are required. This has been reviewed by the City Attorney and it is hereby recommended that the following "Conditions" be set upon the Conditional Use Permit: a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules, regulations and subject to permit fees as adopted by the City of Vernon. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. 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 1799 Industrial Way. b. Any hazardous substances used, handled or stored shall have prior approval from the Vernon Fire and Health Departments. A Health Permit shall be obtained if there are reportable quantities of hazardous materials on the site. c. The number of employee parking spaces required per Vernon City Code shall be provided and maintained. 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. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. f. In accordance with National Pollutant Discharge Elimination System permit regulations, Records Transport, Inc. shall submit a Notice of Intent to the State Water Resources Control Board and Shall prepare a prevention plan and monitoring program within the Board's time limitations. ," 442"0 I I City Council Minutes page 8 March 17, 1992 g. No equipment or freight shall be stored on the site, other than in trailers or on the docks. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. h. Underground storage tank monitoring systems shall be checked by a qualified service person. Monitoring systems must meet the requirements of City Ordinance No. 944. Based on the aforementioned it is hereby recommended that: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process; 2. A Notice of Exemption be filed with the County Clerk; 3. The Conditional Use Permit be approved and granted contingent upon the aforementioned "Conditions." The Mayor asked if there was anyone in the audience who had any questions. There were no questions. It was moved by Ybarra, seconded by Davis, to close the Public Hearing with regard to the request for a Conditional Use Permit from Record Transport, Inc., the time being 5:28 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community services dated March 12, 1992, submitted during the Public Hearing, be received and filed. Motion carried. It was moved by McCormick, seconded by Ybarra, that the City Council find that the proposed use is categorically exempt from the California Environmental Quality Act process. Motion carried. It was moved by Davis, seconded by McCormick, that a Notice of Exemption be filed with the County Clerk. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Conditional Use Permit be approved and granted to Record Transport, Inc. contingent upon the aforementioned Conditions "a" thru "h". Motion carried. RESOLUTION NO. 6071 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Record Transport, Inc. for the Operation of a Truck and Freight Terminal at 1799 Industrial Way, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6071 be approved and adopted. Motion carried. ORDINANCE NO. 1007 - An Ordinance of the City Council of the City of Vernon Amending Chapter 19A of the Code of the City of Vernon by Limiting Article 2, Real Estate Disclosure Ordinance, to Residential Uses, was read by title by the City Clerk for a Second and Final Reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1007 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, McCormick, Gonzales, Davis None None .~.44.tD I I City Council Minutes page 9 March 17, 1992 Communication from Victor H. Vaits, Director of Community Services, dated February 27, 1992, was presented, requesting authority and funds for utilityman Andrew Thompson to attend the Annual California Fire Mechanics Academy in Santa Ana, April 13-17, 1992, with an expense allowance of $237.90. It was moved by Ybarra, seconded by Davis, that authority be granted for Andrew Thompson to attend the Annual California Fire Mechanics Academy in Santa Ana, April 13-17, 1992, with an expense allowance of $237.90. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 3, 1992, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilmen William Davis, Hilario Gonzales and William McCormick to attend the California Contract Cities Annual Seminar in Palm Springs, May 13-17, 1992, with an expense allowance of $1242.00 each. It was moved by McCormick, seconded by Ybarra, that authority be granted for the aforementioned City officials to attend the California Contract Cities Annual Seminar in Palm Springs, May 13 -17, 1992, with an expense allowance of $1242.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 4, 1992, was presented, requesting authority and funds for Christopher Romero, Administrative Aide, to attend a seminar entitled "Today's Effective Administrative Assistant" in Long Beach, April 28, 1992, with an expense allowance of $114.30. It was moved by Davis, seconded by Gonzales, that authority be granted for Christopher Romero to attend a seminar entitled "Today's Effective Administrative Assistant" in Long Beach, April 28, 1992, with an expense allowance of $114.30. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated March 4, 1992, was presented, transmitting a fully executed Easement from Dale Aaronson for a portion of property (approximately 3,487 square feet) located at the northwest corner of Vernon Avenue and Soto Street, and recommending that the Easement be accepted and the Certificate of Acceptance be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services, dated March 4, 1992, be received and filed, and that the Easement be accepted and the Certificate of Acceptance be approved and executed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 9, 1992, was presented, requesting authority and funds for Gloria Orosco, Chief Deputy City Clerk, to attend the Annual Institute of the City Clerk's Association of California in Fresno, April 28-May 1, 1992, with an expense allowance of $916.00. It was moved by McCormick, seconded by Davis, that authority be granted for Gloria Orosco to attend the Annual Institute of the city Clerk's Association of California in Fresno, April 28-May 1, 1992, with an expense allowance of $916.00. Motion carried. Communication from Fire Chief Larry Spadt, dated March 10, 1992, was presented, requesting authority and funds for Battalion Chiefs Lynn Telford and Richard Wiles to attend the 1992 California Fire Instructors Workshop in San Jose, March 30-April 3, 1992, with an expense allowance of $788.75 each. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Battalion Chiefs Lynn Telford and Richard Wiles to attend the 1992 California Fire Instructors Workshop in San Jose, March 30-April 3, 1992, with an expense allowance of $788.75 each. Motion carried. .44'18 .~~ I I City Council Minutes page 10 March 17, 1992 Communication from Fire Chief Larry Spadt, dated March 10, 1992, was presented, requesting authority and funds for Battalion Chief Gary wiskus to attend the Aircraft Disaster Seminar in Burbank, March 24-25, 1992, with an expense allowance of $176.50. It was moved by Davis, seconded by McCormick, that authority be granted for Battalion Chief Gary wiskus to attend the Aircraft Disaster Seminar in Burbank, March 24-25, 1992, with an expense allowance of $176.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1992, transmitting an Agreement with David M. Griffith & Associates to Provide Mandated Cost Claiming Services. The fees are comparable to those of the agreement for the 1990-91 fiscal year; however, the contingent fee is equal to 30 percent of all claims filed and paid to a maximum of $7,000 rather than $7250 as in the 1990-91 agreement. This has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that said Agreement be approved and executed. It was moved by Gonzales, seconded by Davis, that the aforementioned matter regarding an Agreement with David M. Griffith & Associates be deferred to the next City Council Meeting to be held April 7, 1992. Motion carried. RESOLUTION NO. 6072 - A Resolution of the City Council of the city of Vernon Approving and Authorizing the Execution of Fiscal Year 1991-1992 Agreement to Provide Mandated Cost Claiming Services By and Between the City of Vernon and David M. Griffith and Associates, LTD. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6072 be deferred to the next City Council Meeting to be held April 7, 1992. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 11, 1992, was presented, advising that security Environmental Systems, Inc., has requested an extension of their permit for a temporary office trailer located at 3695 Bandini Boulevard. This site is under consideration for use as a solid waste transfer facility, and any permanent construction would be subject to demolition. This has been reviewed by the Director of Community Services, and it is hereby recommended that the permit be extended to April 10, 1993. It was moved by Ybarra, seconded by McCormick, to extend the temporary office permit of Security Environmental Systems, Inc., to April 10, 1993. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 11, 1992, was presented, transmitting an Agreement for Special Services with Liebert, Cassidy & Frierson for the City's participation in the South Bay Employee Relations Consortium. The cost is $1630 (a $50 increase from the 1990-91 agreement). This has been reviewed by the Risk Manager/Personnel Assistant, and it is hereby recommended that said agreement be approved and executed. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk, dated March 11, 1992, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6069 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of the Agreement for Special Services By and Between the City of Vernon and Liebert, Cassidy & Frierson, a Professional corporation, and for Participation by the City in the South Bay Employee Relations Consortium Training Sessions in 1992, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6069 be approved and adopted. Motion carried. 44'i1 I I City Council Minutes page 11 March 17, 1992 Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 12, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held March 16, 1992, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the aforementioned matter regarding approval of the Personnel Committee Agenda be deferred to after Closed Session later this date. Motion carried. · Communication from Bruce V. Malkenhorst, Director of Finance, dated March 12, 1992, was presented, transmitting the Minutes of the Finance Committee Meeting held March 10, 1992, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Finance Committee Meeting held March 10, 1992, be approved as submitted and adopted. Motion carried. RESOLUTION NO. 6073 - A Resolution of the City Council of the City of Vernon Establishing Health and Permit Fees Applicable to all Permits Granted by the City of Vernon Pursuant to sections 11.25, 13.7, 13.31 and 25.12 of the Vernon City Code and Repealing Resolution No. 5896, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6073 be approved and adopted. Motion carried. RESOLUTION NO. 6074 - A Resolution of the City Council of the City of Vernon Establishing Permit and Application Fees for Hazardous Materials Establishments in Accordance with Sections 13.54 and 13.55 of the Vernon City Code and Repealing Resolution No. 5897, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6074 be approved and adopted. Motion carried. RESOLUTION NO. 6075 - 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 MCCormick, seconded by Davis, that Resolution No. 6075 be approved and adopted. Motion carried. RESOLUTION NO. 6076 - A Resolution of the City Council of the City of Vernon Authorizing the Donation of Surplus Property from the City Clerk's Department (Finance-Various Departments) to the Vernon Chamber of Commerce, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6076 be approved and adopted. Motion carried. RESOLUTION NO. 6077 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the City Clerk's Department (Finance) and the Community Services Depart- ment Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6077 be approved and adopted. Motion carried. WARRANT REGISTER NO. 835 covering claims and demands presented during the period of February 28 thru March 12, 1992, drawn on the First Interstate Bank totaling $1,083,044.68, which includes Demand Nos. 36286 thru 36513 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period March, 1992) was examined and audited: 36330 36337 36338 36339 36433 4416 City Council Minutes page 12 March 17, 1992 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 835 be approved and payment authorized for claims and demands totaling $1,083,044.68, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 835 covering claims and demands presented during the period of February 28 thru March 12, 1992, drawn on the First Interstate Bank totaling $233,612.79, which includes Light and Power Demand Numbers as listed below (accounting period March, 1992) was examined and audited: 36286 36313 36356 36391 36431 36480 36287 36315 36360 36395 36434 36481 I 36288 36336 36365 36396 36440 36484 36289 36342 36367 36397 36442 36488 36292 36345 36372 36405 36448 36493 36298 36346 36374 36409 36450 36501 36300 36348 36375 36410 36455 36502 36301 36349 36383 36412 36460 36503 36305 36350 36386 36417 36464 36508 36307 36351 36387 36423 36476 36512 36312 36355 36388 36428 36479 36513 It was moved by MCCormick, seconded by Gonzales, that Warrant Register No. 835 be approved and payment authorized for claims and demands totaling $233,612.79. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reason- ably foreseeable that the decision may have a material financial effect on his source of income. PAYROLL WARRANT REGISTER NO. 427 covering claims and de- mands presented during the period of January 12 thru February 5, 1992, drawn on the First Interstate Bank totaling $1,213,366.62 (accounting period February, 1992) was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No. 427 be approved and payment authorized for claims and demands totaling $1,213,366.62. Motion carried. Consideration of the claim of Rhone-Poulenc Basic Chemicals Company in connection with u.S. V. Montrose, ET AL. David B. Brearley, City Attorney, advised the Council that the above matter should be deferred to Closed Session later this date. The Mayor called a recess at 5:46 p.m. The Council reconvened in regular session at 5:55 p.m., all members present before the recess again being present. I It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 5:57 p.m. Motion carried. All persons were excused from Closed Session with the exception of the City Clerk, City Attorney and Chief of Police. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:15 p.m. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 12, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held March 16, 1992, for approval of the recommendations contained therein (deferred from an earlier time during this meeting). ;C141 b I I City Council Minutes page 13 March 17, 1992 It was moved by MCCormick, seconded by Davis, that recom- mendations listed on the Personnel Committee Meeting Agenda for March 16, 1992 be approved. Motion carried. It was moved by Gonzales, seconded by Davis, that Police Officer Gairon Johnson be issued two (2) days suspension without pay. Motion carried. It was moved by MCCormick, seconded by Ybarra, that Computer Operations Assistant Ron Lee be terminated based on his failure to pass his extended probation. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session Attorney/Client privilege pursuant to Government Code Sections 54956.9(a), 54956.9(b) (1) and 54956.9(c). Motion carried. All persons with the exception of the City Clerk, victor Vaits and Gerald Forde were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Gerald Forde and victor Vaits were excused from Closed Session at 6:25 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session. Motion carried. Consideration of the claim of Rhone-Poulenc Basic Chemicals Company in connection with u.S. V. Montrose, ET AL (deferred from an earlier time during this meeting. It was moved by Ybarra, seconded by Gonzales, that the above referenced claim of Rhone-Poulenc Basic Chemicals Company be denied. Motion carried. The City Attorney advised the City Council that he had filed a brief to participate before the Public utilities Commission of the State of California in the matter of an Order Instituting Rulemaking into Natural Gas Procurement and System Reliability Issues, CPUC Docket No. R.88-08-018. The City Attorney recommended that the City participate in said proceeding because it is in the best inter- ests of the City in that-- (a) it would help protect the City's interests as a participant in other proceedings before the Commission respecting a determination of wholesale rates under which the City of Vernon will receive service from the Southern California Gas Company; and (b) it would seek to assure that the Commission's capacity brokering program is implemented in a manner which is equitable to noncore customers in general, provides appropriate access for wholesale customers to capacity on behalf of their retail noncore customers and protects the interests of future capacity users who may not be ready to transport natural gas at the time of initial program implementation on October 1, 1992. The City Attorney requested that the City Council ratify and approve his filing of a brief to participate in said meeting. It was moved by Davis, seconded by Gonzales, that the City Attorney's recommendations be approved and ratified. Motion carried. lf1t. I I City Council Minutes page 14 March 17, 1992 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: A Bruce V. /N~ Malkenhorst, City Clerk r"d - ~ ~ (~Maor - ',-