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19941101 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 1, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Davis, Gonzales MEMBERS ABSENT: Davis The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Gonzales, that the Minutes of the City Council Meeting held October 18, 1994, be approved as submitted and adopted. Motion carried. It was moved by Davis, seconded by McCormick, that the Minutes of the Adjourned city Council Meeting held October 26, 1994, be approved as submitted and adopted. Motion carried. Police Department Activity Log for the period October 16 thru 31, 1994, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period October 16 thru 31, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period October 16 thru 31, 1994, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period October 16 thru 31, 1994, be received and filed. Motion carried. 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 Hearing that may be listed. David B. Brearley, City Attorney, addressed the Council and submitted a letter dated November 1, 1994, concerning the city of Vernon v. Robert Ismael Marroche. He advised that information about this case was received at the City Attorney's office after the posting of this agenda; however, pursuant to Government Code Section 54954.2 (b) (2), the Council may discuss this item if they determine by two-thirds vote that there is a need for immediate action, and he is recommending that Council vote to place the matter on the agenda for consideration at Closed Session this date. It was moved by Davis, seconded by Gonzales, to add the aforementioned matter to today's Agenda for consideration in Closed Session. Motion carried. The Mayor stated that there was no one in the audience who wished to address the Council at this time. PUBLIC HEARING to consider a request from Champion International Corporation for a Variance to allow the tenant to utilize fifteen non-conforming truck loading spaces at property located at 3100 44th Street. (CONTINUED FROM THE CITY COUNCIL MEETING HELD OCTOBER 18, 1994.) 5052 I I City Council Minutes page 2 November 1, 1994 Communication from Bruce V. Malkenhorst, City Clerk, dated October 27, 1994, was presented, advising that staff has been meeting with representatives of Champion International to discuss possible alternative solutions; however, further discussions are necessary, and it is hereby recommended that this Public Hearing be continued to the City Council Meeting to be held November 15, 1994. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated October 27, 1994 be received and filed, and that the Public Hearing pertaining to a Variance request from Champion International Corporation be continued to the City council Meeting to be held November 15, 1994. Motion carried. It was moved by Gonzales, seconded by Davis, to open the PUBLIC HEARING to consider whether to implement the standard provided for in 16 U.S.C. section 2621(d) (9), which establishes standards on Enerqv Efficiency Investments in Power Generation and Supplv, and to consider the adoption of Resolution No. 6532, the time being 5:15 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 27, 1994, was presented, submitting testimony prepared by Baker G. Clay, pertaining to the consideration of implementing the standard provided for in U.S.C. section 2621(d) (9) which establishes standards on Energy Efficiency Investments in Power Generation and Supply. This has been reviewed by the Director of Light and Power and the city Attorney, and based on Mr. Clay's testimony, it is hereby recommended that the City not implement subsection (d) (9) of U.S.C. Section 2621. The Mayor asked if anyone had any questions or comments. David B. Brearley, City Attorney, addressed the City Council briefly on this matter. questions. The Mayor asked if anyone in the audience had any There were no questions. It was moved by Davis, seconded by Ybarra, to close the Public Hearing pertaining to the consideration of implementing the standard provided for in U.S.C. section 2621(d) (9) which establishes standards on Energy Efficiency Investments in Power Generation and supply, the time being 5:17 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated October 27, 1994, and the supporting testimony of Baker G. Clay be received and filed as evidence, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6532 - A Resolution of the City Council of the City of Vernon Determining Pursuant to the Energy Policy Act of 1992 that Vernon Will Not Implement Subsection (d) (9) of 16 U.S.C. Section 2621, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6532 be approved and adopted. Motion carried. 5051 I I City Council Minutes page 3 November 1, 1994 It was moved by Ybarra, seconded by Davis, to open the PUB~C HEARING to consider a request from the McKey Family Trust for a Variance to allow the tenant to utilize one non- conforming truck loading space at property located at 4930 Hampton street, the time being 5:18 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, dated October 27, 1994, was presented, advising that McKey Family Trust has submitted an application requesting a variance from the Comprehensive Zoning Ordinance, section 26.4.2-7 Minimum Truck Parking and Loading Facility Requirements and section 26.4.2-8, Development Standards, for the building located at 4930 Hampton 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 one non-conforming truck loading space measuring 10 feet wide and 55 feet long, and the company is proposing to use only vehicles of a smaller length at this space. This has been reviewed by the Acting Director of Community services and it is hereby recommended that the Variance be granted subject to the following Conditions: a. The usage 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. b. The owner shall dedicate to the City of Vernon the street right-of-way to 25 feet east of the centerline, which is the portion of property on Hampton Street currently used as sidewalk. c. When the street right-of-way is scheduled to be widened to comply with the Master Plan of Streets dated June 16, 1992, the owner shall dedicate the necessary street right-of-way to the City of Vernon at no cost to the city. d. 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 in the audience had any questions or comments. There were no questions or comments. It was moved by Davis, seconded Gonzales, to close the Public Hearing pertaining to the Variance request from the McKey Family Trust, the time being 5:20 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated October 27, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to the McKey Family Trust contingent upon their adherence to the aforementioned Conditions "a" thru "d". Motion carried. 5050 I I City Council Minutes page 4 November 1, 1994 RESOLUTION 6538 - A Resolution of the City Council of the City of Vernon Granting a Variance to McKey Family Trust, From Sections 26.4.2-7 and 26.4.2-8, of the Comprehensive Zoning ordinance, for the Property Located at 4930 Hampton Street in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6538 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Produce Management Service for a Variance to allow the tenant to utilize two non- conforming truck loading spaces at property located at 4255 District Boulevard, the time being 5:21 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 October 27, 1994, was presented, advising that Produce Management Service has submitted an application requesting a Variance from the Comprehensive Zoning Ordinance, section 26.4.2- 8, Development Standards, for the building located at 4255 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 four conforming truck loading spaces and two non-conforming truck loading spaces that are 10 feet wide and 39.8 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 with the following Condition: a. The usage of the non-conforming truck loading spaces shall be limited so that any truck that is parked at the loading docks does 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. There were no questions. It was moved by Davis, seconded by Ybarra, to close the Public Hearing pertaining to the Variance request from Produce Management Service, the time being 5:24 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated October 27, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Produce Management Service contingent upon their adherence to the aforementioned Condition "a". Motion carried. RESOLUTION NO. 6537 - A Resolution of the City Council of the City of Vernon Granting a Variance to Produce Management Service, From section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4255 District Boulevard in the City of Vernon, was presented. '.&O~~~9 I I City Council Minutes page 5 November 1, 1994 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6537 be approved and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from David Sugarman and Nathan Sugarman for a Variance to allow the tenant to utilize two non-conforming truck loading spaces at property located at 4950 49th Street, the time being 5:24 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 October 27, 1994, was presented, advising that David Sugarman and Nathan Sugarman have submitted an application requesting a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4950 49th Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has one conforming truck loading space and two non- conforming truck loading spaces that are 10 feet wide and 31 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 with the following Conditions: a. The usage of the non-conforming truck loading spaces shall be limited so that any truck that is parked at the loading docks does 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. There were no questions. It was moved by Davis, seconded by Ybarra, to close the Public Hearing pertaining to the request for a Variance from David Sugarman and Nathan Sugarman, the time being 5:26 p.m. Motion carried. It was moved by Gonzales, seconded by McCormiCk, that the communication from the City Clerk dated October 27, 1994 and all supporting documents be received and filed, and that the Variance be granted to David Sugarman and Nathan Sugarman contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6536 - A Resolution of the City Council of the City of Vernon Granting a Variance to David Sugarman and Nathan Sugarman, from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4950 49th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6536 be approved and adopted. Motion carried. i048 I I City Council Minutes page 6 November 1, 1994 Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized the following matter, and also referred to his letter dated November 1, 1994 concerning changes to the "conditions" previously set forth on his letter of October 26th. Communication from Kevin Wilson, Acting Director of Community Services, dated October 26, 1994, was presented, advising that Pan Metal corporation has submitted vesting Tentative Parcel Map No. 24104 for investigation and report in accordance with the Subdivision Map Act, and transmitting the following evidence: 1. Print of Vesting Tentative Parcel Map No. 24104; 2. Engineer's Report; 3. Notice of Intent to adopt a Negative Declaration and affidavits of posting and mailing; 4. Excerpts from the Subdivision Map Act; 5. Environmental Information Form It is the opinion of the Acting Director of Community Services that the adoption of the Vesting Tentative Parcel Map will pose no adverse effects on the City of Vernon or any other surrounding areas. The project is consistent with the General Plan as adopted by the City of Vernon and will not have a significant effect on the environment and no mitigating measures are required; therefore, it is herebY recommended that the city Council determine that: 1. The project is consistent with the General Plan as adopted by the City of Vernon. 2. The project will not have a significant effect on the environment and, therefore, that a Negative Declaration be adopted. 3. The project will not individually or cumulatively have an adverse effect on wildlife resources and that a De Minimis Finding be filed with the County Clerk. This has been reviewed by the City Attorney, and it is also recommended that vestinq Tentative Parcel Map No. 24104 be aDDroved with the followinq Conditions: 1. Pan Metal shall dedicate by separate deed all property necessary to bring their portion of 48th, 49th and Alameda Streets into compliance with the Master Plan of city Streets. The southeast corner radius at the intersection of 48th and Alameda Streets shall be 42 feet. The northeast corner radius of 49th and Alameda Streets shall be 50 feet. 2. Pan Metal shall construct all frontage improve- ments as shown on City of Vernon Plans P2263 and P2265. 3. All existing buildings on the subject site shall either be demolished or brought into conformance with all City Codes. Any portion of an existing building that projects into the public right-of- way as shown on the Master Plan of City Streets dated June 16, 1992 shall be removed. 5041~ I I City Council Minutes page 7 November 1, 1994 Communication from Kevin Wilson, Acting Director of Community Services, dated November 1, 1994, was submitted, advising that after additional review of the Vesting Tentative Parcel Map No. 24104, it is recommended that the aforementioned Condition No. 3 be changed and that a new Condition No. 4 be added (both to read as listed below): 3. The metal production building spanning Lots 3, 4 and 5, and a portion of Lot 2 shall be demolished. 4. Pan Metal shall obtain a closure of the Vernon Health Department's Hazardous Materials Permit. Pan Metal shall submit documentation and obtain concurrence from the Health Department that no significant hazardous material residues remain on site. The Mayor asked if anyone had any questions or comments on this matter. David B. Brearley, City Attorney, asked how many parcels were being created by this Tentative Parcel Map. Mr. Wilson answered, five parcels. Mr. Brearley asked how many acres this included. Mr. Wilson said he believed fourteen. The Mayor asked if there were any other questions. There were no further questions. It was moved by Ybarra, seconded by Gonzales, that the communications from the Acting Director of Community Services dated October 26 and November 1, 1994 and all supporting documents 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 McCormick, seconded by Ybarra, that the Council hereby determines that the project will not have a significant effect on the environment and, therefore, that a Negative Declaration be adopted. Motion carried. It was moved by Ybarra, seconded by Davis, that the Council hereby determines that the project will not individually or cumulatively have an adverse effect on wildlife resources and that a De Minimis Finding be filed with the County Clerk. Motion carried. It was moved by Ybarra, seconded by Gonzales, that Vesting Tentative Parcel Map No. 24104 be approved contingent upon the adherence by Pan Metal Corporation to the aforementioned Conditions 1 thru 4. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated October 17, 1994, was presented, requesting authority and funds for Police Officer Chris Moscosco to attend the Questioned Document Course in San Jose, November 7-11, 1994, with an expense allowance of $1091.22 of which $1,009.72 will be reimbursed by POST. ;, }:;>. 5"' I I City Council Minutes page 8 November 1, 1994 It was moved by Ybarra, seconded by authority be granted for Officer Chris Moscosco aforementioned course with an expense allowance Motion carried. Davis, that to attend the of $1091. 22. Communication from Bruce V. Malkenhorst, City Clerk, dated October 18, 1994, was presented, requesting authority and funds for Sharon Duckworth, Deputy City Treasurer, to attend the League of California Cities Financial Management Seminar in San Diego, December 1-2, 1994, with an expense allowance of $391.03 It was moved by Gonzales, seconded by McCormick, that authority be granted for Sharon Duckworth to attend the afore- mentioned seminar with an expense allowance of $391.03. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated October 18, 1994, was presented, requesting authority and funds for Jerry Schreiber, Senior Electrical Inspector, to attend the International Conference of Building Officials Electrical Inspection IV Course in Whittier, November 14-15, 1994, with an expense allowance of $221. It was moved by Ybarra, seconded by Davis, that authority be granted for Jerry Schreiber to attend the afore- mentioned course with an expense allowance of $221. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated October 18, 1994, was presented, requesting authority and funds for himself and Engineering Associate Mary Frances Rutz to attend the below listed UCLA Extension Seminars in Los Angeles on the dates listed with a total allowance of $380 which is the registration fee for both seminars: Mrs. Rutz - "Introduction to the California Environmental Quality Act: A Step-by-Step Approach" to be held November 3, 1994. Mr. Wilson - "Planning and Zoning Law and Practice: Putting It All Together" to be held November 18, 1994. It was moved by Gonzales, seconded by Ybarra, that authority be granted for Kevin Wilson and Mary Frances Rutz to attend the aforementioned seminars with an allowance of $380 for the registration fee for both seminars. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated October 19, 1994, was presented, requesting authority and funds for Police Officers Randy Phillips and David Cheng to attend the California Narcotics Officers' Training Seminar in San Diego, November 19-22, 1994, with an expense allowance of $602.25 each. It was moved by McCormick, seconded by Davis, that authority be granted for Officers Randy Phillips and David Cheng to attend the aforementioned seminar with an expense allowance of $602.25 each. Motion carried. Communication from Fire Chief Dave Telford, dated October 26, 1994, was presented, requesting authority and funds for Fire Captain Michael Wilson to attend the Confined Space Safety Conference in Pomona on November 15, 1994, with an allowance of $60 for the registration fee. 5045 , ,.... .....,' I I City Council Minutes page 9 November 1, 1994 It was moved by Ybarra, seconded by Davis, that authority be granted for Fire Captain Michael Wilson to attend the aforementioned conference with an allowance of $60 for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 27, 1994, was presented, advising that Area "E" Fire Chiefs have requested to add La Habra Heights Fire Department to the Mutual Aid Agreement which now includes the Fire Departments of the cities of Compton, Downey, Lynwood, Montebello, Santa Fe Springs and Vernon. Adding another Southeast city would be beneficial to the present arrangement by enabling the Area E teams to rotate in another city on strike teams. Each participating city would be required to sign an Addendum to the Agreement. The agreement has been reviewed by the City Attorney, and it is hereby recommended that authority be granted to add the City of La Habra Heights to the Mutual Aid Agreement and that an Addendum to the Agreement be approved and executed. It was moved by Gonzales, seconded by Mccormick, that the communication from the City Clerk dated October 27, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6539 - A Resolution of the city Council of the city of Vernon Approving and Authorizing the Execution of a First Addendum to Agreement (Mutual Aid Agreement of July 12, 1976) By and Between the cities of Compton, Downey, La Habra Heights, Lynwood, Montebello, Santa Fe Springs and Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6539 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 27, 1994, was presented, transmitting the results of bids received and opened October 26, 1994 for Bid No. 1338, Two Service Bucket Trucks for the Light and Power Department: 1. Pacific Utility 2. Altec Industries 3. Simon West Coast 4. Truck Hydraulic 5 . GMC Truck $194,678.97 200,108.79 203,624.75 252,224.66 165,135.92 The bids have been referred to the Director of Light and Power for review. Kenneth DeDario, Director of Light and Power, addressed the Council and advised that staff had reviewed the bids and is recommending that the bids of Altec Industries, Truck Hydraulic and GMC Truck be rejected due to their not meeting all specifications of the bid. Mr. DeDario also recommended that the bid be awarded to Pacific Utility in the amount of $194,678.97 on the basis of their being the lowest remaining bidder. The Mayor asked what specifications were not met and if we should proceed with rejecting those certain bids especially since one of them was the lowest bidder. The City Attorney asked Mr. DeDario where the bidders fell short of the specifications. Mr. DeDario stated that he did not have that information with him at this time. 5044 I I City Council Agenda page 10 November 1, 1994 It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated October 27, 1994 regarding Bid No. 1338, be received and filed. Motion carried. It was moved Ybarra, seconded by Gonzales, that Bid No. 1338 be referred to the City Attorney to verify the legalities of rejecting these bids. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 27, 1994, was presented, transmitting the results of bids received and opened October 26, 1994 for Bid No. 1340, two 1500 kVA Padmount Transformers for the Light and Power Department: 1. 2. 3. 4. 5. ABB C/O Wesco Cooper Power Systems - C/O UPSCO Pauwels Transformers Howard Industries - C/O Young & Co. Southwest Power $32,892.85 26,400.01 32,726.14 40,069.82 41,672.83 The bids were referred to the Director of Light and Power for review. These transformers are needed specifically for the expansion of two existing customers and in order to meet the targeted operating date, it is necessary to proceed with purchasing the transformers as soon as possible. Based on the result of the Equivalent Annual Operating Cost formula, it is hereby recommended that Bid No. 1340 be accepted and that a Purchase Order be issued to ABB c/o Wesco for the purchase of two 1500 kVA padmount Transformers on the basis of their bid of $32,892.85. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated October 27, 1994 be received and filed, and that Bid No. 1340 be accepted and a Purchase Order be issued to ABB c/o Wesco for the purchase of two 1500 kVA Padmount Transformers on the basis of their bid of $32,892.85. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 27, 1994, was presented, transmitting the Boulder Canyon Project Implementation Agreement which provides for resolution of eleven issues between the Western Area Power Administration, the Bureau of Reclamation and the Contractors (Vernon is one of the Contractors). The agreement also establishes a forum for the exchange of information regarding Contract Administration including the criteria, policies and procedures by which the Project will be operated and maintained. The Agreement has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that it be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated October 27, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6540 - A Resolution of the city council of the City of Vernon Approving and Authorizing the Execution of a Boulder Canyon Project Implementation Agreement Between the United States, Acting Through the Western Area Power Administration, Department of Energy and the Bureau of Reclamation, Department of the Interior, and the Following Parties: Arizona Power Authority, Colorado River commission of Nevada, City of Boulder City, Department of Water and Power of the City of Los Angeles, The Metropolitan Water District of Southern California, Southern California Edison Company and the cities of Anaheim, Azusa, Banning, Burbank, Colton, Glendale, Pasadena, Riverside and Vernon, was presented. " ~ Ql3, I I City Council Minutes page 11 November 1, 1994 It was moved by McCormick, seconded by Gonzales, that Resolution No. 6540 be approved and adopted. 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. Communication from Bruce V. Malkenhorst, City Clerk, dated October 27, 1994, was presented, advising that L.A. Dye is in the process of purchasing the Domtar site on 57th street. with this purchase they will acquire the water rights to 1,854 acre-feet of water and have offered them for sale to the City. The company is also interested in obtaining the transfer station site at 2221 55th street. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that authority be granted for staff to negotiate terms for the purchase of water rights from L.A. Dye and for the sale of property at 2221 55th Street to L.A. Dye. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated October 27, 1994 be received and filed, and that staff be authorized to negotiate terms for the purchase of water rights from L.A. Dye. Motion carried. It was moved by McCormick, seconded by Davis, to authorize staff to negotiate terms for the sale of property located at 2221 55th Street to L.A. Dye. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 27, transmitting the Agenda for the Personnel Committee Meeting to be held October 31, 1994 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the aforementioned matter be deferred until after Closed Session later this date. Motion carried. WARRANT REGISTER NO. 901 covering claims and demands presented during the period of October 14 thru 27, 1994, drawn on the First Interstate Bank totaling $195,539.33, which includes Demand Nos. 48982 thru 49175 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period November, 1994) was examined and audited: 48982 48999 49002 49004 49019 49033 49047 49048 49049 49050 49087 49088 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 901 be approved and payment authorized for claims and demands totaling $195,539.33, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 901 covering claims and demands presented during the period of October 14 thru 27, 1994, drawn on the First Interstate Bank totaling $2,006,079.61, which includes Light and Power Demand Nos. as listed below (accounting period November, 1994) was examined and audited: 48983 48984 48985 48986 48991 49009 49017 49018 49020 49022 49027 49028 49097 49100 49102 49107 49127 49134 49136 49137 49138 49141 49149 49150 49158 49159 49163 49170 49173 49174 49029 49030 49031 49038 49043 49045 49051 59052 49061 49065 49067 49069 49070 49072 49081 49083 49084 49089 , ~'4~ I I City Council Minutes page 12 November 1, 1994 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 901 be approved and payment authorized for claims and demands totaling $2,006,079.61. 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. Consideration of a Firm Wholesale Power Sale Agreement No. 2 between Salt River Project Agricultural Improvement and Power District and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. (Deferred from the City Council Meeting held October 26, 1994.) It was moved by Gonzales, seconded by Davis, that the Firm Wholesale Power Sale Agreement No. 2 between Salt River Project Agricultural Improvement and Power District and the City of Vernon be approved and executed. Motion carried. RESOLUTION NO. 6541 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Firm Wholesale Power Agreement No. 2 By and Between the City of Vernon and Salt River Project Agricultural Improvement and Power District, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6541 be approved and adopted. Motion carried. Consideration of a Firm Transmission Service Agreement between Southern California Edison Company and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. (Deferred from the City Council Meeting held October 26, 1994.) RESOLUTION NO. 6542 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Edison-Vernon Eldorado-City Gate Firm Transmission Service Agreement By and Between the City of Vernon and Southern California Edison Company. It was moved by Ybarra, seconded by Gonzales, that the aforementioned matter and Resolution No. 6542 be deferred to the next City Council Meeting. Motion carried. Consideration of an ordinance to implement CH: 5.3 of Article V of the Charter relating to election procedures. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. ORDINANCE NO. 1025 - An Ordinance of the city Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, By Adding Chapter 17B Thereto Regarding Public Information and Matters Relating Thereto and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by Title for a First Reading. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1025 be approved for a First Reading. Motion carried. Consideration of lease at 3349 Fruitland Avenue. (Deferred from the City Council Meeting held October 26, 1994.) The City Clerk recommended that this matter be deferred to after Closed Session later this date. 5041 'Z : I I City Council Minutes page 13 November 1, 1994 It was moved by Gonzales, seconded by Davis, that the aforementioned matter be deferred until after Closed Session later this date. Motion carried. The Mayor called at recess at 6:01 p.m. The Council reconvened in regular session at 6:05 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Ybarra, to go into Closed Session to confer on Item No. 3 listed below, the time being 6:05 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief of POlice, Police Captain, Police Officer and the Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 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 Police Officer addressed the City council and was then excused at 6:19 p.m. The Chief of Police and Captain were excused at 6:26 p.m. It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:26 p.m. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 27, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held October 31, 1994 for approval of the recommendations contained therein. (Deferred from earlier in the meeting.) It was moved by Ybarra, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held October 31, 1994 be approved. Motion carried. It was moved by Davis, seconded by McCormick, that the Police Officer be released from his employment with the City of Vernon based on his failure to pass probation. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Council go into Closed Session to confer on Items No. 1 and 2 listed below, the time being 6:27 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. 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. 5048 City Council Minutes page 14 November 1, 1994 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; I (c) CPUC Docket No. A.91-03-039 (SoCa1Gas) ; (d) FERC Docket No. ER-94-1421 (e) City of Vernon v. Robert Ismae1 Marroche Case No. 93COO048 (Southeast Municipal Court) 2. with respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54956.95. LIABILITY CLAIMS Claimant: Gol Sol, Inc., dba AM/PM Mini Market Agency claimed against: City of Vernon Claimant: William Conn Agency claimed against: City of Vernon It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:35 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, to deny the Liability Claim of Gol Sol, Inc. dba AM/PM Mini Market. Motion carried. It was moved by McCormick, seconded by Davis, to approve the Liability Claim of William Conn. Motion carried. The City Clerk stated that the following matter should be deferred to a later meeting. 4. with respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. I PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Administrator/City Clerk Consideration of lease at 3349 Fruitland Avenue. (Deferred from earlier in the meeting.) The City Clerk addressed the Council regarding the above referenced matter and referred to the city housing Rules and Regulations specifically Items No.1, 2 and 3. He also addressed recent burglaries at that location and disturbing unruly parties. Councilman McCormick stated the person responsible for these activities is now gone and has no reason to return. .- 5:&38:., ~.. ,f" :i, I I City Council Minutes page 15 November 1, 1994 Councilman Davis stated that he does have a concern about the element that is being brought to this area, and worries about the safety of his family. The City Clerk stated that there is also a problem with the storage of recyclable materials that are being kept on the property in that it is a fire hazard and also an attraction for rodents. Ron Kallembach, a friend of Councilman McCormick and a fellow Scoutmaster, addressed the Council on his behalf and stated that the situation is sad but is not entirely Councilman McCormick's fault, and asked that the Council seriously consider not evicting the councilman from his residence. He advised he would help him move the recyclables since it is for the Boy Scouts. Councilman Gonzales suggested that this matter be referred to the City Administrator to meet with Councilman McCormick to see if they can come to an agreement that eliminates the concerns of the City and the neighboring residents. It was moved by Ybarra, seconded by Davis, to refer the aforementioned matter to the City Administrator. Motion carried. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by Gonzales, that the meeting adjourn, the time being 6:55 p.m. Motion carried. ATTEST: /l .~ Bruce V. Malkenhorst City Clerk , ;) LI__:J ?