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19940607 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 7, 1994 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, Davis, Gonzales MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held April 26, 1994, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the City Council Meeting held May 3, 1994, be approved as submitted and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held May 17, 1994, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Davis, that the Minutes of the Adjourned City Council Meeting held May 31, 1994, be approved as submitted and adopted. Motion carried. At this time, Mayor Malburg awarded Service pins to the following employees and extended congratulations on behalf of the entire Council: Luke Salerno, Foreman - 20 Years Vince ROdriguez, Engineering Aide - 10 Years Manuel Garcia, Chief Water & Pwr. Disp. - 10 years Ricaredo Torres, Accountant - 5 Years Fred Amiri, Engineering Aide - 5 Years The following employees were unable to attend the meeting and their Service pins were accepted by the Fire Chief and Police Captain: Thomas Pavlovsky, Fire Captain - 30 Years Loren Dome, Fire Engineer - 30 Years Steven Coday, Police Officer - 5 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 May 16 thru 31, 1994, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period May 16 thru 31, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period May 16 thru 31, 1994, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period May 16 thru 31, 1994, be received and filed. Motion carried. 4913 I I City Council Minutes page 2 June 7, 1994 ORDINANCE NO. 1021 - An Ordinance of the City Council of the City of Vernon Amending Sections 16.14, 16.15, 16.18-3 and 16.18-4 and Adding Section 16.18 to the Code of the City of Vernon, California, 1959, to Change Speed Limits on certain Streets and to Repeal All Ordinances or Parts of Ordinances in Conflict Herewith, was read by Title by the City Clerk for a Second and Final Reading. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1021 be approved for a Second and Final Reading. Motion carried. Ayes: Noes: Abstain: Malburg, Ybarra, Gonzales, Davis, McCormick None None The City Clerk advised that now was the time for anyone in the audience to address the 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 Council at this time. There was no one who wished to address the Council at this time. PUBLIC HEARING to consider a request from Choice Meat Company for a Variance to allow the tenant to utilize five non- conforming truck docks at 4820 Everett Avenue. (CONTINUED FROM THE CITY COUNCIL MEETING HELD MAY 17, 1994.) The Interim Director of Community Services asked that this matter be deferred for his further review. It was moved by Ybarra, seconded by Gonzales, to continue the aforementioned Public Hearing to the First Council Meeting in July. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Scott E. Campbell Company, Inc. for a Variance to allow the tenant to utilize three non-conforming truck loading spaces at property located at 2532 49th Street, the time being 5:18 p.m. Motion carried. Kevin Wilson, civil Engineer, addressed the city Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated, May 31, 1993, was presented, advising that Scott E. Campbell Company, Inc. has submitted an application for Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 2532 49th Street, 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 three non-conforming truck loading spaces which are 10 feet wide and 56 feet long. They are proposing to use only vehicles of a smaller length at these docks. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that the Variance be granted contingent upon the following Conditions: a. The owner shall dedicate the necessary street right-of-way, which is the portion of property on Hampton Street currently used as sidewalk, to the City of Vernon. 4912 I I City Council Minutes page 3 June 7, 1994 b. The usage of the non-conforming truck loading spaces after such dedication shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way. matter. The Mayor asked if anyone had any questions on this No one had any questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing with regard to the request for a Variance from Scott E. Campbell Company, the time being 5:20 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated May 31, 1993 and all supporting documents be received and filed as evidence, and that the Variance be granted to Scott E. Campbell Company contingent upon their adherence to the aforementioned Conditions "a" and "bu. Motion carried. RESOLUTION NO. 6444 - A Resolution of the City Council of the City of Vernon Granting a Variance to Scott E. Campbell Company, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 2532 49th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6444 be approved and adopted. Motion carried. It was moved by Davis, seconded by McCormick, to open the PUBLIC HEARING to consider a request from General Electric Company for a Variance to allow the tenant to utilize four non- conforming truck loading spaces at property located at 3051 46th Street, the time being 5:21 p.m. Motion carried. Kevin Wilson, Civil Engineer, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated May 31, 1994, was presented, advising that General Electric Company has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 3051 46th Street, 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 three conforming truck loading spaces and four non-conforming truck loading spaces which are 10 feet wide and 49.7 feet long. They are proposing to use only vehicles of a smaller length at these docks. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that the Variance be granted contingent upon the following Condition: a. The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at the loading dock shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked if there was anyone in the audience who had any questions. 4111 I I City Council Minutes page 4 June 7, 1994 No one in the audience had any questions. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing with regard to the request for a Variance from General Electric Company, the time being 5:25 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated May 31, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to General Electric Company contingent upon their adherence to the aforementioned Condition "a". Motion carried. RESOLUTION NO. 6442 - A Resolution of the City Council of the City of Vernon Granting a Variance to General Electric Company From Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance, for the Property Located at 3051 46th Street in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6442 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by McCormick, to open the PUBLIC HEARING to consider a request from U. S. Growers Cold Storage, Inc. for a Variance to allow the tenant to utilize thirty-six non-conforming truck loading spaces at property located at 3111-3261 44th Street, the time being 5:25 p.m. Motion carried. Kevin Wilson, civil Engineer, addressed the City Council and briefly summarized this matter advising that Condition "a" was being changed and that Condition lib" has been added, which are provided in the Interim Director of Community Services's communication dated June 7, 1994. Communication from Bruce V. Malkenhorst, City Clerk, dated June 2, 1994, was presented, advising that U. S. Growers Cold Storage, Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the buildings located at 3111-3261 44th Street, 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 buildings have five conforming truck loading spaces and thirty-six non-conforming truck loading spaces. The company has indicated that it will demolish the buildings on 44th Street and build new facilities encompassing the entire northerly block of 44th Street between Boyle and Alcoa Avenues. They are requesting a variance to use the non-conforming truck loading spaces without restriction until the buildings are demolished. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that the Variance be granted contingent upon the fOllowing Condition: a. U. S. Growers Cold Storage, Inc. shall demolish all buildings with non-conforming truck loading spaces located between 3111 and 3261 44th Street by March 1, 1996. Listed below are the new Conditions in accordance with the communication from the Interim Director of Community Services dated June 7, 1994 submitting revised and added Conditions to be placed on the Variance: 4910 I I - City Council Minutes page 5 June 7, 1994 a. U. S. Growers Cold storage, Inc. shall demolish all buildings with non-conforming truck loading spaces located between 3111 and 3261 44th street, or be in compliance with section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance by March 1, 1996; and b. Within seven days of the adoption of the resolution, U. S. Growers Cold Storage, Inc. shall deliver a $50,000 Certificate of Deposit to the City of Vernon, to be refunded to U. S. Growers Cold storage, Inc., including the interest earned, upon compliance with Condition (a) or to be retained by the City of Vernon if compliance with Condition (a) has not been attained by March 1, 1996. The Mayor asked if there was anyone who wished to address the Council on this matter. David B. Brearley, City Attorney, addressed the Council and advised that Resolution No. 6443 has been revised to reflect the changes in the Conditions of the Variance. It was moved by McCormick, seconded by Davis, to close the Public Hearing with regard to the request for a Variance from U. S. Growers Cold Storage, the time being 5:27 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communications from the City Clerk dated June 2, 1994 and the Interim Director of Community Services dated June 7, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to U. S. Growers Cold Storage contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6443 - A Resolution of the City Council of the City of Vernon Granting a Variance to U. S. Growers Cold storage, Inc. from section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 3111-3261 44th Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6443 be approved and adopted. Motion carried. Communication from Victor H. Vaits, Interim Director of Community Services, dated June 1, 1994, was presented, transmitting results, as listed below, of bids received and opened May 17, 1994, in accordance with Contract No. 523, Rehabilitation of Reservoir 2-3: Spiess Construction Company Matrix Service, Inc. Bragg Companies (no bid bond) $206,783 211,858 367,974 It is hereby recommended that the Bid be awarded to Spiess Construction Company on the basis of their bid of $206,783. It was moved by Gonzales, seconded by Ybarra, that the communication from the Interim Director of Community Services be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6446 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Spiess Construction Company for Rehabilitation of Reservoir 2-3 in Accordance with Contract No. 523 of the City of Vernon and Approving the Execution of Said Contract, was presented. , ., 4909 I I City Council Minutes page 6 June 7, 1994 It was moved by McCormick, seconded by Davis, that Resolution No. 6446 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 12, 1994, was presented, transmitting an Inspection Services Contract from Twining and Associates, Inc., and also a Proposal to Provide Quality Control Inspection for Welding, Interior Recoating and Exterior Repainting of Welded Steel Water Storage Reservoir 2-3. The estimated cost for these services is approximately $30,000 and the work will be done in conjunction with Contract No. 523. This has been reviewed by the Interim Director of Community Services and the City Attorney, and it is hereby recommended that the City retain the services of Twining and Associates, Inc. and that the Inspection Services Contract be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated May 12, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6448 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Inspection Services Contract with Twining and Associates, Inc. to Provide Quality Control Inspection of the Welding and of the Interior/Exterior Coating of Reservoir 2-3 in Conjunction with Contract No. 523, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6448 be approved and adopted. Motion carried. Communication from Ms. Joan Acosta of the Office of Government Relations of the Los Angeles Unified School District, dated May 23, 1994, was presented, requesting the City council's support by adopting a resolution pertaining to the need for a new regional high school and elementary school in the City of South Gate. It was moved by Gonzales, seconded by McCormick, that the communication from Ms. Joan Acosta dated May 23, 1994 be received and filed. Motion carried. RESOLUTION NO. 6447 - A Resolution of the City Council of the City of the City of Vernon (1) Requesting the Governor's Assistance in Obtaining Approval for the site for South Gate New Senior High School No. 1 and South Gate New Elementary School No.3; (2) Requesting the Assistance of the Governor, Senator Charles Calderon and Assemblywoman Martha Escutia to Obtain Approval of South Gate New Senior High School No. 1 as a "Hardship" Project and To Obtain Guaranteed Funding for the New High School, New Middle School and New Elementary Schools; and (3) Supporting the Passage of the Safe Schools Act of 1994 By the Voters on June 7, 1994, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6447 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated May 23, 1994, was presented, requesting authority and funds for the personnel listed below to attend the Indispensable Assistant Seminar on the dates listed with an expense allowance $94 each: June 21. 1994 - Lonq Beach June 16. 1994 - Pasadena Charla Duncan, Secretary Robin Tolmasoff, Secretary Martha Valenzuela, Accountant Luz Martinez, Secretary Claudia Padilla, utility Clerk Sharon Duckworth, Office Mgr. Dolores Fonseca, Purch. Asst. Linda Smith, Utility Clerk Debbie Medina, utility Clerk 4908, t' ,..:;i :~ l :~~~ I I City Council Minutes page 7 June 7, 1994 It was moved by Ybarra, seconded by Gonzales, that authority be granted for the above listed personnel to attend the aforementioned seminars with an expense allowance of $94 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 24, 1994, was presented, advising that the City has participated in the first five cycles of the state-Local Transportation Partnership Program which provides state funds for local agencies on highway and mass transit projects. The state reimbursement rate on our resurfacing projects has been approximately 10 to 20 percent of the total cost. During the 1994-95 Fiscal Year, the City is proposing to resurface portions of 27th street, 28th street, 46th street, 49th street and Charter street at an estimated cost of $195,000. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that approval be granted for submittal of the applications to the state for participation in Cycle six of said program. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated May 24, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6441 - A Resolution of the City Council of the City of Vernon, Approving Applications for State- Local Transportation Partnership Program Funds, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6441 be approved and adopted. Motion carried. Communication from Fire Chief Dave Telford, dated May 26, 1994, was presented, requesting authority and funds for Firefighter Mark Whitworth to attend the Confined Space Rescue Seminar in Ontario, August 8-12, 1994, with an expense allowance of $445. It was moved by Davis, seconded by McCormick, that authority be granted for Firefighter Mark whitworth to attend the aforementioned seminar with an expense allowance of $445. Motion carried. Communication from Victor H. Vaits, Interim Director of Community Services, dated May 26, 1994, was presented, transmitting a fully executed Quitclaim Deed for street purposes from David Sterkin, Donna Sterkin and John P. Georgino for a portion of property (approximately 6,251 square feet) at the southeast corner of Exchange and Maywood Avenue, and a fourteen foot strip along Exchange Avenue. It is hereby recommended that the deed be accepted and the certificate of Acceptance be approved and executed. It was moved by Gonzales, seconded by Ybarra, to accept the Quitclaim Deed from David sterkin, Donna Sterkin and John P. Georgino, and to approve and execute the certificate of Acceptance. Motion carried. Communication from Moussa Peykar, owner of property located at 4820 East 50th Street in the City of Vernon, dated May 26, 1994, was presented, appealing the decision of the Interim Director of Community Services, pertaining to the existing loading docks on Gifford street. victor H. Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized this matter. 4an~ I I City Council Minutes page 8 June 7, 1994 It was moved by Ybarra, seconded by Davis, that the aforementioned matter pertaining to property at 4820 East 50th street be referred back to the Community services Department for further review. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 1, 1994, was presented, advising that at the City Council Meeting held April 5, 1994, Bid No. 1334 for an Aerial Lift Service Truck for the Light and Power Department was referred to the City Attorney for review, and based on his review, it is hereby recommended that all bids received be rejected. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated June 1, 1994 be received and filed, and to reject the bids received in connection with Bid No. 1334. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 1, 1994, was presented, requesting authority and funds for Mayor Leonis C. Malburg, Mayor Pro Tern Thomas Ybarra and Councilmen William McCormick and Larry Gonzales to attend the Independent cities Association Annual Conference in San Diego, July 6-10, 1994, with an expense allowance of $1430 each. It was moved by Ybarra, seconded by Davis, that authority be granted for the aforementioned City officials to attend the above listed conference with an expense allowance of $1430 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 1, 1994, was presented, requesting authority and funds for himself and Councilman william Davis to attend the Independent Cities Association Annual Conference in San Diego, July 6-10, 1994, with an expense allowance of $890 each. It was moved by McCormick, seconded by Gonzales, that authority be granted for the aforementioned City officials to attend the above listed conference with an expense allowance of $890 each. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated June 2, 1994, was presented, transmitting an Engineer's Report pertaining to Dean Distributor's Inc., a food processor occupying the building located at 2099 27th Street. The company is proposing to expand their operation into an adjacent building at 2051 27th street and will need direct access between the buildings. The proposed construction of two openings 9' x 12' will require a Variance from the 1991 Edition of the Uniform Building Code, Table No.5-A: Wall and Opening Protection of Occupancies Based on Location of Property. If the Variance is granted no additional hazards will be introduced. This has been reviewed by the Interim Director of Community Services and the Fire Chief, and it is hereby recommended that the Variance be granted contingent upon the following Conditions: 1. A three hour fire rated door assembly shall be provided at each opening with fusible links or both sides of the opening in the property line walls. 2. Upon any change in occupancy, ownership, or use, the openings shall be permanently sealed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated June 2, 1994 and all supporting documents be received and filed, and that the Variance be granted to Dean Distributor's Inc. contingent upon their adherence to the aforementioned Conditions No. 1 and 2. Motion carried. 4906 I I City Council Minutes page 9 June 7, 1994 Communication from Bruce V. Malkenhorst, City Clerk, dated June 2, 1994, was presented, transmitting an Engineer's Report pertaining to Summit Textile Manufacturing, Inc. dba Parvin Industries, a manufacturer and distributor of kitchen textiles occupying the building located at 2031 27th Street. The company is proposing to expand their operation into an adjacent building at 2049 27th street and will need direct access between the buildings. The proposed construction of one opening measuring 9' x 12' will require a Variance from the 1991 Edition of the Uniform Building Code, Table No.5-A: Wall and Opening Protection of Occupancies Based on Location of Property. If the Variance is granted no additional hazards will be introduced. This has been reviewed by the Interim Director of Community Services and the Fire Chief, and it is hereby recommended that the Variance be granted contingent upon the following Conditions: 1. A three hour fire rated door assembly shall be provided at the opening with fusible links on both sides of the opening in the property line walls. 2. Upon any change in occupancy, ownership, or use, the openings shall be permanently sealed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated June 2, 1994 and all supporting documents be received and filed, and that the Variance be granted to Summit Textile Manufacturing, Inc. dba Parvin Industries contingent upon their adherence to the aforementioned Conditions No.1 and 2. Motion carried. Communication from Victor H. Vaits, Interim Director of Community Services, dated June 2, 1994, was presented, transmitting Contract No. 524, Vernon Gas Distribution System, Phase I, and recommending that the Contract be approved and authority granted to advertise for bids. It was moved by McCormick, seconded by Gonzales, that the communication from the Interim Director of Community Services dated June 2, 1994 be received and filed, and that his recommendation be approved. Motion carried. Mayor Malburg abstained from voting on this matter. RESOLUTION NO. 6431 - A Resolution of the City Council of the City of Vernon Approving Contract No. 524 of the City of Vernon for Vernon Gas Distribution System, Phase I and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6431 be approved and adopted. Motion carried. Mayor Malburg abstained from voting on this matter. Communication from Bruce V. Malkenhorst, Director of Personnel, dated June 2, 1994, transmitting the Agenda for the Personnel Committee Meeting to be held June 6, 1994, for approval of the recommendations contained therein. The City Clerk advised that this matter should be deferred to after Closed Session later this date. It was moved by Gonzales, seconded by Davis, that the aforementioned matter pertaining to approval of the Personnel Committee Agenda be deferred to after Closed Session later this date. Motion carried. 4905 I I City Council Minutes page 10 June 7, 1994 Communication from Bruce V. Malkenhorst, Director of Finance, dated June 2, 1994, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held June 6, 1994, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Ybarra, to approve the recommendations listed on the Agenda for the Adjourned Finance Committee Meeting held June 6, 1994. Motion carried. RESOLUTION NO. 6440 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Special Services By and Between the City of Vernon and Liebert, Cassidy & Frierson, a Professional Corporation, To Provide Special Legal Services pertaining to Employment Relations Matters and for Participation by the City in the South Bay Employee Relations Consortium Training Sessions in 1994, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6440 be approved. Motion carried. WARRANT REGISTER NO. 889 covering claims and demands presented during the period of May 13 thru June 2, 1994, drawn on the First Interstate Bank totaling $225,107.83, which includes Demand Nos. 46974 thru 47216 (inclusive), excluding Light and Power Demands and Void Demand Nos. as listed below (accounting period June, 1994) was examined and audited: 46978 46992 47002 47024 47025 47039 47040 47041 47100 47163 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 839 be approved and payment authorized for claims and demands totaling $225,107.83, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 889 covering claims and demands presented during the period of May 13 thru June 2, 1994, drawn on the First Interstate Bank totaling $2,985,385.77, which includes Light and Power Demand Nos. as listed below (accounting period June, 1994) was examined and audited: 46974 46990 47007 47026 47060 47093 47117 47155 47188 46982 46991 47014 47027 47069 47096 47119 47164 47189 46983 46993 47018 47038 47073 47101 47134 47166 47198 46987 47003 47019 47043 47078 47103 47141 47170 47200 46988 47005 47020 47047 47085 47110 47149 47181 47203 46989 47006 47023 47050 47089 47114 47154 47186 47209 47215 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 889 be approved and payment authorized for claims and demands totaling $2,985,385.77. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. David B. Brearley, City Attorney, addressed the Council and recommended that the following matters be deferred to the next City Council Meeting. Discussion of Southeast Enterprise Community Coalition's Strategic Plan and approval of the Application for Designation as a Federal Enterprise Community. 4904 I I City Council Minutes page 11 June 7, 1994 Discussion of the state required "Nominating Local Governments Responsibilities Agreement" between the City and the state of California Department of social Services. RESOLUTION NO. 6445 - A Resolution of the City Council of the City of Vernon (1) Approving and Authorizing the Execution of the Nominating Local Government Responsibilities Agreement By and Between the City of Vernon and the State Department of Social Services; and (2) Approving the Draft Strategic Plan Prepared by the Southeast Enterprise Community Consortium and Providing Assurances that the City of Vernon will Carry Out Those Portions of Said Plan Which Apply to Said City if the S.E.C.C. Area is Designated as an Enterprise Community. It was moved by Gonzales, seconded by Ybarra, that the aforementioned two matters pertaining to the discussion of the Southeast Enterprise Community Coalition's Strategic Plan; the Application for Designation as a Federal Enterprise Community; the Nominating Local Government Responsibilities Agreement; and Resolution No. 6445 be deferred to the next City Council Meeting. Motion carried. David B. Brearley, City Attorney, advised that the fOllowing matter should also be deferred to after Closed Session later this date. RESOLUTION NO. 6449 - A Resolution of the City council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Form Association and to Conduct Litigation Respecting the pier J Project of the Port of Long Beach. It was moved by Davis, seconded by Gonzales, that Resolution No. 6449 be deferred to after Closed Session later this date. Motion carried. The City Attorney advised that the following matter should be deferred to after Closed Session later this date. Consideration of changes to Chapter 22 of the Vernon City Code which relates to Encroachment Permits as submitted by the Interim Director of Community Services, dated June 2, 1994. ORDINANCE NO. 1022 - An Ordinance of the City council of the City of Vernon Amending Article VI of Chapter 22 of the Code of the City of Vernon, california, 1959, Regarding Encroachments and Repealing All Ordinances or Parts of Ordinances in Conflict Herewith. (FIRST READING) It was moved by Gonzales, seconded by Davis, that the aforementioned matter pertaining to Chapter 22 of the Vernon City Code and Ordinance No. 1022 be deferred to after Closed Session later this date. Motion carried. The Mayor called a recess at 6:10 p.m. The Council reconvened in regular session at 6:14 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer with legal counsel on Item 3 listed below, the time being 6:14 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, City Attorney, and the Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 4903 I I City Council Minutes page 12 June 7, 1994 3. with respect to every item of business to be discussed in closed session pursuant to Government Code section 54957. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:20 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, to approve the discipline for Don Quiroz as recommended by the Director of Light and Power. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer with legal counsel on Item 1 and 2 listed below, the time being 6:20 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, City Attorney, and the Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 1. with respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Names of Cases: (a) CPUC Docket No. A.91-03-039 (SoCaIGas); (b) Central Basin Municipal Water District v. city of Vernon, LASC No. BS 028717; (c) citv of Vernon v. Central Basin Municipal Water District Board of Directors. et al., LASC No. BS 028742; 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation: One (1) potential case. The Mayor was excused at 6:26 p.m. and Mayor Pro Tem Ybarra assumed the Chair. The Mayor returned at 6:35 p.m. and assumed the Chair. It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 6:36 p.m. Motion carried. RESOLUTION NO. 6449 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Form Association and to Conduct Litigation Respecting the Pier J Project of the Port of Long Beach, was presented. (Deferred from earlier in the meeting.) 4&02 I I City Council Minutes page 13 June 7, 1994 It was moved McCormick, seconded by Ybarra, that Resolution No. 6449 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, to authorize litigation against the Port of Long Beach and the City of Long Beach. Motion carried. Consideration of changes to Chapter 22 of the Vernon City Code which relates to Encroachment Permits as submitted by the Interim Director of Community Services, dated June 2, 1994. (Deferred from earlier in the meeting.) ORDINANCE NO. 1022 - An Ordinance of the City council of the City of Vernon Amending Sections 22.29 (j) and 22.33 of Article VI of Chapter 22 of the Code of the City of Vernon, California, 1959, Regarding Encroachments and Providing for and Limiting the provision of Services of a Public utility Nature in the City; Amending the Code of the City of Vernon, California, 1959, By Adding Article XIII and New sections 2.91 and 2.92 to Chapter 2 of Said Code Regarding Public utility Systems; and Repealing All Ordinances or Parts of Ordinances in Conflict Herewith, was read by Title by the City Clerk for a First Reading. (Deferred from earlier in the Meeting.) It was moved by Ybarra, seconded by Mccormick, that Ordinance No. 1022 be approved for a First Reading. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated June 2, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held June 6, 1994, for approval of the recommendations contained therein. (Deferred from earlier in the meeting.) It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held June 6, 1994, be approved. Motion carried. There being no further business to come before the Council at this time, it was moved by Gonzales, seconded by McCormick, that the meeting adjourn to Monday, June 13, 1994 at 5 p.m. Motion carried. ~~=~. . .. Leonis c. Malb rg yor Bruce V. Malkenhorst City Clerk 4901 I I ORDER OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I COUNCIL COUNCIL AVENUE, COUNCIL COUNCIL AVENUE, HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY OF THE CITY OF VERNON HELD JUNE 7, 1994 AT 5 P.M. IN THE CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY (QUORUM PRESENT) TO MONDAY JUNE 13, 1994 AT 5 P.M. IN THE CHAMBERS OF THE CITY HALL, LOC~TED T 4305 SANTA FE VERNON, CALIFORNIA ~ ruce V. Malk~nhorst (:fJ City Cle Clerk AFFIDAVIT OF POSTING ORDER OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon, do hereby certify that I did, on the 8th day of June, 1994, have posted: The above Order of Adjournment for the City Council Meeting held June 7, 1994. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Chief OOA