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19890808 Regular City Council Meeting - Minutes I I MINUTES OF AN ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 8, 1989 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis MEMBERS ABSENT: McCormick The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis that the minutes of the City Council Meeting held July 18, 1989, be approved as written and adopted. Motion carried. At this time, Mayor Malburg presented Service pin Awards to the following employees: Martha Garcia - 10 years Accountant, City Clerk's Office Rose Gonzales - 10 years Secretary, Community Services Department Carol Childers - 10 years Engineering Aide, Light & Power Department Pat Keye - 5 years Utility Clerk, Light & Power Department Mayor Malburg called a short recess, the time being 5:08 p.m. The Council reconvened in regular session the time being 5:11 p.m., all members present before the recess again being present. Mayor Malburg awarded Badges and Cap pieces to the following firefighters who completed their orientation and training: Rory Moore Mark Whitworth Peter Gantes Todd Hewett Daniel Keprta At this time, 5:15 p.m., the Mayor called a short recess. The Council reconvened at 5:46 p.m., all members present before the recess again being present. Police Department Activity Log for the period July 16 thru 31, 1989, was presented. It was moved by Gonzales, seconded by Davis that the Police Department Activity Log for the period July 16 thru 31, 1989, be received and filed. Motion carried. Fire Department Activity Report for the period July 16, thru 31, 1989, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period July 16 thru 31, 1989, 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 matters listed on today's agenda other than with regard to the Public Hearings. 1926 I I City Council Minutes page 2 August 8, 1989 There was no one present in the audience who wished to address the Council on any matter listed on the agenda. RESOLUTION NO. 5643 - A Resolution of the City council of the City of Vernon Amending the City of Vernon Deferred Compensation Plan, was presented. (Deferred from City Council Meeting held July 18, 1989.) It was moved by Gonzales, seconded by Davis, that Resolution No. 5643 be approved and adopted. Motion carried. RESOLUTION NO. 5645 - A Resolution of the City Council of the City of Vernon Establishing vacation Policies, Holidays and "In Lieu" Holidays for Employees of the City of Vernon and Repealing all Resolutions in Conflict Therewith, was presented. (Deferred from the City Council Meeting held July 18, 1989.) It was moved by Ybarra, seconded by Davis, that Resolution No. 5645 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 13, 1989, was presented, advising that as provided in Ordinance No. 929, a computation report is being compiled to be submitted by the Director of Water & Power determining the Energy Cost Adjustment Billing Factor for the next three month period. It is hereby recommended that a proposed new factor to be effective for all bills rendered from August 1, 1989 be considered. (Deferred from the City Council Meeting held July 18,1989.) . It was moved by Ybarra, seconded by Davis, that the aforementioned matter with regard to the Energy Cost Adjustment Billing Factor be deferred to the next City Council Meeting. Motion carried. RESOLUTION NO. 5649 - 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 Consumers, was presented. (Deferred from the City Council Meeting held July 18, 1989.) It was moved by Gonzales, seconded by Davis, that Resolution No. 5649 be deferred to the next City Council Meeting. Motion carried. It was moved by Ybarra, seconded by Davis, to open the Public Hearing to consider an application from uintah Freightways for a Conditional Use Permit to allow a truck terminal at an existing facility at 4366 26th Street, the time being 5:50 p.m. Motion carried. victor Vaits briefly summarized his communication dated August 1, 1989. Communication from victor vaits, Director of Community Services, dated August 1, 1989, was presented, advising that uintah Freightways, Inc. has applied for a Conditional Use Permit to operate a truck terminal at 4366 26th Street, and transmitting the following supporting documents: 1. Request for a Conditional Use Permit and information supporting the permit application; 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; 1927 I I City Council Minutes page 3 August 8, 1989 4. Engineer's Report. uintah Freightways, Inc.'s application was found to be categorically exempt from the California Environmental Quality Act process, since they are using an existing truck terminal and the facility is not being expanded. 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. The Director of Community Services hereby recommends that the Council find that the proposed use is categorically exempt from the California Environmental Quality Act process and that a Notice of Exemption be filed with the County Clerk, and that the Conditional Use Permit be granted contingent upon the the following conditions: 1. The facility shall be operated in accordance with the appropriate codes, rules, regulations and sub- ject to permit fees as adopted by the City of Vernon. Prior to occupancy a business license and occupancy permit shall be obtained; 2. Any hazardous substances used, handled or stored shall have prior approval from the Vernon Fire and Health Departments; 3. The number of employee parking spaces required per Vernon City Code shall be provided and maintained; 4. 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 or weeds; 5. 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; 6. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes; 7. Underground storage tank monitoring system shall be checked by a qualified service person. Monitoring system must meet requirements of Vernon City Ordinance No. 944; 8. Frontage improvements shall be constructed along 26th Street adjacent to uintah Freightways site. This work shall include new sidewalk, curb, gutter, asphalt and any other improvements required to bring said frontage to City standard. All work shall be performed under an encroachment permit from the City. Al Tobler, Terminal Manager for uintah Freightways, came before the Council to advise that he was available to answer any question the Councilor staff may have. It was moved by Gonzales, seconded by Davis, to close the Public Hearing with regard to uintah Freightways, the time being 5:58 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services submitted during the Public Hearing be received and filed; that the Council find that the proposed use is categorically exempt from the 1928 I I City Council Minutes page 4 August 8, 1989 California Environmental Quality Act Process; that a Notice of Exemption be filed with the County Clerk; and that the Condi- tional Use Permit be granted contingent upon the aforementioned listed conditions. Motion carried. RESOLUTION NO. 5652 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Uintah Freightways, Inc. for the Operation of a Truck Terminal at 4366 26th Street was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5652 be approved and adopted. Motion carried. It was moved by Davis, seconded by Ybarra, to open the Public Hearing to consider an application from Bolton Truck Lines for a Conditional Use Permit to allow a truck terminal at an existing facility at 2720 26th Street, the time being 5:59 p.m. Motion carried. Victor vaits briefly summarized his communication dated August 1, 1989. Communication from victor Vaits, Director of Community Services, dated August 1, 1989, was presented, advising that Bolton Truck Lines has applied for a Conditional Use Permit to operate a truck terminal at 2720 26th Street, and transmitting the following supporting documents: 1. Request for a Conditional Use Permit and informa- tion supporting the permit application; 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. Bolton Truck Lines' application was found to be categorically exempt from the California Environmental Quality Act process, since they are using an existing truck terminal and the facility is not being expanded. 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. The Director of Community Services recommends that the Council find that the proposed use is categorically exempt from the California Environmental Quality Act process and that a Notice of Exemption be filed with the County Clerk, and that the Conditional Use Permit be granted contingent upon the following conditions: 1. The facility shall be operated in accordance with the appropriate codes, rules, regulations and subject to permit fees as adopted by the City of Vernon. 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 2720 26th which is on the south side of the street. 2. Any hazardous substances used, handled or stored shall have prior approval from the Vernon Fire and Health Departments; 3. The number of employee parking spaces required per Vernon City Code shall be provided and maintained; 1929 I I City Council Minutes page 5 August 8, 1989 4. 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 or weeds. 5. 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; 6. Servicing of vehicles including washing, steam cleaning and. repairing shall be performed in facilities in compliance with appropriate codes; 7. Underground storage tank monitoring system shall be checked by a qualified service person. Monitor- ing system must meet requirements of Vernon City Ordinance No. 944. The Mayor asked if there was anyone in the audience who wished to address the Council on this matter. Paul Stover, Regional Manager of Bolton Truck Lines, briefly addressed the Council, advising he was available to answer any questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing with regard to Bolton Truck Lines, the time being 6:08 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the Director of Community Services submitted during the Public Hearing be received and filed; that the Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process; that a Notice of Exemption be filed with the County Clerk; and that the Condit i- tional Use Permit be granted contingent upon the aforementioned listed conditions. Motion carried. RESOLUTION NO. 5651 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Bolton Truck Lines for the Operation of a Truck Terminal at 2720 26th Street, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5651 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 3, 1989, was presented, transmitting the agenda for the Personnel Committee Meeting to be held August 7, 1989, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the agenda for the Personnel Committee Meeting held August 7, 1989, be approved as indicated. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated August 3, 1989, was presented, transmitting the agenda for the Finance Committee Meeting to be held August 7, 1989, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations listed on the agenda for the Finance Committee Meeting held August 7, 1989, be approved as indicated. Motion carried. 1930 I I City Council Minutes page 6 August 8, 1989 RESOLUTION NO. 5655 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement with Aaron D. Cushman, a Public Relations Consultant, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5655 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 25, 1989, was presented, requesting authority and funds for the city officials listed below to attend the League of California Cities 91st Annual Conference in San Francisco, October 22-25, 1989, with an expense allowance of $991.00 each: Leonis Malburg, Mayor Thomas Ybarra, Mayor Pro-tem William M. McCormick, William Davis, Councilmen David Brearley, City Attorney Victor Vaits, Director of Community Services Lewis Adams, Director of Water and Power Louis Rosenkrantz, Police Chief Larry Spadt, Fire Chief It was moved by Gonzales, seconded by Ybarra, that authority be granted for the aforementioned City officials to attend the League of California Cities 91st Annual Conference in San Francisco, October 22-25, 1989, with an expense allowance of $991.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 25, 1989, was presented, requesting authority and funds for Councilman Larry Gonzales and himself to attend the League of California Cities 91st Annual Conference in San Francisco, October 22-25, 1989, with an expense allowance of $463.00 each. It was moved by Davis, seconded by Ybarra, that authority be granted for Bruce V. Malkenhorst and Larry Gonzales to attend the League of California Cities 91st Annual Conference in San Francisco, October 22-25, 1989, with an expense allowance of $463.00 each. Motion carried. Communication from victor Vaits, Director of Community Services, dated July 18, 1989, was presented, requesting authority and funds for himself to attend the International Conference of Building Officials in Palm Springs, September 10- 15, 1989, with an expense allowance of $1072.00 It was moved by Ybarra, seconded by Gonzales, that authority be granted to issue warrant to victor vaits in the amount of $1072.00 for his attendance at the International Conference of Building Officials in Palm Springs, September 10- 15, 1989. Communication from victor Vaits, Director of Community Services, dated July 26, 1989, was presented, advising that Santa Fe Pacific Realty Corporation has submitted Tentative Parcel Map No. 21105 for investigation and report in accordance with the Subdivision Map Act, and transmitting the following evidence: 1. Print of Tentative Parcel Map No. 21105; 2. Engineer's Report and conditions; 3. Excerpts from the Subdivision Map Act. The Parcel Map will pose no adverse effects to the City of Vernon or any other surrounding area, and the project is consistent with 1q~t I I City Council Minutes page 7 August 8, 1989 the General Plan as adopted by the City of Vernon and will not have a significant effect on the environment and no mitigating measures are required. It is hereby recommended that Tentative Parcel Map No. 21105 be approved contingent upon the following conditions. 1. The developer shall pay for the following construc- tions in 48th Street between Lorna Vista and Corona Avenue, as designed by the City'S Engineering Department: a. Approximately one catch basin; b. Approximately thirty five feet of 18 inch R.C.P. laterals; c. Approximately one thousand one hundred forty feet of curb and gutter; d. Approximately eight thousand five hundred fifty square feet of sidewalk and driveway; e. Approximately two curb ramps; f. Removal of approximately six hundred twenty cubic yards of A.C. and concrete; g. Removal of approximately four hundred eighty cubic yards of soil and rock. h. Approximately three new fire hydrants; i. Planting approximately twenty trees; j. Approximately nine hundred forty tons of A.C. pave- ment; k. Approximately four hundred eighty cubic yards of C.M.B. rock; 1. Relocation of approximately one power pole; m. Approximately one junction structure. 2. The developer shall pay for the following constructions in 49th Street between Loma vista and Corona Avenue, as designed by the City's Engineering Department: a. New 12 inch V.C.P. sewer line, approximately one thousand one hundred sixty feet; b. Approximately five standard sewer manholes; c. Approximately one hundred ten feet of 6 inch V.C.P. laterals; d. New 24 inch R.C.P. storm drain line, approximately three hundred eighty feet; e. Approximately four catch basins; f. Approximately seventy feet of 18 inch R.C.P. laterals; g. Approximately two standard storm drain manholes; h. Approximately one thousand eight hundred ninety feet of curb and gutter; i. Approximately fourteen thousand one hundred seventy square feet of sidewalk and driveway; 1932 I I City Council Minutes page 8 August 8, 1989 j. Approximately three curb ramps; k. Removal of approximately one thousand one hundred cubic yards of A.C. and concrete; 1. Approximately one standard concrete collar; m. Approximately six new fire hydrants; n. Planting approximately thirty trees; o. Approximately three curb drains; p. Approximately two thousand one hundred fifty tons of A.C. pavement; q. Approximately one thousand two hundred twenty cubic yards of C.M.B. rock; r. Relocation of approximately six power poles; s. Approximately two junction structures. 3. The developer shall pay for the following constructions in Lorna Vista Avenue between 48th and 50th Streets, as designed by the City's Engineering Department: a. Approximately two hundred sixty feet of curb and gutter; b. Approximately one thousand nine hundred fifty square feet of sidewalk and driveway; c. Removal of approximately two hundred sixty cubic yards of A.C. and concrete; d. Removal of approximately one hundred cubic yards of soil and rock; e. Planting approximately three trees; f. Approximately three hundred sixty tons of A.C. pavement; g. Approximately one hundred ninety cubic yards of C.M.B. rock; h. Relocation of approximately six power poles. 4. The developer shall pay for the following constructions in Corona Avenue between 48th and 49th Streets, as designed by the City's Engineering Department: a. Approximately one hundred seventy feet of curb and gutter; b. Approximately one thousand three hundred square feet of sidewalk and driveway; c. Removal of approximately one hundred eighty cubic yards of A.C. and concrete; d. Approximately one new fire hydrant; e. Planting approximately two trees; f. Approximately two hundred forty tons of A.C. pavement; 1933 I I City Council Minutes page 9 August 8, 1989 g. Approximately one hundred twenty cubic yards of C.M.B. rock; h. Relocation of approximately two power poles; i. New 24 inch R.C.P. storm drain line, approximately one hundred ninety feet; j. Approximately one standard storm drain manhole. Victor vaits addressed the Council with regard to the aforementioned conditions. It was moved by Ybarra, seconded by Davis, that the communication and evidence submitted from the Director of Community Services be received and filed; and that Parcel Map No. 21105 be approved contingent upon the aforementioned conditions. Motion carried. Communication from victor Vaits, Director of Community Services, dated July 27, 1989, was presented, transmitting a fully executed Grant Deed from Masco Building Products, Corp. (a Delaware Corporation) for a portion of property, approximately 375 square feet in s'ze, situated at the northwest corner of 52nd Drive and Heliotrope Avenue, for the enlargement of the curb return. It is hereb recommended that the Grant Deed be accepted, the Certif'cate of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same. It was move by Gonzales, seconded by Davis, to accept the Grant Deed from asco Building Products, Corp; to approve the Certificate of Accep ance; and to authorize the Mayor and City Clerk to execute sam. Motion carried. Communicati Services, dated July Contract No. 498, Tr and 48th Street, and and authority grante n from victor Vaits, Director of Community 27, 1989, was presented, transmitting ffic Signal Installation, Santa Fe Avenue recommending that the contract be approved to advertise for bids. It was move by Ybarra, seconded by Davis, that the Communication from t e Director of Community Services be received and filed and his re ommendation be approved. Motion carried. RESOLUTION of the City of Verno Contract No. 498 and or Bids for Traffic Street, In Accordanc O. 5653 - A Resolution of the City Council Approving the Terms and Specifications of Authorizing Notice Inviting Sealed Proposals ignal Installation, Santa Fe Avenue and 48th with Said Contract, was presented. It was move by Gonzales, seconded by Ybarra, that Resolution No. 5653 e approved and adopted. Motion carried. Communicati n from Bruce V. Malkenhorst, City Clerk, dated August 3, 1989, was presented, advising that Keshbaf Knitting, Inc. is in escrow to purchase the properties at 2525 Fruitland Avenue and 5034 Hampton Avenue. They have requested a variance from the 1985 Edition of the U.B.C. Section 2003: Exterior Walls, Openings and Partitions. The previous occupants, United States Container Corp., had a variance from the Uniform Building Code for openings on the common property line, and Keshbaf Knitting is requesting that the variance be continued for their occupancy. Two openings are used to transport merchandise by fork-lift from one building to the other, and one opening is a required exit door. Keshbaf manufactures knitted materials and their operation meets zoning requirements and if the variance is granted, no additional hazards will be introduced in the area. This request has been reviewed by the Director of Community Services and the Fire Department, and it is hereby 1934 I I City Council Minutes page 10 August 8, 1989 recommended that the variance be granted from the 1985 Edition of the U.B.C Section 2003: Exterior Walls, Openings and Partitions, contingent upon the following conditions: 1. The openings be protected by a fire assembly having a three-hour fire protection rating. The two roll-up doors shall have fusible links on both sides; 2. Upon any change in occupancy, or change in the nature of Keshbaf Knitting Inc.'s operation, the openings shall be permanently sealed. Victor Vaits addressed the City Council on this matter. It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services, dated August 3, 1989, be received and filed. Motion carried. It was moved by Ybarra, seconded by Davis, that the variance from the 1985 Edition of the U.B.C. Section 2203 be granted contingent upon the aforementioned conditions. Motion carried. Communication from Lewis R. Adams, Director of Water and Power, dated August 3, 1989, was presented, advising that the bids for Contract No. 496 (Rehabilitation of Reservoir 3-3, Located at Fire Station No.1) have been reviewed, and recom- mending that said contract be awarded to Advance Tank & Construc- tion Company, 25251 Paseo De Alicia, Suite 200, Laguna Hills, California 92653 on the basis of their bid in the amount of $134,750.00. It was moved by Ybarra, seconded by Davis, that the communication from the Director of Water and Power, dated August 3, 1989, be received and filed; and that his recommendation be approved. Motion carried. RESOLUTION NO. 5654 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Advance Tank & Construction Company for the Rehabilitation of Reservoir 3-3 (At Fire Station #1), In Accordance with Contract No. 496 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5654 be approved and adopted. Motion carried. WARRANT REGISTER NO. 770 covering claims and demands presented during the period of July 16 thru July 31, 1989 drawn on the First Interstate Bank totaling $352,992.53 which includes Demand Nos. 23470 thru 23662 (inclusive); excluding Light & Power Demands, and void Demands as listed below: (accounting period August, 1989), was examined and audited. 23470 23504 23505 23506 23507 23508 23593 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 770 be approved and payment authorized for claims and demands totaling $352,992.53 excluding Light & Power Demands. Motion carried. 1935 City Council Minutes page 11 August 8, 1989 WARRANT REGISTER NO. 770 covering claims and demands presented during the period of July 16 thru 31, 1989 drawn on the First Interstate Bank totaling $4,822,438.97 , which includes Light & Power Demand Nos. as listed below: (accounting period August, 1989), was examined and audited. 23471 23477 23482 23488 23502 23519 23536 23552 23473 23479 23483 23496 23503 23522 23539 23554 23474 23480 23486 23497 23510 23528 23546 23556 23475 23481 23487 23499 23518 23531 23551 23562 I 23564 23577 23600 23614 23628 23638 23648 23565 23586 23602 23615 23630 23639 23655 23568 23592 23604 23619 23631 23640 23657 23569 23595 23606 23621 23632 23644 23575 23597 23610 23626 23634 23646 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 770 be approved and payment authorized for claims and demands totaling $4,822,438.97. 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. Communication from Larry Spadt, Fire Chief, dated August 3, 1989, was presented, requesting authority and funds for Captain Larry Weaver to attend Rope Rescue Course I in Santa Barbara, September 28 - October 1, 1989, with an expense allowance of $640.50. It was moved by Ybarra, seconded by Davis, that authority be granted to issued warrant to Captain Larry Weaver in the amount of $640.50 for his attendance at Rope Rescue Course I in Santa Barbara, September 28 - October 1, 1989. Motion carried. Communication from Lewis R. Adams, Director of Water and Power, dated August 2, 1989, was presented, requesting authority and funds for Richard Recano, Diesel Operator, to attend a Visible Emission Recertification Course in San Diego, August 8 & 9, 1989, with an expense allowance of $115.50. It was moved by Gonzales, seconded by Davis, that authority be granted to issue warrant to Richard Recano in the amount of $115.50 for his attendance at the Visible Emission Recertification Course in San Diego, August 8 & 9, 1989. Motion carried. I Communication from Lewis R. Adams, Director of Water and Power, dated August 2, 1989, was presented, requesting authority and funds for Art Reynoso, Diesel Operator, to attend a Visible Emission Recertification Course in San Diego, August 8 & 9, 1989, with an expense allowance of $70.00. It was moved by Ybarra, seconded by Gonzales, that authority be granted to issue warrant to Art Reynoso in the amount of $70.00 for his attendance at the Visible Emission Recertification Course in San Diego, August 8 & 9, 1989. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 3, 1989, was presented, transmitting for review an article from the ELECTRIC JOURNAL with regard to the Southern California Edison Company/San Diego Gas & Electric Merger wherein David B. Brearley, City Attorney, is quoted. It was moved by Davis, seconded by Gonzales, that the article from the ELECTRIC JOURNAL be received and filed. Motion carried. 1936 I I City Council Minutes page 12 August 8, 1989 RESOLUTION NO. 5656 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Special Use Permit Between the City of Vernon and the Forest Service U. S. Department of Agriculture Respecting Proposed Bear Butte Hydro Electric Project Cultural Resources Studies, was presented. David B. Brearley, City Attorney, addressed the City Council on this matter briefly. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5656 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. The City Clerk presented a communication from the Ms. Nancy J. Javor, Chief, Division of Housing Policy Development of Department of Housing and Community Development dated July 31, 1989, with regard to their "review of the City of Vernon Housing Element." The City Clerk advised that the letter states in part that: "... in our opinion the City's element complies with State housing element law (Article 10.6 of the Government Code). The Vernon element responds to special identified housing needs of the city .and the lack of vacant land for future residential development due to soil contamination". It was moved by Gonzales, seconded by Davis, that the aforementioned communication be received and filed. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Council recess to Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 7:25 p.m. Motion carried. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. All persons with the exception of the Police Chief, Captain, City Clerk and City Attorney were excluded from Closed Session. The Chief of Police and Police Captain were excused from Closed Session at 8:00 p.m. It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session the time being 8:02 p.m. It was moved by Ybarra, seconded by Davis, that Diesel Operator Alan Jauri be terminated based on his failure to pass probation. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session to confer with the City Attorney pursuant to Government Code Sections 54956.9(a) and 54956.9(c), the time being 8:05 p.m. Motion carried. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. Councilman Davis was excused from Closed Session at 8:10 p.m. Councilman Davis resumed his seat on the Council at 8:35 p.m. 1937 I I City Council Minutes page 13 August 8, 1989 It was moved by Ybarra, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 8:36 p.m. Motion carried. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by Gonzales, that the meeting adjourn. Motion carried. ~ ~~ ATTEST: d' ... P#~ Bruce V. Malkenhorst City Clerk 1938