19941004 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD OCTOBER 4,
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.
It was moved by Ybarra, seconded by Mccormick, that
the Minutes of the Adjourned City Council Meeting held August 25,
1994, be approved as submitted and adopted. Motion carried.
It was moved by Davis, seconded by Gonzales, that the
Minutes of the Adjourned City Council Meeting held August 30,
1994, be approved as submitted and adopted. Motion carried.
It was moved by Ybarra, seconded by Mccormick, that
the Minutes of the City Council Meeting held September 20, 1994,
be approved as submitted and adopted. Motion carried.
The Mayor awarded Service pins to the following
employees and extended congratulations on behalf of the entire
Council:
Jeffrey Graves, Firefighter - 5 years
David Shea, Fire Engineer - 5 years
The following employees were unable to attend the
meeting and their Service pins were accepted by their respective
department head:
Julio Valdez, System Operator - 15 years
Ray Arias, utilityman - 10 years
Gregory Bringhurst, Firefighter - 5 years
William Foltz, Jr., Fire Engineer - 5 years
Daniel Kimes, Fire Engineer - 5 years
Eric Purvis, Firefighter - 5 years
Dean Richens, Fire Engineer - 5 years
Michael Roche', Firefighter - 5 years
Francisco Tostado, Fire Engineer - 5 years
The Mayor called a recess at 5:08 p.m.
The Council reconvened in regular session at 5:09
p.m., all members present before the recess again being present.
Police Department Activity Log for the period
September 16 thru 30, 1994, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period September 16
thru 30, 1994, be received and filed. Motion carried.
Fire Department Activity Report for the period
September 16 thru 30, 1994, was presented.
It was moved by Ybarra, seconded by Davis, that the
Fire Department Activity Report for the period September 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.
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October 4, 1994
There was no one present in the audience who wished
to address the Council at this time.
RESOLUTION NO. 6525 - A Resolution of the City
Council of the City of Vernon Commending Lt. Les W. Brown for His
Many Years of Service to the City of Vernon, was read in its
entirety by the City Clerk.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 6525 be approved and adopted. Motion carried.
It was moved by Ybarra, seconded by Davis, to open
the PUBLIC HEARING to consider whether to engage in integrated
resource planning pursuant to 16 U.S.C. Section 2621 and to
consider the adoption of Resolution No. 6519, the time being 5:10
p.m. Motion carried.
David B. Brearley, city Attorney, addressed the City
Council and briefly summarized this matter for the City Council.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 29, 1994, was presented, transmitting the
following evidence and advising that the Federal Public Utility
Regulatory Policies Act of 1978 (PURPA) 16 U.S.C. section 2621
requires that certain owners of electric utility operations
(including the City of Vernon) must consider whether to engage in
Integrated Resource Planning (IRP):
1. Notice of Public Hearing;
2. Affidavit of posting;
3. Declaration of Publication of the Notice of
Public Hearing.
This matter has been reviewed by appropriate staff in the Light
and Power Department and the City Attorney's office, and it is
hereby recommended that the City of Vernon, as an independent
municipal electric utility, not employ integrated resource
planning, based on the information supplied by the Light and
Power Department.
The City of Vernon is a customer of the Western Area Power
Administration (WAPA) and WAPA is required to engage in formal
IRP procedures. WAPA has the statutory obligation to assist and
oversee its customers in their procedures. The City should
participate in the IRP process as defined by WAPA, and it is
hereby recommended that approval be granted to participate with
WAPA in the development of City of Vernon Integrated Resource
Planning in accordance with the Energy Policy Act of 1992.
The Mayor asked if anyone had any question concerning
this matter.
There were no questions.
It was moved by Ybarra, seconded by McCormick, to
close the Public Hearing pertaining to the consideration of
whether to engage in integrated resource planning pursuant to 16
U.S.C. Section 2621 and adoption of Resolution No. 6519, the time
being 5:12 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk dated September 29, 1994,
and all supporting documents submitted during the Public Hearing
be received and filed as evidence, and that his recommendation be
approved. Motion carried.
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October 4, 1994
RESOLUTION NO. 6519 - A Resolution of the City
Council of the City of Vernon Authorizing the Participation with
Western Area Power Administration in the Preparation of an
Integrated Resource Plan Pursuant to the Energy Policy Act of
1992 and Determining that it will Not Employ Integrated Resource
Planning Pursuant to 16 U.S.C. Section 2621, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 6519 be approved and adopted. Motion carried.
It was moved by Davis, seconded by McCormick, to open
the PUBLIC HEARING to consider a request from East Carbon
Development Corporation Environmental, L.C. (ECDC) for a
Conditional Use Permit to allow the applicant to operate a
freight terminal and to utilize the site to transfer non-
hazardous soils from trucks to railcars for out-of-state
shipment, the time being 5:13 p.m. Motion carried.
Kevin Wilson, Acting Director of Community Services,
addressed the City Council summarizing his communication dated
September 29th and the Engineer's Report dated September 27,
1994.
Communication from Kevin Wilson, Acting Director of
Community services, dated September 29, 1994, was presented,
advising that East Carbon Development corporation Environmental,
L.C. (ECDC) has applied for a Conditional Use Permit to operate a
freight terminal at 3535 Washington Boulevard, and transmitting
the following supporting documents:
1. Request for conditional use permit and
information supporting the application.
2. Engineer's Report.
3. Initial Study.
4. Notice of Public Hearing, Notice of Intent,
copies of notification letters to owners and
tenants in the area and affidavits of posting and
mailing.
5. Proposed Negative Declaration.
6. Proposed Mitigation Monitoring Plan.
It is the opinion of the Acting Director of Community Services
that the proposed operation will pose no adverse effects to the
City of Vernon and, with the required mitigating measures, will
have no significant effects on the environment.
The project is consistent with the General Plan as adopted by the
City of Vernon; therefore, it is recommended that the city
Council determine:
1. That the project is consistent with the General
Plan as adopted by the City of Vernon.
2. That the project will not have a significant
effect on the environment in this case because of
the following mitigating measures adopted.
3. That the project will not individually or
cumulatively have an adverse effect on wildlife
resources.
It is also recommended that a Notice of Determination and a De
Minimis Finding be filed with the County Clerk; that the
Mitigation Monitoring program be approved; and that a Negative
Declaration be adopted with the following mitigating measures:
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A. ECDC shall construct a work pad, surrounded by a
berm, under all portions of the site where the
unloading and stockpiling of the imported soil
will take place. The system work pad and the
berm shall have a double containment barrier with
a maximum permeability of 10-6 cm/sec, a water
collection system and a continuous leak
monitoring system. The final work pad and berm
design shall be approved by the City prior to
construction.
B. All truck exteriors shall be rinsed free of any
attached soil in a wash basin approved by the
Community Services Department prior to exiting
the work area.
C. The project shall comply with the latest version
of SCAQMD Rule 403 fugitive dust. In addition
the plan for dust control shall be submitted to
the city prior to operation.
D. All onsite roadways leading to and exiting the
off-loading area shall be paved with a hard
durable surface and shall be of adequate width
and thickness to handle the proposed site
traffic.
E. The site shall be graded, designed and maintained
so that no soil or sediment shall enter the City
street or the City storm drain system at any
time. A Stormwater Pollution and Prevention Plan
shall be submitted to the City for approval prior
to operation. If any soil is deposited in the
City street or storm drain it shall be immed-
iately removed by ECDC and proper precautions
taken to see that it does not recur.
F. Prior to any soil being imported to the site it
shall be tested and certified to be classified as
a non-hazardous material in accordance with state
and Federal regulations. Records showing lab
analysis of the soil, and location where each
truckload of soil was generated shall be kept on
site.
G. ECDC shall construct a barrier or guard post
system along the west side of the project site,
in order to protect the existing high pressure
gas main and electrical tower. The location and
type of barrier shall be approved by the City
prior to construction.
H. Where vehicular traffic will cross active rail
tracks on the site, ECDC shall either install
permanent automatic railroad crossing protection
devices or provide a full time flagman during
truck unloading hours.
I. All hazardous material incidents within the city
of Vernon shall be reported to the Vernon Fire
Department (911).
J. ECDC shall obtain a solid waste facility permit
from the California Integrated Waste Management
Board ("Board"), whenever the Board promulgates
permitting regulations for solid waste transfer
stations that handle non-traditional wastes such
as contaminated soil.
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October 4, 1994
K. Prior to operation, ECDC shall prepare and
maintain a detailed operations plan for this soil
transfer facility. The plan shall specifically
discuss: screening of incoming loads for
hazardous materials; leak monitoring system below
work pad; response to discerned leaks;
maintenance of load monitoring records; handling
of rejected loads; working hours; worker safety
program; dust control; backflow protection for
potable water supplies; and control of run-off
water. The operations plan must be approved by
the Community services and Health Departments of
the City of Vernon prior to operation of the
facility.
L. ECDC shall comply with South Coast Air Quality
Management District requirements at all times.
M. ECDC shall comply with Regional Water Quality
Control Board requirements.
N. ECDC shall comply with the hazardous materials
reporting requirements of city of Vernon
Ordinance No. 961, Hazardous Materials Monitoring
Program.
O. ECDC shall obtain and maintain a City of Vernon
health permit for a Waste Transfer station.
P. ECDC shall obtain and maintain all required state
and Regulatory Agency permits prior to occupancy.
This has been reviewed by the City Attorney, and it is hereby
recommended that the Conditional Use Permit be granted subject to
the above mitigating measures and the following conditions:
a) No business shall be conducted on City streets
including transferring of product or cueing of
vehicles. The operation of the facility shall be
conducted in a manner such that a vehicle can
enter the site at all times.
b) ECDC shall provide all soil haulers with the
attached map, marked Exhibit "A", showing the
preferred routes of travel for vehicles between
freeway exit and entrance points and the project
site. Any soil load on a vehicle entering or
exiting the site shall be covered.
c) The facility shall be operated in accordance
with, and made to conform with all current codes,
rules, regulations and subject to permit fees as
adopted by the City of Vernon. Prior to
occupancy a City of Vernon business license and
occupancy permit shall be obtained. All trucking
operations, including truck and trailer parking,
shall be limited to the lot located at 3535
Washington Boulevard. ECDC shall obtain proper
building permits prior to any construction,
demolition or removal of equipment.
d) A log, in a form approved by the City of Vernon,
of soils received at the facility and their
weight shall be kept and made available to the
City of Vernon or its independent accountant at
all times.
e) The number of employee parking spaces required
per Vernon City Code shall be provided and
maintained.
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October 4, 1994
f) All parking and loading facilities shall be paved
with a hard durable surface material and shall be
adequately drained, and kept free of dust, mud,
trash and weeds.
g) Where parking or maneuvering areas adjoin a
pUblic street or streets, a masonry wall not less
than 30 inches in height or landscaped area a
minimum of 4 feet in width, measured from the
property line, shall be established along such
frontage, except at driveways, walkways and where
other openings are necessary.
h) Guard posts shall be constructed at the ends of
all driveways.
i) ECDC shall not perform vehicle maintenance
operations onsite unless specifically authorized
by the City of Vernon Community Services and
Health Departments.
j) ECDC shall operate the facility in a manner that
avoids the creation of nuisances.
k) A guard rail or wall shall be constructed at the
top of the slope adjacent to Washington
Boulevard.
1) ECDC shall perform the mitigating measures set
forth.
m) This conditional use permit and its conditions,
and the mitigating measures shall be accepted by
ECDC and any assignees or successors, by a
written instrument, executed and acknowledged,
filed with the Vernon City Clerk within thirty
(30) days of its approval, stating that the
recitals and conditions are correct. If said
acceptance is not so filed, this permit shall be
null and void and of no effect.
The Mayor asked if the City Councilor anyone in the
audience had any questions or comments concerning this matter.
There was no one present who had any questions or
comments.
It was moved by McCormick, seconded by Davis, to
close the Public Hearing pertaining to the request for a
Conditional Use Permit from East Carbon Development Corporation
Environmental, L.C., the time being 5:20 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the Acting Director of Community services
dated September 29, 1994 and all supporting documents submitted
during the Public Hearing be received and filed as evidence.
Motion carried.
It was moved by Gonzales, seconded by Davis, that the
Council hereby determines that the project is consistent with the
General Plan as adopted by the City of Vernon. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the Council hereby determines that the project will not have a
significant effect on the environment in this case because of the
adoption of the aforementioned Mitigating Measures Nos. "A" thru
"P". Motion carried.
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October 4, 1994
It was moved by Gonzales, seconded by Mccormick, that
the Council hereby determines that the project will not
individually or cumulatively have an adverse effect on wildlife
resources. Motion carried.
It was moved by Ybarra, seconded by Davis, that (1)
a Notice of Determination and a De Minimus Finding be filed with
the County Clerk; (2) the Mitigation Monitoring Program be
approved; and (3) a Negative Declaration be adopted with the
aforementioned Mitigating Measures, "A" thru "P". Motion
carried.
It was moved by Gonzales, seconded by Davis, that the
Conditional Use Permit be granted to East Carbon Development
Corporation Environmental, L.C., subject to their adherence to
the aforementioned Mitigating Measures "A" thru "P" and also the
aforementioned Conditions "a" thru "m". Motion carried.
RESOLUTION NO. 6526 - A Resolution of the city
Council of the City of Vernon Granting a Conditional Use Permit
to East Carbon Development Corporation Environmental, L.C. for
the Operation of a Freight Terminal at 3535 Washington Blvd, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 6526 be approved and adopted. Motion carried.
It was moved by Ybarra, seconded by Davis, to open
the PUBLIC HEARING to consider a request for a Variance from
Louis Cutting Service for a Variance to allow the tenant to
utilize twelve non-conforming truck loading spaces at 4520
Everett Avenue, the time being 5:22 p.m. Motion carried.
Kevin Wilson, Acting Director of Community Services,
addressed the City Council and briefly summarized this matter.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 29, 1994, was presented, advising that Louis
Cutting Services has submitted an application for a Variance from
the Comprehensive Zoning Ordinance, section 26.4.2-8, Development
Standards, for the property located at 4520 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 twelve non-conforming truck loading spaces that
are 10 feet wide and 49.6 feet long. The company is proposing to
use only vehicles of a smaller length at the non-conforming truck
loading spaces. This has been reviewed by the Acting Director of
Community Services, and it is hereby recommended that the
Variance be granted contingent upon 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 there were any questions from the
Councilor if anyone in the audience had any questions.
There were no questions.
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It was moved by Davis, seconded by Gonzales, to close
the Public Hearing pertaining to the Variance request from Louis
Cutting Service, the time being 5:24 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the communication from the City Clerk dated September 29, 1994
and all supporting documents submitted during the Public Hearing
be received and filed as evidence, and that the Variance be
granted to Louis Cutting Service contingent upon their adherence
to the aforementioned Conditions "a" and "b". Motion carried.
RESOLUTION NO. 6524 - A Resolution of the city
Council of the City of Vernon Granting a Variance to Louis
Cutting Service, From section 26.4.2-8, Development Standards, of
the Comprehensive Zoning Ordinance, for the Property Located at
4520 Everett Avenue in the City of Vernon, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 6524 be approved and adopted. Motion carried.
It was moved by McCormick, seconded by Ybarra, to
open the PUBLIC HEARING to consider a request for a Variance from
Epko Industries to allow the tenant to utilize eight non-
conforming truck loading spaces at 2080 25th Street, the time
being 5:27 p.m.
Kevin Wilson, Acting Director of Community Services,
addressed the City Council and briefly summarized this matter.
Communication from Bruce V. Malkenhorst, city Clerk,
dated September 29, 1994, was presented, advising that Epko
Industries has submitted an application for a Variance from the
Comprehensive Zoning Ordinance, section 26.4.2-8, Development
Standards, for the property located at 2080 25th 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 eight non-conforming truck loading spaces that
are 9 feet wide and 57.5 feet long. The company is proposing to
use only vehicles of a smaller length at the non-conforming truck
loading spaces. This has been reviewed by the Acting Director of
Community Services, and it is hereby recommended that the
Variance be granted contingent upon 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 there were any questions from the
Councilor if anyone in the audience had any questions or
comments.
There were no questions or comments.
It was moved by Ybarra, seconded by Davis, to close
the Public Hearing pertaining to the Variance request from Epko
Industries, the time being 5:29 p.m. Motion carried.
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October 4, 1994
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated September 29, 1994 and
all supporting documents submitted during the Public Hearing be
received and filed as evidence, and that the Variance be granted
to Epko Industries contingent upon their adherence to the
aforementioned Conditions "a" and "b". Motion carried.
RESOLUTION NO. 6523 - A Resolution of the city
Council of the City of Vernon Granting a Variance to Epko
Industries, From section 26.4.2-8, Development Standards, of the
Comprehensive Zoning Ordinance, for the Property Located at 2080
25th Street in the City of Vernon, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6523 be approved and adopted. Motion carried.
It was moved by Ybarra, seconded by Davis, to open
the PUBLIC HEARING to consider a request for a Variance from
Tremco Roofing for a Variance to allow the tenant to utilize two
non-conforming truck loading spaces at 3060 44th Street, the time
being 5:30 p.m. Motion carried.
Kevin Wilson, Acting Director of Community Services,
addressed the City Council and briefly summarized this matter.
Communication from Bruce V. Malkenhorst, city Clerk,
dated September 29, 1994, was presented, advising that Tremco
Roofing has submitted an application for a Variance from the
Comprehensive Zoning Ordinance, Section 26.4.2-7, Minimum Truck
Parking and Loading Facility Requirements, and 26.4.2-8,
Development Standards, for the building located at 3060 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 building has two non-conforming truck loading spaces that are
10 feet wide and 32 feet long. The company is propos1ng 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 contingent upon 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 anyone on the Councilor anyone in
the audience had any questions.
There were no questions.
It was moved by Davis, seconded by McCormick, to
close the Public Hearing pertaining to the Variance request from
Tremco Roofing, the time being 5:31 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk dated September 29, 1994
and all supporting documents submitted during the Public Hearing
be received and filed as evidence, and that the Variance be
granted to Tremco Roofing contingent upon their adherence to the
aforementioned Conditions "a" and "b". Motion carried.
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RESOLUTION NO. 6521 - A Resolution of the City
Council of the City of Vernon Granting a Variance to Tremco
Roofing, from sections 26.4.2-7 and 26.4.2-8 of the Comprehensive
Zoning Ordinance, for the Property Located at 3060 44th Street in
the City of Vernon, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6521 be approved and adopted. Motion carried.
It was moved by McCormick, seconded by Davis, to open
the PUBLIC HEARING to consider a request from Baskets Unlimited
for a Variance to allow the tenant to utilize two non-conforming
truck loading spaces at 2485 Vernon Avenue, the time being 5:32
p.m. Motion carried.
Kevin wilson, Acting Director of community Services,
addressed the City Council and briefly summarized this matter.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 29, 1994, was presented, advising that Baskets
Unlimited has submitted an application for a Variance from the
Comprehensive Zoning Ordinance, Section 26.4.2-8, Development
Standards, for the property located at 2485 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 three conforming truck loading spaces and two
non-conforming truck loading spaces that are 8 feet wide and 32.7
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 contingent upon
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 anyone on the Councilor in the
audience had any questions concerning this matter.
There were no questions.
It was moved by McCormick, seconded by Gonzales, to
close the Public Hearing pertaining to the Variance request from
Baskets Unlimited, the time being 5:33 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated September 29, 1994 and
all supporting documents submitted during the Public Hearing be
received and filed as evidence, and that the Variance be granted
to Baskets Unlimited contingent upon their adherence to the
aforementioned Conditions "a" and "b". Motion carried.
RESOLUTION NO. 6520 - A Resolution of the City
Council of the City of Vernon Granting a Variance to Baskets
Unlimited, From Section 26.4.2-8, Development Standards, of the
Comprehensive Zoning Ordinance, for the property Located at 2485
Vernon Avenue in the City of Vernon, was presented.
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It was moved by Ybarra, seconded by McCormick, that
Resolution No. 6520 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Acting Director of
Community Services, dated August 25, 1994, was presented,
requesting authority and funds for Senior Building Inspector
Richard Lucas to attend the California Building Code Institute
Education Week in Costa Mesa, November 1, 2, and 3, 1994, with an
expense allowance of $388.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Richard Lucas to attend the afore-
mentioned seminar in Costa Mesa with an expense allowance of
$388. Motion carried.
Communication from Kevin Wilson, Acting Director of
Community Services, dated August 25, 1994, was presented,
requesting authority and funds for Engineering Aide Wenceslao
Reynoso to attend the California Building Code Institute
Education Week in Costa Mesa November 1 and 3, 1994, with an
expense allowance of $278.
It was moved by Gonzales, seconded by McCormick, that
authority be granted for Wenceslao Reynoso to attend the afore-
mentioned seminar with an expense allowance of $278. Motion
carried.
Communication from Kevin Wilson, Acting Director of
Community Services, dated September 1, 1994, was presented,
requesting authority and funds for Engineering Associate George
Burgess to attend the California Building Codes Institute
Education Week in Costa Mesa on November 4, 1994, with an expense
allowance of $83.
It was moved by Ybarra, seconded by Davis, that
authority be granted for George Burgess to attend the afore-
mentioned seminar with an expense allowance of $83. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 19, 1994, was presented, requesting authority and
funds for Joan Francone, Risk Manager/Personnel Assistant, to
attend the Fourth Annual PERS Retirement Training Seminar in
Costa Mesa on October 13, 1994, with an expense allowance of
$135.
It was moved by Davis, seconded by Ybarra, that
authority be granted for Joan Francone to attend the
aforementioned conference with an expense allowance of $135.
Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated September 20, 1994, was presented,
requesting authority and funds for Environmental Specialist
Leonard Grossberg to attend the Department of Energy Radioactive
Materials Transportation Seminar in San Diego on October 27,
1994, with an expense allowance of $197.92.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Leonard Grossberg to attend the afore-
mentioned seminar with an expense allowance of $197.92. Motion
carried.
Communication from Kenneth DeDario, Director of Light
and Power, dated September 21, 1994, was presented, requesting
authority and funds for Edward LeBlanc, ElectricaL Engineering
Manager, to attend the General Order 95/128 Committee Fall
Meeting in Reno, Nevada, October 25-27, 1994, with an expense
allowance of $330.
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It was moved by Ybarra, seconded by Davis, that
authority be granted for Edward LeBlanc to attend the afore-
mentioned meeting with an expense allowance of $330. Motion
carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated September 22, 1994, was presented,
requesting authority and funds for Environmental specialist
Timothy Blank to attend the California Environmental Health
Association 1994 Southern Update in Cerritos, October 13-14,
1994, with an expense allowance of $130.
It was moved by Gonzales, seconded by Mccormick, that
authority be granted for Timothy Blank to attend the afore-
mentioned conference with an expense allowance of $130. Motion
carried.
Communication from Kenneth DeDario, Director of
Light and Power, dated September 22, 1994, was presented,
requesting authority and funds for Edwin Hornquist, Assistant
Power Engineer, to attend the California Municipal utilities
Association Committee on Energy Efficiency in Alameda on October
13, 1994, with an expense allowance of $196.
It was moved by Davis, seconded by Ybarra, that
authority be granted for Edwin Hornquist to attend the afore-
mentioned meeting with an expense allowance of $196. Motion
carried.
Communication from Kenneth DeDario, Director of Light
and Power, was presented, requesting authority and funds to
attend the Fuel Cell Commercialization Group and Demonstration
Project Meeting in Santa Clara, October 18-19, 1994, with an
expense allowance of $320.
It was moved by Ybarra, seconded by Mccormick, that
authority be granted for Kenneth DeDario to attend the afore-
mentioned meeting with an expense allowance of $320. Motion
carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated September 26, 1994, was presented,
requesting authority and funds for Environmental Specialist
Timothy Blank to attend the Food Industry Sanitation and Food
Safety Workshop in Anaheim on November 3, 1994, with an expense
allowance of $131.50.
It was moved by Gonzales, seconded by Davis, that
authority be granted for Timothy Blank to attend the afore-
mentioned workshop with an expense allowance of $131.50. Motion
carried.
Communication from Police Chief Louis Rosenkrantz,
dated September 26, 1994, was presented, requesting authority and
funds for Lt. Bruce Olson to attend the International Association
of Bomb Technician Investigators Training Seminar in San
Francisco, November 9-11, 1994, with an expense allowance of
$690.
It was moved by Ybarra, seconded by Mccormick, that
authority be granted for Lt. Bruce Olson to attend the afore-
mentioned seminar with an expense allowance of $690. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated September 29, 1994, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held October
3, 1994 for approval of the recommendations contained therein.
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City Council Minutes
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October 4, 1994
It was moved by Gonzales, seconded by Davis, to defer
the aforementioned matter until after Closed Session later this
date. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated September 29, 1994, was presented, transmitting
the Minutes of the Adjourned Regular Finance Committee Meeting
held September 22, 1994, for approval of the recommendations
contained therein.
It was moved by Davis, seconded by Mccormick, that
Minutes of the Adjourned Regular Finance Committee Meeting held
September 22, 1994 be approved. Motion carried.
WARRANT REGISTER NO. 899 covering claims and demands
presented during the period of September 16 thru 29, 1994, drawn
on the First Interstate Bank totaling $530,605.02, which includes
Demand Nos. 48572 thru 48771 (inClusive), excluding Light and
Power Demands and Void Demand Nos. 48618 thru 48620 (inclusive)
(accounting period October, 1994) was examined and audited.
It was moved by Davis, seconded by Mccormick, that
Warrant Register No. 899 be approved and paYment authorized for
claims and demands totaling $530,605.02, excluding Light and
Power Demands. Motion carried.
WARRANT REGISTER NO. 899 covering claims and demands
presented during the period of September 16 thru 29, 1994, drawn
on the First Interstate Bank totaling $2,533,711.91, which
includes Light and Power Demand Nos. as listed below (accounting
period October, 1994) was examined and audited:
48575
48579
48580
48581
48582
48583
48715
48716
48731
48732
48738
48739
48740
48742
48750
48751
48752
48754
48761
48762
48763
48768
48585
48596
48603
48610
48611
48613
48615
48624
48629
48631
48632
48636
48640
48642
48660
48671
48672
48676
48678
48679
48688
48690
48692
48710
It was moved by McCormick, seconded by Ybarra, that
Warrant Register No. 899 be approved and paYment authorized for
claims and demands totaling $2,533,711.91. Councilman Davis
abstained from voting and disqualified himself because it is
reasonably foreseeable that the decision may have a material
financial effect on his source of income.
The Mayor called a recess at 5:55 p.m.
The Council reconvened in regular session at 5:58
p.m., all members present before the recess again being present.
Consideration of a settlement of the case entitled
citv of Vernon. et ale v. Board of Harbor Commissioners. etc. et
al., LASC No. BC 106713.
There was no action taken on the above matter at this
time.
It was moved by Mccormick, seconded by gonzales,
that the Council go into Closed Session to confer on Items No. 2
and 3 listed below, the time being 5:59 p.m. Motion carried.
All persons were excluded from the Closed Session
with the exception of the City Clerk, city Attorney, Acting
Director of Community Services, Chief of Police and Chief Deputy
City Clerk.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
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October 4, 1994
2. 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
3. with respect to every item of business to be
discussed in Closed Session pursuant to Government Code section
54957.
EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
The Acting Director of community Services was excused
at 6:01 p.m.
The Police Chief was excused at 6:05 p.m.
It was moved by McCormick, seconded by Ybarra, that
the Council go out of Closed Session and resume regular session,
the time being 6:06 p.m. Motion carried.
It was moved by McCormick, seconded by Davis, that
the Council go into Closed Session to confer with legal counsel
on Item No. 1 listed below, the time being 6:06 p.m. Motion
carried.
All persons were excluded from Closed Session with
the exception of the City Clerk, City Attorney, and Chief Deputy
City Clerk.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
The Mayor was excused from the meeting at 6:15 p.m.
and Mayor Pro Tem Ybarra assumed the Chair.
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) citv of Vernon. et ale v. Board of Harbor
Commissioners of the city of Lonq Beach
et al., LASC No. BC 106713;
(d) CPUC Docket No. A.91-03-039 (SoCaIGas);
(e) Vernon v. Robert Ismael Marroche, Case No.
93 C00048 (S.E. Municipal);
It was moved by McCormic]c, seconded by Gonzales, that
the Council go out of Closed Session and resume regular session,
the time being 6:16 p.m. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated September 29, 1994, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held October
3, 1994 for approval of the recommendations contained therein.
(Deferred from earlier in the meeting.)
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City council Minutes
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October 4, 1994
It was moved by McCormick, seconded by Gonzales, that
the recommendations listed on the Agenda for the Personnel
Committee Meeting held October 3, 1994, be approved. Motion
carried.
It was moved by McCormick, seconded by Gonzales, to
approve discipline for the Civil Engineer based on the findings
of the Accident Investigation Committee and the recommendation of
the Acting Director of Community services and the City Clerk.
Motion carried.
It was moved by Davis, seconded by McCormick, to
approve discipline for the utilitYman as discussed in Closed
Session based on the findings of the Accident Investigation
Committee. Motion carried.
It was moved Gonzales, seconded by Davis, to approve
discipline for the Police Officer as recommended by the Chief of
Police and the City Clerk. Motion carried.
Consideration of a settlement of the case entitled
City of Vernon. et ale v. Board of Harbor Commissioners. etc. et
al., LASC No. BC 106713. (Deferred from earlier in the meeting.)
It was moved by Gonzales, seconded by Davis, that the
Council approve the settlement, described in the letter dated
September 21, 1994 to David B. Brearley, City Attorney of the
City of Vernon, of the lawsuit entitled city of Vernon. et ale v.
Board of Harbor Commissioners. etc. et al.. LASC No. BC 106713,
on behalf of the City and the Association for the Mitigation of
Transportation Impacts of Port Expansion, and hereby authorizes
the filing of a dismissal with prejudice. 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, the time being 6:20 p.m.
Motion carried.
~' ~
c~~rLl~~~ t
'Leonis C. Mal ~rg
Mayor
ATTEST: ~ / ~
~.//r~
Bruce V. Malkenhorst
City Clerk
5 00/1