19940607 Regular City Council Meeting - Minutes
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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.
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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.
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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.
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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:
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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.
, .,
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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
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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.
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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.
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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.
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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.
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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.
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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.)
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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
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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