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19950606 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 6, 1995 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 MEMBERS ABSENT: McCormick The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held May 16, 1995, be approved as submitted and adopted. Motion carried. Mayor Malburg presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council: Albert Cruz, Utilityman - 15 years Fernando Weathers, utilityman - 15 years Joe Jimenez, System Operator - 15 years Manuel Giron, Utilityman - 15 years Jacqueline Warsaw, Communications Operator - 10 years The following employees were unable to attend the meeting and their Service Pins were accepted by the police Chief: David Cheng, Police Officer - 5 years Steven Wiles, Police Officer - 5 years Scott Shonts, Police Officer - 5 years The Mayor called a recess at 5:09 p.m. The Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Police Department Activity Log for the period May 16 thru 31, 1995, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period May 16 thru 31, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period May 16 thru 31, 1995, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period May 16 thru 31, 1995, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the City 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 on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. There was no one in the audience who wished to address the Council at this time. S~Z3 I I City Council Minutes page 2 June 6, 1995 It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider an application from Hercules Forwarding, Inc. for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 3240 Bandini Boulevard in the City of Vernon, the time being 5:13 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Acting Director of Community Services, dated June 1, 1995, was presented, advising that Hercules Forwarding, Inc. has applied for a Conditional Use Permit to operate a truck and freight terminal at 3240 Bandini Boulevard, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. Hercules Forwarding, Inc. was found to be categorically exempt from the California Environmental Quality Act process since they will be using an existing truck terminal and the facility is not being expanded. 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 will not have a significant effect on the environment, and no mitigating measures are required. This has been reviewed by the City Attorney and it is hereby recommended that the following actions be taken: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process. 2. A Notice of Exemption be filed with the County Clerk. 3. The Conditional Use Permit be granted to Hercules Forwarding, Inc. contingent upon their adherence to the following Conditions: a. 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. The facility shall be operated in a manner that will prevent unsanitary conditions, odors, and other nuisances. Prior to occupancy a business license and occupancy permit shall be obtained. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 3240 Bandini Boulevard. b. 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. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed to meet City standards. 5222 I I City Council Minutes page 3 June 6, 1995 c. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. d. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. e. No equipment or freight shall be stored on the site, other than in buildings, trailers, or on the docks. Adequate plans and materials must be available for handling leaks or spil~s from vehicles during storage or transportation. f. A hazardous materials inventory and business contingency plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. g. All required federal, state, local, and regulatory agency permits shall be obtained prior to operation. h. The current property owner shall submit documentation of hazardous materials closure for 3240 Bandini Boulevard based on its prior operation by A & L Fuel. i. The underground fuel tanks on the site must be removed under permit issued by the City of Vernon Community Services Department or the property owner or occupant shall obtain and maintain an underground tank permit. The underground storage tank monitoring systems shall be checked by a qualified service person. Monitoring systems must meet the requirements of City Ordinance No. 944. Hercules Forwarding shall provide a system to positively shut down the westerly tank's turbine pump in the event of a leak alarm and provide a state of the art overspill protection for each tank fill opening. The tanks and dispensers shall meet all current City codes. j. Hercules Forwarding must apply for a City of Vernon Food Warehouse Health Permit. k. The abandoned materials in drums and buckets must be properly disposed of from the site and documentation of disposal must be submitted, and the wall and soil stains in the southwest corner of the property must be characterized, and an assessment report submitted to the Health Department by the property owner or Hercules Forwarding, Inc. I. Broken or cracked sidewalk, curb, gutter, or driveway in Bandini Boulevard adjacent to the site shall be repaired and unused driveways shall be removed and replaced with curb, gutter, and sidewalk. m. The facility shall be operated in a manner which will not impede traffic on Bandini Boulevard. . 5221 I I City Council Minutes page 4 June 6, 1995 Wilson. The Mayor asked if there were any questions of Mr. David B. Brearley, City Attorney, asked if the Health Department had, or could foresee, any problems with Condition "j. " Lewis Pozzebon, Director of Environmental Health, replied that no, at this time, they did not foresee any problems. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the request from Hercules Forwarding, Inc. for a Conditional Use Permit, the time being 5:15 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the Acting Director of Community Services dated June 1, 1995 and all supporting documents be received and filed as evidence. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by Ybarra, seconded by Davis, that a Notice of Exemption be filed with the County Clerk. It was moved by Gonzales, seconded by Ybarra, that the Conditional Use Permit be granted to Hercules Forwarding, Inc., contingent upon their adherence to the aforementioned Conditions "a" thru "m". Motion carried. RESOLUTION NO. 6633 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Hercules Forwarding, Inc. for the Operation of a Truck and Freight Terminal at 3240 Bandini Boulevard, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6633 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider an application from Bert E. Jessup Transportation, Inc. for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 2720 26th Street in the City of Vernon, the time being 5:17 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Acting Director of Community Services, dated June 1, 1995, was presented, advising that Bert E. Jessup Transportation has applied for a Conditional Use Permit to operate a truck and freight terminal at 2720 26th Street, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. :;.; .~.g ::~'O I I City Council Minutes page 5 June 6, 1995 Bert E. Jessup Transportation was found to be categorically exempt from the California Environmental Quality Act process since they will be using an existing truck terminal and the facility is not being expanded. 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 will not have a significant effect on the environment, and no mitigating measures are required. This has been reviewed by the City Attorney and it is hereby recommended that the following actions be taken: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process. 2. A Notice of Exemption be filed with the County Clerk. 3. The Conditional Use Permit be granted to Bert E. Jessup Transportation contingent upon their adherence to the following Conditions: a. 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. The facility shall be operated in a manner that will prevent unsanitary conditions, odors, and other nuisances. Prior to occupancy a business license and occupancy permit shall be obtained. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2720 26th Street. b. 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. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed to meet City standards. c. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. d. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. e. No equipment or freight shall be stored on the site, other than in buildings, trailers, or on the docks. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. f. All required federal, state, local, and regulatory agency permits shall be obtained prior to operation. g. A hazardous materials inventory and business contingency plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. . ';5=:2.ii- I I City Council Minutes page 6 June 6, 1995 h. The current property owner shall submit documentation of hazardous materials closure for 2720 26th Street based on its prior operation by LAWI/CSA Consolidators, Inc. i. The property owner shall dedicate a 10 foot wide strip of land adjoining the subject property in order to widen the street to 30 feet wide south of the centerline of 26th Street as shown on the Master Plan of City Streets dated June 16, 1992. Five additional feet of sidewalk and driveway shall be constructed to increase the roadway width of 26th Street to 30 feet as measured from the street centerline. A portion of the planter shall be relocated behind the new right-of-way line. The Fire Department connection, post indicator valve, and a portion of pipe shall be relocated behind the new right-of-way line. All existing cracked sidewalk, curb, and gutter adjacent to the site in 26th Street shall be repaired to meet City standards. j. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. Wilson. The Mayor asked if there were any questions of Mr. Councilman Davis asked if the company had two driveways now. Mr. Wilson said no, they have just one. The Mayor asked if anyone in the audience had any questions of the City Councilor Mr. Wilson. There were no questions. It was moved by Ybarra, seconded by Gonzales, to close the Public Hearing regarding the request from Bert E. Jessup Transportation, Inc., for a Conditional Use Permit, the time being 5:20 p.m. Motion carried. It was communication from dated June 1, 1995 filed as evidence. moved by Gonzales, seconded by Davis, that the the Acting Director of Community Services and all supporting documents be received and Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by Davis, seconded by Gonzales, that a Notice of Exemption be filed with the County Clerk. It was moved by Gonzales, seconded by Ybarra, that the Conditional Use Permit be granted to Bert E. Jessup Transportation, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "j". Motion carried. RESOLUTION NO. 6634 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Bert E. Jessup Transportation, Inc. for the Operation of a Truck and Freight Terminal at 2720 26th Street, was presented. 5-218: I I City Council Minutes page 7 June 6, 1995 It was moved by Ybarra, seconded by Davis, that Resolution No. 6634 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz dated May 5, 1995, was presented, requesting authority and funds to attend the 1995 Annual Los Angeles County Police Chiefs' Executive Seminar in Palm Springs, June 7-9, 1995, with an expense allowance of $352.08 of which $237.04 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Police Chief Louis Rosenkrantz to attend the aforementioned seminar with an expense allowance of $352.08. Motion carried. Communication from Police Chief Louis Rosenkrantz dated May 9, 1995, was presented, requesting authority and funds for Captain James Mason to attend the "Future of Police Training" course in Pacific Grove, California, June 13-15, 1995, with an expense allowance of $589.51 of which $451.44 will be reimbursed by POST. It was moved by Davis, seconded by Gonzales, that authority be granted for Captain James Mason to attend the afore- mentioned course with an expense allowance of $589.51. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated May 9, 1995, was presented, requesting authority and funds for utility Clerk Claudia Gomez to attend the "Newsletters" seminar in Pasadena on July 11, 1995 with an expense allowance of $312.50, was presented. It was moved by Ybarra, seconded by Gonzales, that the aforementioned matter be referred back to the City Administrator. Motion carried. Communication from Police Chief Louis Rosenkrantz dated May 15, 1995, was presented, requesting authority and funds for Officer Charles Solano to attend the Field Training Officer Course in San Bernardino, June 12-15, 1995, with an expense allowance of $259.80 of which $190.80 will be reimbursed by POST. It was moved by Davis, seconded by Ybarra, that authority be granted for Officer Charles Solano to attend the aforementioned course with an expense allowance of $259.80. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 16, 1995, was presented, advising that the agreement with Southeast Area Animal Control Authority (SEAACA) expires on June 30, 1995, and transmitting an amendment to the agreement which would extend animal control services for 1995/96 with no increase in hourly rates or fees. This has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that said Amendment be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated May 16, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6631 - A Resolution of the City Council of the City of Vernon Approving the Extension of the Animal Control Services Contract with Southeast Area Animal Control Authority (SEAACA) for an Additional Year, July 1, 1995 to June 30, 1996, and Authorizing the Execution of an Amendment to Said Agreement, was presented. ~. 5211 I I City Council Minutes page 8 June 6, 1995 It was moved by Davis, seconded by Gonzales, that Resolution No. 6631 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 22, 1995, was presented, requesting authority and funds for Gloria Orosco, Chief Deputy City Clerk, to attend the Southern California City Clerks Association "Communication Confidence and Power" Seminar in Ventura on June 23, 1995 with an expense allowance of $82.50. It was moved by Ybarra, seconded by Gonzales, that authority be granted for the Chief Deputy City Clerk, Gloria Orosco, to attend the aforementioned seminar with an expense allowance of $82.50. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated May 31, 1995, was presented, requesting authority and funds for Richard Fayette, Police Cadet, and Hector Figueroa, Civilian Court Officer, to attend the Corrections Officer Core Course at Riverside Sheriff's Academy, June 8-30, 1995, with an expense allowance of $1,527.77 each. Mayor Malburg inquired about the criteria and the need for this seminar. Louis Rosenkrantz, Police Chief, responded that the seminar was a requirement of POST and that it was necessary as the department is lagging behind in meeting the standards required. It was moved by Davis, seconded by Ybarra, that authority be granted for Police Cadet Richard Fayette and Civilian Court Officer Hector Figueroa to attend the aforementioned course with an expense allowance of $1,527.77 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 31, 1995, was presented, advising that the City has participated in the first six cycles of the State-Local Transportation Partnership Program (SLTPP) which provides state funds to local agencies on highway and mass transit projects. For the 1995-96 fiscal year, the City is proposing to resurface portions of Soto Street, Vernon Avenue, Bandini Boulevard and 26th Streets at an estimated cost of $452,000, and by participating in Cycle Seven of the SLTPP, the City would be eligible to be reimbursed a minimum of $45,200 on the projects. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that approval be granted to submit the necessary applications to participate in Cycle Seven of said program. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated May 31, 1995, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6632 - A Resolution of the City Council of the City of Vernon Approving Applications for State- Local Transportation Partnership Program Funds, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6632 be approved and adopted. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated May 31, 1995, was presented, transmitting results as listed below of bids received and opened this date in accordance with Contract No. 526, 50th Street and 52nd Street Improvement: 5211;. . 'f":"~' .~i'" I I City Council Minutes page 9 June 6, 1995 Vasilj, Inc. dba IVANKO Excel Paving Company Damon Construction Company $ 312,981.80 324,905.90 392,545.16 The bids have been reviewed by staff, and it is hereby recommended that the contract be awarded to Vasilj, Inc. dba IVANKO on the basis of their bid in the amount of $312,981.80. It was moved by Ybarra, seconded by Davis, that the communication from the Acting Director of Community Services dated May 31, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6635 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Vasilj, Inc. dba IVANKO for 50th Street and 52nd Street Improvement in Accordance with Contract No. 526 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6635 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 1, 1995, was presented, advising that Kevin Wilson, Acting Director of Community Services, is recommending that the below listed employees be recognized for their superior performance during the past twelve months, and that each be awarded a Level 1 SPIRITS Award (Superior Performance or Ideas Resulting in Tangible Savings): Gary Sawyer, Utilityman II Tom Kennedy, Engineering Aide Hector Vasquez, utilityman III Patricia Salerno, Secy. to the Dir. of Community Services It was moved by Ybarra, seconded by Gonzales, that the above listed employees be awarded a Level 1 SPIRITS Award. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 1, 1995, was presented, transmitting an Agreement for the Sale of Non-Firm Energy by Salt River Project to the City of Vernon. This agreement provides for the City to purchase a block of non-firm energy for the period July 1, 1995 through December 31, 1995 under WSPP Service Schedule C. This has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that said agreement be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated June 1, 1995 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. 6640 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for the Sale of Non-Firm Energy By and Between the Salt River Project and the City of Vernon in Accordance with Service Schedule C of the Western Systems Power Pool Agreement, was presented. 52:1~5'-< ',' _J ",... .:..; I I City Council Minutes page 10 June 6, 1995 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6640 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 June 1, 1995, was presented, transmitting a Supplement to Master Service Contract Schedule A with the Southern California Gas Company. This Supplement amends Schedule A to the Master Service Agreement extending intrastate transmission service for two additional years from August 1, 1995 through July 31, 1997 for transportation of gas for the turbines. This has been reviewed by the Director of Light and Power and the CLty Attorney, and it is hereby recommended that said Supplement be approved and executed. It was moved by Davis, seconded by Ybarra, that the communication from the City Clerk dated June 1, 1995 be received and filed, and that his recommendation be approved. Motion carried. Mayor Malburg abstained from voting on this matter. RESOLUTION NO. 6639 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Supplement to Master Services Contract Schedule A, Account No. 18-2024-437-877-1, By and Between the City of Vernon and the Southern California Gas Company, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6639 be approved and adopted. Motion carried. Mayor Malburg abstained from voting on this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated June 1, 1995, was presented, recommending that approval be granted for the City to file an application for participation in the County of Los Angeles's Recycling Market Development Zone at a cost not to exceed $5,000. Participation in the zone will be beneficial to industries that use recycled materials in their manufacturing operation, and will also be a tool to attract businesses. It was moved Davis, seconded by Ybarra, that the communication from the City Clerk dated June 1, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6637 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Filing of an Application with the County of Los Angeles to Participate in the Recycling Market Development Zone, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6637 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 1, 1995, was presented, advising that Akzo Nobel Chemicals, Inc. ("AKZO") intends to close their plant on Washington Boulevard and is hoping to expand the facility located on Bandini Boulevard in Vernon. They have requested that the County of Los Angeles provide tax rebate benefits pursuant to AB 1823 in order to assist in maintaining the Vernon Plant, and have also requested that the City of Vernon provide AB 1823 benefits. This has been reviewed by the City Attorney, and it is hereby recommended that the City Administrator and staff be authorized 5,2,1):4; I I City Council Minutes page 11 June 6, 1995 to work with Akzo Nobel in meeting the criteria for receiving tax rebates as specified in AB 1823 and report back to the City Council with recommendations. Mr. Richard Newman, Controller of Akzo Nobel Chemicals, Inc., addressed the City Council and expressed appreciation for the energy the City has extended to them and the support they have received. He stated they are closing the Washington Boulevard site and will expand the Bandini Boulevard site at a cost of approximately $35 million most of which will go into the manufacturing end of the company. It was moved by Ybarra, seconded by Davis, that the City Administrator and the staff of the City of Vernon work with Akzo Nobel in meeting the criteria for receiving tax rebates as specified in AB 1823 and report back to the City Council with recommendations. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated May 31, 1995, was presented, advising that Contract No. 523, Rehabilitation of Reservoir 2-3 has been completed. The total contract amount is $175,624.87. A final partial payment totaling $10,727.43 is now due, with the remaining ten percent, or $17,562.49, payable thirty-five days after acceptance of the work. It is hereby recommended that the work be accepted and that authority be granted to pay the contractor, Spiess Construction Co. Inc., P.O. Box 2849, Santa Maria, California 93457. It was moved by Ybarra, seconded by Davis, that the communication from the Acting Director of Community Services dated May 31, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6636 - A Resolution of the City Council of the City of Vernon Accepting the Work of Spiess Construction Co., Inc., In Accordance with Contract No. 523 of the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6636 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated June 1, 1995, transmitting the Agenda for the Personnel Committee Meeting to be held June 5, 1995, for approval of the recommendations contained therein. It was moved by Ybarra, 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 June 1, 1995, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee Meeting held May 11, 1995, and the Adjourned Finance Committee Meeting held May 22, 1995, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, to approve the recommendations contained in the Minutes of the Adjourned Regular Finance Committee Meeting held May 11, 1995, and the Adjourned Finance Committee Meeting held May 22, 1995. Motion carried. 5213 \ I I City Council Minutes page 12 June 6, 1995 Communication from Bruce V. Malkenhorst, Director of Finance, dated June 1, 1995, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held June 5, 1995, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, to approve the recommendations contained in the Agenda for the Adjourned Finance Committee Meeting held June 5, 1995. Motion carried. RESOLUTION NO. 6638 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Special Services By and Between the City of Vernon and Liebert, Cassidy & Frierson, a Professional Corporation to Provide Special Legal Services Pertaining to Employment Relations Matters and For Participation By the City in the South Bay Employee Relations Consortium Training Sessions in 1995, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6638 be approved and adopted. Motion carried. RESOLUTION NO. 6641 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Sale of Surplus Property From the Community Services Department, the Police Department, the Fire Department, and the City Adminis- trator's Department (Redevelopment) Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6641 be approved and adopted. Motion carried. RESOLUTION NO. 6642 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6465, Which Approved a Budget for the Fiscal Year 1994-95, To Reflect Increases, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6642 be approved and adopted. Motion carried. WARRANT REGISTER NO. 915 covering claims and demands presented during the period of May 12 thru June 1, 1995, drawn on the First Interstate Bank totaling $285,590.02, which includes Demand Nos. 51924 thru 52131 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period June, 1995), was examined and audited: 51951 51952 51963 51964 51967 51973 51974 51975 51976 51984 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 915 be approved and payment authorized for claims and demands totaling #285,590.02, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 915 covering claims and demands presented during the period of May 12 thru June 1, 1995, drawn on the First Interstate Bank totaling $1,572,558.73, which includes Light and Power Demand Nos. as listed below (accounting period June, 1995) was examined and audited: 51926 51937 51938 51940 51944 51945 51946 51947 51970 51972 51980 51985 52091 52092 52093 52100 52115 52116 52119 52120 52005 52009 52011 52015 52040 52050 52053 52065 ffi~ I I City Council Minutes page 13 June 6, 1995 51941 51942 51943 51948 51957 51969 51986 51990 51995 52102 52103 52110 52125 52129 52130 52032 52033 52034 52073 52076 52084 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 915 be approved and payment authorized for claims and demands totaling $1,572,558.73. 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. Mayor Malburg called a recess at 5:48 p.m. The Council reconvened in regular session at 5:57 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:57 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, Chief of Police, Acting Director of Community Services, and the employee classified as utilityman II. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE 1) Police Officer The utilityman II was excused from the Closed Session at 6 p.m. The second utilityman II entered the Closed Session at 6 p.m. The second utilityman II was excused from the Closed Session at 6:11 p.m. The Acting Director of Community Services was excused from the Closed Session at 6:12 p.m. The Police Officer entered the Closed Session at 6:12 p.m. The Police Officer was excused from the Closed Session at 6:41 p.m. The Chief of Police was excused from the Closed Session at 7:02 p.m. It was moved by Ybarra, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 7:05 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council to into Closed Session to confer on Item Nos. 2, 3 and 4 listed below, the time being 7:06 p.m. Motion carried. 5211 I I City Council Minutes page 14 June 6, 1995 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. 2. With respect to every item of business to be discussed in Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) City of Vernon vs. Central Basin Municipal Water District, LASC No. BC 121124; (b) City of Vernon, et ale vs. City of Los Angeles, et al., LASC NO. bs 032326 (c) CPUC Docket No. A.93-09-006 (BCAP); (d) The Atchison, Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510 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 4. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Alejandro Lopez aka Franco Alejandro Lopez aka Alejandro Lopez Franco aka Franco Lopez Agency claimed against: City of Vernon Claimant: Fidel Rodriguez Alvardo aka Fidel Rodriguez Agency claimed against: City of Vernon It was moved by Ybarra, seconded by Davis, to go out of Closed Session and resume regular session, the time being 7:15 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, to go into Closed Session to again confer on Item No. 1 listed below, the time 7:15 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. 5210 I I City Council Minutes page 15 June 6, 1995 The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE 1) Police Officer It was moved by Ybarra, seconded by Davis, to go out of Closed Session and resume regular session, the time being 7:20 p.m. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated June 1, 1995, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held June 5, 1995, for approval of the recommendations contained therein. (Deferred from earlier in the meeting.) It was moved by Davis, seconded by Ybarra, to approve the recommendations listed on the Agenda for the Personnel Committee Meeting held June 5, 1995. Motion carried. It was moved by Davis, seconded by Gonzales, that the Police Officer be terminated effective at the end of the business day. Motion carried. It was moved by Ybarra, seconded by Davis, that the utilityman II be disciplined as recommended by the City Clerk and the Acting Director of Community Services. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the second Utilityman II be disciplined as recommended by the City Clerk. Motion carried. It was moved by Gonzales, seconded by Ybarra, the City Attorney be authorized to join on behalf of the City of Vernon in an amicus brief to be filed in the United States Supreme Court urging that the Ninth Circuit Opinion in Behrens v. Pelletier be reversed. Motion carried. There being no further business to come before the Council at this time, it was moved by Gonzales, seconded by Ybarra, that the meeting adjourn. Motion carried. ~"~ 1\ ~pc~~-tt~ . , (Leonis C. MallSt.urg z.r Mayor ATTEST: /~ ~ /#/U'~~"' Bruce V. Malkenhorst City Clerk ,520-9' .~-4-_-::-'