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19950801 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 1, 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, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held July 11, 1995, be approved as submitted and adopted. Motion carried. The Mayor presented a Five Year Service Pin to Sharon Capper, Customer Service Representative, and extended congratu- lations on behalf of the entire City Council. The following employees were unable to attend the meeting and their Service Pins were accepted by their respective department head or supervisor: Lora Lozano, Senior Dispatcher - 10 Years Jose Pereyra, Diesel Operator - 5 Years The Mayor called a recess at 5:09 p.m. The Council reconvened in regular session at 5:11 p.m., all members present before the recess again being present. Police Department Activity Log for the period July 1 thru 15, 1995, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the Period July 1 thru 15, 1995, be received and filed. Motion carried. Police Department Activity Log for the period July 16 thru 31, 1995, was presented. It was moved by Ybarra, seconded by McCormick, that the Police Department Activity Log for the period July 16 thru 31, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period July 1 thru 15, 1995, was presented. It was moved by Davis, seconded by McCormick, that the Fire Department Activity Report for the period July 1 thru 15, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period July 16 thru 31, 1995, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period July 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. 52" I I City Council Minutes page 2 August 1, 1995 There was no one present in the audience who wished to address the City Council at this time. Communication from Bruce V. Malkenhorst, City Clerk, dated July 25, 1995, was presented, advising that at the Council Meeting held July 11, 1995, the matter of the application from North American Land and Leasing Corporation for a Variance from the Comprehen- sive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 3620 Santa Fe Avenue was deferred to this meeting. Upon further review by the Acting Director of Community Services, it is hereby recommended that the request for a variance be denied as the company is unable to meet the conditions pertaining to truck loading and maneuvering requirements. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated July 25, 1995 and all supporting documents be received and filed, and that the request for a Variance from North American Land and Leasing Corporation be denied. Motion carried. RESOLUTION NO. 6644 - A Resolution of the City Council of the City of Vernon Denying a Variance to North American Land and Leasing Corporation from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 3620 Santa Fe Avenue in the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6644 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Castrol Industrial North America, Inc. for a Conditional Use Permit to allow the applicant to operate a petroleum related use at 5511 District 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 July 27, 1995, was presented, advising that Castrol Industrial North America, Inc. has applied for a Conditional Use Permit to operate a petroleum related use at 5511 District Boulevard, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Initial Study; 4. Notice of Public Hearing, Notice of Intent, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. 5. Proposed Negative Declaration; 6. Proposed Mitigation Monitoring Plan. It is the opinion of the Acting Director of Community Services that the proposed operation will pose no adverse effects to the City of Vernon and, with the required mitigating measures, will have no significant effects on the environment. The project is consistent with the General Plan as adopted by the City of Vernon, and it is hereby recommended that the following Conditions be placed on the Conditional Use Permit: $2..6a~ I I City Council Minutes page 3 August 1, 1995 a. The facility shall be operated in accordance 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, or other nuisances. A Business License and Occupancy Permit shall be maintained. b. Class I and Class II liquids shall not be stored in above-ground tanks. c. 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 and maintained to meet City standards. d. Plans for improvements to the facility and con- struction of structures shall be submitted to both the City of Vernon's Community Services and Health Departments for review and approval. e. All required federal, state, local, and regulatory agency permits shall be obtained and maintained. f. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. g. Castrol shall repair any broken, cracked or dis- placed sidewalk, curb, or gutter adjoining the site. h. Castrol shall obtain rights for ingress and egress from the Los Angeles Junction Railway Company for the property to the south of the facility. i. Castrol shall perform the mitigating measures set forth herein and in the Mitigation Monitoring Program entitled Castrol Industrial North America, Inc. Petroleum Related Use Dated July 26, 1995. Based on the aforementioned infor.mation, it is hereby recommended that the City Council make the following deter.minations: 1) That the project is consistent with the General Plan as adopted by the City of Vernon. 2) That the project will not have a significant effect on the environment in this case because of the mitigating measures contained in the Negative Declaration; and 3) That the project will not individually or cumulatively have an adverse effect on wildlife resources. It is also recommended that: 1. A Negative Declaration be adopted with the following Mitigating Measures: A. Castrol Industrial North America, Inc. shall provide secondary containment for all stored hazardous materials. '261 I I City Council Minutes page 4 August 1, 1995 B. Castrol Industrial North America, Inc. shall have onsite spill response resources, and shall contract at all times with a private firm to provide emergency spill response services. Castrol Industrial North America, Inc. shall submit for approval by the Vernon Health Department an Emergency Response Action Plan and a Facility Response Plan which shall be updated as necessary. D. 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. Only those substances approved by the Health and Fire Departments shall be stored, used, or handled at the site. Hazardous materials/ wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. C. E. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. 2. A Notice of Determination and a De Minimis Finding be Filed with the County Clerk. 3. A Mitigation Monitoring Program be approved. It is further recommended that a Conditional Use Per.mit be granted to Castrol Industrial North America, Inc. subject to the Negative Declaration and its Mitigating Measures and the aforementioned Conditions set forth as "a" thru "i". The Mayor asked if the Council had any questions. There were no questions. The Mayor asked if there was anyone in the audience who had any questions. There were no questions. It was moved by Davis, seconded by McCormick, to close the Public Hearing regarding the request for a Conditional Use Permit from Castro1 Industrial North America, Inc., the time being 5:16 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the Acting Director of Community Services dated July 27, 1995 and all supporting documents be received and filed as evidence. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City 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 Davis, that the City Council hereby determines that the Project will not have a significant effect on the environment in this case because of the mitigating measures contained in the Negative Declaration. Motion carried. It was moved by Ybarra, seconded by Davis, that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. 5260 I I City Council Minutes page 5 August 1, 1995 It was moved by McCormick, seconded by Gonzales, that a Negative Declaration be adopted with the aforementioned Mitigating Measures set forth as "A" thru "E". Motion carried. It was moved by Ybarra, seconded by Gonzales, that a Notice of Determination and a De Minimis Finding be filed with the County Clerk. Motion carried. It was moved by Davis, seconded by McCormick, that the Mitigation Monitoring Program be approved. Motion carried. It was moved by Ybarra, seconded by Davis, that a Conditional Use Permit be granted to Castrol Industrial North America, Inc. subject to the Negative Declaration and its Mitigating Measures and the aforementioned Conditions set forth as "a" thru "in. Motion carried. RESOLUTION NO. 6664 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Castrol Industrial North America, Inc. for the Operation of a Petroleum Related Use at 5511 District Boulevard, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6664 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by McCormick, to open the PUBLIC HEARING to consider a request from Southern Counties Transport for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 2043 Ross Street in the City of Vernon, the time being 5:20 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 July 27, 1995, was presented, advising that Southern Counties Transport has applied for a Conditional Use Permit to operate a truck and freight terminal at 2043 Ross 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. Southern Counties Transport 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, and it is hereby recommended that the following Conditions be placed on the Conditional Use Permit for Southern Counties Transport: a. The facility shall be operated in accordance 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, or other nuisances. A business license and occupancy permit shall be maintained. 5259. I I City Council Minutes page 6 August I, 1995 b. 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. c. 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 and maintained to meet City standards. d. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. e. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. f. 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. g. All required federal, state, local, and regulatory agency permits shall be obtained prior to operation. h. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. i. The current property owner shall submit docu- mentation of hazardous materials closure for 2043 Ross Street based on its prior operation by LAWI/CSA Consolidators, Inc. j. All existing cracked sidewalk, curb, and gutter adjacent to the site in Ross Street shall be repaired and maintained to meet City standards. k. 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 and must have electrical power at all times. Southern Counties Transport shall provide a system to positively shut down the tank's turbine pump in the event of a leak alarm and provide a state-of-the-art overspill protection for each tank and fill opening. The tanks and dispensers shall meet all current City Codes. 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. ~~ 5218 I I City Council Minutes page 7 August 1, 1995 3. The Conditional Use Permit be granted to Southern Counties Transport contingent on their adherence to the aforementioned Conditions set forth as "a" thru "k". The Mayor asked if anyone on the City Councilor in the audience had any questions. There were no questions. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing regarding the request from Southern Counties Transport for a Conditional Use Permit, the time being 5:22 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the Acting Director of Community Services dated July 27, 1995 and all supporting documents be received and filed as evidence. Motion carried. It was moved by McCormick, 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 Ybarra, seconded by Davis, that a Notice of Exemption be filed with the County Clerk. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Conditional Use Permit be granted to Southern Counties Transport contingent on their adherence to the aforementioned Conditions set forth as "a" thru "k". Motion carried. RESOLUTION NO. 6665 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Southern Counties Transport for the Operation of a Truck and Freight Terminal at 2043 Ross Street, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6665 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Harcros Pigments, Inc. for a Variance to allow the tenant to utilize ten non- conforming truck loading spaces at 2800 Ayers Avenue in the City of Vernon, the time being 5:27 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 July 20, 1995, was presented, advising that Harcros Pigments, 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 2800 Ayers 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 five conforming truck loading spaces and ten non-conforming spaces that are 10 feet wide and various lengths. The Company is proposing to use only vehicles of a smaller length at the non-conforming spaces. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted contingent upon the following Conditions: 52 Sit" I I City Council Minutes page 8 August 1, 1995 a. The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. b. All existing and future tenants shall be noti- fied of this restriction and a condition stating this shall be placed in all future leases. The Mayor asked if anyone had any questions. There were no questions. It was moved by McCormick, seconded by Davis, to close the Public Hearing regarding the request from Harcros Pigments, Inc. for a Conditional Use Permit, the time being 5:27 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 24, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to Harcros Pigments, Inc. contingent upon their adherence to the aforementioned Conditions set forth as "a" and "b". Motion carried. RESOLUTION NO. 6662 - A Resolution of the City Council of the City of Vernon Granting a Variance to Harcros Pigments, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 2800 Ayers Avenue in the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6662 be approved and adopted. Motion carried. It was moved by Davis, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Albert Gerrick, Trustee, et al. for a Variance to allow the tenant to utilize four non-conforming truck loading spaces at property located at 4510 Seville Avenue in the City of Vernon, the time being 5:28 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 July 24, 1995, was presented, advising that Albert Gerrick, Trustee, et al. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-7, Development Standards for the building located at 4510 Seville 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 at the site has been vacant for more than one year, and in accordance with the Zoning Ordinance, the building is required to be brought into confor.mance with all regulations of its zone. The building has one conforming truck loading space and six non- conforming spaces with five spaces that are 10 feet wide and 50 feet long and one space that is 10 feet wide and 4 feet long. Three docks will be eliminated to provide required automobile parking and the building would be brought up to code in all other respects. This has been reviewed by the Acting Director of Community Services and because the truck parking, loading, and maneuvering requirements cannot be met due to the size of the lot, it is hereby recommended that the Variance be denied. 5254, I I City Council Minutes page 9 August 1, 1995 The Mayor asked if anyone had any questions or comments. There were no questions or comments. It was moved by Ybarra, seconded by McCormick, to close the Public Hearing regarding the request from Albert Gerrick, Trustee, et al. for a Variance, the time being 5:37 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Communication from the City Clerk dated July 24, 1995 and all supporting documents be received and filed as evidence, and that the Variance request be denied. Motion carried. RESOLUTION NO. 6666 - A Resolution of the City Council of the City of Vernon Denying a Variance to Albert Gerrick, Trustee, et al. From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4510 Seville Avenue in the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6666 be approved and adopted. Motion carried. Communication from Fire Chief Dave Telford, dated July 6, 1995, was presented, requesting authority and funds for Fire Engineer Dan Kimes and Firefighter Craig Peltier to attend ,the 6th Annual Hazardous Materials Emergency Response Workshop in ; Sacramento , September 5-8, 1995, with an expense allowance of $867.08 and $842.08 respectively. It was moved by Ybarra, seconded by Davis, that authority be granted for Fire Engineer Dan Kimes and Firefighter Craig Peltier to attend the aforementioned workshop with an expense allowance of $867.08 and $842.08 respectively. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated July 11, 1995, was presented, advising that the Traffic Signal Maintenance Agreement with Signal Maintenance, Inc. expires August 31, 1995. The contract provides for extension by mutual agreement, and the company has indicated that they would like to continue under the present contract and they are not requesting a fee adjustment for the next Year. This has been reviewed by the City Attorney, and it is hereby recommended that the agreement be extended to August 31, 1996. It was moved by McCormick, seconded by Gonzales, that the communication from the Acting Director of Community Services dated July 11, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6660 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a One Year Extension of Contract No. 443 (1995/1996) By and Between the City of Vernon and Signal Maintenance, Inc, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6660 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 18, 1995, was presented, recommending that Mayor Leonis C. Malburg and Mayor Pro Tem Thomas Ybarra be appointed as Voting Delegate and Voting Alternate at the League of California Cities Annual Conference to be held in San Francisco, October 22 thru 24, 1995. 5 25~2; I I City Council Minutes page 10 August 1, 1995 It was moved by Davis, seconded by McCormick, that Mayor Leonis C. Malburg and Mayor Pro Tem Thomas Ybarra be appointed as Voting Delegate and Voting Alternate at the League of California Cities Conference in San Francisco, October 22 thru 24, 1995. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 18, 1995, was presented, transmitting Program Supplement No. 007 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5139 with the State of California Department of Trans- portation. The City has scheduled the resurfacing of portions of 50th and 52nd Streets. These streets were nominated for partial funding under Cycle 5 of this program, and the City may be eligible to receive approximately $28,269 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. 007 be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated July 18, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6661 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Program Supplement No. 007 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 McCormick, seconded by Davis, that Resolution No. 6661 be approved and adopted. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated July 18, 1995, was presented, requesting authority and funds for Senior Environmental Health Specialist Jim Wilcox and Environmental Health Specialist Tim Blank to attend the 6th Annual Hazardous Materials Emergency Response Workshop in Sacramento, September 5-8, 1995, with an expense allowance of $753.56 and $603.56 respectively. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Jim Wilcox and Tim Blank to attend the aforementioned workshop with an expense allowance of $753.56 and $603.56 respectively. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 19, 1995, was presented, advising that in January Pacific Apparel Xpress was issued a temporary occupancy certificate for the property at 3228 50th Street contingent upon their completion of certain frontage improvements. Currently, the City has scheduled improvements on 50th Street as part of Contract No. 526, and Pacific Apparel Xpress is requesting that the City complete the required improvements, rather than hiring a contractor themselves. The company has paid the estimated cost of $12,000 for the work. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that Public Improvements Agreement No. 13 with Pacific Apparel Xpress be approved and executed. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated July 19, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6663 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Public Improvements Agreement No. 13 By and Between the City of Vernon and Pacific Apparel Xpress, Inc., was 525;,4 presented. I I City Council Minutes page 11 August 1, 1995 It was moved by Ybarra, seconded by Davis, that Resolution No. 6663 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 25, 1995, was presented, transmitting an Engineer's Report pertaining to a request from Kal Kan for a Variance from the National Electrical Code, Article 110-16 (Table 110-16a) for their Motor Control Center (MCC) in their meat processing facility located at 3376 E. 44th Street. The code specifies certain working space requirements, and the room where the equipment will be placed will only allow a clearance of 43 inches while the code requires 48 inches. To relocate the existing equipment would cause a hardship to Kal Kan, and the additional conductor splices and termination required by the relocation would also raise safety and reliability concerns. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted to Kal Kan with the following Condition: 1. A minimum of two signs shall be posted within the subject equipment room prohibiting the concurrent opening of opposing Motor Control Center buckets. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated July 25, 1995 and all supporting documents be received and filed, and that the Variance from the National Electrical Code, Article 110-16 (Table 110-16a) be granted to Kal Kan. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated July 25, 1995, was presented, requesting authority and funds to attend the International Conference of Building Officials Annual Conference in Clark County, Nevada, September 10-15, 1995, with an expense allowance of $1,012.50. It was moved by Ybarra, seconded by Davis, that authority be granted for Kevin Wilson to attend the afore- mentioned conference with an expense allowance of $1,012.50. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated July 26, 1995, was presented, requesting authority and funds to attend the California Conference of Directors of Environmental Health in Tahoe City, September 26-29, 1995, with an expense allowance of $1212.64. It was moved by McCormick, seconded by Gonzales, that authority be granted for Lewis Pozzebon to attend the afore- mentioned conference with an expense allowance of $1212.64 Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 27, 1995, was presented, advising that staff has been meeting with Southern California Edison Company to attempt to settle the matter of the offering and implementation of interruptible electric service sought by Vernon (the remaining issue of FERC Docket No. ER81-177). This has been reviewed by the City Attorney, and it is hereby recommended that the City enter into a Settlement Agreement in FERC Docket NO. ER81-177 with Southern California Edison Company relating to Wholesale Interruptible Service. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 27, 1995 be received and filed, and that his recommendation be approved. 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. .:, ~o 52ai~:' I I City Council Minutes page 12 August 1, 1995 RESOLUTION NO. 6668 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Settlement Agreement Between Southern California Edison Company and City of Vernon, California Relating to Wholesale Interruptible Service and FERC Docket No. ER81-177, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6668 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 July 27, 1995, was presented, advising that the City of Vernon, Southern California Edison Company and the Cities of Anaheim, Azusa, Banning, Colton, Riverside and M-S-R Public Power Agency have been negotiating the settlement of scheduling and dispatching service issues in FERC Docket No. ER95-139. This has been reviewed by the City Attorney, and it is hereby recommended that the City of Vernon enter into the 1995 Settlement Agreement in FERC Docket No. ER95-139 between Southern California Edison Company and certain other transmission service customers. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated July 27, 1995 be received and filed, and that his recommendation be approved. 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. RESOLUTION NO. 6667 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a 1995 Settlement Agreement Between Southern California Edison Company and Certain Transmission Service Customers Relating to Scheduling and Dispatching Charges, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No 6667 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. Ma1kenhorst, Director of Personnel, dated July 28, 1995, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held July 31, 1995, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations contained in the Agenda for the Personnel Committee Meeting held July 31, 1995 be approved. Motion carried. WARRANT REGISTER NO. 919 covering claims and demands presented during the period of July 7 thru July 27, 1995, drawn on the First Interstate Bank totaling $259,781.48, which includes Demand Nos. 52611 thru 52804 {inclusive} and excluding Light and Power Demands and Void Demand Nos. 52672 thru 52674 {inclusive} and 52800 thru 52804 {inclusive} {accounting period June paid in August, 1995} was examined and audited. It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 919 be approved and payment authorized for claims and demands totaling $259,781.48, excluding Light and Power Demands. Motion carried. 5252 I I City Council Minutes page 13 August 1, 1995 WARRANT REGISTER NO. 919 covering claims and demands presented during the period of July 7 thru July 27, 1995, drawn on the First Interstate Bank totaling $1,855,267.68, which includes Light and Power Demand Nos. as listed below (accounting period June paid in August, 1995) was examined and audited: 52623 52651 52660 52669 52705 52733 52769 52788 52625 52652 52661 52671 52709 52735 52772 52791 52627 52653 52663 52676 52712 52742 52775 52793 52645 52654 52664 52689 52720 52753 52776 52794 52648 52656 52667 52696 52721 52759 52777 52799 52650 52659 52668 52699 52728 52760 52783 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 919 be approved and payment authorized for claims and demands totaling $1,855,267.68. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. PAYROLL WARRANT REGISTER NO. 469 covering claims and demands presented during the period of May 14 thru June 10, 1995, drawn on the First Interstate Bank totaling $1,522,685.95 which includes Demand Nos. 8014 thru 8050 (inclusive) (accounting period June 1995) was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 469 be approved and payment authorized for claims and demands totaling $1,522,685.95. Motion carried. WARRANT REGISTER NO. 918 covering claims and demands presented during the period of July 7 thru July 27, 1995, drawn on the First Interstate Bank totaling $384,104.00 which includes Demand Nos. 52580 thru 52885 (inclusive), and excluding Demand Nos. 52611 thru 52804 (inclusive), and also excluding Light and Power Demand Nos. 52608 thru 52610 (inclusive) and 52805 thru 52807 (inclusive) and 52814 (accounting period August, 1995) was examined and audited. It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 918 be approved and payment authorized for claims and demands totaling $384,104.00, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 918 covering claims and demands presented during the period of July 7 thru July 27, 1995, drawn on the First Interstate Bank totaling $669,905.71, which includes Light and Power Demand Nos. as listed below (accounting period August, 1995) was examined and audited: 52584 52587 52591 52593 52594 52595 52599 52603 52606 52813 52815 51818 52820 52824 52828 52831 52864 52867 52876 52880 52881 52882 52884 52836 52844 52850 52863 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 918 be approved and payment authorized for claims and demands totaling $669,905.71. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have material financial effect on his source of income. The City Clerk recommended that the following matter should be referred to the Finance Committee for their review. Consideration of Family and Medical Leave Policy as submitted by Joan Francone, Risk Manager/Personnel Assistant. It was moved by Ybarra, seconded by Gonzales, that the aforementioned matter be referred to the next Finance Committee Meeting. Motion carried. 3:25t I I City Council Minutes page 14 August 1, 1995 The City Attorney recommended that the next item be removed from the Agenda. Consideration of a Professional Engineering Consultant Services Agreement with R.W. Beck and Associates in order to study the reliability of the proposed transmission service arrangements between Adelanto, Victorville and Lugo which will provide an interconnection with the Southern California Edison system for the Mead-Phoenix/Mead-Adelanto Project. (Submitted by Kenneth DeDario, Director of Light and Power, July 27, 1995.) It was moved by Ybarra, seconded by McCormick, that the aforementioned matter be removed from the Agenda. Motion carried. The Mayor called a recess at 6:06 p.m. The Council reconvened in regular session at 6:09 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session to Confer on Item No. 1 listed below, the time being 6:09 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, and the Chief of Police. 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 The Police Chief was excused from the Closed Session at 6:11 p.m. It was moved by Gonzales, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:12 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Police Officer be disciplined as recommended by the Chief of Police. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed to confer on Item Nos. 2, 3, and 4 listed below, the time being 6:12 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, and the 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 Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Rogelio Bedolla Garcia Agency claimed against: City of Vernon Claimant: Fidel Rodrigues a.k.a. Fidel Rodrigues Alvarado Agency claimed against: Ci ty of Vernon 5250 I I City Council Minutes page 15 August 1, 1995 Claimant: Alejandro Lopez Franco a.k.a Alejandro Lopez a.k.a. Franco Alejandro Lopez Agency claimed against: City of Vernon Claimant: API Security Inc. Agency claimed against: City of Vernon Claimant: George Mehanna Agency 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. 4. 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 vs. Central Basin. etc.. Zastrow. et al., LASC No. BC 130693; (c) Romo v. Vernon. et al. LAMC No. 94 C01494: (d) City of South Gate. et al. vs. City of Los Angeles. et a1., LASC No. BC 129447; (e) The Atchison. Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; (e) CPUC Docket No. A.93-09-006 (BCAP); (f) CPUC Docket No. A.91-03-039 (SoCalGas); It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:24 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, to accept the "Release of All Claims" executed by Roge1io Bedolla Garcia and that the claim be settled in the amount of $10,500. Motion carried. It was moved by McCormick, seconded by Davis, to accept the "Release of All Claims" executed by Fidel Rodrigues a.k.a. Fidel Rodrigues Alvarado and that the claim be settled in the amount of $9,000. Motion carried. It was moved by Gonzales, seconded by Ybarra, to accept the "Release of All Claims" executed by Alejandro Lopez Franco a.k.a. Alejandro Lopez a.k.a. Franco Alejandro Lopez, and that the claim be settled in the amount of $10,491.91. Motion carried. It was moved by Davis, seconded by Ybarra, to accept the "Release of All Claims" executed by Catherine Crewson for API Security, Inc., and that the claim be settled in the amount of $2,879.05. Motion carried. 52.9 I I City Council Minutes page 16 August 1, 1995 It was moved by McCormick, seconded by Gonzales, to deny the liability claim of George Mehanna. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Attorney be authorized to Jo~n on behalf of the City of Vernon in an amicus brief in Loder v. City of Glendale, Case No. S043548. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. c::..?:' r ;t .,~ z;.'. , ~"'~4';' ';lp ... .aUj,-"'"1 ./ -- Leon~s C. Mal~urg ayor ATTEST: /~ ~ Bruce V. Ma1kenhorst City Clerk s;,a,