19920505 Regular City Council Meeting - Minutes
I
I
MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD MAY 5,
1992 IN THE COUNCIL CHAMBERS OF THE
CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Gonzales, Davis, McCormick
MEMBERS ABSENT: Malburg, Ybarra
The meeting was called to order by Acting Mayor Pro
Tem Gonzales.
It was moved by Davis, seconded by McCormick, that
the minutes of the Adjourned Regular City Council Meeting held
April 27, 1992, be deferred to the next City Council Meeting to
be held May 19, 1992. Motion carried.
Twenty-Five Year Service Pin to be presented to
Terrell Gresham, Community Services Department.
It was moved by McCormick, seconded by Davis, that
the aforementioned Service pin presentation be deferred until Mr.
Gresham returns from vacation. Motion carried.
Police Department Activity Log for the period April
16 thru 30, 1992, was presented.
It was moved by Davis, seconded by Mccormick, that
the Police Department Activity Log for the period April 16 thru
30, 1992, be received and filed. Motion carried.
Fire Department Activity Report for the period April
16 thru 30, 1992, was presented.
It was moved by McCormick, seconded by Davis, that
the Fire Department Activity Report for the period April 16 thru
30, 1992, be received and filed. Motion carried.
At this time, Acting Mayor Pro Tem Gonzales 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.
Al Piecka, representing Aluminum Company of America
addressed the City Council and questioned the variance procedure
of the City of Vernon and addressed the concerns of the company
in requesting their variance. They wish to install a 500 gallon
vaulted above-ground tank and if this tank does not meet the
standards of the City of Vernon, the company will remove it. The
request is only an advantage to the City of Vernon.
Mayor Pro Tem Gonzales asked if there were any other
comments at this time.
David B. Brearley, City Attorney, advised that this
had been reviewed by the Community Services Department and the
Fire Department and they have recommended that this be denied,
and perhaps they should address the Council on this matter at
this time.
Kevin Wilson, Civil Engineering Associate in the
Community Services Department, summarized for the Council a
report that he had prepared with regard to this matter.
Mr. Brearley asked if Alcoa is still planning to
remove all underground tanks.
Mr. Piecka stated that they were.
'-'t
4383
I
I
City Council Minutes
page 2
May 5, 1992
Larry Spadt, Fire Chief, advised the Council that
underground tanks are safer today and that above-ground tanks
have a greater chance of explosion and fire due to their exposure
and are, in our opinion, more dangerous to the city. From a fire
protection standpoint, the Fire Department feels they are not as
safe.
Communication from Bruce V. Malkenhorst, city Clerk,
dated April 29, 1992, was presented, advising that Aluminum
Company of America, located at 5151 Alcoa Avenue, has requested a
Variance from the 1988 Uniform Fire Code (as amended by the City
of Vernon) Section 79.501 which reads "The storage of Class I and
Class II liquids in above-ground tanks outside of buildings is
prohibited within the City limits of the City of Vernon." Alcoa
is in the process of removing five underground tanks because of
environmental concerns associated with possible contamination of
soil and ground water. The company wants to eliminate a 1500
gallon underground gasoline tank and replace it with a 500 gallon
above-ground tank. The Director of Community Services is
recommending that this Variance be denied as granting the
Variance may set a precedent that would allow other property
owners the same option. Both the Community Services and Fire
Departments will review the City's position on above-ground tanks
later this year when preparing to adopt the 1991 Uniform Codes.
Based on the aforementioned, it is hereby recommended that the
request for a Variance from Aluminum Company of America be
denied.
It was moved by Davis, seconded by Mccormick, that
the communication from the City Clerk dated April 29, 1992, be
received and filed, and to approve his recommendation to deny the
request for a Variance trom Aluminum Company of America. Motion
carried.
Communication from Police Chief Louis Rosenkrantz,
dated April 8, 1992, was presented, requesting authority and
funds for Police Lieutenant Donald Green to attend the
Supervisory Development Seminar in San Simeon, California, June
3-5, 1992, with an expense allowance of $745.32 of which $644.48
will be reimbursed by POST.
It was moved by McCormick, seconded by Davis, that
authority be granted for Lt. Donald Green to attend the
Supervisory Development Seminar in San Simeon, California June 3-
5, 1992, with an expense allowance of $745.32. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated April 8, 1992, was presented, requesting authority and
funds for Elizabeth Sawickis, Records Manager, to attend the
California Law Enforcement Association of Record supervisors
Training Conference in San Francisco, May 12-15, 1992, with an
expense allowance of $640.40.
It was moved by Davis, seconded by Mccormick, that
authority be granted for Elizabeth Sawickis to attend the
California Law Enforcement Association of Record Supervisors
Training Conference in San Francisco, May 12-15, 1992, with an
expense allowance of $640.40. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated April 21, 1992, was presented, requesting authority and
funds for Police Sergeant James Rodino and Officer Daniel Vincent
to attend Laser Firearms Training in Los Angeles, May 19, 1992,
with an expense allowance of $106.16, each, which will be
reimbursed by POST.
It was moved by McCormick, seconded by Davis, that
authority be granted for Sgt. James Rodino and Officer Daniel
Vincent to attend Laser Firearms Training in Los Angeles, May 19,
1992, with an expense allowance of $106.16 each. Motion carried.
i 4384
I
I
City Council Minutes
page 3
May 5, 1992
Communication from Kenneth DeDario, Director of Light
and Power, dated April 21, 1992, was presented, requesting
authority and funds for Ali Nour, Electrical Engineering
Assistant, to attend the Electric service Equipment Requirements
Committee Meeting in San Diego, May 6-8, 1992, with an expense
allowance of $295.44.
It was moved by Davis, seconded
authority be granted for Ali Nour to attend
Equipment Requirements Committee Meeting in
1992, with an expense allowance of $295.44.
by Mccormick, that
the Electric Service
San Diego, May 6-8,
Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated April 22, 1992, was presented, requesting authority and
funds for Police Officers Steven Wiles and David Zapien to attend
the Basic Police Bicycle Operations Course in Sacramento, June 2-
5, 1992, with an expense allowance of $357.28 each, which will be
reimbursed by POST.
It was moved by McCormick, seconded by Davis, that
authority be granted for Officers Steven Wiles and David Zapien
to attend the Basic Police Bicycle Operations Course in
Sacramento, June 2-5, 1992, with an expense allowance of $357.28
each. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated April 27, 1992, was presented, requesting authority and
funds to attend the California Association of Polygraph Examiners
Seminar in Newport, June 12-13, 1992, with an expense allowance
of $345.60.
It was moved by Davis, seconded by McCormick, that
authority be granted for Chief Louis Rosenkrantz to attend the
California Association of Polygraph Examiners Seminar in Newport,
June 12-13, 1992, with an expense allowance of $345.60. Motion
carried.
Communication from Kenneth J. DeDario, Director of
Light and Power, dated April 29, 1992, was presented, requesting
authority and funds to attend the Fuel Cell Commercialization
Group Meeting in Hartford, Connecticut, June 10-11, 1992, with an
expense allowance of $1,220.00.
It was moved by Davis, seconded by Mccormick, that
the aforementioned request from Kenneth J. DeDario be referred to
the next Finance Committee Meeting. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 29, 1992, was presented, advising that Chem Tech
Systems, located at 3650 E. 26th Street, has requested an
extension of their permit for a temporary office trailer due to
on-going construction work. This has been reviewed by the
Director of Community Services, and it is hereby recommended that
the extension be granted to May 31, 1993.
It was moved by McCormick, seconded by Davis, to
extend the permit for a temporary office trailer at Chem Tech
Systems to May 31, 1993. Motion carried.
Communication from victor Vaits, Director of
Community Services, dated April 29, 1992, was presented,
requesting authority and funds for Mike DeFrank and Adrian
Yasutake to attend the Total Coliform Rule and Surface Water
Treatment Rule Workshop in Ontario, June 4, 1992, with an expense
allowance of $65.00 and $83.90 respectively.
It was moved by McCormick, seconded by Davis, that
authority be granted for Mike DeFrank and Adrian Yasutake to
attend the Total Coliform Rule and Surface Water Treatment
Workshop in Ontario, June 4, 1992, with an expense allowance of
$65.00 and $83.90 respectively. Motion carried.
4385
I
I
City Council Minutes
page 4
May 5, 1992
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated April 30, 1992, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held May 4,
1992, for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Davis, that
the recommendations listed on the Agenda for the Personnel
Committee Meeting held May 4, 1992, be approved as submitted.
Motion carried.
WARRANT REGISTER NO. 838 covering claims and demands
presented during the period of April 24 thru 30, 1992, drawn on
the First Interstate Bank totaling $111,376.22, which includes
Demand Nos. 37084 thru 37202 (inClusive), excluding Light & Power
Demands and Void Demand Nos. 37115 thru 37117 (inClusive) and
37153 (accounting period May, 1992), was examined and audited.
It was moved by Davis, seconded by McCormick, that
warrant Register No. 838 be approved and payment authorized for
claims and demands totaling $111,376.22, excluding Light & Power
Demands. Motion carried.
WARRANT REGISTER NO. 838 covering claims and demands
presented during the period of April 24 thru 30, 1992, drawn on
the First Interstate Bank totaling $3,381,090.02, which includes
Light & Power Demand Nos. as listed below (accounting period May,
1992), was examined and audited:
37085
37089
37090
37091
37094
37107
37108
37109
37111
37112
37170
37174
37177
37179
37186
37189
37190
37201
37202
37114
37119
37134
37146
37152
37154
37155
37158
37166
37169
At this time Councilman Davis read the following
statement and submitted a copy to the Council:
I have a statement to make regarding a matter on the
agenda. One of the groups of warrants is entitled "Light and
Power." Some of the warrants involve payments to companies other
than Southern California Edison, but which affect Edison. Some
of the warrants involve the payment of several million dollars to
Southern California Edison. I work for Southern California
Edison. Usually, I would not participate in any way regarding
any matter involving my employer, either directly or through
payments to other electric utilities, but I have been informed
that because Mayor Malburg and Mayor Pro Tem Ybarra are out of
state on vacation the City Council would not be able to approve
these payments today without my participation. As a result, by
FERC-approved tariff schedules, the City of Vernon would have to
pay interest penalties if these payments are delayed, so Edison
would wind up getting more money that way.
Government Code Section 87101 permits me to
participate in this decision under these circumstances, as long
as I am very specific about my interest. As I said, I work for
Southern California Edison. I have worked for that company more
than fifteen years. I am a line foreman. I have a pension plan
with Edison, and as part of that plan I own stock in the company.
I believe that this statement fulfills the
requirement that I disclose the existence of my financial
interest, and I ask the City Clerk to place this statement in the
minutes of this meeting.
It was moved by Mccormick, seconded by Gonzales, that
the "statement" read by Councilman Davis and submitted to the
City Council be received and filed. Motion carried.
· 4386
I
I
City Council Minutes
page 5
May 5, 1992
It was moved by McCormick, seconded by Davis, that
Warrant Register No. 838 be approved and payment authorized for
claims and demands totaling $3,381,090.02. Motion carried.
Consideration of Cotton, Beland and Associates'
proposal to do an Environmental Impact Report for the Final
Application of the Enterprise Zone Project.
Consideration of a proposed agreement with the
Magellan Group for the preparation of the Final Application for
the Enterprise Zone Project.
The City Clerk advised that the two aforementioned
matters should be referred to the Finance Committee for review.
It was moved by McCormick, seconded by Davis, that
the aforementioned matters pertaining to agreements with Cotton,
Beland and Associates and the Magellan Group be referred to the
next Finance Committee Meeting. Motion carried.
Acting Mayor Pro Tem Gonzales declared a recess at
5:45 p.m.
The Council reconvened in regular session at 5:47
p.m., all persons present before the recess again being present.
It was moved by McCormick, seconded by Davis, 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 5:48 p.m. Motion carried.
All persons with the exception of the City Clerk and
the City Attorney were excluded from Closed Session.
The Acting Mayor Pro Tem ordered all communications
to and from Closed Session deemed privileged and confidential.
It was moved by McCormick, seconded by Davis, that
the Council go out of Closed Session and resume Regular session,
the time being 5:56 p.m. Motion carried.
It was McCormick, seconded by Davis, that the Claim
of Mercury Casualty Company dated February 4, 1992, for personal
injury and property damage be denied. Motion carried.
There being no further business to come before the
Council at this time, it was moved by Davis, seconded by
McCormick, that the meeting adjourn. Motion carried.
~~! ~
Hilario non~les,
Acting Mayor Pro Tem
ATTEST~
t,,,~,,,,~
,
Bruce V. Malkenhorst
City Clerk
.. 4387