19920427 Regular City Council Meeting - Minutes
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MINUTES OF THE ADJOURNED REGULAR CITY
COUNCIL MEETING OF THE CITY OF VERNON
HELD APRIL 27, 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.
RESOLUTION NO. 6090 - A Resolution of the City
Council of the City of Vernon Authorizing the City Clerk to Make
and Deliver a Certificate of Election to Councilmen william Davis
and Hilario Gonzales, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 6090 be approved and adopted. Motion carried.
At this time, the City Clerk administered the Oath of
Office to both William Davis and Hilario Gonzales.
The Mayor called a recess at 5:10 p.m.
The Council reconvened in regular session at 5:15
p.m., all members present before the recess again being present.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 23, 1992, was presented, stating that now is the time
and place for the election of the Mayor and the Mayor Pro Tem.
It was moved by Davis, seconded by McCormick, that
Leonis C. Malburg be elected Mayor. Motion carried.
It was moved by Davis, seconded by McCormick, that
Thomas A. Ybarra be elected Mayor Pro Tem. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 23, 1992, was presented, stating that now is the time
and place for the appointment of members on the following
Committees:
Personnel Committee
Finance Committee
Police and Fire Commissions
Mayor Malburg appointed himself, William Davis and
Thomas Ybarra to the Personnel Committee.
Mayor Malburg appointed himself, Hilario Gonzales and
Thomas Ybarra to the Finance Committee, and also recommended that
William Davis be appointed to serve on the Finance Committee
during his absence at all meetings in May and June.
Mayor Malburg appointed himself, William McCormick
and Thomas Ybarra to the Police and Fire Commissions.
It was moved by Ybarra, seconded by McCormick, that
the minutes of the City Council Meeting held March 17, 1992, be
approved as submitted and adopted. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
minutes of the Special Meeting of the City Council held March 26,
1992, be approved as submitted and adopted. Motion carried.
It was moved by Ybarra, seconded by Mccormick, that
the minutes of the City Council Meeting held April 7, 1992, be
approved as submitted and adopted. Motion carried.
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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:
THREE YEARS
FIVE YEARS
SIX YEARS
Jed Hulsey, F.D.
Mario Mendoza, c.s.
Dan Downing, Health
Jorge Somoano, L.P.
The Police Chief accepted a Two Year Award on behalf of Eliseo
Genera, Police Department, who was unable to attend the meeting.
The Mayor called a recess at 5:20 p.m.
The Council reconvened in regular session at 5:22
p.m., all members present before the recess again being present.
Police Department Activity Log for the period April 1
thru 15, 1992, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period April 1 thru 15,
1992, be received and filed. Motion carried.
Fire Department Activity Report for the period April
1 thru 15, 1992, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Fire Department Activity Report for the period April 1 thru
15, 1992, be received and filed. Motion carried.
Health Department Report for the month of March,
1992, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Health Department Report for the month of March, 1992, be
received and filed. Motion carried.
Risk Management Report for the month of March, 1992,
was presented.
It was moved by Davis, seconded by Gonzales, that the
Risk Management Report for the month of March, 1992, 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 present in the audience who wished
to address the City Council at this time.
It was moved by McCormick, seconded by Ybarra, to
open the Public Hearing to consider a request from Primo
Corporation, Inc. for a Conditional Use Permit to operate a
recycled materials processing facility at 3301 Fruitland Avenue,
the time being 5:23 p.m. Motion carried.
victor vaits addressed the City Council and
summarized this matter for them.
Communication from victor H. Vaits, Director of
Community Services, dated April 23, 1992, was presented, advising
that Primo Corporation, Inc. has applied for a Conditional Use
Permit to operate a recycled materials processing facility at
3301 Fruitland Avenue, and transmitting the following supporting
documents:
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1. Request for Conditional Use Permit and
information supporting the permit;
2. Engineer's Report;
3. Initial study;
4. Notices of Public Hearing, Notices of Intent,
copies of notification letters to owners and
tenants in the area 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.
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 the appropriate codes, rules, and
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.
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 parking and loading 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.
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.
g. In accordance with National Pollutant Discharge
Elimination System permit regulations, Primo
Corporation, 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.
h. All processing and recycling operations shall
take place within the existing buildings. No
equipment or materials shall be stored outside
with the exception of pallets or materials stored
within tankers or trailers. Adequate written
plans and materials must be available for
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cleaning up leaks or spills of plastic materials
or other substances associated with the operation
of Primo Corporation, Inc.
i. The three truck dock doors on the westerly face
of the subject facility whose loading spaces
extend into Alcoa Avenue shall be permanently
sealed.
j. Broken or cracked sidewalk, curb, gutter or
driveway in Fruitland Avenue and Alcoa Avenue
adjacent to the site shall be repaired as
directed by the Director of Community Services.
k. The entire site shall have a neat and clean
appearance and shall be kept free of dust, mud,
weeds and trash. The site and surrounding areas
shall be kept free of all plastic materials
associated with Primo's operation including, but
not limited to, raw materials, recycled
materials, finished product, pellets and waste
material.
I. The facility shall meet the requirements of any
regulations adopted pursuant to Public Resources
Code, Section 43209 and the requirements of any
other applicable sections of the California
Integrated Waste Management Act of 1989 (Public
Resources Code, section 40000, et. seq.).
m. Primo Corporation, Inc. shall obtain all required
federal, state, local and regulatory agency
permits prior to operation.
n. Primo Corporation shall maintain records of all
plastics recycled at this facility that are
originally manufactured within the City of
Vernon. Records shall include the amount of
waste recycled and the name and location of the
company that produced it.
Based on the aforementioned, Mr. vaits is recommending that the
City Council determine that:
1. The project is consistent with the General
Plan as adopted by the City of Vernon;
2. The project will not have a significant
effect on the environment;
3. The project will not individually or
cumulatively have an adverse effect on wild-
life 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;
3. The Conditional Use Permit be approved and
granted contingent upon the aforementioned
Conditions "a" thru "n".
Mr. vaits advised the City Council that the language
in Condition "nil was changed to read as follows:
n. Primo Corporation shall maintain records, that
include the amount of waste recycled and the
name and location of the company that produced
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it, of all plastics recycled at this facility
so that it may be determined what plastics are
collected within the City of Vernon.
It was moved by McCormick, seconded by Davis, to
close the Public Hearing regarding the request from Primo
Corporation, Inc. for a Conditional Use Permit., the time being
5:27 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the Director of Community Services, dated
April 23, 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 City Council determine that the project is consistent with
the General Plan as adopted by the City of Vernon. Motion
carried.
It was moved by Gonzales, seconded by Ybarra, that
the City Council determine that the project will not have a
significant effect on the environment. Motion carried.
It was moved by Davis, seconded by Ybarra, that the
City Council determine that the project will not individually or
cumulatively have an adverse effect on wildlife resources.
Motion carried.
It was moved by Ybarra, seconded by McCormick, that a
Negative Declaration be adopted. Motion carried.
It was moved by Gonzales, seconded by Davis, that a
Notice of Determination and a De Minimis Finding be filed with
the County Clerk. Motion carried.
It was moved by Davis, seconded by Mccormick, that
the Conditional Use Permit be approved and granted to Primo
Corporation, Inc. contingent upon the aforementioned Conditions
"a" thru "n". Motion carried.
RESOLUTION NO. 6089 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to Primo Corporation, Inc. for the operation of a Recycled
Materials Processing Facility at 3301 Fruitland Avenue, was
presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6089 be approved and adopted. Motion carried.
Communication from Fire Chief Larry Spadt, dated
April 1, 1992, was presented, requesting authority and funds for
Firefighter Eric Purvis and Fire Captain James Smith to attend
the Vehicle Extrication and Rescue Seminar in Corona, April 25-
26, 1992, with an expense allowance of $130.70 each.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Firefighter Eric Purvis and Captain
James Smith to attend the Vehicle Extrication and Rescue Seminar
in Corona, April 25-26, 1992, with an expense allowance of
$130.70 each. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated April 2, 1992, was presented, requesting authority and
funds for Sergeant Robert Faldetta and Officer Gairon Johnson to
attend Laser Firearms Training at Biscaluiz Center, May 7, 1992,
with an expense allowance of $106.16 each which will be
reimbursed by POST.
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It was moved by McCormick, seconded by Davis, that
authority be granted for Sgt. Robert Faldetta and Officer Gairon
Johnson to attend Laser Firearms Training at Biscaluiz Center,
May 7, 1992, with an expense allowance of $106.16 each. Motion
carried.
Communication from Norman Michiels, Director of
Environmental Health, dated April 2, 1992, was presented,
requesting authority and funds for Dan Downing, Environmental
Specialist to attend the Reclaimed Wastewater Conference in
ontario, May 13, 1992, with an expense allowance of $157.31.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Dan Downing to attend the Reclaimed
Wastewater Conference in Ontario, May 13, 1992, with an expense
allowance of $157.31. Motion carried.
Communication from Louis Rosenkrantz, Police Chief,
dated April 7, 1992, was presented, requesting authority and
funds to attend the Los Angeles County Chief's Executive Seminar
in Palm Springs, May 20-22, 1992, with an expense allowance of
$382.14 of which $225.04 will be reimbursed by POST.
It was moved by Davis, seconded by Ybarra, that
authority be granted for Chief Louis Rosenkrantz to attend the
Los Angeles County Chief's Executive Seminar in Palm Springs, May
20-22, 1992, with an expense allowance of $382.14. Motion
carried.
Communication from Police Chief Louis Rosenkrantz,
dated April 10, 1992, was presented, requesting authority and
funds for Lieutenant Les Brown to attend the Labor Police
Management Conference in Las Vegas, May 31-June 1, 1992, with an
expense allowance of $399.70.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Lt. Les Brown to attend the Labor Police
Management Conference in Las Vegas, May 31-June 1, 1992, with an
expense allowance of $399.70. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 13, 1992, was presented, requesting authority and
funds for Christopher Romero, Administrative Aide, to attend a
symposium entitled "California: Here I Go?" in Los Angeles,
April 29, 1992, with an expense allowance of $155.10.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Christopher Romero to attend a symposium
entitled "California: Here I Go?" in Los Angeles, April 29,
1992, with an expense allowance of $155.10. Motion carried.
Communication from Bruce V. Malkenhorst, city Clerk,
dated April 15, 1992, was presented, advising that the Director
of Light and Power has submitted a fully executed Grant of
Easement from Dale Aaronson for a piece of property on the
northeast corner of Soto Street and Vernon Avenue for electric
services. It is hereby recommended that the Grant of Easement be
accepted and the Certificate of Acceptance be approved and
executed.
It was moved by McCormick, seconded by Gonzales, that
the communication from the City Clerk dated April 15, 1992, be
received and filed; the Grant of Easement be accepted; and the
Certificate of Acceptance be approved and executed. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 15, 1992, was presented, advising that the Director
of Light and Power has submitted a fully executed Grant of
Easement from the Orval Kent Food Company for a piece of property
on the southeast corner of Soto street and 50th Street for
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electric services. It is hereby recommended that the Grant of
Easement be accepted and the Certificate of Acceptance be
approved and executed.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated April 15, 1992, be
received and filed; the Grant of Easement be accepted; and the
Certificate of Acceptance be approved and executed. Motion
carried.
Communication from victor H. Vaits, Director of
Community Services, dated April 20, 1992, was presented,
requesting authority and funds for Utilityman David Roland to
attend an OSHA Training Course in Buena Park, May 18-20, 1992,
with an expense allowance of $120.24.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for David Roland to attend an OSHA Training
Course in Buena Park, May 18-20, 1992, with an expense allowance
of $120.24. Motion carried.
Communication from victor H. Vaits, Director of
Community Services, dated April 20, 1992, was presented,
requesting authority and funds for Senior Building Inspector
Richard Lucas to attend the I.C.B.O. 1991 Uniform Building Code
Update Seminar in Camarillo, May 6, 1992, with an expense
allowance of $70.00.
It was moved by Davis, seconded by McCormick, that
authority be granted for Richard Lucas to attend the I.C.B.O.
1991 Uniform Building Code Update Seminar in Camarillo, May 6,
1992, with an expense allowance of $70.00. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 22, 1992, was presented, advising that the Director
of Light and Power has submitted a Computation Report which
determines the Energy Cost Adjustment Billing Factor for the next
three month periOd. 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 of -$0.02455 per kwh be approved and adopted to be
effective for all bills rendered from May 1, 1992.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk dated April 22, 1992, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6092 - 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 McCormiCk, seconded by Gonzales, that
Resolution No. 6092 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 22, 1992, was presented, advising that Dynamic
Builders has designed a building located at 2343 37th Street with
an approximate floor area of 26,700 square feet. They are
proposing to have high-piled combustible storage within this
facility, and are requesting a variance from the Uniform Fire
Code, 1988 Edition, Section 81.109(a): "Access Roadways."
Submitted herewith is the Engineer's report as prepared by the
Department of Community Services. The Code states, "Access
roadways shall be provided to within 150 feet of all portions of
the exterior wall of any building used for high-piled combustible
storage in excess of 12,000 square feet." It is estimated that
there will be less than 20,000 square feet of high-piled storage.
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This has been reviewed by the Director of Community Services and
the Fire Chief and if the Variance is granted no additional
hazards will be introduced and the Variance shall run for the
life of the structure.
Based on the aforementioned, it is hereby recommended
that the Variance be granted contingent upon the following
Conditions:
1. A mutual access easement shall be provided for
the ten foot wide walkway to be located between
the buildings located at 2355 37th Street and
2343 37th street.
2. This walkway shall remain unobstructed at all
times.
It was moved by Gonzales, seconded by Ybarra, that
the communication from the City Clerk dated April 22, 1992, be
received and filed, and that the Variance be granted to Dynamic
Builders contingent upon the aforementioned Conditions 1 and 2.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 22, 1992, was presented, advising that Master Toys
and Novelties, located at 2355 37th street, has requested a
Variance from the Uniform Fire Code, 1988 Edition, section
81.109(a): Access Roadways." Submitted herewith is the
Engineer's report as prepared by the Department of Community
Services. The company is proposing to have high-piled
combustible storage within this facility which contains a floor
area of approximately 28,500 square feet. The Code states,
"Access roadways shall be provided to within 150 feet of all
portions of the exterior wall of any building used for high-piled
combustible storage in excess of 12,000 square feet." Master
Toys and Novelties proposes to have a little over 20,000 square
feet of high-piled storage. This has been reviewed by the
Director of Community Services and the Fire Chief and if the
Variance is granted no additional hazards will be introduced, and
the Variance shall run for the life of the structure.
Based on the aforementioned, it is hereby recommended
that the Variance be granted contingent upon the following
Conditions:
1. A mutual access easement shall be provided for
the ten foot wide walkway to be located between
the buildings located at 2355 37th Street and
2343 37th street.
2. This walkway shall remain unobstructed at all
times.
It was moved by Ybarra, seconded by Mccormick, that
the communication from the City Clerk dated April 22, 1992, be
received and filed, and that the Variance be granted to Master
Toys and Novelties contingent upon the aforementioned Conditions
1 and 2. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 22, 1992, was presented, advising that Golden Crown,
located at 2319 37th Street, has requested a Variance from the
Uniform Fire Code, 1988 Edition, Section 81.109(a): "Access
Roadways." Submitted herewith is the Engineer's Report as
prepared by the Department of Community Services. The company is
proposing to have high-piled combustible storage within this
facility which contains a floor area of approximately 20,500
square feet. The Code states, "Access roadways shall be provided
to within 150 feet of all portions of the exterior wall of any
building used for high-piled combustible storage in excess of
12,000 square feet." Golden Crown proposes to have approximately
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15,000 square feet of high-piled storage. This has been reviewed
by the Director of Community Services and the Fire Chief and if
the Variance is granted no additional hazards will be introduced,
and the Variance shall run for the life of the structure.
Based on the aforementioned, it is hereby recommended
that the Variance be granted contingent upon the following
Conditions:
1. A mutual access easement shall be provided for
the ten foot wide walkway to be located between
the buildings located at 2319 37th street and
2275 37th Street.
2. This walkway shall remain unobstructed at all
times.
It was moved by McCormick, seconded by Gonzales, that
the communication from the City Clerk dated April 22, 1992, be
received and filed, and that the Variance be granted to Golden
Crown contingent upon the aforementioned Conditions 1 and 2.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 22, 1992, was presented, advising that Big Save
International, located at 2575 Santa Fe Avenue, has requested a
Variance from the Uniform Fire Code, 1988 Edition, Section
81.109 (a) : "Access Roadways." Submitted herewith is the
Engineer's Report as prepared by the Department of community
Services. The company is proposing to have high-piled
combustible storage within this facility which contains a floor
area of approximately 38,000 square feet. The Code states,
"Access roadways shall be provided to within 150 feet of all
portions of the exterior wall of any building used for high-piled
combustible storage in excess of 12,000 square feet." Big Save
International proposes to have a little over 28,000 square feet
of high-piled storage. Due to the location of this structure, a
fire access walkway is not necessary as it has frontage on two
streets, unlike the other structures. If the Variance is granted
no additional hazards will be introduced. This has been reviewed
by the Director of Community services and the Fire Chief, and it
is hereby recommended that the Variance be granted.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk dated April 22, 1992, be
received and filed, and that the Variance be granted to Big Save
International. Motion carried.
RESOLUTION NO. 6078 - A Resolution of the City
Council of the City of Vernon Declaring Its Intention to
Reimburse Expenditures Relating to Electric System Capacity
Projects from the Proceeds of Tax-Exempt Bonds, was presented.
David B. Brearley, City Attorney, addressed the City
Council and briefly summarized this matter.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6078 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 22, 1992, was presented, transmitting Amendment No. 1
to The Operation and Maintenance Agreement with RMI Utility
Services, Inc. This amendment increases the level of staffing by
three employees and increases the scope of work to include
substation maintenance effective July 1, 1992. This has been
reviewed by the Director of Light and Power and the City
Attorney, and it is hereby recommended that said amendment be
approved and executed.
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It was moved by McCormick, seconded by Gonzales, that
the communication from the City Clerk dated April 22, 1992, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6087 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of Amendment No. 1 to the Operation and Maintenance
Agreement dated February 15, 1989 Between RMI Utility Services,
Incorporated and the City of Vernon Providing for an Increase in
Both the Level of Staffing and the Scope of Services, and
Rescinding Resolution No. 6030, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6087 be approved and adopted. Motion carried.
RESOLUTION NO. 6088 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Memorandum of Understanding Between the City of
Vernon Police Department and the California Highway Patrol (CHP)
Regarding the CHP-Originated Drug Investigations, was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 6088 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated April 23, 1992, was presented, transmitting the
Minutes of the Personnel Committee Meeting held April 20, 1992,
for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Ybarra, that
the Minutes of the Personnel Committee Meeting held April 20,
1992, be approved as submitted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated April 23, 1992, was presented, transmitting the
Minutes of the Finance Committee Meeting held April 14, 1992, for
approval of the recommendations contained therein.
It was moved by McCormick, seconded by Davis, that
the Minutes of the Finance Committee Meeting held April 14, 1992,
be approved as submitted. Motion carried.
RESOLUTION NO. 6091 - A Resolution of the City
Council of the City of Vernon Authorizing the Sale of Surplus
Property from the Light and Power Department Pursuant to Section
2.31 of the Vernon City Code, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6091 be approved and adopted. Motion carried.
Communication from Leonis C. Malburg, Mayor, dated
April 14, 1992, was presented, requesting to be excused from the
City Council meetings to be held on May 5, 19, and June 2, 1992.
It was moved by Davis, seconded by Ybarra, to excuse
Mayor Malburg from the City Council Meetings to be held on May 5,
19, and June 2, 1992. Motion carried.
WARRANT REGISTER NO. 837 covering claims and demands
presented during the period of April 3 thru 23, 1992, drawn on
the First Interstate Bank totaling $321,285.16, which includes
Demand Nos. 36808 thru 37083 (inclusive), excluding Light & Power
Demands and Void Demands as listed below (accounting period
April, 1992) was examined and audited:
36808
36809
36815
36816
36839
36879
36880
36881
36882
36883
36957
37067
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It was moved by
Warrant Register No. 837 be
claims and demands totaling
Demands. Motion carried.
Gonzales, seconded by Davis, that
approved and payment authorized for
$321,285.16, excluding Light & Power
WARRANT REGISTER NO. 837 covering claims and demands
presented during the period of April 3 thru 23, 1992, drawn on
the First Interstate Bank totaling $2,224,888.31, which includes
Light & Power Demand Nos. as listed below (accounting period
April, 1992) was examined and audited:
36810
36811
36813
36824
36825
36829
36834
36835
36836
36841
36842
36845
36846
36849
36850
36851
36852
36853
36862
36867
36868
36877
37021
37026
37033
37036
37038
37043
37045
37047
37053
37055
37057
37061
37065
37068
37074
37080
37081
37082
37083
36878
36884
36888
36889
36898
36899
36900
36906
36913
36916
36921
36922
36923
36930
36932
36936
36941
36944
36948
36950
36951
36958
36961
36974
36976
36980
36990
36993
36995
37004
37010
37017
37020
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 837 be approved and payment authorized for
claims and demands totaling $2,224,888.31. 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.
PAYROLL WARRANT REGISTER NO. 428 covering claims and
demands presented during the period of February 9 thru March 7,
1992, drawn on the First Interstate Bank totaling $1,204,898.81,
which includes Demand Nos. 6482 thru 6512 (inclusive) (accounting
period March, 1992), was examined and audited.
It was moved by Davis, seconded by Ybarra, that
Payroll Warrant Register No. 428 be approved and payment
authorized for claims and demands totaling $1,204,898.81. Motion
carried.
The City Clerk advised that the following matters
should be deferred to Closed Session later this date:
Consideration of settlement in claim of Magdalena
Martinez (Mancilla).
Consideration of partial settlement in claim of
Samuel Gierhan.
Consideration of a Letter Agreement with Tomer
Meghnagi, DBA T & R Valet Service, for reimbursement of property
claim.
The Mayor called a recess at 6:05 p.m.
The Council reconvened in regular session at 6:06
p.m., all members present before the recess again being present.
It was moved by Ybarra, seconded by McCormick, that
the Council go into Closed Session, Personnel, pursuant to
Government Code Section 54957, the time being 6:06 p.m. Motion
carried.
All persons were excused from Closed Session with the
exception of the City Clerk and City Attorney.
The Mayor ordered all communications to and from
Closed Session deemed privileged and confidential.
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City Council Minutes
page 12
April 27, 1992
It was moved by Gonzales, seconded by McCormick, that
the Council go out of Closed Session, Personnel, and resume
regular session, the time being 6:08 p.m. Motion carried.
It was moved by Ybarra, 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 6:10 p.m. Motion carried.
All persons were excused from Closed Session with the
exception of the City Clerk and City Attorney.
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, Attorney/Client privilege,
and resume regular session, the time being 6:28 p.m. Motion
carried.
It was moved by Gonzales, seconded by Davis, that the
claim of Magdalena Martinez (Mancilla) be accepted in the amount
of $8,000 contingent upon receipt of a fully executed release.
Motion carried.
The City Clerk presented a proposed Compromise and
Release in regard to the Workers' Compensation Appeals Board case
of Samuel Gierhan v. City of Vernon, Case No. WCAB 89 LBO 186819,
and recommended to the City Council that said Compromise and
Release be approved for a total lump sum of $20,000, excluding
the left ankle injury.
It was moved by Ybarra, seconded by Gonzales, that
the proposed Compromise and Release in the case of Samuel Gierhan
v. City of Vernon, Case No. WCAB 89 LBO 186819, for a total lump
sum of $20,000 be approved, and said Compromise and Release be
executed on behalf of the City of Vernon. (This does not include
the alleged injury to the left ankle.) Motion carried.
The City Clerk advised the Council that the City's
mobile phone had been stolen out of his car while it was parked
at a hotel and requested the approval of a letter agreement with
Tomer Meghnagi, dba T & R Valet Services, for reimbursement of
the property claim.
It was moved by Davis, seconded by Ybarra, that the
City Attorney be authorized to negotiate and sign an agreement
providing for the payment of the property claim. Motion carried.
The City Attorney advised the City Council that the
Public utilities commission of the State of California in Docket
No. I.86-06-005 had issued an order instituting an investigation
in order to implement a rate design for gas utility services
based upon long-run marginal cost, and that he had filed direct
testimony on behalf of the City in this case. The City Attorney
recommended that the City Council ratify and approve the City's
participation in this case because it would help support lower
rates for industrial customers.
It was moved by Ybarra, seconded by Mccormick, that
the City Attorney's recommendations be approved and ratified.
Motion carried.
The City Attorney indicated that the State Water
Resources Control Board was investigating municipal liability
under the Porter-Cologne Water Quality Control Act and
recommended that the City of Vernon support the City of Turlock
in its efforts to obtain a review of these matters before the
state Water Resources Control Board.
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City Council Minutes
page 13
April 27, 1992
It was moved by Davis, seconded by Gonzales, that
the City Attorney's recommendation be approved and the City
Attorney be authorized to send a written communication to the
state Water Resources Control Board urging it to consider this
issue which is of great importance to cities and other municipal
bodies. Motion carried.
There being no further business to come before the
Council at this time, it was moved by Ybarra, seconded by
McCormick, that the meeting adjourn. Motion carried.
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"'"', < -~~< ,UO-r:<../ ..,
~- ~onis C. ~g 'jl
Mayor
ATTEST:
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Bruce V. Malkenhorst
City Clerk
-4388
I
I
NOTICE OF ADJOURNMENT OF MEETING
OF THE CITY COUNCIL OF THE CITY OF VERNON
I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF VERNON TO BE HELD APRIL 21, 1992 AT 5 P.M.
IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER
OF THE CITY CLERK (QUORUM NOT PRESENT) TO APRIL 27, 1992 AT 5
P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT
4305 SANTA FE, AVENUE, VERNON, CALIFORNIA
~y }j;~.cJ
B uce V. Malkenhorst ~
City Clerk
Clerk
NOA