19930427 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, 1993 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 April 6, 1993, be
deferred to the next City Council Meeting to be held May 4, 1993.
Motion carried.
The City Clerk read the names of the following
employees and the Mayor presented them with perfect attendance
awards and extended congratulations on behalf of the City
Council:
Carol Childers, Engineering Aide
Leonard Grossberg, Env. Health Specialist
Robert Smith, Fire Engineer
James Wilcox, Env. Health Specialist
2 years
2 years
2 years
2 years
4 years
6 years
7 years
Jorge Somoano, Resource Planning Manager
Dan Downing, Env. Health Specialist
Mario Mendoza, Utilityman
The following employees were not in attendance at the meeting;
however, awards were accepted from the Mayor by their respective
supervisor or department head:
Patrick Keye, Utility Clerk
Eliseo Genera, Parking Control Officer
2 years
3 years
The Mayor called a recess at 5:12 p.m.
The Council reconvened in regular session at 5:15
p.m., all members present before the recess again being present.
Police Department Activity Log for the period April 1
thru 15, 1993, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period April 1 thru 15,
1993, be received and filed. Motion carried.
Fire Department Activity Report for the period April
1 thru 15, 1993, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Fire Department Activity Report for the period April 1 thru
15, 1993, be received and filed. Motion carried.
Health Department Report for the month of March,
1993, was presented.
It was moved by Gonzales, seconded by Ybarra, that
the Health Department Report for the month of March, 1993, be
received and filed. Motion carried.
Risk Management Report for the month of March, 1993,
was presented.
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Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 2
It was moved by McCormick, seconded by Davis, that
the Risk Management Report for the month of March, 1993, be
received and filed. Motion carried.
The City Clerk advised that now was the time for
anyone in the audience to address the City Council on any matter
listed on the Agenda other than with regard to any Public
Hearings that may be listed.
The Mayor asked if there was anyone in the audience
who wished to address the City Council on any matter listed on
the Agenda other than with regard to any Public Hearings that may
be listed.
There was no one in the audience who wished to
address the Council at this time.
Communication from Bruce V. Malkenhorst, City Clerk,
dated, April 15, 1993, was presented, advising that staff has
reviewed the report of Doctor Scott Haldeman, dated January 28,
1993 and, based on said report and the assessment of our Risk
Manager, it is hereby recommended that the industrial disability
retirement of Fire Captain Robert Salisbury be approved.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated April 15, 1993, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6241 - A Resolution of the City
Council of the City of Vernon Granting the Disability Retirement
of Robert Salisbury, a Local Safety Member Employed by the City
of Vernon (Government Code Sections 21024 and 21025), was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 6241 be approved and adopted. Motion carried.
It was moved by Ybarra, seconded by Davis, to open
the Public Hearing to consider a request from Century Fasteners,
Inc. for a Variance to allow the tenant to utilize seven non-
conforming truck docks at property located at 5015-5017 District
Boulevard, the time being 5:18 p.m. Motion carried.
victor H. Vaits, Director of Community Services,
addressed the City Council and summarized this matter for them.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 22, 1993, was presented, advising that Century
Fasteners, Inc. has requested a Variance from the Comprehensive
Zoning Ordinance, Section 26.4.2-8, Development Standards, for
the building located at 5015-5017 District Boulevard, and
transmitting the following evidence:
1. Application for Variance;
2. Affidavits of posting and mailing;
3. Notice of Public Hearing;
4. Engineer's Report.
The building has seven non-conforming truck docks, two measuring
48.4 feet in length; three measuring 24.9 feet in length; and two
measuring 59 feet in length from the street right-of~way. All
the docks measure at least 10 feet in width. They are proposing
to use only vehicles of a smaller length at these docks. This
has been reviewed by the Director of Community Services, and it
is hereby recommended that the Variance be granted contingent
upon the following "Condition:"
1. The usage of the truck docks be restricted
as follows:
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Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 3
a) The two 48.4 foot long loading spaces shall
be limited to vehicles with a maximum length
of 48 feet;
b) The three 24.9 foot long loading spaces shall
be limited to vehicles with a maximum length
of 24 feet; and
c) The two 59 foot long loading spaces shall be
limited to vehicles with a maximum length of
58 feet.
The Mayor asked if there was anyone in the audience who
wished to address the City Council on this Matter.
There was no one who wished to address the Council.
It was moved by Davis, seconded by Gonzales, to close
the Public Hearing regarding the request for a Variance by Century
Fasteners, Inc. the time being 5:20 p.m. Motion carried.
It was moved by Ybarra, seconded by McCormick, that the
communication from the City Clerk dated April 22, 1993 and the evi-
dence submitted during the Public Hearing be received and filed,
and that the Variance be granted to Century Fasteners, Inc. contin-
gent upon the aforementioned listed Condition No.1. Motion
carried.
RESOLUTION NO. 6235 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Century Fasteners,
Inc. from Section 26.4.2-8, Development Standards, of the Compre-
hensive Zoning Ordinance, for Property Located at 5015-5017 Dis-
trict Boulevard in the City of Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 6235 be approved and adopted. Motion carried.
It was moved by Ybarra, seconded by McCormick, to open
the Public Hearing to consider a request from N.A.F.A. Company for
a Variance to allow the tenant to utilize two non-conforming truck
docks at 4635 Fruitland Avenue, the time being 5:21 p.m. Motion
carried.
victor H. Vaits, Director of Community Services,
addressed the City Council briefly summarizing this matter for
them.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 22, 1993, was presented, advising that N.A.F.A. Company
has requested a Variance from the Comprehensive Zoning Ordinance,
Section 26.4.2-8, Development Standards, for the building located
at 4635 Fruitland Avenue, and transmitting the following evidence:
1. Application for Variance;
2. Affidavits of posting and mailing;
3. Notice of Public Hearing;
4. Engineer's Report
The building has two non-conforming truck docks, one measuring 11
feet wide by 23.7 feet long, and the other measuring 11 feet wide
by 59.6 feet long from the right-of-way line established in the
proposed Master Plan of Streets. They are proposing to use only
vehicles of a smaller length at these docks. This has been re-
viewed by the Director of Community Services, and it is hereby
recommended that the Variance be granted contingent upon the
following "Condition" which will allow Fruitland Avenue to be
widened to meet the Master Plan of streets width without encroach-
ing into the approved dock lengths:
1. The usage of the truck docks be restricted as
follows:
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Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 4
a. The 59.6 foot long loading space shall be
limited to vehicles with a maximum length
of 59 feet; and
b. The 23.7 foot long loading space shall be
limited to vehicles with a maximum length
of 23 feet.
The Mayor asked if there was anyone in the audience who
wished to address the City Council on this matter.
No one in the audience wished to address the Council.
It was moved by McCormick, seconded by Davis, to close
the Public Hearing regarding the request for a Variance by N.A.F.A.
Company, the time being 5:23 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated April 22, 1993 and the
evidence submitted during the Public Hearing be received and filed,
and that the Variance be granted to N.A.F.A. Company contingent
upon the aforementioned listed Condition No.1. Motion carried.
RESOLUTION NO. 6237 - A Resolution of the City Council
of the City of Vernon Granting a Variance to N.A.F.A Company from
Section 26.4.2-8, Development Standards, of the Comprehensive
Zoning Ordinance, for Property Located at 4635 Fruitland Avenue in
the City of Vernon, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 6237 be approved and adopted. Motion carried.
It was moved by McCormick, seconded by Ybarra, to open
the Public Hearing to consider a request from Grace Kimmy Designs
for a Variance to allow the tenant to utilize two non-conforming
truck docks at property located at 4770 District Boulevard, the
time being 5:25 p.m. Motion carried.
Victor H. Vaits, Director of Community Services,
addressed the City Council and briefly summarized this matter for
them.
Communication from Bruce V. Malkenhorst, City Clerk,
dated, April 22, 1993, was presented, advising that Grace Kimmy
Designs has requested a Variance from the Comprehensive Zoning
Ordinance, Section 26.4.2-8, Development Standards, for the build-
ing located at 4770 District Boulevard, and transmitting the
following evidence:
1. Application for Variance;
2. Affidavits of posting and mailing;
3. Notice of Public Hearing;
4. Engineer's Report
The building has four non-conforming truck docks, three measuring
27.9 feet in length and 14.4 feet wide, and one measuring 28.6 feet
in length and 17.9 feet wide. The owner is proposing to seal up
one of the 27.9 foot long docks, and one currently has a ramp
connected to it allowing trucks to drive into the building; there-
fore, the Variance request is only for two docks, one measuring
27.9 feet in length and one measuring 28.6 feet in length. This
has been reviewed by the Director of Community Services, and it is
hereby recommended that the Variance be granted contingent upon the
following "Conditions:"
1. The most easterly 14.4 foot wide loading space
and dock shall be sealed;
2. The usage of the remaining 27.9 foot long
dock shall be limited to vehicles with a
maximum length of 27 feet;
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Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 5
3. The usage of the 28.6 foot long loading space
shall be limited to vehicles with a maximum
length of 28 feet: and
4. No vehicles utilizing the dock with the ramp
shall be allowed to extend into the public right-
of-way.
The Mayor asked if there were any questions.
Councilman Davis asked what kind of business this is.
Mr. vaits stated it is a cloth screen printing company.
It was moved by Gonzales, seconded by Davis, to close
the Public Hearing regarding the request for a Variance by Grace
Kimmy Designs, the time being 5:27 p.m. Motion carried.
It was moved by Ybarra, seconded by McCormick, that the
communication from the City Clerk dated April 22, 1993 and the
evidence submitted during the Public Hearing be received and filed,
and that the Variance be granted to Grace Kimmy Designs contingent
upon the aforementioned listed Conditions Numbered 1 thru 4.
Motion carried.
RESOLUTION NO. 6236 - A Resolution of the city Council
of the City of Vernon Granting a Variance to Grace Kimmy Designs
from Section 26.4.2-8, Development Standards, of the Comprehensive
Zoning Ordinance, for Property Located at 4770 District Boulevard
in the City of Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that Resolu-
tion No. 6236 be approved and adopted. Motion carried.
It was moved by Ybarra, seconded by Gonzales, to open
the Public Hearing to consider a request from Fruitland Associates,
3336 Fruitland Avenue, for a Variance to construct an addition on
their existing structure over required automobile spaces, the time
being 5:32 p.m. Motion carried.
victor H. Vaits, Director of Community Services,
addressed the City Council and summarized this matter for them.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 22, 1993, was presented, advising that Fruitland
Associates have requested a Variance from the Comprehensive Zoning
Ordinance, Section 26.4.2-8(b), for the building located at 3336
Fruitland Avenue, and transmitting the following evidence:
1. Application for Variance;
2. Affidavits of Posting and Mailing;
3. Notice of Public Hearing;
4. Engineer's Report;
Fruitland Associates is proposing to construct a 4,040 square foot
addition to the existing building which will remove 22 required
parking spaces. They have leased a portion of the adjacent Los
Angeles Department of Water & Power right-of-way and, to access
this leased lot, eight additional parking spaces will have to be
removed. The addition itself will require four additional parking
spaces; therefore, the minimum number that shall be provided on the
leased lot shall be 34. Fruitland Associates has proposed to
provide 40 spaces, and they have agreed to demolish the addition
and restore the required parking spaces if they lose their lease on
the right-of-way. This has been reviewed by the Director of
Community Services, and it is hereby recommended that the Variance .
be granted contingent upon the following "Conditions:"
1. If Fruitland Associates loses its lease with
the Los Angeles Department of Water and Power
for the adjacent parcel of land, then the subject
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Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 6
addition shall be demolished and the required
automobile parking restored at 3336 Fruitland
Avenue.
2. The Los Angeles Department of Water and
Power parcel that is being leased shall
be paved and striped in a manner acceptable
to the Director of Community Services, and
shall provide an adequate number of parking
stalls so that the building at 3336 Fruitland
Avenue is in full compliance with Vernon's
parking standards.
The Mayor asked if there were any questions.
Councilman Davis asked if the company would be putting
in another driveway.
driveway.
Mr. Vaits stated no, there will not be an additional
It was moved by Ybarra, seconded by McCormick, to close
the Public Hearing regarding the request for a Variance by Fruit-
land Associates, the time being 5:32 p.m. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated April 22, 1993 and the
evidence submitted during the Public Hearing be received and filed,
and that the Variance be granted to Fruitland Associates contingent
upon the aforementioned listed Conditions. Motion carried.
RESOLUTION NO. 6234 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Fruitland Associates
from Section 26.4.2-8(b), of the Comprehensive Zoning Ordinance,
for Property Located at 3336 Fruitland Avenue in the City of
Vernon, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 6234 be approved and adopted. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated April 5, 1993, was presented, requesting authority and funds
for Sergeant Michael Gillman to attend the Sergeant's Supervisory
Course at Golden West College, May 3-14, 1993 with an expense
allowance of $383.50 which will be reimbursed by POST.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Sgt. Michael Gillman to attend the
Sergeant's Supervisory Course at Golden West College, May 3-14,
1993, with an expense allowance of $383.50. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 5, 1993, was presented, requesting authority and funds
for utility Clerk Ana Ceja, Purchasing Assistant Dolores Fonseca
and Administrative Aide Chris Romero to attend the Letter, Memos
and Reports Business Writing Workshop in Downey on May 4, 1993 with
an expense allowance of $104 each.
It was moved by Davis, seconded by McCormick, that
authority be granted for Ana Ceja, Dolores Fonseca and Chris Romero
to attend the Letter, Memos and Reports Business Writing Workshop
in Downey on May 4, 1993, with an expense allowance of $104 each.
Motion carried.
Communication from Kenneth DeDario, Director of Light
and Power, dated April 8, 1993, was presented, requesting authority
and funds for Bob Tang, Associate Power Engineer, to attend the
Western Area Power Administration's Integrated Resource Planning
Module III in San Francisco, April 26-27, 1993, with an expense
allowance of $462.04.
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Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 7
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Bob Tang to attend the Western Area Power
Administration's Integrated Resource Planning Module III in San
Francisco, April 26-27, 1993 with an expense allowance of $462.04.
Motion carried.
Communication from Kenneth DeDario, Director of Light
and Power, dated April 12, 1993, was presented, requesting authori-
ty and funds for Richard Recano, Diesel Operator, to attend the
Recertification of EPA, Air Pollution Control, in Shell Beach,
California, April 22, 1993, with an expense allowance of $227.
It was moved by Davis, seconded by Ybarra, that author-
ity be granted for Richard Recano to attend the Recertification of
EPA, Air Pollution Control, in Shell Beach, California on April 22,
1993, with an expense allowance of $227. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated April 13, 1993, was presented, requesting authority and funds
for Lt. Donald Green to attend the Management of the Field Training
Officer Program in Costa Mesa, May 17-19, 1993, with an expense
allowance of $447.
It was moved by Ybarra, seconded by McCormick, that
authority be granted for Lt. Donald Green to attend the Management
of the Field Training Officer Program in Costa Mesa, May 17-19,
1993, with an expense allowance of $447. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 13, 1993, was presented, transmitting an Addendum to
the In-Lieu Replenishment Agreement (July 1, 1992 through June 30,
1993) with the Water Replenishment District of Southern California
which will permit the City to purchase additional in-lieu water at
substantial savings. This has been reviewed by the Director of
Community Services and the City Attorney, and it is hereby recom-
mended that said Addendum be approved and executed.
It was moved by McCormick, seconded by Gonzales, that
the communication from the City Clerk dated April 13, 1993, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6240 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of an
Addendum to In-Lieu Replenishment Agreement, July 1, 1992 Through
June 30, 1993, By and Between the City of Vernon and the Water
Replenishment District of Southern California, was presented.
It was moved by Ybarra, seconded by Davis, that Resolu-
tion No. 6240 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 14 1993, was presented, advising that KBB Investments
has requested permission to install, use and maintain a four inch
cast iron sewer pipe beginning approximately 1005.8 feet east of
the center line of Ayers Avenue and extending 402 feet easterly
thereon in the street right-of-way of 26th Street. This has been
reviewed by the Director of Community Services and the City Attor-
ney, and it is hereby recommended that Encroachment License No. 376
be approved and executed.
It was moved by Davis, seconded by Ybarra, that the
communication from the City Clerk dated April 14, 1993 be received
and filed, and that his recommendation be approved. Motion car-
ried.
RESOLUTION NO. 6239 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Encroachment License Agreement No. 376 By and Between the City of
Vernon and KBB Investments, was presented.
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Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 8
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6239 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 15, 1993, was presented, transmitting proposed Ordi-
nance No. 1013 pertaining to the adoption of the 1991 Editions of
the Uniform Building Code, Uniform Plumbing Code, Uniform Fire
Code, and 1993 Edition of the National Electrical Code and the
Uniform Administrative Code Provisions for the National Electrical
Code, which will thereby amend Chapter 7 of the Code of the City of
Vernon. It is hereby recommended that Proposed Ordinance No. 1013
be read by title for a First Reading and that a Public Hearing on
this matter be set for May 18, 1993.
Victor H. Vaits, Director of Community Services,
briefly summarized this information for the City Council.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated April 15, 1993 be received
and filed, his recommendation be approved; and that a public
hearing be set for May 18, 1993. Motion carried.
ORDINANCE NO. 1013 - An Ordinance of the City Council
of the City of Vernon Amending Chapter 7, Buildings, of the Code of
the City of Vernon; and Adopting By Reference the 1991 Editions of
the Uniform Building Code, the Uniform Building Code Standards, the
Uniform Mechanical Code, the Uniform Plumbing Code with the IAPMO
Installation Standards, Including Selected Appendices for Each, the
Uniform Fire Code Including Specified Appendices and Uniform Fire
Code standards, the National Electrical Code 1993 Edition, the
Uniform Administrative Code provisions for the National Electrical
Code 1993 Edition, and Repealing All Ordinances and Parts of
Ordinances in Conflict Therewith, was read by Title for a First
Reading.
It was moved by McCormick, seconded by Gonzales, that
the Ordinance No. 1013 receive and pass a first reading. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 15, 1993, was presented, advising that Assembly Bill
325 required the development of a state-wide model water efficient
landscape ordinance. AB 325 mandates that agencies throughout
California must either adopt a water efficient landscape ordinance
or adopt findings showing that an ordinance is not necessary.
Staff of the Community Services Water Department have made findings
that an ordinance for the City of Vernon would not be necessary
based on the following:
1. The City of Vernon is an industrial City that
is totally built out;
2. The City of Vernon Water Company serves the
majority of the City and has rights to pump
groundwater to meet 85% of our customers'
needs;
3. Central Basin Municipal Water District is
proposing to construct a reclaimed water
distribution system through Vernon which will
further add to the water available to meet the
City's needs;
4. The City has no mandatory landscape requirements
and the majority of properties within Vernon have
been developed with zero landscaping;
5. It has been estimated that less than 0.25% of the
water distributed by the City is used for land-
scaping; and
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Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 9
6. In times of severe drought or water shortage,
existing procedures for limiting landscape water
use are contained in Article VI, Chapter 25 of
the Vernon Municipal Code.
This has been reviewed by the Director of Community Services and
the City Attorney, and it is hereby recommended that said findings
be approved and adopted and based on said findings, that the City
is exempt from the requirements in AB 325 and an ordinance is not
mandated.
It was moved by Ybarra, seconded by McCormick, that the
communication from the City Clerk dated April 15, 1993, be received
and filed, and that his recommendation be approved. Motion car-
ried.
RESOLUTION NO. 6242 - A Resolution of the City Council
of the City of Vernon Adopting Findings of Exemption from Provi-
sions in the Water Conservation in Landscaping Act (AB325), was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6242 be approved and adopted. Motion carried.
Communication From Bruce V. Malkenhorst, Director of
Finance, dated April 15, 1993, was presented, transmitting the
Minutes of the Finance Committee Meeting held April 13, 1993, for
approval of the recommendations contained therein.
It was moved by Davis, seconded by McCormick, that the
Minutes of the Finance Committee Meeting held April 13, 1993, be
approved as submitted and adopted. Motion carried.
RESOLUTION NO. 6243 - A Resolution of the City Council
of the City of Vernon Authorizing the Sale of Surplus Property from
the Community Services Department, The Light and Power Department,
Legal Department and The Police Department (Communications Center)
Pursuant to Section 2.31 of the Vernon City Code, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6243 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 21, 1993, was presented, recommending that Lewis J.
Pozzebon, Director of Environmental Health, be appointed Health
Officer, effective April 27, 1993.
It was moved by Davis, seconded by Ybarra, that the
communication from the City Clerk dated April 21, 1993 be received
and filed, and that Lewis J. Pozzebon be appointed Health Officer
effective April 27,1993. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 22, 1993, was presented, transmitting a Computation
Report as submitted by the Director of Light and Power determining
the Energy Cost Adjustment Billing Factor for the next three month
period. Based on actual fuel expenses and revenues for the previ-
ous period and Southern California Edison Company's forecast of
fuel costs for the next three months, the new factor is negative
$0.02610 per kilowatt hour. It is hereby recommended that said
factor be approved for all bills rendered from May 1, 1993.
It was moved by McCormick, seconded by Gonzales, that
the communication from the City Clerk dated April 22, 1993 be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6238 - 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.
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Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 10
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6238 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 861 covering claims and demands
presented during the period of April 2 thru 22, 1993, drawn on the
First Interstate Bank totaling $556,765.31, which includes Demand
Nos. 41495 thru 41752 (inclusive), excluding Light & Power Demands
and Void Demand Nos. 41542 and 41551 thru 41553 (inclusive) (ac-
counting period April, 1993) was examined and audited.
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 861 be approved and payment authorized for
claims and demands totaling $556,765.31, excluding Light and Power
Demands. Motion carried.
WARRANT REGISTER NO. 861 covering claims and demands
presented during the period of April 2 thru 22, 1993, drawn on the
First Interstate Bank totaling $2,862,997.13, which includes Light
& Power Demand Nos. as listed below (accounting period April, 1993)
was examined and audited:
41498 41516 41538 41573 41601 41630 41670 41739
41499 41523 41540 41574 41619 41634 41693 41747
41501 41531 41546 41582 41620 41642 41709 41751
41509 41535 41547 41585 41624 41645 41721
41514 41536 41548 41592 41628 41654 41730
41515 41537 41561 41595 41629 41668 41737
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 861 be approved and payment authorized for
claims and demands totaling $2,862,997.13. 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. 441 covering claims and
demands presented during the period of February 7 thru March 6,
1993, drawn on the First Interstate Bank totaling $1,469,142.51
which includes Demand Nos. 6938 thru 6970 (inclusive) (accounting
period March, 1993) was examined and audited.
It was moved by McCormick, seconded by Ybarra, that
Payroll Warrant Register No. 441 be approved and payment authorized
for claims and demands totaling $1,469,142.51. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated April 22, 1993, was presented, transmitting the
Agenda for the Adjourned Regular Personnel Committee Meeting to be
held April 26, 1993 for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by Davis, that
the aforementioned matter regarding approval of the Agenda for the
Adjourned Regular Personnel Committee Meeting held April 26, 1993,
be deferred until after Closed Session later this date. Motion
carried.
Consideration of Amendment No. 1 to the Firm Power Sale
Agreement between Salt River Project Agricultural Improvement and
Power District and the City of Vernon, as submitted by Kenneth J.
DeDario, Director of Light and Power, on April 15, 1993.
David B. Brearley, City Attorney, addressed the City
Council and advised that "Attachment A" of the aforementioned
Amendment No. 1 should be amended to reflect changes. Jorge
Somoano, Power Resource Manager, submitted "Attachment A" with the
proposed changes.
4630
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I
Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 11
It was moved by Gonzales, seconded by Ybarra that the
aforementioned matter as submitted by the Director of Light & Power
be approved (including amended "Attachment A"). 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.
RESOLUTION NO. 6244 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of an
Amendment No. 1 to the Firm Power Sale Agreement Between Salt River
Project Agricultural Improvement and Power District ("SRP") and the
City of Vernon, was presented.
It was moved by MCCormick, seconded by Ybarra, that
Resolution No. 6244 be approved and adopted. 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 Amendment No. 1 to the Los Angeles-
Vernon Eldorado-victorville/Lugo Transmission Service Agreement
between the Department of Water and Power of the City of Los
Angeles and the City of Vernon, as submitted by Kenneth J. DeDario,
Director of Light and Power, on April 15, 1993.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned matter as submitted by the Director of Light & Power
be approved and executed. 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.
RESOLUTION NO. 6245 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of an
Amendment No. 1 to the Los Angeles-Vernon Eldorado-victorville/Lugo
Transmission Service Agreement By and Between the City of Vernon
and the Department of Water and Power of the City of Los Angeles,
was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 6245 be approved and adopted. 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 Amendment No. 1 to the Edison-Vernon
Firm Transmission Service Agreement between Southern California
Edison Company and the City of Vernon for Vernon's purchases from
Salt River Project, as submitted by Kenneth J. DeDario, Director of
Light and Power, on April 15, 1993.
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned matter as submitted by the Director of Light & Power
be approved. Motion carried. Councilman Davis abstained from
voting and disqualified himself because it is reasonably foresee-
able that the decision may have a material financial effect on his
source of income.
RESOLUTION NO. 6246 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of an
Amendment No. 1 to the Edison-Vernon Firm Transmission Service
Agreement for Vernon's Purchases From Salt River Project Between
Southern California Edison Company and the City of Vernon, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6246 be approved and adopted. 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.
4629
I
I
Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 12
Consideration of Amendment No. 1 to the City of Vernon-
Department of Water Resources of the state of California Power Sale
Agreement No.3 (1991-93), as submitted by Kenneth J. DeDario,
Director of Light and Power, on April 15, 1993.
RESOLUTION NO. 6247 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of an
Amendment No. 1 to the City of Vernon-Department of Water Resources
of the State of California ("CDWR") Power Sale Agreement No. 3
(1991-1993) .
It was moved by McCormick, seconded by Ybarra, that the
aforementioned subject matter as submitted by the Director of Light
& Power, be removed from the agenda. Motion carried.
The Mayor called a recess at 6:08 p.m.
The Council reconvened in regular session at 6:09 p.m.,
all members present before the recess again being present.
All administrative staff with the exception of the
Chief of Police and the Police Captain were excused from the
meeting.
The Chief of Police addressed the Council regarding the
matter of the pending disciplinary action related to Ms. Deborah
Apodaca.
At this time Deborah Apodaca, Dispatcher in the Police
Department, addressed the City Council regarding pending disciplin-
ary action related to her position with the city.
It was moved by McCormick, seconded by Ybarra, that the
Council go into Closed Session, Personnel, pursuant to Government
Code Section 54957, the time being 6:15 p.m. Motion carried.
All persons were excluded from Closed Session with the
exception of the City Administrator and City Attorney.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
It was moved by Gonzales, seconded by McCormick that
the Council go out of Closed Session, Personnel, and resume regular
session, the time being 6:19 p.m. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated April 22, 1993, was presented, transmitting the
Agenda for the Adjourned Regular Personnel Committee Meeting held
April 26, 1993, for approval of the recommendations contained
therein (deferred from an earlier presentation during this meet-
ing) .
It was moved by Davis, seconded by Gonzales, that the
recommendations listed on the Agenda for the Adjourned Regular
Personnel Committee Meeting be approved as submitted and adopted.
Motion carried.
It was moved by McCormick, seconded by Ybarra, that
Deborah Apodaca be terminated effective as of the end of this
business day. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
Council go into Closed Session, Attorney/Client Privilege, pursuant
to Government Code Sections 54956.9(a) and 54956.9(b) (1), the time
being 6:20 p.m. Motion carried.
All persons were excluded from Closed Session with the
exception of the City Clerk and the City Attorney.
4628
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I
Adjourned Regular City Council
Meeting Minutes
April 27, 1993
page 13
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
Mayor Malburg was excused at 6:25 p.m.
Mayor Pro Tem Ybarra assumed the Chair at this time.
Mayor Malburg returned and resumed his seat on the
Council at 6:35 p.m.
It was moved by McCormick, seconded by Gonzales,
that the Council go out of Closed Session, Attorney/Client Privi-
lege, and resume regular session, the time being 6:40 p.m. Motion
carried.
Consideration of Liability Claim of Manuel Garcia.
It was moved by McCormick, seconded by Gonzales, that
the Liability Claim of Manuel Garcia be denied. Motion carried.
Consideration of Liability Claim of John P. Cassel.
It was moved by Ybarra, seconded by Davis, that the
Liability Claim of John P. Cassel be denied. Motion carried.
Consideration of Application to Present a Late Claim on
behalf of Brittany M. Petroski.
It was moved by Ybarra, seconded by Davis, that the
Application to Present a Late Claim on behalf of Brittany M.
Petroski be denied. Motion carried.
Consideration of Liability Claim of Warren Becker.
It was moved by McCormick, seconded by Gonzales, that
the Liability Claim of Warren Becker be denied. 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.
ATTEST:
~
Bruce V. Malkenhorst
City Clerk
4627
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 20, 1993 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 TUESDAY, APRIL 27, 1993 AT 5 P.M.
IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
?/~d~
uce V. Malkenhorst <:;;1
City Clerk
B
Clerk
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