19920407 Regular City Council Meeting - Minutes
I
I
MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD APRIL 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, Gonzales, Davis
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by McCormick, seconded by Ybarra, that
the minutes of the city Council Meeting held March 17, 1992, be
deferred to the next City Council Meeting. Motion carried.
It was moved by Davis, seconded by Gonzales, that the
minutes of the Special Meeting of the city Council held March 26,
1992, be deferred to the next City Council Meeting. Motion
carried.
At this time, the Mayor presented a Ten Year Service
Pin to Richard Lucas, community Services Department, and the
Council extended their congratulations.
The Mayor called a recess at 5:16 p.m.
The Council reconvened in regular session at 5:17
p.m., all members present before the recess again being present.
Police Department Activity Log for the period March
16 thru 31, 1992, was presented.
It was moved by Gonzales, seconded by Davis, that the
Police Department Activity Log for the period March 16 thru 31,
1992, be receiyed and filed. Motion carried.
Fire Department Activity Report for the period March
16 thru 31, 1992, was presented.
It was moved by McCormick, seconded by Davis, that
the Fire Department Activity Report for the period March 16 thru
31, 1992, be received and filed. Motion carried.
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 present in the audience who wished
to address the Council at this time.
It was moved by Ybarra, seconded by McCormick, to
open the Public Hearing to consider an application from Trans
Western Systems, Inc. for a Conditional Use Permit to operate a
truck and freight terminal at 3240 Bandini Boulevard, the time
being 5:19 p.m. Motion carried.
victor Vaits, Director of Community Services,
addressed the City Council and briefly summarized this matter for
them.
Communication from victor H. Vaits, Director of
Community Services, dated April 2, 1992, was presented, advising
that Trans Western Systems, Inc. has applied for a Conditional
Use Permit to operate a truck and freight terminal at 3240
Bandini Boulevard, and transmitting the following supporting
documents:
1. Request for Conditional Use Permit and
information supporting the permit.
... 441a,
I
I
City Council Minutes
page 2
April 7, 1992
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
The operation of Trans Western Systems, Inc., 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
and 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 3240 Bandini Boulevard
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, Trans
Western Systems, 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.
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. All cracked sidewalk shall be repaired. Unused
driveways shall be removed and replaced with
curb, gutter and sidewalk. Guard posts shall be
constructed at the ends of driveways. The main
driveway entrance shall be widened as directed
by the Director of Community Services.
4 <<~l~~ . ~.
I
I
City Council Minutes
page 3
April 7, 1992
i. 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 lines
shall be established along such frontage, except
driveways, walkways or where other openings are
necessary.
Based on the aforementioned, Mr. Vaits is recommending 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 "a" thru "i".
Mayor Malburg asked if there was anyone in the
audience who had any questions or comments on this matter.
There was no one in the audience who had any
questions or comments.
It was moved by McCormick, seconded by Davis, to
close the Public Hearing regarding the request for a Conditional
Use Permit by Trans Western Systems, Inc., the time being 5:23
p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the Director of Community services dated
April 2, 1992 and all supporting documents submitted during the
Public Hearing be received and filed. Motion carried.
It was moved by McCormick, seconded by Davis, that
the following actions be taken:
1. The City Council finds 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 "a" thru "i".
RESOLUTION NO. 6081 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to Trans Western Systems, Inc. for the Operation of a Truck and
Freight Terminal at 3240 Bandini Boulevard, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6081 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 10, 1992, was presented, 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. (Deferred from the city
Council Meeting held March 17, 1992.)
.. 441l- ~
I
I
City Council Minutes
page 4
April 7, 1992
It was moved by Gonzales, seconded by
the communication from the City Clerk dated March
received and filed and that his recommendation be
Motion carried.
Ybarra, that
10, 1992 be
approved.
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, was presented. (Deferred
from the City Council Meeting held March 17, 1992.)
It was moved by McCormick, seconded by Davis, that
Resolution No. 6072 be approved and adopted. Motion carried.
Communication from Louis Rosenkrantz, Chief of
Police, dated March 13, 1992, was presented, requesting authority
and funds for Lieutenant Les Brown to attend the California
Association of Labor Relations Officers' Meeting in Palm Springs,
May 6-8, 1992 with an expense allowance of $312.80.
It was moved by Davis, seconded by Ybarra, that
authority be granted for Lt. Les Brown to attend the California
Association of Labor Relations Officers' Meeting in Palm Springs,
May 6-8, 1992, with an expense allowance of $312.80. Motion
carried.
Communication from Bruce V. Malkenhorst, City
Clerk, dated March 18, 1992, was presented, requesting authority
and funds for himself, Mayor Pro Tem Thomas Ybarra, and
Councilmen William Davis and Hilario Gonzales to attend the
California Municipal Treasurer's Association Seminar in
Sunnyvale, California, April 21-24, 1992, with an expense
allowance of $1020 each.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for the aforementioned city officials to
attend the California Municipal Treasurer's Association Seminar
in Sunnyvale, California, April 21-24, 1992, with an expense
allowance of $1020 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 23, 1992, was presented, advising that Smart & Final
has requested an extension of their permit for a temporary office
trailer at 4724 Boyle Avenue. Their remodeled office space will
be ready within five months, and it is hereby recommended that
said permit be extended to February 14, 1993.
It was moved by Ybarra, seconded by Davis, that the
permit for a temporary office trailer for Smart & Final be
extended to February 14, 1993. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 23, 1992, was presented, advising that Kop Coat,
Inc., located at 5431 District Boulevard has requested a Variance
from the 1988 Uniform Building Code, section 503(d): "Fire
Ratings for Occupancy Separations." Transmitted herewith is an
Engineer's report as prepared by the Department of Community
Services. The company is proposing to construct a 125 foot long
by 10 foot wide canopy which will be attached to an existing
building. Non-flammable paints will be stored under the canopy.
This has been reviewed by the Director of Community Services and
the Fire Chief, and if the Variance is approved no additional
hazards will be introduced. It is hereby recommended that the
Variance be granted contingent upon the following "Conditions:"
1. Only non-flammable products shall be stored under
the canopy. At least two signs stating,
NON-FLAMMABLE STORAGE ONLY, shall be posted and
maintained under the canopy;
..' .44'10
I
I
City Council Minutes
page 5
April 7, 1992
2. The canopy shall be sprinklered as approved by
the Director of Community Services;
3. Upon any change in occupancy, ownership or use,
the canopy shall be removed.
It was moved by Gonzales, seconded by Ybarra, that
the communication from the City Clerk dated March 23, 1992, be
received and filed; and that the Variance be granted to Kop Coat,
Inc., contingent upon the aforementioned three (3) "Conditions."
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 23, 1992, was presented, advising that Vie De France
Bakery Yamazaki, Inc. has requested a Variance from the 1988
Edition of the Uniform Building Code Table No. 5a: "Wall and
Opening Protection of Occupancies Based on Location on Property."
Transmitted herewith is the Engineer's Report as prepared by the
Department of Community Services. The company, located at 3046
50th Street, is expanding into an adjacent building at 3068 50th
Street, and is proposing to construct two 12' by 12' openings to
gain direct access between the two buildings. This has been
reviewed by the Director of Community Services and the Fire Chief
and if the Variance is approved no additional hazards will be
introduced. It is hereby recommended that the Variance be
granted contingent upon the following "Conditions:"
1. A three-hour fire rated door assembly shall
be provided at each opening with fusible links on
both sides of the opening;
2. Upon any changes in occupancy, ownership or use,
the openings shall be permanently sealed.
It was moved by Gonzales, seconded by McCormick, that
the communication from the City Clerk dated March 23, 1992, be
received and filed; and that the Variance be granted to Vie De
France Bakery Yamazaki, Inc., contingent upon the aforementioned
two (2) "Conditions." Motion carried.
Communication from Victor H. Vaits, Director of
Community Services, dated March 23, 1992, was presented,
transmitting a fully executed grant deed from Faramarz Fred
Faramarzi, Farzaneh Ahadian, Mansour Faramarzipour and Mahin
Yashar Faramarzipour for a piece of land (approximately 3,000
square feet) located on Fruitland just east of Seville Avenue.
The property will be used for street purposes. This has been
reviewed by the City Attorney and it is hereby recommended that
the Grant Deed be accepted and the Certificate of Acceptance be
approved and executed.
It was moved by Ybarra, seconded by Gonzales, that
the Grant Deed from Faramarz Fred Faramarzi, Farzaneh Ahadian,
Mansour Faramarzipour and Mahin Yashar Faramarzipour be accepted,
and that the Certificate of Acceptance be approved and executed.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 23, 1992, was presented, advising that the Joint
Powers Agreement creating the Southeast Transportation Authority
has been executed by a total of five cities: Compton, Huntington
Park, South Gate, Lynwood and Vernon. Under the terms of Article
4 of the Joint Powers Agreement, the Southeast Transportation
Authority now formally exists. Formal notification was sent out
to the five member cities on February 13, 1992. At this time, it
is necessary for the City to appoint two representatives to serve
on the Southeast cities Transportation Authority, and it is
hereby recommended that a Councilmember be appointed as a
Director and that victor Vaits, Director of Community Services,
be appointed as Alternate Director.
. (,"9:
I
I
City Council Minutes
page 6
April 7, 1992
It was moved by McCormick, seconded by Davis, that
the communication from the City Clerk dated March 23, 1992, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6079 - A Resolution of the City
Council of the City of Vernon Reappointing Thomas A. Ybarra to
represent the City of Vernon as a Director on the Governing Board
of the Southeast Cities Transportation Authority and Appointing
Victor H. vaits, Director of Community Services, to Act As Its
Alternate Director.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 6079 be approved and adopted. Motion carried.
RESOLUTION NO. 6082 - A Resolution of the City
Council of the City of Vernon Opposing State Senator Morgan's
Bill, S.B. 1757, Which Would Change Existing State Law by
Exempting All Public Utility Property from Eminent Domain, was
presented.
David B. Brearley, City Attorney, addressed the City
Council and briefly summarized this matter for them.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6082 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 23, 1992, was presented, advising that in an effort
to control legal expenses and assure competent services from
defense counsel, the Independent cities Risk Management Authority
(ICRMA) has recommended that all cities participating in the
ICRMA Liability Programs establish a formal litigation management
program. Transmitted herewith is a copy of "Independent cities
Risk Management Authority's Model Litigation Management
Guidelines" as submitted by the Risk Manager. The program
requires the following elements:
1. Participation in the selection process by both
the City and its claims adjustor.
2. Use of qualified attorneys.
3. Case analysis and defense strategy.
4. A defense budget and a review process.
ICRMA Governing Board has established a premium credit of up to
two percent for establishing a written litigation management
program incorporating the above four elements; however this
program must be approved and implemented by April 10th in order
to receive this credit. This has been reviewed by the Risk
Manager and the City Attorney, and it is hereby recommended that
the Model Litigation Management Program be approved and adopted.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated March 23, 1992, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6083 - A Resolution of the city
Council of the City of Vernon Approving and Adopting a Model
Litigation Management Program in Accordance with the Model
Litigation Management Guidelines Recommended by the Independent
Cities Risk Management Authority (ICRMA) for the Management of
Personal Injury Litigation, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6083 be approved and adopted. Motion carried.
4~tO:$
I
I
City Council Minutes
page 7
April 7, 1992
Communication from Victor H. Vaits, Director of
Community Services, dated March 23, 1992, was presented,
transmitting results as listed below of bids received and opened
March 17, 1992 in accordance with Contract No. 512, Resurfacing
of Certain Streets, and recommending that said Contract be
awarded to Silvia Construction, Inc., 2209 Arrow Rte., Upland,
California 91786, on the basis of their bid of $276,341.54:
Silvia Construction, Inc.
Boral Resources, Inc.
Sulley-Miller Contracting Company
Griffith Company
Robert Escudero, Inc.
Excel Paving Company
$276,341.54
284,693.21
287,147.17
290,112.82
296,844.13
309,035.74
It was moved by Ybarra, seconded by Davis, that the
communication from the Director of community Services dated March
23, 1992, be received and filed, and that his recommendation be
approved. Motion carried.
RESOLUTION NO. 6080 - A Resolution of the City
Council of the City of Vernon Accepting the Bid of Silvia
Construction, Inc. for Resurfacing of Certain Streets in
Accordance with Contract No. 512 of the City of Vernon and
Approving the Execution of Said Contract, wa~ presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 6080 be approved and adopted. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated March 26, 1992, was presented, requesting authority and
funds for Police Officers David Lopez, Penny Turner, John Combado
and Jerry Winegar to attend the Fingerprint Pattern Recognition
Course in Pasadena, April 28-30, 1992 with an expense allowance
of $71.40 each of which $47.40 each will be reimbursed by POST.
It was moved by McCormick, seconded by Ybarra, that
authority be granted for Officers David Lopez, Penny Turner, John
Combado and Jerry Winegar to attend the Fingerprint Pattern
Recognition Course in Pasadena, April 28-30, 1992, with an
expense allowance of $71.40 each. Motion carried.
Communication from Kenneth DeDario, Director of Light
and Power, dated March 26, 1992, was presented, requesting
authority and funds for James Siegert, Power Plant
Superintendent, to attend the Third Annual Allison 570/571 User's
Meeting in Indianapolis, Indiana, April 27-29, 1992, with an
expense allowance of $1,294.40.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for James Siegert to attend the Third Annual
Allison 570/571 User's Meeting in Indianapolis, Indiana, April
27-29, 1992, with an expense allowance of $1,294.40. Motion
carried.
Communication from Kenneth J. DeDario, Director of
Light and Power, dated March 30, 1992, was presented, requesting
authority and funds to attend the California-Oregon Transmission
Project Long Term Participation Agreement Meeting in Sacramento,
April 9-10, 1992, with an expense allowance of $311.86.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Kenneth DeDario to attend the
California-Oregon Transmission Project Long Term Participation
Agreement Meeting in Sacramento, April 9-10, 1992, with an
expense allowance of $311.86. Motion carried.
J. ",
. .s
440?:
I
I
City Council Minutes
page 8
April 7, 1992
Communication from Kenneth J. DeDario, Director of
Light and Power, dated March 30, 1992, was presented, requesting
authority and funds for Bob Tang, Associate Power Engineer, to
attend the Demand Side Program Analysis Workshop in Riverside,
April 14-15, 1992, with an expense allowance of $126.00.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Bob Tang to attend the Demand Side
Program Analysis Workshop in Riverside, April 14-15, 1992, with
an expense allowance of $126.00. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 31, 1992, was presented, requesting authority and
funds for Gloria Orosco, Chief Deputy City Clerk, to attend the
Association of Records Managers and Assistants 1992 Chapter
Conference in Phoenix, Arizona, April 16-17, 1992, with an
expense allowance of $458.00.
It was moved by Davis, seconded by Ybarra, that
authority be granted for Gloria Orosco to attend the Association
of Records Managers and Assistants 1992 Chapter Conference in
Phoenix, Arizona, April 16-17, 1992, with an expense allowance of
$458.00. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 31, 1992, was presented, advising that Hi Point
Industries, Inc. has requested a variance from section 307 of the
1988 Uniform Plumbing Code which states that no plumbing system
shall be located in any lot other than the lot which is the site
of the building, structure or premises served by such facilities.
The company occupies the buildings located at 4755 and 4767 49th
Street and is proposing to run plumbing lines between the two
properties which will include four chill water lines, a condenser
supply and return line, and a waste water line. Submitted
herewith is the Engineer's report as prepared by the Department
of Community Services. This has been reviewed by the Director of
Community Services and if the Variance is granted no additional
hazards will be introduced. It is hereby recommended that the
Variance be granted contingent upon the following "Condition:"
1. Upon any changes in occupancy, ownership or
use all plumbing lines which cross property
line shall be removed.
It was moved by McCormick, seconded by Ybarra, that
the communication from the City Clerk dated March 31, 1992, be
received and filed; and that the Variance be granted to Hi Point
Industries, Inc. contingent upon the aforementioned condition.
Motion carried.
Communication from victor H. Vaits, Director of
Community Services, dated April 2, 1992, was presented,
requesting authority and funds to attend the National Road and
Street Maintenance Conference in Las Vegas, May 5-7, 1992, with
an expense allowance of $784.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Victor vaits to attend the National Road
and Street Maintenance Conference in Las Vegas, May 5-7, 1992,
with an expense allowance of $784. Motion carried.
Communication from victor vaits, Director of
Community Services, dated April 2, 1992, was presented,
transmitting a fully executed grant deed for street purposes from
APEX Property Exchange, Inc., for a portion of property
(approximately 1736.98 square feet) on the northerly line of 26th
Street. This has been reviewed by the City Attorney, and it is
hereby recommended that the grant deed be accepted and the
certificate of Acceptance be approved and executed.
4400......
I
I
City Council Minutes
page 9
April 7, 1992
It was moved by Gonzales, seconded by Davis, that the
Grant Deed from APEX Property Exchange, Inc., be accepted, and
the Certificate of Acceptance be approved and executed. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated April 2, 1992, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held April 6,
1992, for approval of the recommendations contained therein.
The City Clerk asked that this matter be deferred
until after Closed Session later this date.
It was moved by Ybarra, seconded by Davis, that the
matter of the April 6, 1992 Personnel Committee Meeting Agenda be
deferred to Closed Session later this date. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 2, 1992, was presented, advising that on March 17,
1992, the Council adopted Resolution No. 6076 which authorized
the donation of surplus property (computer equipment) to the
Vernon Chamber of Commerce pursuant to section 37350 of the
Government Code. After evaluation of the property by the
Chamber, it was determined that this would not be beneficial to
them. At this time, it is hereby recommended that said property
be declared "surplus" pursuant to section 2.3;1. of the Vernon City
Code and disposed of in the most economical way.
It was moved by Gonzales, seconded by Ybarra, that
the communication from the City Clerk dated April 2, 1992, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6085 - A Resolution of the City
Council of the City of Vernon Authorizing the Sale of Surplus
Property from the City Clerk's Department (Finance-Various
Departments) Pursuant to Section 2.31 of the Vernon City Code,
was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6085 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 2, 1992, was presented, advising that we have been
made aware of the current version of the Governor's Budget for
the next fiscal year and its proposal to shift 347 million
dollars worth of local property tax revenue from water, sewer,
and other "enterprise" special districts to schools. The Budget
language states that districts "should be able to compensate for
the loss in property taxes by increasing the operating income
from other sources." Unfortunately for the Los Angeles County
Sanitation District those other sources would be homeowners,
commercial buildings, and industries within the District's
service area. This proposal would result in major fee increases
to various Sanitation Districts in Los Angeles County at an
average of about 33 percent and going as high as 75 percent.
Presently the "Proposition 98 Guarantee" provides for schools
that a certain percentage of the State Budget be set aside for
schools. Based on the aforementioned, it is imperative that we
notify the State Legislature of the unfairness in placing the
burden of balancing the State's Budget on sewer and other utility
users.
It is hereby recommended that the following resolution,
Resolution No. 6084, be approved and adopted which relays our
opposition to that portion of the proposed Governor's Budget that
would take 347 million dollars away from sewer and other utility
users.
4405
I
I
City Council Minutes
page 10
April 7, 1992
It was moved by Ybarra, seconded by Mccormick, that
the communication from the City Clerk dated April 2, 1992, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6084 - A Resolution of the City
Council of the City of Vernon Opposing the Proposed provision in
Governor Wilson's Budget for Fiscal Year 1992-1993 Which Would
Take $347 Million in Property Tax Revenues From Special Districts
and Transfer That Amount to Schools, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 6084 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 836 governing claims and demands
presented during the period of March 13 thru April 2, 1992, drawn
on the First Interstate Bank totaling $206,771.26, which includes
Demand Nos. 36514 thru 36807 (inclusive), excluding Light & Power
Demands and Void Demands as listed below (accounting period
April, 1992) was examined and audited:
36514
36524
36525
36527
36542
36598
36599
36600
36601
36763
It was moved by Mccormick, seconded by Davis, that
Warrant Register No. 836 be approved and payment authorized for
claims and demands totaling $206,771.26, excluding Light & Power
Demands. Motion carried.
WARRANT REGISTER NO. 836 covering claims and demands
presented during the period of March 13 thru April 2, 1992, drawn
on the First Interstate Bank totaling $3,877,437.03, which
includes Light and Power Demand Numbers as listed below
(accounting period April, 1992) was examined and audited:
36516 36551 36589 36648 36734 36788
36528 36552 36590 36657 36735 36791
36529 36560 36591 36665 36741 36805
36536 36567 36593 36674 36744 36806
36537 36571 36594 36675 36745
36541 36573 36596 36677 36749
36544 36576 36606 36680 36760
36547 36579 36615 36687 36764
36548 36580 36639 36706 36770
36549 36582 36640 36712 36773
36550 36588 36641 36723 36778
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 836 be approved and payment authorized for
claims and demands totaling $3,877,437.03. Motion carried.
Councilman Davis abstained from voting and disqualified himself
because it is reasonably foreseeable that the decision may have a
material financial effect on his source of income.
Consideration of the assignment by Eldorado Hills
Community Services District to Shasta Dam Public utilities
District of California-Oregon Transmission Project Entitlement.
David B. Brearley, City Attorney, addressed the City
Council and briefly summarized this matter.
RESOLUTION NO. 6086 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Assignment of an Entitlement in the California-
Oregon Transmission Project by El Dorado community services
District to Shasta Dam Area Public Utility District, was
presented.
4"404
I
I
City council Minutes
page 11
April 7, 1992
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 6086 be approved and adopted. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the Council go into Closed Session, Personnel, pursuant to
Government Code section 54957, the time being 6:10 p.m. Motion
carried.
All persons were excluded from Closed Session with
the exception of the City Clerk, City Attorney, Fire Chief,
Director of Environmental Health, Firefighter Vernon Sem and
Environmental Specialist John Reid.
The Mayor ordered all communications to and from
Closed Session deemed privileged and confidential.
The Fire Chief, Vernon Sem and John Reid were excused
at 6:11 p.m.
The Director of Environmental Health was excused at
6:15 p.m.
The Fire Chief returned to Closed Session at 6:17
p.m.
The Fire Chief was excused at 6:30 p.m.
John Reid returned to Closed Session at 6:35 p.m.
Mr. Reid was excused at 6:40 p.m.
Vernon Sem returned to Closed Session at 6:42 p.m.
Mr. Sem was excused at 7:05 p.m.
It was moved by Ybarra, seconded by McCormick, that
the Council go out of Closed Session and resume Regular Session,
the time being 7:10 p.m. Motion carried.
The Mayor declared a recess at 7:10 p.m.
The Council reconvened in regular session at 7:12
p.m.
It was moved by McCormick, seconded by Ybarra, that
the matter of Vernon Sem be referred to the City Administrator
for further investigation. Motion carried.
It was moved by Gonzales, seconded by McCormick, 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), the time being 7:12 p.m. Motion carried.
All persons with the exception of the city Clerk and
the City Attorney were excluded from Closed Session.
The Mayor ordered all communications to and from
Closed Session deemed privileged and confidential.
Councilman Davis was excused at 7:20 p.m.
Councilman Davis resumed his seat on the Council at
7:30 p.m.
It was moved by McCormick, seconded by Ybarra, that
the Council go out of Closed Session and resume Regular Session,
the time being 7:35 p.m. Motion carried.
.!t~--:l--'I .~'..
4i4283?
I
I
City Council Minutes
page 12
April 7, 1992
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated April 2, 1992, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held April 6,
1992, for approval of the recommendations contained therein
(deferred from an earlier time during this meeting) .
It was moved by Gonzales, seconded by Ybarra, that
the recommendations listed on the Agenda for the Personnel
Committee Meeting held April 6, 1992, be approved as submitted.
Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the Vernon/Edison Settlement Agreement, FERC Docket Nos. ER76-
205, ER79-150, ER81-177, ER82-427, ER84-75, ER86-271, and ER88-
83, be approved, and that the Mayor be authorized to execute the
Agreement. Motion Carried. Councilman Davis abstained from
voting on the above motion and disqualified himself because it is
reasonably foreseeable that the decision will have a material
financial effect on his source of income.
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.
~..........::C-::. .~~-~r;ac?~.
- (L.~onis C. Malbu g
Mayor
ATTEST:
/~
.~
/->-
Bruce V. Malkenhorst
City Clerk
4:~,:~ 2