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19940920 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 20, 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 Minutes of the City Council Meetings held August 25 and 30, 1994 should be deferred to the next City Council Meeting. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meetings held August 25 and 30, 1994, be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 8, 1994, was presented, advising that the below listed employees have qualified in the month of August for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Date of Hire Employee Award 01/23/89 06/18/90 08/27/84 Glenn Burdick, System Operator Ben Potter, Civilian Traffic Of cr. William Wilson, Engineering Aide 2 Year 2 Year 2 Year The Mayor presented the above listed employees with their respective awards and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their respective awards were accepted by their respective department heads: 05/07/90 02/01/70 OS/27/84 David Lopez, Police Officer Larry Weaver, Fire Captain Manuel Garcia, Chief W/P Dispatcher 2 Year 4 Year 8 Year The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Police Department Activity Log for the period August 16 thru 31, 1994, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period August 16 thru 31, 1994, be received and filed. Motion carried. Police Department Activity Log for the period September 1 thru 15, 1994, was presented. It was moved by Ybarra, seconded by Gonzales, that the Police Department Activity Log for the period september 1 thru 15, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period August 16 thru 31, 1994, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity Report for the period August 16 thru 31, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period September 1 thru 15, 1994, was presented. 5t&6 I I City Council Minutes page 2 September 20, 1994 It was moved by Davis, seconded by Gonzales, that the Fire Department Activity Report for the period September 1 thru 15, 1994, be received and filed. Motion carried. Health Department Report for the month of August, 1994, was presented. It was moved by Ybarra, seconded by McCormick, that the Health Department Report for the month of August, 1994, be received and filed. Motion carried. Risk Management Report for the month of August, 1994, was presented. It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of August, 1994, be received and filed. Motion carried. ORDINANCE NO. 1023 - An Ordinance of the City Council of the City of Vernon Authorizing an Amendment to the Contract Between the City Council of the City of Vernon and the Board of Administration of the Public Employees' Retirement System ("PERS"), was read by Title by the City Clerk for a Second and Final Reading. It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1023 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, McCormick, Gonzales, Davis 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 anyone in the audience wished to address the Council on any matter listed on the agenda other than with regard to any Public Hearings that may be listed. There was no one in the audience who wished to address the Council at this time. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Sidney Ann Hoag and Stanley Bower Runyan II for a Variance to allow the tenant to utilize two non-conforming truck loading spaces at 4727 48th Street, the time being 5:14 p.m. Motion carried. In the absence of the Acting Director of Community Services, Brian Adel, civil Engineer in the Community Services Department, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated September 7, 1994, was presented, advising that Sidney Ann Hoag and Stanley Bower Runyan II have submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4727 48th 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 non-conforming truck loading spaces that are 10 feet wide and 29.6 feet long, and the company is proposing to use only vehicles of a smaller length at these spaces. This has .Ii;' ,~ v~ 5 0 O~'5' I I City Council Minutes page 3 September 20, 1994 been reviewed by the Acting Director of Community services, and it is hereby recommended that the Variance be granted with the following Conditions: a. The usage of the non-conforming truck loading spaces 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. b. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. Communication from Paul B. Beckstead, owner of the property located at 4707 49th Street, was presented, dated September 4, 1994, stating his opposition to the City granting the aforementioned Variance if it would hinder his tenant's ingress and egress from 4707 49th Street. Communication from Bruce V. Malkenhorst, City Clerk, dated September 14, 1994, was presented, transmitting an "Evaluation" submitted by Kevin Wilson, Acting Director of Community Services, which addresses the concerns expressed in Mr. Paul Beckstead's letter of September 4th, and determines that because of the "Conditions" set forth in granting this Variance, there will be no adverse effect on Mr. Beckstead's property or any of the surrounding properties, at this time, or in the future. The Mayor asked if there was anyone in the audience who had any questions on this matter. There were no questions. It was moved by McCormick, seconded by Davis, to close the Public Hearing pertaining to the Variance request from Sidney Ann Hoag and Stanley Bower Runyan II, the time being 5:17 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communications from the City Clerk dated September 7 and 14, 1994, and from Paul B. Beckstead dated September 4, 1994, and all supporting documents submitted during the Public Hearing be received and filed as evidence; and that the Variance be granted to Sidney Ann Hoag and Stanley Bower Runyan II contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6496 - A Resolution of the City Council of the City of Vernon Granting a Variance to Sidney Ann Hoag and Stanley Bower Runyan II, from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4727 48th Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6496 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, to open the PUBLIC HEARING to consider a request from Barry and Doryann Chasen for a Variance to allow the tenant to utilize two non- conforming truck loading spaces at 4900 District Boulevard, the time being 5:18 p.m. Motion carried. In the absence of the Acting Director of Community Services, Brian Adel, Civil Engineer in the Community Services Department, addressed the Council and briefly summarized this matter. 5004 I I City Council Minutes page 4 September 20, 1994 Communication from Bruce V. Malkenhorst, City Clerk, dated September 7, 1994, was presented, advising that Barry and Doryann Chasen have submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4900 District Boulevard, and transmitting the following evidence: 1. Application for variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has one conforming truck loading space and two non- conforming spaces that are 8 feet wide and 19 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming spaces. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the following Conditions: a. The usage of the non-conforming truck loading spaces 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. b. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. The Mayor asked if the City Councilor anyone in the audience had any questions or comments on this matter. No one had any questions. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing pertaining to the Variance request from Barry and Doryann Chasen, the time being 5:20 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated September 7, 1994 and all supporting documents submitted during the Public Hearing be received and filed as evidence, and that the Variance be granted to Barry and Doryann Chasen contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6509 - A Resolution of the City Council of the City of Vernon Granting a Variance to Barry and Doryann Chasen, From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4900 District Boulevard in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6509 be approved and adopted. Motion carried. It was moved by Davis, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Mardochee and Lubov Azria for a Variance to allow the tenant to utilize twelve non- conforming truck loading spaces and to allow the building to be occupied before it is brought into conformity with all the regulations, the time being 5:21 p.m. Motion carried. In the absence of the Acting Director of Community Services, Brian Adel, Civil Engineer in the Community Services Department, addressed the Council and briefly summarized this matter. 500 :l I I City Council Minutes page 5 September 20, 1994 Communication from Bruce V. Malkenhorst, City Clerk, dated September 13, 1994, was presented, advising that Mardochee and Lubov Azria have submitted an application for a Variance from Sections 26.4.6-7, Automatic Expiration of non-conforming Building, and also from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the building located at 2761 Fruitland Avenue, and transmitting the following evidence: 1. Application for variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The company is proposing a two-phase construction plan that will bring the building into conformance with all regulations within the next two years. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the following Conditions: a. Prior to any modifications or construction, all necessary permits shall be obtained from the City of Vernon. b. Only the second floor and the loading space shall be occupied prior to the completion of Phase II construction. The tenant shall obtain a temporary Certificate of Occupancy prior to occupying any portion of the structure and shall comply with all conditions therein. c. The usage of the non-conforming truck loading spaces on Fruitland Avenue 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. d. Permits for Phase II of the construction project which will bring the building into conformance with all regulations, including, but not limited to, parking, loading, and building code and ADA requirements shall be obtained within one year. Construction shall be completed within two years. e. within two years hereof, the non-conforming loading spaces on Fruitland Avenue shall be sealed and the driveways shall be removed and replaced with the City of Vernon standard curb, gutter and sidewalk. f. Within six months hereof, all other frontage improvements shall be completed as shown on City of Vernon drawing number P2259 and all necessary property for street widening shall be deeded to the City of Vernon. g. within 30 days hereof, Mardochee and Lubov Azria shall deliver a $50,000 performance bond to the City of Vernon, to be refunded upon compliance with all of the above Conditions or to be retained by the City of Vernon if compliance with the above Conditions has not been attained by September 20, 1996. h. If any of the above Conditions are not met, the temporary Certificate of Occupancy will be voided and the domestic water and power to the facility will be shut off. ".. U~. 0 2 ~, . I I City Council Minutes page 6 September 20, 1994 The Mayor asked if the City Councilor anyone in the audience had any questions or comments on this matter. No one had any questions. It was moved by Ybarra, seconded by McCormick, to close the Public Hearing pertaining to the Variance request from Mardochee and Lubov Azria, the time being 5:25 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated September 13, 1994 and all supporting documents submitted during the Public Hearing be received and filed as evidence, and that the Variance be granted to Mardochee and Lubov Azria contingent upon their adherence to the aforementioned Conditions "a" thru "h". Motion carried. RESOLUTION NO. 6510 - A Resolution of the City Council of the City of Vernon Granting a Variance to Mardochee and Lubov Azria, From Sections 26.4.6-7 and 26.4.2-8 of the Comprehensive Ordinance, for the Property Located at 2761 Fruitland Avenue in the City of Vernon, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6510 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Bob Yu and Li Fung Hung Yu for a Variance to allow the tenant to utilize two non- conforming truck loading spaces at 4555 Everett Avenue, the time being 5:26 p.m. Motion carried. In the absence of the Acting Director of Community Services, Brian Adel, civil Engineer in the Community Services Department, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated September 8, 1994, was presented, advising that Bob Yu and Li Fung Hung Yu have submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4555 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 four conforming truck loading spaces and two non-conforming spaces that are 10 feet wide and 27 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming spaces. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the following Conditions: a. The usage of the non-conforming truck loading spaces 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. b. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. t'" no' 'j ;)v '^ I I City Council Minutes page 7 September 20, 1994 The Mayor asked if the City Councilor anyone in the audience had any questions or comments on this matter. No one had any questions. It was moved by McCormick, seconded by Davis, to close the Public Hearing pertaining to the Variance request from Bob Yu and Li Fung Hung Yu, the time being 5:28 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated September 8, 1994 and all supporting documents submitted during the Public Hearing be received and filed as evidence, and that the Variance be granted to Bob Yu and Li Fung Hung Yu contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6511 - A Resolution of the City Council of the City of Vernon Granting a Variance to Bob Yu and Li Fung Hung Yu, From section 26.4.2-8 Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4555 Everett Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6511 be approved and adopted. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated August 2, 1994, was presented, requesting authority and funds for Jerry Schreiber, Senior Electrical Engineer, to attend the Electrical Inspection III Seminar in Whittier, October 24-25, 1994, with an expense allowance of $211.00. It was moved by McCormick, seconded by Ybarra, that authority be granted for Jerry Schreiber to attend the afore- mentioned seminar with an expense allowance of $211. Motion carried. Communication from Fire Chief Dave Telford, dated August 10, 1994, was presented, requesting authority and funds for the below listed Fire Department personnel to attend the Hazardous Material Specialist Upgrade Course, Module 1G, in Corona, October 3-7, 1994, with an allowance of $350 each for the registration fee: Captain William Niesley Captain Dave Kimes Engineer David Moore Firefighter Rory Moore It was moved by Ybarra, seconded by Gonzales, that authority be granted for the above listed Fire Department personnel to attend the aforementioned course with an allowance of $350 each for registration. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated August 25, 1994, was presented, requesting authority and funds for Engineering Aide Tom Kennedy to attend the California Building Codes Institute Education Week 1994 in Costa Mesa on October 31, 1994, with an expense allowance of $128. It was moved by Davis, seconded by McCormick, that authority be granted for Tom Kennedy to attend the aforementioned seminar with an expense allowance of $128. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 29, 1994, was presented, requesting authority and funds for Officer Christian Moscoso to attend the Southern California Fraud Investigation Training Seminar in San Diego, October 5-7, 1994, with an expense allowance of $607.39. ,,, "'.{\ a '~,UV1" I I City Council Minutes page 8 september 20, 1994 It was moved 'by Ybarra, seconded by Gonzales, that authority be granted for Officer Christian Moscoso to attend the aforementioned seminar with an expense allowance of $607.39. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 29, 1994, was presented, requesting authority and funds for Officer Penny Turner to attend the Western states Auto Theft Investigation Training Seminar in Lake Tahoe, October 5-7, 1994, with an expense allowance of $512.88. It was moved by MCCormick, seconded by Davis, that authority be granted for Officer Penny Turner to attend the aforementioned seminar with an expense allowance of $512.88. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 30, 1994, was presented, requesting authority and funds to attend the California Association of Polygraph Examiners Seminar in San Diego, October 14-15, 1994, with an expense allowance of $387.60. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Chief Louis Rosenkrantz to attend the aforementioned seminar with an expense allowance of $387.60. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 30, 1994, was presented, requesting authority and funds for Sgt. James Wohlt to attend the California Association of Police Training Officers Training Seminar in Monterey, October 26-28, 1994, with an expense allowance of $723.70. It was moved by Davis, seconded by Gonzales, that authority be granted for Sgt. James Wohlt to attend the afore- mentioned seminar with an expense allowance of $723.70. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 31, 1994, was presented, requesting authority and funds for Officer Ben Busse to attend the California Sexual Assault Investigator Training Seminar in Long Beach, september 27-30, 1994, with an expense allowance of $369.00. It was moved by McCormick, seconded by Gonzales, that authority be granted for Officer Ben Busse to attend the afore- mentioned seminar with an expense allowance of $369. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 31, 1994, was presented, advising that Contract No. 519, Traffic Signal Modernization, Soto Street and Leonis Boulevard, has been completed. The total contract amount was $76,154 and a final partial payment of $47,977.02 is now due, with the remaining ten percent, $7,615.40, payable thirty-five days after acceptance. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the work be accepted and authority granted to pay the contractor, Steiny and Company, Inc., 2230 E. Orangethorpe Avenue, Fullerton, California 92631. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated August 31, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6508 - A Resolution of the City Council of the City of Vernon Accepting the Work of Steiny and Company, Inc., in Accordance with Contract No. 519 of the City of Vernon, was presented. 4999 I I City Council Minutes page 9 September 20, 1994 It was moved by McCormick, seconded by Gonzales, that Resolution No. 6508 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 6, 1994, was presented, requesting authority and funds for himself and Councilmen William Davis and Hilario Gonzales to attend the California Contract cities 14th Annual Fall Seminar in San Diego, October 28-30, 1994, with an expense allowance of $733 each. It was moved by Ybarra, seconded by Davis, that authority be granted for the above listed City officials to attend the aforementioned seminar with an expense allowance of $733 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 6, 1994, was presented, transmitting an In-Lieu Replenishment Agreement with the Water Replenishment District of Southern California covering the period July 1, 1994 through June 30, 1995. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated September 6, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6514 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an In-Lieu Replenishment Agreement (Central Basin and West Coast Basin: July 1, 1994-June 30, 1995) By and Between the City of Vernon and the Water Replenishment District of Southern California, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6514 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 14, 1994, was presented, transmitting the 1994 Annual Report of the Director of Community Services to the City Council on the Status of the City of Vernon General Plan for the Fiscal Year 1993-1994, and recommending that the report be received and approved and the following resolution be adopted. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated September 14, 1994 be received and filed, and that the Annual Report on the General Plan be received and approved. Motion carried. RESOLUTION NO. 6517 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Annual Report on the General Plan for Fiscal Year 1993-94, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6517 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 14, 1994, was presented, transmitting the Congestion Management Program (CMP) Land Use Analysis Program for the City of Vernon as approved by the Los Angeles county Metropolitan Transit Authority (MTA). Both City staff and the City Attorney's office have met with representatives of MTA, and the Land Use Analysis Program, as revised by our City Attorney's office, has met with MTA's approval. It is hereby recommended that the CMP Land Use Analysis Program be received and approved and the following resolutions be adopted. '4998 I I City Council Minutes page 10 September 20, 1994 It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated september 14, 1994 be received and filed, and that the CMP Land Use Analysis Program be received and approved. Motion carried. RESOLUTION NO. 6512 - A Resolution of the city Council of the City of Vernon Adopting the CMP Land Use Analysis Program for the City of Vernon in Order to Implement the Congestion Management Program of the County of Los Angeles, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6512 be approved and adopted. Motion carried. RESOLUTION NO. 6513 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6434 Which Found the City of Vernon to be in Conformance with the 1993 Congestion Management Program (CMP) and Which Adopted Vernon's CMP Local Implementation Report, in Accordance with California Government Code Section 65089, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6513 be approved and adopted. Motion carried. Communication from Fire Chief Dave Telford dated September 14, 1994, was presented, requesting authority and funds for Battalion Chief James F. Smith to attend the Motion Picture/Television Fire Safety Officer Seminar in Hollywood, October 5-7, 1994, with an expense allowance of $108.75. It was moved by Davis, seconded by Ybarra, that authority be granted for Battalion Chief James Smith to attend the aforementioned seminar with an expense allowance of $108.75. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 15, 1994, was presented, transmitting (1) a Letter Agreement by and between Atchison Topeka and Santa Fe Railroad Company and the City of Vernon, and (2) Program Supplement No. 005 to the Local Agency-State Agreement for Federal Aid Projects No. 07-5139 with the State of California Department of Transportation. These agreements pertain to the proposed installation of a cantilever protection device by the railroad at their 26th Street crossing located between Soto Street and Sierra Pine Avenue. The State will fund 90% of the construction costs and the railroad is willing to contribute the City'S remaining 10% share. The crossing protection will not have an adverse impact on traffic and will improve safety at the crossing. The agreements have been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that the two agreements be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated September 15, 1994, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6515 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Program Supplement No. 005 to Local Agency-State Agreement for Federal Aid Projects No. 07-5139, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6515 be approved and adopted. Motion carried. RESOLUTION NO. 6516 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon and the Atchison, Topeka and Santa Fe Railway Company, was presented. 1~97 I I City Council Minutes page 11 September 20, 1994 It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6516 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated September 15, 1994, was presented, advising that in accordance with Government Code section 87306.5, the Conflict of Interest Codes for the City of Vernon, the Redevelopment Agency and the Industrial Development Authority have been reviewed. There have been no changes in staffing and it has been determined that there is no need for any amendments to the Conflict of Interest Code for the City, the city of Vernon Redevelopment Agency or the City of Vernon Industrial Development Authority. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated September 15, 1994 be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 15, 1994, was presented, advising that both the Finance Committee and City Council previously approved an agreement with Aids Medical Enterprises, Inc. (AME) for ambulances services within the City; however, the agreement was executed without AME providing proof of insurance coverage. Upon further review it was noted that our agreement required insurance coverage that was above and beyond the standard for that industry. This has been reviewed by the Risk Manager and the City Attorney, and it has been determined that an amendment to the agreement is necessary to reflect the change in required insurance coverage. It is hereby recommended that Amendment No. 1 to the Agreement for Mobile Intensive Care Unit (MICU) Paramedic Ambulance Services and Use of Vehicle, Equipment and Facilities with AME be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated September 15, 1994, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6518 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Agreement for Mobile Intensive Care Unit (MICU) Paramedic Ambulance Services and Use of Vehicle, Equipment and Facilities By and Between the City of Vernon and Aids Medical Enterprises, Inc, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6518 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 15, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held September 19, 1994 for approval of the recommendations contained therein. The City Clerk advised the Council that the Closed Session matter on the Personnel Committee Agenda should be referred back to the next Personnel Committee Meeting, again during Closed Session. It was moved by Gonzales, seconded by Davis, to approve the recommendations contained in the Agenda for the Personnel Committee Meeting held September 19, 1994, and that the Closed Session Items 1 and 2 be referred back to the Personnel Committee for further review and discussion. Motion carried. WARRANT REGISTER NO. 898 covering claims and demands presented during the period of August 26 thru September 15, 1994, drawn on the First Interstate Bank totaling $488,140.39, which includes Demand Nos. 48327 thru 48571 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period September, 1994), was examined and audited: " " " . . .."" Wh City Council Minutes page 12 September 20, 1994 48345 48358 48386 48390 48391 48392 48393 48394 48458 48490 It was moved by McCormick, seconded by Davis, that Warrant Register No. 898 be approved and payment authorized for claims and demands totaling $488,140.39, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 898 covering claims and demands presented during the period of August 26 thru September 15, 1994, drawn on the First Interstate Bank totaling $1,094,249.51, which includes Light and Power Demand Nos. as listed below (accounting period September, 1994), was examined and audited: I 48331 48346 48360 48397 48421 48471 48513 48552 48332 48347 48368 48401 48428 48475 48514 48555 48335 48350 48369 48402 48436 48491 48529 48556 48337 48351 48370 48409 48437 48504 48538 48562 48342 48354 48374 48415 48441 48508 48545 48564 48344 48357 48381 48419 48459 48510 48550 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 898 be approved and payment authorized for claims and demands totaling $1,094,249.51. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. PAYROLL WARRANT REGISTER NO. 459 covering claims and demands presented during the period of July 10 thru August 6, 1994, drawn on the First Interstate Bank totaling $1,509,366.75 (accounting period August, 1994), was examined and audited. It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 459 be approved and payment authorized for claims and demands totaling $1,509,366.75. Motion carried. The Mayor called a recess at 5:56 p.m. The Council reconvened in regular session at 5:59 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Gonzales, that the Council go into Closed Session to confer on Items No.1, 2 and 3 listed below, the time being 6 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney and Chief Deputy City Clerk. I 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 Name of Cases: (a) Central Basin Municipal Water District v. city of Vernon, LASC No. BS 028717; (b) City 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 Long Beach et al., LASC No. BC 106713; 4995 I I City Council Minutes page 13 september 20, 1994 (d) (e) CPUC Docket No. A.91-03-039 (SoCaIGas); Vernon v. Robert Ismael Marroche, Case No. 93 C00048 (S.E. Municipal); ( f) City of Anaheim. et ale v. citv of Vernon, LASC Case No. RC 104302. 2. with respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54956.95. LIABILITY CLAIMS: Claimant: Walter Maxwell Agency claimed against: City of Vernon 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54957. PUBLIC EMPLOYEE APPOINTMENT Title: Associate Power Engineer The Mayor was excused from Closed Session at 6:17 p.m. and Mayor Pro Tem Ybarra assumed the chair. Mayor Malburg returned at 6:23 p.m. and continued to chair the meeting. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:24 p.m. Motion carried. It was moved by Ybarra, seconded by Mccormick, that the Liability Claim of Water Maxwell be denied. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Attorney be authorized to file a claim against Central Basin Municipal Water District on behalf of the city of Vernon for the District's actions in withholding water credits pursuant to the MWD Surplus Storage Water Program and for denying Vernon the right to participate in future MWD surplus Storage Water Programs. Motion carried. Mayor Malburg abstained from voting on his matter. There being no further business to come before the Council at this time, it was moved by Mccormick, seconded by Ybarra, that the meeting adjourn. Motion carried. c ~ - '/.~,~~) ~Ut..d-/C.."f:::J/:h::"i..~~r eonis C. Malburg,e Mayor ATTEST: Bruce V. Malkenhorst, City Clerk 4,9;94:;