19950905 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD SEPTEMBER 5,
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, McCormick, Davis, Gonzales
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 City Council Meeting held August I, 1995, be
approved as submitted and adopted. Motion carried.
It was moved by Mccormick, seconded by Gonzales, that
the Minutes of the City Council Meeting held August 15, 1995, be
approved as submitted and adopted. Motion carried.
The Mayor presented service pins to the following
employees and extended congratulations on behalf of the entire
City Council:
Bruce Malkenhorst, City Administrator - 20 Years
Louis Saenz, Utilityman - 15 Years
The following employees were unable to attend the
meeting and their service pins were accepted by Police Captain
Mason:
James Wohlt, Sergeant - 15 Years
David Zapien, Police Officer - 10 Years
Francisco Pirello, Police Officer - 5 Years
The Mayor called at recess at 5:07 p.m.
The Council reconvened in regular session at 5:10
p.m., all members present before the session again being present.
Police Department Activity Log for the period August
15 thru 31, 1995, was presented.
It was moved by Gonzales, seconded by Davis, that the
Police Department Activity Log for the period August 15 thru 31,
1995, be received and filed. Motion carried.
Fire Department Activity Report for the period August
15 thru 31, 1995, was presented.
It was moved by McCormick, seconded by Ybarra, that
the Fire Department Activity Report for the period August 15 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 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 City Council at this time.
There was no one who wished to address the Council.
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September 5, 1995
It was moved by McCormick, seconded by Gonzales, to
open the PUBLIC HEARING regarding proposed amendments to Sections
26.2.16, 26.4.2-6, 26.4.2-7, 26.4.2-8, 26.5.3-2, 26.5.3-3,
26.5.3-5, 26.5.3-6, and 26.5.3-7 of the Vernon Comprehensive
Zoning Ordinance and the addition of Section 26.4.2-9, the time
being 5:12 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 August 31, 1995, was presented, advising that at the City
Council meeting of August 15, 1995, Council was advised that
staff has reviewed the development standards and parking and
loading requirements of the Comprehensive Zoning Ordinance as it
pertains to smaller parcels, and it was determined that the truck
loading, parking, and maneuvering requirements would preclude
these parcels from being developed.
The Community Services Department, in conjunction with the City
Attorney's office has designed new development standards,
parking, and loading requirements. These new standards will
allow lots that contain less than 12,000 square feet of gross
floor area to utilize smaller trucks. The type of uses will
determine the size of the trucks, i.e., office, commercial, and
similar uses will only require 25 foot truck spaces and 30 foot
maneuvering areas; all other uses will require 40 foot spaces
with 40 foot maneuvering areas. All buildings, regardless of
size, will be required to provide adequate truck loading and,
dependent on the use, may require truck parking.
It has also been determined that Sections 26.5.3-2, 26.5.3-5,
26.5.3-6 and 26.5.3-7 which pertain to zoning ordinance
amendments need to conform with procedures for adopting an
ordinance as set forth in Article IV of the Charter of the City
of Vernon. It is hereby recommended that the changes addressed
hereon be approved and that Sections 26.2.16, 26.4.2-6, 26.4.2-7,
26.4.2-8, 26.5.3-2, 26.5.3-3, 26.5.3-5, 26.5.3-6, and 26.5.3-7 of
the Comprehensive Zoning Ordinance be amended and that Section
26.4.2-9 be added. Transmitted herewith for the record are the
following supporting documents:
1. Notice of Public Hearing, copies of
notification letters, affidavits of
posting and mailing, and Declaration
of Publication; and
2. Engineer's Report.
Mayor Malburg asked Mr. Wilson if the size of the
building is 12,000 square feet - this does not mean the size of
the lot; does it only pertain to the building size?
Mr. Wilson responded that this addresses the building
size because the City has no regulations or control on the size
of a lot.
size lots.
Councilman Gonzales asked Mr. Wilson about irregular
Mr. Wilson stated, again, this is the same situation.
We are looking at the size of the building, not the size of the
lot (irregular or not) .
David B. Brearley, City Attorney, addressed the
Council and summarized Sections 26.5.3-2, 26.5.3-5, 26.5.3-6, and
26.5.3-7 and the need for the changes to said sections.
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The Mayor asked if there were any questions or
comments.
Mr. B. Richard Marsh, an attorney with the law
offices of Knapp, Marsh, Jones & Doran, addressed the City
Council on behalf of North American Land and Leasing located at
3620 Santa Fe Avenue in Vernon. He advised they do not oppose
the adoption of the ordinance, and asked that the City Council
please keep in mind the current problem or status of the
company's needs. They have been working on trying to conform
with the ordinance since June, and will continue to attempt to
work with the Council and hope that something can be worked out
in the future.
There were no other comments or questions.
It was moved by Davis, seconded by Ybarra, to close
the Public Hearing pertaining to amendments to the Comprehensive
Zoning Ordinance, the time being 5:25 p.m. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the communication from the City Clerk dated August 31, 1995 and
all supporting documents be received and filed as evidence.
Motion carried.
ORDINANCE NO. 1032 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, By Amending Sections 26.2.16, 26.4.2-6,
26.4.2-7, and 26.4.2-8 and adding Section 26.4.2-9 to Chapter 26
of Said Code Regarding Automobile and Truck Parking and Loading
Spaces and Repealing All Ordinances or Parts of Ordinances in
Conflict Therewith, was read by title for a First Reading.
It was moved by Ybarra, seconded by Davis, that
Ordinance No. 1032 be approved for a First Reading.
ORDINANCE NO. 1033 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, By Amending Sections 26.5.3-2, 26.5.3-3,
26.5.3-5, 26.5.3-6 and 26.5.3-7 to Chapter 26 of Said Code
Regarding Zoning Amendments and Repealing All Ordinances or Parts
of Ordinances in Conflict Therewith, was read by title for a
First Reading.
It was moved by Gonzales, seconded by McCormick, that
Ordinance No. 1033 be approved for a First Reading. Motion
carried.
It was moved by Ybarra, seconded by McCormick, to
open the PUBLIC HEARING to consider a request from BMB
Investments for a Variance to allow the tenant to utilize four
non-conforming truck loading spaces at property located at 4515
thru 4561 48th Street 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 August 22, 1995, was presented, advising that BMB
Investments has submitted an application for a Variance from the
Comprehensive Zoning Ordinance, Section 26.4.2-8, Development
Standards, for the buildings located at 4515-4561 48th Street,
and transmitting the following evidence:
1. Application for Variance;
2. Affidavits of posting and mailing;
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September 5, 1995
3. Notice of Public Hearing;
4. Engineer's Report.
The buildings have three conforming truck loading spaces and four
non-conforming spaces, two that are 15 feet wide and 29.5 feet
long and two that are 13.8 feet wide and 40 feet long. The
company is proposing to use only vehicles of a smaller length at
the non-conforming truck loading spaces. This has been reviewed
by the Acting Director of Community Services and the City
Attorney, and it is hereby recommended that the Variance be
granted subject to the following Conditions:
a. The usage of the non-conforming truck loading
spaces shall be limited so that any truck
parked at the loading docks shall not extend
into the street right-of-way as shown on the
Master Plan of Streets dated June 16, 1992.
b. All existing and future tenants shall be
notified of this restriction and a condition
stating this shall be placed in all future
leases.
The Mayor asked if there were any questions from the
City Council.
There were no questions.
It was moved by McCormick, seconded by Davis, to
close the Public Hearing pertaining to the Variance request from
BMB Investments, the time being 5:30 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk dated August 22, 1995 and
all supporting documents be received and filed as evidence.
Motion carried.
RESOLUTION NO. 6676 - A Resolution of the City
Council of the City of Vernon Granting a Variance to BMB
Investments From Section 26.4.2-8, Development Standards, of the
Comprehensive Zoning Ordinance, for the Property Located at 4515-
4561 48th Street in the City of Vernon, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6676 be approved and adopted. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated August 3, 1995, was presented,
requesting authority and funds for Paul Manasjan, Environmental
Specialist, to attend the 1995 Legislative and Regulatory Update
on Toxic Substances and Hazardous Waste in Buena Park on October
11, 1995, with an expense allowance of $165.00.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Paul Manasjan to attend the
aforementioned meeting with an expense allowance of $165.00.
Motion carried.
Communication from Fire Chief Dave Telford, dated
August 15, 1995, was presented, requesting authority and funds to
attend the Summer 1995 Workshop for Fire Chiefs in Beaumont,
September 27-29, 1995, with an allowance of $275 for the
registration fee.
It was moved by Davis, seconded by McCormick, that
authority be granted for the Fire Chief to attend the afore-
mentioned workshop with an allowance of $275 for the registration
fee. Motion carried.
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Communication from Fire Chief Dave Telford, dated
August 15, 1995, was presented, requesting authority and funds
for Firefighter Darren Simpkins to attend the Office of Emergency
Services Urban Search and Rescue Task Force Seminar entitled
Rescue Systems II in Anaheim, October 9-13, 1995, with an
allowance of $325 for the registration fee.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Firefighter Darren Simpkins to attend
the aforementioned seminar with an allowance of $325 for the
registration fee. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated August 16, 1995, was presented, requesting authority and
funds for Police Officers Rex Hill and Penny Turner to attend the
Legal Update Course in Long Beach, September 20-22, 1995, with an
expense allowance of $320.20 each of which POST will reimburse
$296.20 for each officer.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Officers Rex Hill and Penny Turner to
attend the aforementioned course with an expense allowance of
$320.20 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 16, 1995, was presented, requesting authority and
funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilmen
William Davis, Hilario Gonzales, and William McCormick to attend
the National League of Cities Conference in Phoenix, Arizona,
November 28-December 2, 1995, with an expense allowance of $1,329
each.
It was moved by Ybarra, seconded by McCormick, that
authority be granted for the above listed City officials to
attend the aforementioned conference with an expense allowance of
$1,329. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 23, 1995, was presented, recommending that Mayor Pro
Tem Thomas Ybarra and Councilman Hilario Gonzales be appointed
Voting Delegate and Alternate Voting Delegate, respectively, at
the National League of Cities' Annual Business Meeting to be held
in Phoenix, Arizona on December 2, 1995.
It was moved by Davis, seconded by Gonzales, to
approve the appointment of Mayor Pro Tem Thomas Ybarra and
Councilman Hilario Gonzales as Voting Delegate and Alternate
Voting Delegate at the aforementioned business meeting. Motion
carried.
Communication from Police Chief Louis Rosenkrantz,
dated August 23, 1995, was presented, requesting authority and
funds for Lt. Bill Waxman to attend the Supervisory Management
Course in San Simeon, California, October 4-6, 1995, with an
expense allowance of $577.25 which will be completely reimbursed
by POST.
It was moved by Ybarra, seconded by McCormick, that
authority be granted for Lieutenant Bill Waxman to attend the
aforementioned course with an expense allowance of $577.25.
Motion carried.
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September 5, 1995
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 23, 1995, was presented, advising that District
Seven Associates is requesting an Encroachment License to
maintain and operate approximately 421 feet of eight inch cast
iron water pipeline under District Boulevard. All appropriate
fees and the required insurance certificates have been received.
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. 380 be approved and executed.
It was moved by Gonzales, seconded by Ybarra, that
the communication from the City Clerk dated August 23, 1995 be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6675 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of Encroachment License Agreement No. 380 By and
Between the City of Vernon and District Seven Associates, was
presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 6675 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 28, 1995, was presented, advising that L.A. Dye and
Print Works, Inc. is requesting an Encroachment License to
maintain and operate approximately 50 feet of 4-inch Schedule 80
PVC Conduit which will contain communication lines across and
under 52nd Street. All appropriate fees have been paid and the
required insurance certificate submitted. 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. 381 be approved and executed.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk, dated August 28, 1995, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6680 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of Encroachment License Agreement No. 381 By and
Between the City of Vernon and L.A. Dye and Print Works, Inc.,
was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 6680 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 28, 1995, was presented, advising that a resolution,
(No. 6040), was adopted in 1992 which allowed the City to recover
costs for locating, retrieving, inspecting, and reproducing
public records which were requested in accordance with the Public
Records Act. Staff of the City Attorney's office has reviewed
said resolution and concludes that certain costs set forth
therein are improper. It is hereby recommended that a new
resolution be adopted which sets forth certain fees and
procedures for inspection and obtaining copies of public records.
The City Attorney advised that they had made this
conclusion due to a recent court case decision which restricted
the costs which a city may recover under the public records act.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk dated August 28, 1995, be
received and filed, and that his recommendation be approved.
Motion carried.
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September 5, 1995
RESOLUTION NO. 6678 - A Resolution of the City
Council of the City of Vernon Revising Its Fees and Procedures
for Public Inspection and Examination of Public Records, and for
Obtaining Copies of Public Records of the City of Vernon and
Repealing Resolution No. 6040, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 6678 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Acting Director of
Community Services, dated August 28, 1995, was presented,
advising that Heger Realty Corporation has submitted Tentative
Parcel Map No. 24344 for investigation and report in accordance
with the Subdivision Map Act, and transmitting the following
evidence:
1. Print of Vesting Tentative Parcel Map No. 24344
2. Engineer's Report
3. Excerpts from the Subdivision Map Act
It is the opinion of the Acting Director of Community Services
that adoption of the Tentative Parcel Map will not pose any
adverse effects on the City of Vernon or any other surrounding
areas. The project is consistent with the General Plan as
adopted by the City of Vernon and is categorically exempt from
the State of California Environmental Quality Act. This has been
reviewed by the City Attorney, and it is hereby recommended that
Tentative Parcel Map No. 24344 be approved with the following
Conditions:
1. All properties shall be made to substantially
conform with all current City of Vernon Codes.
2. A mutual ingress and egress easement shall be
provided between parcels 2 and 3 to enable
trucks to access required loading and parking
spaces.
3. The site shall be graded in a manner that
will prevent drainage across property lines.
4. Each parcel shall be served by separate
utilities.
5. All broken or displaced sidewalk, curb, and
gutter adjoining the subject property shall
be removed and replaced to City standards.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the Acting Director of Community Services
dated August 28, 1995 and all supporting documents be received
and filed, and that Tentative Parcel Map No. 24344 be approved
contingent upon Heger Realty Company's adherence to the
aforementioned Conditions No. 1 thru 5. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 29, 1995, was presented, advising that a change
pertaining to the longevity program was inadvertently omitted
from Resolution No. 6670 which was adopted at the City Council
meeting held August 15, 1995. This has been corrected, and it is
hereby recommended that a new resolution be adopted reflecting
the change.
It was moved by Ybarra, seconded by McCormick, that
the communication from the City Clerk dated August 29, 1995 be
received and filed, and that his recommendation be approved.
Motion carried.
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September 25, 1995
RESOLUTION NO. 6671 - A Resolution of the City
Council of the City of Vernon Amending Resolution No. 6651 by
Amending Section 8 of Said Resolution Which Fixed the
Compensation for Certain Employees of Said City and Authorized
Certain Expense Allowances, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6671 be approved and adopted. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated August 29, 1995, was presented, requesting authority and
funds for Eliseo Genera, Civilian Traffic Officer, to attend the
Basic Corrections Officer Core Course at the Riverside County
Sheriff's Department, September 14 thru October 26, 1995, with an
expense allowance of $2,514.97.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Eliseo Genera to attend the
aforementioned course with an expense allowance of $2,514.97.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 30, 1995, was presented, transmitting a Water Right
License and Agreement which grants the City of Vernon a license
to extract 140 acre-feet of Kal-Kan Food's, Inc. allowed pumping
allocation for the 1995-1996 Fiscal Year at $107 per acre-foot
for a total cost of $14,980. This has been reviewed by the
Acting Director of Community Services and the City Attorney, and
it is hereby recommended that the agreement be approved and
executed.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated August 30, 1995, be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6677 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Water Right License and Agreement By and Between
the City of Vernon and Kal-Kan Foods, Inc. Which Grants the City
of Vernon a License to Extract 140 Acre-Feet of Kal-Kan's Allowed
Pumping Allocation for the Period July I, 1995 Through June 30,
1996, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6677 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated August 31, 1995, was presented, recommending
that the following personnel actions be approved:
Reclassifications
Pat Keye, Utility Clerk, Step I, in the Light and
Power Department, be reclassified to System Operator, Step 5,
with a new monthly base salary of $3092, effective September 17,
1995.
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It was moved by Ybarra, seconded by Davis, to
reclassify Pat Keye to System Operator, Step 5, effective
September 17, 1995. Motion carried.
Robert Kipness, Diesel Operator III in the Light and
Power Department, be transferred to the Community Services
Department and reclassified to Foreman effective October I, 1995,
with no change in salary.
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September 5, 1995
It was moved by Gonzales, seconded by Ybarra, to
transfer Robert Kipness to the Community Services Department and
to reclassify him to Foreman, with no change in salary, effective
October I, 1995. Motion carried.
Resianation
Accept the resignation, dated August 14, 1995, of
Lori Pine, Dispatcher (Communications Operator) in the Police
Department, effective the same date at the end of her shift.
It was moved by Davis, seconded by Ybarra, to accept
the resignation of Lori Pine effective August 14, 1995 at the end
of her shift. Motion carried.
Hire
Manuel Aguilar be hired as a part-time temporary
employee assigned to the Community Services Department with an
hourly wage of $5.25 effective September 5, 1995. Mr. Aguilar's
continued employment will be contingent on his satisfactory
completion of the job related physical.
It was moved by Ybarra, seconded by Gonzales, to hire
Manuel Aguilar as a part-time temporary employee with an hourly
wage of $5.25, effective September 5, 1995, with continued
employment contingent upon his satisfactory completion of the job
related physical. Motion carried.
Reimbursements
Police Officer Michael Docherty be reimbursed $132.15
from the Education and Training Appropriation Account for his
satisfactory completion of courses taken at Citrus College.
It was moved by Davis, seconded by McCormick, to
reimburse Office Michael Docherty $132.15 from the Education and
Training Appropriation Account. Motion carried.
Police Officer Daniel Calleros be reimbursed $221.55
from the Education and Training Appropriation Account for his
satisfactory completion of courses taken at Rio Hondo College.
It was moved by Ybarra, seconded by Gonzales, to
reimburse Officer Daniel Calleros $221.55 from the Education and
Training Appropriation Account. Motion carried.
Secretary Claudia Gomez be reimbursed $104.15 from
the Education and Training Appropriation Account for her satis-
factory completion of courses taken at East Los Angeles College.
It was moved by McCormick, seconded by Ybarra, to
reimburse Claudia Gomez $104.15 from the Education and Training
Appropriation Account. Motion carried.
Police Officer Matthew Saidleman be reimbursed
$199.40 from the Education and Training Appropriation Account for
his satisfactory completion of courses taken at Citrus College.
It was moved by Davis, seconded by Gonzales, to
reimburse Matthew Saidleman $199.40 from the Education and
Training Appropriation Account. Motion carried.
Account Clerk Manuela Giron be reimbursed $103.61
from the Education and Training Appropriation Account for her
satisfactory completion of courses taken at East Los Angeles
College.
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September 5, 1995
It was moved by Ybarra, seconded by McCormick, to
reimburse Manuela Giron $103.61 from the Education and Training
Appropriation Account. Motion carried.
Police Officer Donald Vanover be reimbursed $267.20
which is one half the purchase price of his Body Armor (vest),
and in accordance with Section 11.1 of the Memorandum of
Understanding dated March 1, 1988.
It was moved by Davis, seconded by McCormick, to
reimburse Donald Vanover $267.20 for his purchase of Body Armor.
Motion carried.
Educational Incentive Pay
Firefighter Kurt Smith be granted 2-1/2 percent
Educational Incentive Pay effective September 17, 1995, based on
his satisfactory completion of his probationary period and
possession of a Fire Science Certificate, or completion of fire
related courses equivalent thereto, in accordance with Section
23(a) of Resolution No. 6651.
It was moved by Ybarra, seconded by Davis, to grant
Firefighter Kurt Smith 2-1/2 percent Educational Incentive Pay
effective September 17, 1995. Motion carried.
Miscellaneous
Michael Hendrickson, Assistant Electronics Technician
in the Light and Power Department, not be held chargeable for his
on-duty accident occurring July 25, 1995, based on the findings
of the Accident Investigation Committee and the recommendation of
the Director of Light and Power.
It was moved by McCormick, seconded by Gonzales, that
Michael Hendrickson not be held chargeable for his on-duty
accident occurring July 25, 1995. Motion carried.
Police Officer Dennis Beene not be held chargeable
for his on-duty accident occurring August 14, 1995, based on the
findings of the Accident Investigation Committee and the
recommendation of the Chief of Police.
It was moved by Ybarra, seconded by McCormick, that
Officer Dennis Beene not be held chargeable for his on-duty
accident occurring August 14, 1995. Motion carried.
Police Officer Brian Baker not be held chargeable for
his on-duty accident occurring August 14, 1995, based on the
findings of the Accident Investigation Committee and the
recommendation of the Chief of Police
It was moved by Davis, seconded by Gonzales, that
Officer Brian Baker not be held chargeable for his on-duty
accident occurring August 14, 1995. Motion carried.
WARRANT REGISTER NO. 921 covering claims and demands
presented during the period of August 11 thru August 31, 1995,
drawn on the First Interstate Bank totaling $403,084.32, which
includes Demand Nos. 53089 thru 53874 (inclusive), excluding
Light and Power Demands and Void Demands as listed below
(accounting period September, 1995) was examined and audited:
53160
53171
53172
53173
53244
53308
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September 5, 1995
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 921 be approved and payment authorized for
claims and demands totaling $403,084.32, excluding Light and
Power Demands. Motion carried.
WARRANT REGISTER NO. 921 covering claims and demands
presented during the period of August 11 thru August 31, 1995,
drawn on the First Interstate Bank totaling $2,557,122.07, which
includes Light and Power Demand Nos. as listed below (accounting
period September, 1995) was examined and audited:
53090
53093
53094
53095
53096
53097
53098
53099
53109
53110
53124
53127
53128
53129
53130
53131
53135
53142
53143
53146
53149
53150
53151
53152
53153
53154
53159
53163
53165
53166
53167
53170
53184
53185
53188
53189
53196
53201
53215
53223
53245
53257
53268
53280
53287
53303
53305
53310
53311
53312
53313
53319
53329
53342
53343
53354
53357
53359
53360
53366
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 921 be approved and payment authorized for
claims and demands totaling $2,557,122.07. 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. 470 covering claims and
demands presented during the period of June 11 thru July 8, 1995,
drawn on the First Interstate Bank totaling $1,609,534.54 which
includes Demand Nos. 8051 thru 8089 (inclusive) (accounting
period July, 1995), was examined and audited.
It was moved by Gonzales, seconded by Ybarra, that
Payroll Warrant Register No. 470 be approved and payment
authorized for claims and demands totaling $1,609,534.54. Motion
carried.
Consideration of an Agreement for Consulting
Engineering Services between Black & Veatch and the City of
Vernon, submitted by Kenneth DeDario, Director of Light and
Power, August 30, 1995.
Kenneth DeDario, Director of Light and Power,
addressed the City Council and briefly summarized this issue.
He stated that this firm will evaluate the amount of transmission
that is available from the Los Angeles Department of Water and
Power and Southern California Edison Company. Mr. DeDario
advised that we do not have the in-house expertise to do this,
but it is a most valuable tool for us so that we can verify what
is actually available.
David B. Brearley, City Attorney, also addressed the
Council on this matter.
It was moved by Gonzales, seconded by Ybarra, that an
Agreement with Black & Veatch for Consulting Engineering Services
be approved and executed. Motion carried.
RESOLUTION NO. 6681 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Agreement for Consulting Engineering Services By
and Between the City of Vernon and Black & Veatch for Assistance
in a Victorville-Lugo Line Rating Review, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6681 be approved and adopted. Motion carried.
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September 25, 1995
Consideration of an Exchange and Firm Energy Purchase
Option Agreement executed by the United States of America,
Department of Energy, acting by and through the Bonneville Power
Administration and the City of Vernon, submitted by Kenneth
DeDario, Director of Light and Power, August 30, 1995.
It was moved by Ybarra, seconded by McCormick, that
an Exchange and Firm Energy Purchase Option Agreement with the
United States Department of Energy acting by and through the
Bonneville Power Administration be approved and executed. 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. 6683 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Exchange and Firm Energy Purchase Option
Agreement (Contract No. 95MS-94672) By and Between the City of
Vernon and the United States of America, Department of Energy,
Acting By and Through the Bonneville Power Administration
("BPA"), was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 6683 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.
The City Attorney advised the Council that the
following matter should be deferred to the next City Council
meeting.
RESOLUTION NO. 6682 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of Settlement Agreements Relating to Los Angeles
Superior Court Case No. BC 104302 By and Among the Cities of
Azusa and Banning and the City of Vernon; the City of Colton and
the City of Vernon; and the City of Riverside and the City of
Vernon.
It was moved by Ybarra, seconded by Gonzales, that
the aforementioned matter be deferred to the next City Council
Meeting. Motion carried.
The Mayor called a recess at 6:05 p.m.
The Council reconvened at 6:10 p.m., all members
present before the recess again being present.
It was moved by Ybarra, seconded by McCormick, that
the Council go into Closed Session to confer on Item No. 1 listed
below, the time being 6:10 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 be deemed privileged and confidential.
1. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Secti.on
54957.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
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September 25, 1995
It was moved by McCormick, seconded by Gonzales, 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 Davis, that the
Council go into Closed Session to confer on Items No. 2 and 3
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 Chief
Deputy City Clerk.
The Mayor ordered that all communications to and from
the Closed Session be 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 Municioal
Water District, LASC No. BC 121124;
(b) City of Vernon vs. Central Basin, etc.,
Zastrow, et al., LASC No. BC 130693;
(c) City of South Gate, et al. vs. City of
Los Anqeles, et al., LASC No. BC 129447;
(d) The Atchison, Tooeka 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 (SoCaIGas);
(g) City of Anaheim, etc. vs. City of Vernon,
LASC BC 104302;
(h) SoCalGas v. Vernon LASC No. BS 017468;
2 CIV B088723 and 2 CIV B077228;
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: One (1)
potential case
It was moved by McCormick, seconded by Ybarra, that
the Council go out of Closed Session and resume regular session,
the time being 6:25 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
Police Officer be disciplined as recommended by the Accident
Investigation Committee and the Chief of Police. Motion carried.
It was moved by Gonzales, seconded by McCormick, that
the City Attorney be authorized to join on behalf of the City of..
Vernon in the amicus brief filed by the County Counsel's
Association of California in the matter of Hansen Brothers
Enterorises v. Board of Suoervisors of Nevada County, et al.
Motion carried.
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City Council Minutes
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September 5, 1995
There being no further business to come before the
Council at this time, it was moved by Ybarra, seconded by
McCormick, that the meeting adjourn. Motion carried.
ATTEST:
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AC
Bruce V. Malkenhorst
City Clerk
5272