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19941220 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 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, McCormick, Davis, Gonzales MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Davis, seconded by Gonzales, that the Minutes of the City Council meeting held December 6, 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 November 15, 1994, be approved as submitted and adopted. Motion carried. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Russell F. Schooling, Judge, Municipal Court, Southeast Municipal Court District, Los Angeles, County, In Recognition of His Service and Support of the Vernon Community, was Read by Title by the City Clerk. It was moved by Ybarra, seconded by Davis, that the Proclamation honoring Russell F. Schooling be approved. Motion carried. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring John William Bunnett, Judge, Municipal Court, Southeast Municipal Court District, Los Angeles, County, In Recognition of His Service and support of the Vernon Community, was Read by Title by the City Clerk. It was moved by Gonzales, seconded by McCormick, that the Proclamation honoring John William Bunnett be approved. Motion carried. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Porter "Duke" DeDubovay, Judge, Municipal Court, Southeast Municipal Court District, Los Angeles, County, In Recognition of His Service and Support of the Vernon Community, was Read by Title by the city Clerk. It was moved by Davis, seconded by Ybarra, that the Proclamation honoring Porter "Duke" DeDubovay be approved. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated December 15, 1994, was presented, advising that the below listed employees have qualified in the month of November 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 Emplovee Award 01/02/92 Todd Egan, Firefighter 2 Year 11/30/90 Ronald McQuire, Police Officer 2 Year 11/02/92 Todd painton, Firefighter 2 Year 11/07/91 Andy Ippolito, Compo Operations Asst. 2 Year 11/04/91 Claudia Gomez, utility Clerk 3 Year 11/16/83 James ROdino, Police Sergeant 4 Year - I I City Council Minutes page 2 December 20, 1994 07/25/79 Martha Valenzuela, Office Manager 5 Year 11/06/89 Elias Zepeda, Diesel Operator 5 Year 05/19/80 Manuel Giron, utilityman 6 Year 08/01/83 Edward Rodriguez, utilityman 6 Year 09/01/58 Louis Rosenkrantz, Police Chief 6 Year 06/23/85 Martin Sanchez, Diesel Operator 7 Year 05/08/67 Terry Gresham, Foreman 13 Year The Mayor presented the aforementioned employees with their awards and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department head: 02/01/70 07/05/87 01/07/91 11/02/92 09/18/89 08/17/87 Randy Bohlander, Fire Engineer Jeff Coburn, Water/Power Dispatcher Stephen Keller, Firefighter Andrew Kroner, Firefighter Eric Purvis, Firefighter Robert Faldetta, Police Sergeant 2 Year 2 Year 2 Year 2 Year 2 Year 4 Year The Mayor called a recess at 5:20 p.m. The Council reconvened in regular session at 5:24 p.m., all members present before the recess again being present. Police Department Activity Log for the period December 1 thru 15, 1994, was presented. It was moved by MCCormick, seconded by Davis, that the Police Department Activity Log for the period December 1 thru 15, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period December 1 thru 15, 1994, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period December 1 thru 15, 1994, be received and filed. Motion carried. Health Department Report for the month of November, 1994, was presented. It was moved by Davis, seconded by Gonzales, that the Health Department Report for the month of November 1994, be received and filed. Motion carried. Risk Management Report for the month of November, 1994, was presented. It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of November, 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 Hearings that may be listed. " 5(j9~'~":~; I I City Council Minutes Page 3 December 20, 1994 There was no one in the audience who wished to address the Council at this time. ORDINANCE NO. 1026 - An Ordinance of the City Council of the City of Vernon Amending the Redevelopment Plan for the Industrial Redevelopment Project and Establishing certain Limitations for the Redevelopment Plan Pursuant to the Community Redevelopment Law Reform Act of 1993 (Assembly Bill 1290), was read by Title by the City Clerk for a Second and Final Reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1026 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Davis, Gonzales, McCormick None None 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 DECEMBER 6, 1994.) It was moved by Ybarra, seconded by Gonzales, that the aforementioned Public Hearing be continued to the next City Council meeting to be held January 3, 1995. Motion carried. PUBLIC HEARING to consider a request from Daniel C. Fessenden Company d.b.a. California Warehouse Company for a Variance to allow the tenant to utilize forty non-conforming truck loading spaces at 4455 Fruitland Avenue. (CONTINUED FROM THE CITY COUNCIL MEETING HELD DECEMBER 6, 1994.) It was moved by Ybarra, seconded by McCormick, that the aforementioned Public Hearing be continued to the next city Council meeting to be held January 3, 1995. Motion carried. It was moved by Gonzales, seconded by Davis, to open the PUBLIC HEARING to consider a request from Southland Box Company for a Variance to allow the tenant to utilize thirteen non-conforming truck loading spaces at 4955 Maywood Avenue, the time being 5:30 p.m. Motion carried. (CONTINUED FROM THE CITY COUNCIL MEETING HELD DECEMBER 6, 1994.) Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. Mr. Wilson also advised the City Council of changes they are making to Conditions "a" and "c" which are listed in the following communication. Communication from Bruce V. Malkenhorst, City Clerk, dated December 15, 1994, was presented, advising that Southland Box Company has submitted an application requesting a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4955 Maywood 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 thirteen non-conforming truck loading spaces that are 10 feet wide, with ten spaces being 51.1 feet long. The remaining three spaces are 50 feet long, 52.5 feet long and 40.8 feet long. After further deliberations and review of the Variance request by the Acting Director of Community Services and the City Attorney, it is now recommended that the Variance be granted contingent upon the following Conditions: .~' f\ 71 509:2- I I City Council Minutes page 4 December 20, 1994 a. Southland Box Company shall, by June 20, 1995, construct two new conforming truck loading spaces extending from the north end of the building into the parking lot; remove the driveway at said location and relocate it such that the south end of the driveway shall be 65 feet north of the north end of the building and a minimum of 50 feet in width; and construct new curb, gutter, and sidewalk to replace said removed driveway; or replace the access driveway to all of the non- conforming loading docks with curb, gutter, and sidewalk including suitable barriers to prevent direct truck access; and obtain all necessary permits from the City of Vernon prior to any construction. b. If Southland Box Company has not completed the construction described in Condition "a" within 30 days hereof, Southland Box Company shall deliver a $10,000 performance bond to the City of Vernon to be refunded upon compliance with Condition "a". c. Said performance bond shall provide that if compliance with Condition "a" has not been attained by June 20, 1995, the performance bond shall be paid to the City of Vernon for the purpose of constructing curb, gutter and side- walk including a suitable barrier to eliminate the usage of all non-conforming loading docks. d. The usage of the truck loading spaces shall be limited so that any truck parked at the loading docks does not extend into the existing street right-of-way. e. 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 or comments from Councilor anyone in the audience. There were no questions or comments. It was moved by Davis, seconded by Ybarra, to close the Public Hearing pertaining to the Variance request from Southland Box Company, the time being 5:35 p.m. Motion carried. It was moved by Ybarra, seconded by McCormiCk, that the communication from the City Clerk dated December 15, 1994 and all supporting evidence be received and filed, and that the Variance be granted to Southland Box Company contingent upon their adherence to the aforementioned Conditions "a" thru "e'. Motion carried. RESOLUTION NO. 6546 - A Resolution of the City Council of the City of Vernon Granting a Variance to Southland Box Company, From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4955 Maywood Avenue in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6546 be approved and adopted. Motion carried. SORt. . '".,:'.1:) ;f ,~'; . I I City Council Minutes page 5 December 20, 1994 It was moved by McCormick, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Owens-Brockway Glass Containers, Inc. for a Variance to allow the tenant to utilize three non-conforming truck loading spaces at property located at 2901 Fruitland Avenue, the time being 5:35 p.m. Motion carried. (CONTINUED FROM THE CITY COUNCIL MEETING HELD DECEMBER 6, 1994.) David B. Brearley, City Attorney, addressed the City Council and discussed the request made by Owens-Brockway Glass Containers at the last Public Hearing regarding their trucks crossing into the street in a perpendicular manner. Mr. Brearley also addressed his communication submitted this date (see below). Communication from David B. Brearley, City Attorney, dated December 20, 1994, was presented, pertaining to the request by Owens Brockway that the City authorize commercial vehicles to park across sidewalks and block streets. Kevin Wilson, Acting Director of Community Services, also addressed the City Council on this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated December 1, 1994, was presented, advising that Owens- Brockway Glass Containers, Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 2901 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 building has three non-conforming truck loading spaces which are 10 feet wide and 37 feet long. The company is not willing to restrict the length of the vehicles using the loading spaces to avoid extending into the street-right-of-way and they do not intend to recess some, or all, of the docks; therefore, it is hereby recommended that the Variance be denied. This has been reviewed by the Acting Director of Community Services. The Mayor asked Mr. Wilson what is the longest truck that can be in a dock? Mr. Wilson said the longest dock is 37 feet. The Mayor asked if anyone had any other questions. There were no questions. It was moved by Gonzales, seconded by McCormick, to close the Public Hearing pertaining to the request for a Variance from Owens-Brockway Glass Containers, Inc., the time being 5:41 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communications from the City Clerk dated December 1, 1994 and the City Attorney dated December 20, 1994 and all supporting documents be received and filed as evidence, and that the request for a Variance from Owens-Brockway Glass Containers, Inc. be denied. Motion carried. RESOLUTION NO. 6554 - A Resolution of the city Council of the City of Vernon Denying a Variance to Owens- Brockway Glass Containers, Inc. From section 26.4.2-8, Development Standards, of the Comprehensive Zoning ordinance, the Property Located at 2901 Fruitland Avenue in the City of Vernon, was presented. for -;:.! :';:';5090 'j I I City Council Minutes Page 6 December 20, 1994 It was moved by Ybarra, seconded by Davis, that Resolution No. 6554 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Mustang Terminal, Inc. for a Variance to allow the tenant to utilize three non- conforming truck loading spaces at 4223 District Boulevard, the time being 5:42 p.m. Motion carried. (CONTINUED FROM THE CITY COUNCIL MEETING HELD DECEMBER 6, 1994.) Kevin Wilson, Acting Director of Community Services, addressed the City Council and summarized this matter and referred to a communication from Mustang received via FAX this date, and their request for the City not to require the issuance of a $10,000 Performance Bond. Communication from Aaron Churba, Mustang Terminal, Inc. dated December 20, 1994 (VIA FACSIMILE) advising they will do what is necessary to make the recess to the warehouse, but advising that the $10,000 performance bond would be a hardship at this time. David B. Brearley, City Attorney, addressed the Council and advised that the requirement or necessity of having the bond is to see that the necessary correction or improvement is done. Communication from Bruce V. Malkenhorst, City Clerk, dated December 15, 1994, advising that Mustang Terminal Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4223 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 was constructed with five non-conforming truck loading spaces which are 9.5 feet wide and 50.7 feet long. The company plans to recess two of the non-conforming spaces to 65 feet long and 9.5 feet wide, and is proposing to use only vehicles of a smaller length at the three remaining non- conforming spaces. Staff of the Community Services Department has now completed their review of the Variance request and Kevin Wilson, Acting Director of Community Services, has submitted a communication this date recommending that the Variance be granted with the Conditions as listed below: a. Mustang Terminal Inc. shall recess one of the non-conforming loading spaces to 65 feet in length and 9.5 feet in width by June 20, 1995 and shall obtain all necessary permits from the City of Vernon prior to any construction. b. If Mustang Terminal, Inc. has not completed the construction described in the above Condition "a" within 30 days hereof, Mustang Terminal, Inc. shall deliver a $10,000 performance bond to the City of Vernon to be refunded upon compliance with Condition "a". c. If compliance with Condition "a" has not been attained by June 20, 1995, then the City of Vernon will be authorized to forfeit said bond and utilize the proceeds to construct curb, gutter, sidewalk and a suitable barrier to limit the usage of all said loading docks to shorter vehicles. ;:'.5:0.8....:.';,., " . ,- .' . ..' ,-.. ....-~ .... - , ~ -., ,,'. -. I I City Council Minutes page 7 December 20, 1994 d. The usage of the truck loading spaces shall be limited so that any truck parked at the loading spaces does not extend into the street right-of- way as shown on the Master Plan of streets dated June 16, 1992. e. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. Mr. Wilson stated that although he previously advised the City Clerk by memo that he would recommend approving the Variance contingent upon certain Conditions as listed above in the City Clerk's letter of December 15, 1994, based on Mr. Churba's communication received just before this meeting, he is now recommending that the variance be denied. The Mayor asked if anyone had any further questions or comments. There were no questions or comments. It was moved by MCCormick, seconded by Davis, to close the Public Hearing regarding the request for a Variance from Mustang Terminal, Inc., the time being 5:50 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that (1) the communication from the City Clerk dated December 15, 1994 and all supporting documents be received and filed; (2) the communication from Aaron Churba dated December 20, 1994 be received and filed; and (3) that the variance request from Mustang Terminal be denied. Motion carried. RESOLUTION NO. 6552 - A Resolution of the City Council of the City of Vernon Denying a Variance to Mustang Terminal, Inc. From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4223 District Boulevard in the City of Vernon. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6552 be approved and adopted. Motion carried. The City Clerk advised that the following two Public Hearings should be continued to the next city Council Meeting. PUBLIC HEARING to consider a request from Griffith Micro Science, Inc. for a Variance to allow the tenant to utilize three non-conforming truck loading spaces at 4900 Gifford Avenue. (CONTINUED FROM THE CITY COUNCIL MEETING HELD DECEMBER 6, 1994.) It was moved by Ybarra, seconded by Davis, to continue the aforementioned Public Hearing to the next City Council Meeting to be held January 4, 1994. Motion carried. PUBLIC HEARING to consider a request from Griffith Micro Science, Inc. for a Variance to allow the tenant to utilize one non-conforming truck loading space at property located at 4801 E. 50th Street. (CONTINUED FROM THE CITY COUNCIL MEETING HELD DECEMBER 6, 1994.) It was moved by McCormick, seconded by Gonzales, to continue the aforementioned Public Hearing to the next City Council Meeting to be held January 4, 1994. Motion carried. communication from Kevin Wilson, Acting Director of Community Services, dated November 10, 1994, was presented, requesting authority and funds for Engineering Associate George Burgess to attend the 1994 Uniform Fire Code Update in Whittier, January 23-25, 1995, with an expense allowance of $250. '51). .8. .8-";(0- '" 'i' ...... .. ..",~~_ , ,'" .-.'....,,;... I I City Council Minutes page 8 December 20, 1994 It was moved by Ybarra, seconded by Gonzales, that authority be granted for George Burgess to attend the afore- mentioned conference with an expense allowance of $250. Motion carried. Communication from Fire Chief Dave Telford, dated November 30, 1994, was presented, requesting authority and funds for Firefighters Darrin Curry, Michael Langer and Jason McEachran to attend the Haz Mat Technician Course Module 1A in Santa Fe Springs, January 9-13, 1995, with an allowance of $350 each for the registration fee. It was moved by McCormick, seconded by Davis, that authority be granted for Firefighters Darrin Curry, Michael Langer and Jason McEachran to attend the aforementioned course with an allowance of $350 each for the registration fee. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated November 30, 1994, was presented, requesting authority and funds to attend the California Police Chiefs' Association 1995 Conference in Anaheim, January 31-February 4, 1995, with an expense allowance of $829.48. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Chief Louis Rosenkrantz to attend the aforementioned conference with an expense allowance of $829.48. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated November 30, 1994, was presented, requesting authority and funds for Sgt. Ben Busse to attend a supervisory course in Santa Ana, January 23-February 3, 1995, with an expense allowance of $379.72 of which $299.72 will be reimbursed by POST. It was moved by Mccormick, seconded by Davis, that authority be granted for Sgt. Ben Busse to attend the afore- mentioned conference with an expense allowance of $379.72. Motion carried. Communication from Fire Chief Dave Telford, dated December 8, 1994, was presented, requesting authority and funds for Fire Captain Jed Hulsey to attend the First Responder Operational Course in San Luis Obispo, January 17-19, 1995, with an expense allowance of $592.00. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Captain Jed Hulsey to attend the afore- mentioned course with an expense allowance of $592.00. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated December 12, 1994, was presented, advising that the street sweeping contract with R. F. Dickson Company expires December 31, 1994. The contract provides for a one-year extension by mutual agreement and the company has indicated they would like to continue under the present contract. The City has paid $3,936.69 per month for these services since 1992, and at this time, R. F. Dickson is requesting an increase based on the Consumer Price Index from January 1992 to January 1995 which is approximately 4.7%. This has been reviewed by the City Attorney, and it is hereby recommended that the contract be extended to December 31, 1995 with a price adjusted to 75% of the Consumer Price Index for the period January 1992 to January 1995. It was moved by McCormick, seconded by Gonzales, that the communication from the Acting Director of Community Services dated December 12, 1994 be received and filed, and that his recommendation be approved. Motion carried. . . UM I I City Council Minutes page 9 December 20, 1994 RESOLUTION NO. 6563 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a One-Year Extension of Contract No. 478 By and Between the City of Vernon and R.F. Dickson Company, Inc., was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6563 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 13, 1994, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilmen Hilario Gonzales and William Davis to attend the California Contract Cities Association Legislative Tour in Sacramento, January 10-12, 1995, with an expense allowance of $745 each. It was moved by Davis, seconded by McCormick, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $745 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 13, 1994, was presented, advising that it is necessary for the City to file with the U. S. Treasury, on an annual basis, an Annual Certification Report which shows an accounting of funds received from the federal government. In addition, it is requiring that we execute a Federal Equitable Sharing Program Agreement which enables us to continue receiving Federal Asset Forfeiture Funds contingent upon us abiding by their guidelines. This has been reviewed by Eric T. Fresch, financial legal counsel, and it is hereby recommended that the agreement be approved and executed, and forwarded to the Department of the Treasury along with the Annual certification Report. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated December 13, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6564 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Federal Equitable Sharing Agreement with the Department of Treasury Enabling Vernon to Continue to Receive Federal Asset Forfeiture Funds, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6564 be approved and adopted. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated December 13, 1994, was presented, transmitting a fully executed Grant Deed, for street purposes, from Helmut Ackerman for a 10 foot strip of property (approxi- mately 6,985 square feet) on 52nd Street between Alameda Street and Santa Fe Avenue. This has been reviewed by the City Attorney, and it is hereby recommended that the Grant Deed be accepted, and the Certificate of Acceptance be approved and executed. Mr. Wilson advised the City Council that the Grant Deed is from M.A.B. Partners not Helmut Ackerman with all other information remaining unchanged. It was moved by McCormick, seconded by Ybarra, to accept the Grant Deed from M.A.B. Partners, and that the Certificate of Acceptance be approved and executed. Motion carried. :~}ii,.~;~:~/ :;a,.{J.,.o u ..) I I City Council Minutes page 10 December 20, 1994 Communication from Bruce V. Malkenhorst, City Clerk, dated December 13, 1994, was presented, transmitting Supplement No. 006 (Cycle 5) to the State-Local Transportation Partnership Program Agreement No. SLTPP-5139 with the State of California Department of Transportation. The City has completed the resurfacing of portions of 37th Street, 38th Street, 48th Street, Bickett street, Irving Street, Ross street, Vernon Avenue, Seville Avenue and Bandini Boulevard (Contract No. 520). These streets were nominated for partial funding under Cycle 5 of the program, and if funding is available, the City may receive up to approximately $48,107.00 towards the construction costs. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that Supplement No. 006 be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated December 13, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6561 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Program Supplement No. 006 to State-Local Transportation Partnership Program Agreement No. SLTPP-5139 By and Between the City of Vernon and the State of California, Acting By and Through the Department of Transportation, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6561 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 14, 1994, was presented, advising that Tissurama Industries, Inc. has requested an Encroachment Permit to construct, use and maintain one telephone line and one air line over Sierra Pine Avenue. This has been reviewed by the Acting Director of Community Services, and the City Attorney, and it is hereby recommended that Encroachment License Agreement No. 379 be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated December 14, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6560 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 379 By and Between the City of Vernon and Tissurama Industries, Inc., was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6560 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated December 14, 1994, was presented, requesting authority and funds for himself and Mayor Pro Tem Thomas Ybarra, to attend the League of California Cities' Mayors and Council Members Forum in Sacramento, January 18-20, 1995, with an expense allowance of $828 each. It was moved by McCormick, seconded by Gonzales, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $828 each. Motion carried. 511( I I City Council Minutes page 11 December 20, 1994 Communication from Bruce V. Malkenhorst, City Clerk, dated December 15, 1994, was presented, advising that the Council, at their meeting held November 1, 1994, approved a Firm Wholesale Power Agreement No. 2 with the Salt River Project Agricultural Improvement and Power District (SRP); however, SRP requested some non-substantive modifications to the agreement. The changes to the agreement have been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that the changes to the agreement be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated December 15, 1994 be received and filed, and that his recommendation be approved. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. RESOLUTION NO. 6562 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Modified Firm Wholesale Power Agreement No. 2 By and Between the City of Vernon and Salt River Project Agricultural Improvement and Power District, Previously Approved by Resolution No. 6541, was presented. It was moved McCormick, seconded by Gonzales, that Resolution No. 6562 be approved and adopted. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. Communication from Bruce V. Malkenhorst, City Clerk, dated December 15, 1994, was presented, transmitting a "COPS FAST" Application to be filed with the U. S. Department of Justice which, if approved, would authorize us to receive $75,000 in reimbursement from the Federal Government over a three year period. The monies would be spent for a police officer who is hired to perform community based policing. This has been reviewed by the Police Chief and the City Attorney, and it is hereby recommended that the application be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated December 15, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6568 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a COPS FAST Application to be Filed with the U. S. Department of Justice, Office of Community Oriented Policing Services, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6568 be approved and adopted. Motion carried. The City Clerk read the results, as listed below, in accordance with Bid No. 1341 for Two Padmount Transformers, received and opened this date at 2 p.m: 1. General Electric 2. Howard Industries $35,115.16 29,628.03 or 30,737.59 (second option) 26,076.58 25,352.00 24,864.00 3. Cooper Power Systems 4. ABB 5. Pauwels Transformer ~~~ I I City Council Minutes page 12 December 20, 1994 It was moved by Gonzales, seconded by Ybarra, that Bid No. 1341 be referred to the Director of Light and Power for review. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 15, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held December 19, 1994, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held December 19, 1994 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated December 15, 1994, was presented, transmitting the Minutes of the Finance Committee Meeting held December 13, 1994, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Ybarra, that the Minutes of the Finance Committee Meeting held December 13, 1994 be approved. Motion carried. RESOLUTION NO. 6557 - A Resolution of the City Council of the City of Vernon Authorizing Payroll Deductions for the PERS Long Term Care Program, was presented. (Deferred from the City Council Meeting held December 6, 1994.) It was moved by Gonzales, seconded by Davis, that Resolution No. 6557 be approved and adopted. Motion carried. RESOLUTION NO. 6565 - 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 Professional Services (City Office Addition) By and Between the City of Vernon and Boyle Engineering Corporation, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6565 be approved and adopted. Motion carried. RESOLUTION NO. 6566 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property From the Fire Department, The Community Services Department, The Light and Power Department, and the Police Department Pursuant to section 2.31 of the Vernon City Code, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6566 be approved and adopted. Motion carried. RESOLUTION NO. 6567 - A Resolution of the city Council of the City of Vernon Amending Resolution No. 5994 Which Adopted an Educational Assistance Program for City Employees, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6567 be approved and adopted. Motion carried. WARRANT REGISTER NO. 904 covering claims and demands presented during the period of December 2 thru 15, 1994, drawn on the First Interstate Bank totaling $313,982.81, which includes Demand Nos. 49587 thru 49799 (inclusive), excluding Light and Power Demands and Void Demand Nos. 49616 thru 49619 (inclusive) and 49735 (accounting period December, 1994), was examined and audited. It was moved by Davis, seconded by McCormick, that Warrant Register No. 904 be approved and payment authorized for claims and demands totaling $313,982.81, excluding Light and Power Demands. Motion carried. n~ I I City Council Minutes page 13 December 20, 1994 WARRANT REGISTER NO. 904 covering claims and demands presented during the period of December 2 thru 15, 1994, drawn on the First Interstate Bank totaling $599,413.16, which includes Light and Power Demand Nos. as listed below (accounting period December, 1994), was examined and audited: 49587 49588 49590 49591 49598 49599 49604 49608 49613 49615 49622 49630 49631 49636 49642 49645 49650 49658 49666 49669 49670 49774 49775 49776 49781 49783 49784 49787 49788 49789 49795 49796 49797 49801 49671 49689 49691 49699 49701 49709 49710 49715 49723 49727 49728 49734 49743 49746 49748 49750 49751 49762 49766 49768 49773 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 904 be approved and payment authorized for claims and demands totaling $599,413.16. Motion carried. councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. PAYROLL WARRANT REGISTER NO. 904 covering claims and demands presented during the period of October 16 thru November 12, 1994, drawn on the First Interstate Bank totaling $1,519,583.49, which includes Demand Nos. 7752 thru 7789 (inclusive) (accounting period November, 1994), was examined and audited. It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 904 be approved and payment authorized for claims and demands totaling $1,519,583.49. Motion carried. The City Clerk advised that the following matter should be deferred until after Closed Session later this date. Consideration of performance and compensation for the City Administrator/City Clerk. (DEFERRED FROM THE CITY COUNCIL MEETING HELD DECEMBER 6, 1994.) The Mayor called a recess at 6:20 p.m. The Council reconvened in regular session at 6:25 p.m., all members present before the recess again being present. It was moved by Davis, seconded by Ybarra, that the council go into Closed Session to confer on Item No. 4a listed below, the time being 6:25 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 Deputy City Clerk and a utilityman. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 4. with respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE The Acting Director of Community Services and the utilityman were excused at 6:44 p.m. It was moved by Gonzales, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:45 p.m. Motion carried. -., ~.,.. 5082":" I I City Council Minutes page 14 December 20, 1994 It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session to confer on Item Nos. 1, 2 and 3 listed below, the time being 6:46 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 that 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) CPUC Docket No. A.91-03-039 (SoCaIGas); (d) CPUC Docket No. A.93-09-006 (BCAP); (e) City of Oranqe. et al v. City of Vernon (Alabama Treasury Advisorv Proqram. et all; San Francisco Case No. 956982; 2. with respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54956.95. LIABILITY CLAIMS Claimant: L.A. Dye Print & Works City claimed against: City of Vernon Claimant: Jose Nelson Lopez City claimed against: City of Vernon 3. with respect to every item of business to be discussed in Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of Litigation: One (1) Potential case It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 6:49 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, to deny the claim of Jose Nelson Lopez. Motion carried. It was moved by Ybarra, seconded by Gonzales, to authorize the City Attorney to send a letter to the California Supreme Court reqeusting that the case of Loder v. Glendale be accepted for hearing. Motion carried. At this time the City Clerk announced that the following should be discussed. ~HJ.:8.t:. I I City Council Minutes page 15 December 20, 1994 Consideration of performance and compensation for the City Administrator/City Clerk. (Deferred from earlier in the meeting. ) Increased compensation for the City Administrator/City Clerk was discussed and reviewed in the form of the following: 1. Salary Increase 2. Executive Leave and Vacation 3. Expense Allowance 4. Life Insurance It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session to confer on Item No. 4b listed below, the time being 6:51 p.m. Motion carried. All persons were excluded from the Closed Session. The Mayor ordered all communications to and from the Closed Session be deemed privileged and confidential. 4. With respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54957. b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Administrator/City Clerk The City Administrator/city Clerk was called into Closed Session at 6:55 p.m. The City Clerk was excused from Closed Session at 6:57 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 7 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the following compensation for the City Administrator/City Clerk be approved effective December 11, 1994. Motion carried. 1. 2% Salary Increase plus $500 2. Pay for Unused Executive Leave and Vacation 3. Two Additional Vacation Days 4. Increased Life Insurance 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. ,;z~) , :<!:1' .' ,:, -~nis C. IbUrg~ 'Mayor ./ ~/1 ~/,&h#,,~> / ~1.. .~ // .' 0;/, // f- / _ 7./ ,,/ /" j~ / t.../~:/ ----v./ /~ Bruce V. Malkenhorst City Clerk ATTEST,.: /7 5080'