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19940712 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 12, 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, Davis, Gonzales, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. The City Clerk advised that the following matter should be deferred to the first meeting in August. Minutes of the Adjourned City Council Meeting held June 30, 1994. It was moved by Ybarra, seconded by Gonzales, that the Minutes of the Adjourned City Council Meeting held June 30, 1994, be deferred to the first City Council Meeting in August. Motion carried. At this time, Mayor Malburg awarded Service pins to the following employees and extended congratulations on behalf of the entire Council: Mary Frances Rutz, Engineering Technician - 5 Years Rory Moore, Firefighter - 5 Years Mark Whitworth, Firefighter - 5 Years Carol Dacey, Customer Service Mgr. - 5 Years The following employees were unable to attend the meeting and their Service pins were accepted by their respective department head: Ron Anderson, Foreman - 20 Years Charla Duncan, Secretary - 15 Years Mark Moen, Police Sergeant - 10 Years Peter Gantes, Firefighter - 5 Years Todd Hewett, Fire Engineer - 5 Years The Mayor called a recess at 5:07 p.m. The Council reconvened in regular session at 5:11 p.m., all members present before the recess again being present. Police Department Activity Log for the period June 16 thru 30, 1994, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period June 16 thru 30, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period June 16 thru 30, 1994, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period June 16 thru 30, 1994, be received and filed. Motion carried. The City Clerk announced 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. 4943 I I Adjourned Regular City Council Meeting Minutes July 12, 1994 Page 2 It was moved by Ybarra, seconded by Malburg, to open the 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, the time being 5:12 p.m. Motion carried. (CONTINUED FROM THE CITY COUNCIL MEETING HELD JUNE 7, 1994.) Samuel Kevin Wilson, civil Engineer, addressed the City Council and briefly summarized this matter. Communication from Bruce V. "Ma1kenhorst, City Clerk, dated May 10, 1994, was presented, advising that Choice Meat 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 4820 Everett Avenue, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has five non-conforming truck loading spaces 10 feet wide and 41.3 feet long. The unique physical condition of the property causes a hardship that does not exist on surrounding properties, and the company is proposing to remove the tractor from any truck which parks for longer than fifteen minutes and extends into the street right-of-way. This has been reviewed by the Interim Director of Community Services and the City Attorney, and it is hereby recommended that the Variance be granted contingent upon the fOllowing Condition: 1. Any truck parked in a loading space which extends into the street right-of-way for longer than fifteen minutes, the tractor portion of the truck shall be removed. Communication from victor H. Vaits, Interim Director of Community Services, dated July 7, 1994, was presented, transmitting a revised Engineer's Report dated July 6, 1994, and advising that upon further review of the Condition set forth on the Variance for Choice Meat Company, it is hereby recommended that the Condition be changed to read as follows: 1. The use of the non-conforming truck loading space shall be limited so that any truck parked at the loading docks 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 anyone had any questions or comments concerning this matter. Mr. Tom Montgomery, a representative of McKinney & Co., addressed the Council on behalf of Choice Meat Company, and advised they would comply with the Condition placed on the Variance. It was moved by Ybarra, seconded by Davis, to close the Public Hearing pertaining to the request for a Variance from Choice Meat Company, the time being 5:16 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communications from the City Clerk dated May 10, 1994, and Interim Director of Community Services dated July 7, 1994, and all supporting documents be received and filed, and that the Variance be granted to Choice Meat Company contingent upon their adherence to the aforementioned Condition No. 1 as set forth in Mr. Vaits's letter dated July 7, 1994. Motion carried. 4942 I I Adjourned Regular City Council Meeting Minutes July 12, 1994 Page 3 RESOLUTION NO. 6429 - A Resolution of the City Council of the City of Vernon Granting a Variance to Choice Meat Company from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4820 Everett Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6429 be approved and adopted. Motion carried. It was moved by McCormick, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Shamrock Meats, Inc. for a variance to allow the tenant to utilize ten non-conforming truck loading spaces at 3461 Vernon Avenue, the time being 5:17 p.m. Motion carried. Samuel Kevin Wilson, Civil Engineer, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, city Clerk, dated July 7, 1994, was presented, advising that Shamrock Meats, Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 3461 Vernon Avenue, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has one conforming truck loading space and ten non- conforming spaces. All non-conforming spaces are 8 feet wide and four spaces are 21.8 feet long; three are 23.8 feet long; and three are 23 feet long. The building has one additional conforming truck loading space that can be utilized when the seven westerly non-conforming spaces are empty. The company is proposing to use only vehicles of a smaller length at the non- conforming spaces. This has been reviewed by the Interim Director of Community Services and the City Attorney, and it is hereby recommended that the Variance be granted contingent upon the following Condition: 1. 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 existing street right-of-way. The Mayor asked if there were any questions or comments concerning this matter. Mr. Tom Montgomery, a representative of McKinney & Co., addressed the Council on behalf of Shamrock Meats, Inc., advising that they are in agreement with the Condition placed on the Variance and they intend to comply. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the request for a Variance from Shamrock Meats, Inc., 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 July 7, 1994 and all supporting documents be received and filed, ,and that the Variance be granted to Shamrock Meats, Inc. contingent upon their adherence to the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6473 - A Resolution of the City Council of the City of Vernon Granting a Variance to Shamrock Meats, Inc. from section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 3461 Vernon Avenue in the City of Vernon, was presented. 4941 I I Adjourned Regular City Council Meeting Minutes July 12, 1994 Page 4 It was moved by Ybarra, seconded by McCormick, that Resolution No. 6473 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Norris for a Variance to allow the tenant to utilize two non-conforming truck loading spaces at 2938 54th street, the time being 5:21 p.m. Motion carried. Samuel Kevin Wilson, civil Engineer, addressed the Council and briefly summarized this matter. He advised that the Variance should be in the name of NI Industries (rather than Norris) and that the applicant had submitted the incorrect name. All other information which has been submitted to the City Clerk is correct. Communication from Bruce V. Ma1kenhorst, City Clerk, dated July 7, 1994, was presented, advising that Norris has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the property located at 2938 54th 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 two conforming truck loading spaces and three non-conforming spaces on 54th Street; the two most westerly are 8 feet wide and 38 feet long, and the easterly one is not used. The company is proposing to use only vehicles of a smaller length at the two most westerly docks and not to use the easterly dock. This has been reviewed by the Interim Director of Community Services and the City Attorney, and it is hereby recommended that the Variance be granted with the following Conditions: a. The usage of the two most westerly non-conforming truck loading spaces on 54th Street shall be limited so that any truck parked at the loading docks shall not extend into the existing street right-of-way; b. The easterly non-conforming truck loading dock on 54th Street shall be sealed and the driveway shall be removed and replaced with City of Vernon standard curb, gutter and sidewalk. The Mayor asked if there was anyone in the audience who wished to address the Council on this matter. Mr. David Booth addressed the Council on behalf of NI Industries. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing pertaining to the Variance request from NI Industries, 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 July 7, 1994 and all supporting documents be received and filed, and that the Variance be granted to NI Industries, Inc. contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6472 - A Resolution of the City Council of the City of Vernon Granting a Variance to NI Industries, Inc. from Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance, for the Property Located at 2938 54th street in the City of Vernon, was presented. .4940 I I Adjourned Regular City Council Meeting Minutes July 12, 1994 Page 5 It was moved by Gonzales, seconded by Davis, that Resolution No. 6472 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING pertaining to the Non-Disposal Facility Element of the City of Vernon Solid Waste Management Plan, the time being 5:26 p.m. Motion carried. Lewis Pozzebon, Director of Environmental Health, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated July 7, 1994, was presented, advising that the City Council previously approved the City's Non-Disposal Facility Element (NDFE) and adopted Resolution No. 6420. The California Integrated Waste Management Board, as of January 1994, requires that a Public Hearing be held prior to adoption of a NDFE. Transmitted herewith are the following documents: 1. The letter from the California Integrated Waste Management Board dated June 3, 1994. 2. Copy of Notice of Public Hearing. 3. Copy Affidavit of posting of the Public Hearing notice. 4. Copy of Declaration of Publication of the Public Hearing Notice. This has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that any testimony or comments be taken from interested parties during this Public Hearing, and that the NDFE be approved and a new resolution be adopted. comments. The Mayor asked if there were any questions or There were no questions or comments. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the Non-Disposal Facility Element of the City of Vernon Solid Waste Management Plan, the time being 5:29 p.m. Motion carried. It was moved by Ybarra, seconded by Mccormick, that the communication from the City Clerk dated July 7, 1994 and all supporting documents be received and filed, and the Non-disposal Facility Element be approved. Motion carried. RESOLUTION NO. 6475 - A Resolution of the City Council of the City of Vernon Adopting a Nondisposal Facility Element For All New and Existing Nondisposal Facilities Needed to Implement Local Source Reduction and Recycling Elements Pursuant to Public Resources Code Section 41730 Et Seq. and Repealing Resolution No. 6420, was presented. It was m that Resolution No. carried. by Ybarra, seconded by Gonzales, be approved and adopted. Motion Samuel K Wilson, civil Engineer, advised that the following matter and the three resolutions pertaining to same should be deferred t the next City Council meeting. 4933 I I Adjourned Regular City Council Meeting Minutes July 12, 1994 Page 6 Communication from Bruce V. Malkenhorst, City Clerk, dated June 16, 1994, advising that Vernon Metro Center II, a California Limited Partnership is proposing to subdivide and develop property at 3030 Atlantic Boulevard. In order to subdivide the property, the City is requiring the construction of frontage improvements which will include the widening of Atlantic Boulevard, the installation of a traffic signal and the extension of utilities. Vernon Metro Center II has requested that an assessment district be formed to pay for improvements. This has been reviewed by the Interim Director of Community Services and the City Attorney, and it is hereby recommended that (I) an agreement with Vernon Metro Center II be approved to insure that all costs associated with the formation of the Assessment District will be paid for out of a deposit made by the developer; (2) the services of Willdan Associates be retained as Assessment Engineer; and (3) the law firm of Jones Hall Hill & White be retained as Bond Attorneys for the project. (Deferred from the City Council Meeting held June 30, 1994.) RESOLUTION NO. 6459 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Payment of Engineering and Bond Counsel Costs By and Between the City of Vernon and Vernon Metro Center II, A California Limited Partnership. (Deferred from the City Council Meeting held June 30, 1994.) RESOLUTION NO. 6460 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Services By and Between the City of Vernon and Willdan Associates. (Deferred from the City Council Meeting held June 30, 1994.) RESOLUTION NO. 6461 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Legal Services By and Between the City of Vernon and Jones Hall Hill & White. (Deferred from the City Council Meeting held June 30, 1994.) It was by Gonzales, seconded by Davis, that the aforementioned matter pertaining to Vernon Metro Center II, a California Limited Partnership, be deferred to the next City Council Meeting. Motion carried. Communication from Fire Chief Dave Telford, dated May 26, 1994, was presented, requesting authority and funds for the below listed Fire Department personnel to attend the Haz Mat Specialist Upgrade Course - Module IF in Ontario, July 18-22, 1994, with an expense allowance of $350 each for the registration fee: authority personnel allowance Dave Moore, Fire Engineer Craig Peltier, Firefighter Mark Whitworth, Firefighter Rory Moore, Firefighter It was moved by Ybarra, seconded by McCormick, that be granted for the above listed Fire Department to attend the aforementioned course with an expense of $350 each for registration. Motion carried. Communication from Fire Chief Dave Telford, dated May 26, 1994, requesting authority and funds for the below listed Fire Department personnel to attend the Haz Mat Specialist Upgrade Course - Module 1G in Ontario, July 25-29, 1994, with an expense allowance of $350 each for the registration fee: Dave Moore, Fire Engineer Mark Whitworth, Firefighter Craig Peltier, Firefighter Rory Moore, Firefighter 493,8, I I Adjourned Regular City Council Meeting Minutes July 12, 1994 Page 7 It was moved by McCormick, seconded by Davis, that authority be granted for the above listed Fire Department personnel to attend the aforementioned course with an expense allowance of $350 each for registration. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated June 30, 1994, was presented, transmitting the Minutes of the Adjourned Finance Committee Meeting held June 28, 1994, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the Minutes of Adjourned Finance Committee Meeting held June 28, 1994 be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 30, 1994, was presented, transmitting a License For An Electric Supply Line Across Or Along Railway Property with Los Angeles Junction Railway Company (LAJ). This License provides for City service wires crossing LAJ property to reach another customer. This has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that the License be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated June 30, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6474 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a License for Electric Supply Line Across or Along Railway Property (Electric Light and Power Supply Lines, Irrespective of Voltage, Overhead or Underground) By and Between the City of Vernon and the Los Angeles Junction Railway Company, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6474 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 7, 1994, was presented, transmitting results as listed below of bids received and opened June 30, 1994 in accordance with Contract No. 524, Vernon Gas Distribution System, Phase I: 1. J. S. stanton Construction Company, Inc. 2. Commercial Contractors, Inc. 3. SE Pipe Line Construction Company 4. ARB, Inc. 5. Valley Engineers, Inc. 6. Doty Bros. Equipment Company 7. Kenko, Inc. dba McGrand and Associates $1,912,860.25 2,020,679.13 2,498,258.40 1,905,586.82 1,772,900.00 2,208,254.00 1,841,652.00 The bids have been referred to the Interim Director of Community Services for review. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 7, 1994 be received and filed. Motion carried. Communication from victor H. Vaits, Interim Director of Community Services, dated July 6, 1994, was presented, advising that Dubron and Associates have submitted on behalf of the property owners Roy Ulrich, Renee HarwiCk, Bethany Goldstein, Charles and Anna Ulrich Trust, and Dorothy Weingard and Barney Weingard Family Revocable Trust, Vesting Tentative Parcel Map No. 23709 for investigation and report in accordance with the Subdivision Map Act. The property being subdivided is located at 3030 Atlantic Boulevard and will be divided into two lots. Transmitted herewith is the following evidence: 4937 I I Adjourned Regular City Council Meeting Minutes July 12, 1994 Page 8 1. Print of Tentative Parcel Map No. 23709; 2. Engineer's Report; 3. Excerpts from the Subdivision Map Act. It is the opinion of the Interim Director of Community services that the Parcel Map will pose no adverse effects. The project is consistent with the General Plan as adopted by the City of Vernon, and is categorically exempt from the state of California Environmental Quality Act. This has been reviewed by the City Attorney, and it is hereby recommended that Tentative Parcel Map No. 23709 be approved contingent upon the following Conditions: 1. The existing building at the subject site shall be made to conform with all current City Codes. 2. Atlantic Boulevard be widened and frontage improvements be constructed to City standards as shown on City Paving Plan P2199. 3. Construct a traffic signal to City specifi- cations and as shown on Traffic Plan T2202. 4. Eradicate existing conflicting street markings, relocate existing street signs, paint new street markings and install new street signs on Atlantic Boulevard in conformance with City standards and specifications as shown on Traffic Plan T2207. 5. Dedicate to the City of Vernon by separate deed, property necessary to widen Atlantic Boulevard as shown on Paving Plan P2199. 6. Provide the City with a roadway easement and utility easement to serve parcel 2 with all necessary utilities. 7. Construct or fund the construction of all utilities including sewer, water, storm drain and power facilities required to be extended in order to service the two parcels. Construction shall be to the Agency's standards having authority over the structure. 8. Construct all railroad crossing protection devices to L.A. Junction Railroad standards at all locations where vehicles will cross active railroad tracks. The City Clerk asked Mr. Wilson, civil Engineer, if there were any plans for the back parcel. Mr. Wilson advised that Brad Cohen, the developer, was in the audience and could answer the question. Mr. Brad Cohen, representing Dubron and Associates, advised the Council they presently intend to "build to suit" in that area which is approximately 135,000 square feet. It was moved by Ybarra, seconded by Davis, that the communication from the Interim Director of Community services dated July 6, 1994 be received and filed, and that Parcel Map No. 23709 be approved contingent upon the aforementioned Conditions No. 1 thru 8. Motion carried. 4~.:36 I I Adjourned Regular City Council Meeting Minutes July 12, 1994 Page 9 Communication from Bruce V. Malkenhorst, City Clerk, dated July 7, 1994, was presented, advising that Roda Investment Company Ltd. and Battery Properties Investment Co., Ltd. own the property located at 3211 26th street; Marcos and Patti Penalba own the adjoining property at 3137 26th street. The owners are requesting an adjustment of the boundary line between the parcels which will result in a portion of land being transferred from the Roda Investment Co., Ltd. and Battery Properties Investment Co., Ltd. parcel to the Penalba parcel. This has been reviewed by the Interim Director of Community Services and the City Attorney, and it is hereby recommended that the Lot Line Adjustment be approved. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 7, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6476 - A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment Requested By Roda Investment Co., Ltd and Battery Properties Investment Co., Ltd. and Marcos and Patti Penalba, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6476 be approved and adopted. Motion carried. Communication from Lewis J. Pozzebon, Health Officer, dated June 20, 1994, was presented, transmitting the "Local Detention Facility Health Inspection Report" and advising that in compliance with Section 459 of the Health and Safety Code, the City of Vernon Jail was inspected on June 16, 1994 and is in compliance with Board of Corrections' standards and requirements regarding sanitary conditions. It was moved by Ybarra, seconded by Gonzales, that the communication and report from the Health Officer dated June 20, 1994 be received and filed. Motion carried. The City Clerk advised that the following matter should be deferred to after Closed Session later in the meeting. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 7, 1994, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held July 11, 1994, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the qforementioned matter be deferred to after Closed session later this date. Motion carried. WARRANT REGISTER NO. 891 covering claims and demands presented during the period of June 17 thru July 7, 1994, drawn on the First Interstate Bank totaling $323,155.51, which includes Demand Nos. 47430 thru 47617 (inclusive), excluding Light and Rower Demands and Void Demands as listed below (accounting period June paid in July, 1994) was examined and audited: 47452 47488 47492 47493 47494 47548 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 891 be approved and payment authorized for claims and demands totaling $323,155.51, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 891 covering claims and demands presented during the period of June 17 thru July 7, 1994, drawn on the First Interstate Bank totaling $2,783,720.59, which includes Light and Power Demand Nos. as listed below (accounting period June paid in July, 1994) was examined and audited: 4l,!},:l,Si I I Adjourned Regular City July 12, 1994 Council Meeting Minutes Page 10 47435 47441 47462 47480 47501 47531 47545 47566 47437 47444 47467 47481 47507 47537 47546 47570 47438 47449 47473 47483 47519 47541 47549 47612 47439 47451 47476 47491 47523 47543 47555 47614 47440 47456 47479 47495 47528 47544 47557 47616 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 891 be approved and payment authorized for claims and demands totaling $2,783,720.59. 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. WARRANT REGISTER NO. 892 covering claims and demands presented during the period of June 17 thru July 7, 1994, drawn on the First Interstate Bank totaling $32,015.50, which includes Demand Nos. 47623 thru 47643 (inclusive), excluding Demand Nos. 47618 thru 47622 (inclusive); Light and Power Demands and Void Demand Nos. 47623 thru 47625 (inclusive) (accounting period July, 1994) was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 892 be approved and payment authorized for claims and demands totaling $32,015.50, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 892 covering claims and demands presented during the period June 17 thru July 7, 1994, drawn on the First Interstate Bank totaling $612,344.07, which includes Light and Power Demand Nos. 47629 and 47636 (accounting period July, 1994) was examined and audited. It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 892 be approved and payment authorized for claims and demands totaling $612,344.07. 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. Consideration of a Power Sale Agreement between San Diego Gas & Electric Company and the City of Vernon as submitted by Kenneth J. DeDario, Director of Light and Power, dated July 6, 1994. Kenneth J. DeDario, Director of Light and Power, addressed the City Council and briefly summarized this matter. It was moved by Ybarra, seconded by McCormick, that the Power Sale Agreement between San Diego Gas & Electric Company and the City of Vernon be approved and executed. Motion carried. RESOLUTION NO. 6358 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a 1995 Power Sales Agreement By and Between the City of Vernon and San Diego Gas & Electric Company, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6358 be approved and adopted. Motion carried. The Mayor called a recess at 5:52 p.m. The Council reconvened in regular session at 5:54 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:54 p.m. Motion carried. ~u I I Adjourned Regular City Council Meeting Minutes July 12, 1994 Page 11 All persons were excluded from Closed Session with the exception of the City Clerk, Legal Counsel, Chief Deputy City Clerk and Samuel Kevin Wilson, Civil Engineer. 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 Government Code section 54957. PUBLIC EMPLOYEE APPOINTMENT Title: Acting Director of Community Services It was moved by Gonzales, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 5:58 p.m. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 7, 1994, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held July 11, 1994, for approval of the recommendations contained therein. (Deferred from earlier in the meeting.) It was moved by McCormick, seconded by Davis, to approve the recommendations contained on the Agenda for the Adjourned Regular Personnel Committee Meeting held July 11, 1994. Motion carried. It was moved by Gonzales, seconded by Davis, that Samuel Kevin Wilson be appointed Acting Director of Community Services, effective July 11, 1994. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session to confer with legal counsel on Item No.2 listed below, the time being 5:59 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, Legal Counsel and Chief Deputy City Clerk. Mayor Malburg was excused at 6 p.m. and Mayor Pro Tem Ybarra assumed the Chair. The Mayor Pro Tern ordered all communications to and from the Closed Session deemed privileged and confidential. 2. 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 Name of Cases: (a) Central Basin Municipal Water District v. city of Vernon, LASC No. BS 028717; (b) citv of Vernon v. Central Basin Municipal Water District Board of Directors. et al.. LASC No. BS 028742; (c) City of Vernon. et ale V. Board of Harbor Commissioners of the City of Lonq. et al., LASC No. BC 106713; (d) CPUC Docket No. A.91-03-039 (SoCalGas); 4933 I I Adjourned Regular City Council Meeting Minutes July 12, 1994 Page 12 Chair. Mayor Malburg returned at 6:02 p.m. and assumed the It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:02 p.m. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. ~.~ (Leonis C~g . Mayor A~ /H~ Bruce V. Malkenhorst City Clerk 4:9:32 I I NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON TO BE HELD JULY 5, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY CLERK DUE TO LACK OF QUORUM TO JULY 12, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA ~ Clerk AFFIDAVIT OF POSTING NOTICE 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 6th day of July, 1994, have posted: The above Notice of Adjournment for the City Council Meeting to be held July 5, 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. Dated: ~~/;v ( Clerk