19951003 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD OCTOBER 3,
1995 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 City Council Meeting held September 19, 1995, be
approved as submitted and adopted. Motion carried.
At this time, the Mayor presented a Five Year Service
Pin to Personnel Clerk Claudia Padilla and extended congratu-
lations on behalf of the entire City Council.
The Mayor called a recess at 5:10 p.m.
The Council reconvened at 5:11 p.m., all members
present before the recess again being present.
Police Department Activity Log for the period
September 16 thru 30, 1995, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period September 16 thru
30, 1995, be received and filed. Motion carried.
Fire Department Activity Report for the period
September 16 thru 30, 1995, was presented.
It was moved by Ybarra, seconded by Gonzales, that
the Fire Department Activity Report for the period September 16
thru 30, 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 if they so
wish.
The Mayor asked if there was anyone who wished to
address the Council.
Oscar Abarca, Director of Intergovernmental Relations
at the South Coast Air Quality Management District, addressed the
Council on behalf of Nell Soto, AQMD Board Member for the Cities
of Los Angeles County/Eastern Region. Mr. Abarca gave a brief
synopsis of what the AQMD's purpose is, and the recent change in
the governing board and the Clean Air Partnership. He also
provided each Council member with a brochure about the agency.
It was moved by Ybarra, seconded by Davis, to open
the continued PUBLIC HEARING to consider a request from Los
Angeles Fiber Co., Inc. for a Conditional Use Permit to allow the
applicant to operate a recycled materials processing facility at
property located at 5190 Santa Fe Avenue and 4920 Boyle Avenue in
the City of Vernon, the time being 5:20 p.m. Motion carried.
(Continued from the City Council Meeting held September 19,
1995. )
Kevin Wilson, Acting Director of Community Services,
addressed the City Council and briefly summarized this matter.
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City Council Minutes
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October 3, 1995
Conditional Use Permit to operate a recycled materials processing
facility at 5190 Santa Fe Avenue and 4920 Boyle Avenue, and
transmitting the following supporting documents:
1. Request for Conditional Use Permit and
information supporting the application;
2. Engineer's Report;
3. Initial Study and Checklist;
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. Mitigation Monitoring Program.
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. This has been reviewed by the City Attorney and it is
recommended that the following Conditions be placed on the
Conditional Use Permit for the property at 5190 Santa Fe Avenue:
a. The facility shall be brought into conformance
with all codes, rules, and regulations including,
but not limited to, requirements for parking,
truck loading and maneuvering, markings,
barriers, paving of parking and loading
facilities and outside storage. The facility
shall be operated in a manner that will prevent
unsanitary conditions, odors, and other
nuisances. The facility shall be subject to city
fees as adopted by the City of Vernon, and a
business license and occupancy permit shall be
maintained.
b. All buildings and structures shall be main-
tained in a safe and sanitary condition.
All existing health and life safety hazards
shall be eliminated from the buildings.
c. 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.
d. 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 shall be constructed.
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City Council Minutes
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October 3, 1995
e. A litter control program shall be implemented
to maintain the facilities in a safe, sanitary,
and attractive condition for the life of the
project. The litter control program shall
include the tarping of all open vehicles
entering and exiting the properties and daily
pick-up of on-site stray litter. L.A. Fiber
shall clean up any spills of the material
resulting from trucks traveling to or from the
site at 4920 Boyle Avenue. At the request of the
City of Vernon, L.A. Fiber shall clean up any
other spills of material on City streets.
f. No business shall be conducted on City streets
including transferring of product or cueing of
vehicles.
g. Plans for improvements to the facility,
installation of equipment, and construction of
structures shall be submitted to both the City
of Vernon's Community Services and Health
Departments for review and approval.
h. National Pollutant Discharge Elimination System
Permits shall be obtained from the California
State Board of Water Resources.
i. All required federal, state, local and regulatory
agency permits shall be obtained and maintained.
j. The facility's buildings shall be structurally
maintained to exclude rodents, and the sites
shall be maintained in a sanitary manner which
will prohibit the harborage or breeding of
rodents. All loose salvageable materials shall
be stored at least eighteen inches (18") above
the ground or floor with a clear intervening
space thereunder.
k. L.A. Fiber shall repair any broken, cracked, or
displaced sidewalk, curb, or gutter adjoining
the site.
1. An easement granting the City of Vernon rights to
maintain all electrical facilities located at the
site shall be executed by the owner.
m. L.A. Fiber shall perform the mitigating measures
set forth herein and in the Mitigation Monitoring
Program, L.A. Fiber Co., Inc. Recycled Materials
Processing Facility, dated August 22, 1995.
It is also recommended that the following Conditions be placed on
the Conditional Use Permit for the property at 4920 Boyle Avenue:
a. Prior to beginning operations, the facility shall
be brought into conformance with all codes,
rules, and regulations including, but not limited
to, requirements for parking, loading and
maneuvering, markings, barriers, paving of
parking and loading facilities and outside
storage. The facility shall be operated in a
manner that will prevent unsanitary conditions,
odors, and other nuisances. The facility shall
be subject to city fees as adopted by the City of
Vernon, and a business license and occupancy
permit shall be maintained.
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City Council Agenda
page 4
October 3, 1995
b. All buildings and structures shall be main-
tained in a safe and sanitary condition.
All existing health and life safety hazards
shall be eliminated from the buildings.
c. 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.
d. 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 shall be constructed.
e. A litter control program shall be implemented
to maintain the facilities in a safe, sanitary,
and attractive condition for the life of the
project. The litter control program shall
include the tarping of all open vehicles
entering and exiting the properties and daily
pick-up of on-site stray litter. At the request
of the City of Vernon, L.A. Fiber shall clean up
any spills of the material on streets in the City
of Vernon resulting from trucks traveling to or
from the site.
f. No business shall be conducted on City streets
including transferring of product or cueing of
vehicles.
g. Plans for improvements to the facility,
installation of equipment, and construction of
structures shall be submitted to both the City
of Vernon's Community Services and Health
Departments for review and approval.
h. National Pollutant Discharge Elimination System
Permits shall be obtained from the California
State Board of Water Resources.
i. All required federal, state, local and regulatory
agency permits shall be obtained and maintained.
j. The facility's buildings shall be structurally
maintained to exclude rodents, and the sites
shall be maintained in a sanitary manner which
will prohibit the harborage or breeding of
rodents. All loose salvageable materials shall
be stored at least eighteen inches (18") above
the ground or floor with a clear intervening
space thereunder.
k. L.A. Fiber shall repair any broken, cracked, or
displaced sidewalk, curb, or gutter adjoining
the site and a deed granting to the City of
Vernon the strip of land five feet in width,
currently being used as sidewalk on the
northerly side of 50th Street as shown 9p,;Exhibit
"A" shall be executed by the property owner.
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City Council Minutes
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October 3, 1995
1. An easement granting the City of Vernon rights to
maintain all electrical facilities located at the
site shall be executed by the owner.
m. L.A. Fiber shall obtain rights for ingress and
egress as shown on Exhibit "A".
n. L.A. Fiber shall perform the mitigating measures
set forth herein and in the Mitigation Monitoring
Program, L. A. Fiber Co., Inc. Recycled Materials
Processing Facility dated August 22, 1995.
It is hereby recommended that the City Council deter.mine that:
1. The project is consistent with the General Plan
as adopted by the City of Vernon.
2. The project will not have a significant effect
on the environment, in this case because of the
following mitigating measures to be adopted.
3. The project will not individually or cumulatively
have an adverse effect on wildlife resources.
It is also recommended that the following actions be approved:
1. A Negative Declaration be adopted with the
below listed Mitigating Measures:
A. Los Angeles Fiber Co., Inc. shall obtain
all permits required by the South Coast
Air Quality Management District.
B. Los Angeles Fiber Co., Inc. shall maintain
and operate all required dust extraction
equipment at the facility.
C. Los Angeles Fiber Co., Inc. shall be in
compliance with all applicable codes.
2. The filing of A Notice of Determination and a De
Minimis Finding with the County Clerk.
3. The Mitigation Monitoring Program be approved.
Finally, it is hereby recommended that the Conditional Use Per.mit
be granted to Los Angeles Fiber Co., Inc. subject to the afore-
mentioned "Mitigating Measures" and "Conditions."
The Mayor asked if anyone wished to address the
Council on this matter.
There was no one who wished to address the Council.
It was moved by Ybarra, seconded by McCormick, to
close the Public Hearing pertaining to the request for a
Conditional Use Permit from L.A. Fiber Co., Inc., the time being
5:23 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
communication from the Acting Director of Community Services
dated September 27, 1995 and all supporting documents be received
and filed as evidence. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the City Council hereby finds that the project is consistent with
the General Plan as adopted by the City of Vernon. Motion
carried.
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City Council Minutes
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October 3, 1995
It was moved by McCormick, seconded by Davis, that
the City Council hereby finds that the project will not have a
significant effect on the environment, in this case because of
the below listed mitigating measures to be adopted. Motion
carried.
It was moved by Davis, seconded by Gonzales, that the
City Council hereby finds that the project will not individually
or cumulatively have an adverse effect on wildlife resources.
Motion carried.
It was moved by McCormick, seconded by Ybarra, that a
Negative Declaration be adopted with the following Mitigating
Measures. Motion carried.
A. Los Angeles Fiber Co., Inc. shall obtain
all permits required by the South Coast
Air Quality Management District.
B. Los Angeles Fiber Co., Inc. shall maintain
and operate all required dust extraction
equipment at the facility.
C. Los Angeles Fiber Co., Inc. shall be in
compliance with all applicable codes.
It was moved by Gonzales, seconded by Ybarra,
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, to
approve the Mitigation Monitoring Program. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that
the Conditional Use Permit be granted to Los Angeles Fiber Co.,
Inc. contingent upon their adherence to the aforementioned
"Mitigating Measures" and "Conditions." Motion carried.
RESOLUTION NO. 6679 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to Los Angeles Fiber Co., Inc. for the Operation of a Recycled
Materials Processing Facility at 5190 Santa Fe Avenue, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 6679 be approved and adopted. Motion carried.
RESOLUTION NO. 6693 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to Los Angeles Fiber Co., Inc. for the Operation of a Recycled
Materials Processing Facility at 4920 Boyle Avenue, was
presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 6693 be approved and adopted. Motion carried.
It was moved by Ybarra, seconded by Davis, to open
the PUBLIC HEARING to consider a request from Tissurama
Industries, Inc. for a Variance to allow the tenant to utilize
two non-conforming truck loading spaces at property located at
2800 Sierra Pine Avenue in the City of Vernon, the time being
5:25 p.m. Motion carried.
Kevin Wilson, Acting Director of Community Services,
addressed the City Council and briefly summarized this matter.
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City Council Minutes
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October 3, 1995
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 20, 1995, was presented, advising that Tissurama
Industries, 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 Sierra Pine Avenue,
and transmitting the following evidence:
1. Application for Variance;
2. Affidavits of posting and mailing;
3. Notice of Public Hearing;
4. Engineer's Report.
The building has three conforming and two non-conforming truck
loading spaces. The non-conforming spaces, which face 26th
Street, are 9 feet wide and 61 feet long. The company is
proposing to use only vehicles of a smaller length at the non-
conforming truck loading spaces. This has been reviewed by the
Acting Director of Community Services, and it is hereby
recommended that the Variance be granted subject to the following
Condition:
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.
The Mayor asked if there were any questions.
There were no questions.
It was moved by Davis, seconded by Gonzales, to close
the Public Hearing regarding the request for a Variance from
Tissurama Industries, Inc., the time being 528 p.m. Motion
carried.
It was moved by Ybarra, seconded by McCormick, that
the communication from the City Clerk dated September 20, 1995
and all supporting documents be received and filed as evidence,
and that the Variance be granted to Tissurama Industries, Inc.,
contingent upon their adherence to the aforementioned Condition.
Motion carried.
RESOLUTION NO. 6689 - A Resolution of the City
Council of the City of Vernon Granting a Variance to Tissurama
Industries, Inc. From Section 26.4.2-8 of the Comprehensive
Zoning Ordinance, for the Property Located at 2800 Sierra Pine
Avenue in the City of Vernon, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6689 be approved and adopted. Motion carried.
PUBLIC HEARING to consider a request from U. S.
Growers Cold Storage, Inc. to amend the previously granted
Variance for property located at 3111-3261 44th Street in the
City of Vernon.
Kevin Wilson, Acting Director of Community Services,
advised the Council that the aforementioned Public Hearing should
be continued to the next City Council Meeting.
It was moved by Davis, seconded by Ybarra, that the
Public Hearing regarding an amendment to the Variance previously
granted to U.S. Growers Cold Storage, Inc. be continued to the
City Council Meeting to be held October 17, 1995. Motion
carried.
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October 3, 1995
It was moved by Ybarra, seconded by Davis, to open
the PUBLIC HEARING to consider a request from Kitty Queen Pet
Foods, Inc. for a Variance to allow the tenant to utilize ten
non-conforming truck loading spaces at property located at 4601
Downey Road in the City of Vernon, the time being 5:30 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 September 27, 1995, was presented, advising that Kitty
Queen Pet Foods, Inc. has submitted an application for a Variance
from the Comprehensive Zoning Ordinance, Section 26.4.2-8,
Development Standards, for the buildings located at 4601 Downey
Road and 3372 through 3388 Packers 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 buildings have ten non-conforming truck loading spaces that
vary in width and length, and the company is proposing to use
only vehicles of a smaller length at these 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. Kitty Queen Pet Foods, Inc. shall bring the
most southerly truck loading space that
measures 25 feet long and 12 feet wide
to 60 feet in length to accommodate longer
trucks. Plans for said construction shall be
submitted within five months of the adoption
a Resolution approving said Variance. Permits
shall be obtained issued for said work within
six months of the adoption date of the
Resolution. Construction shall be started on
said work within nine months of the adoption
date, and construction shall be completed within
one year of the adoption date.
b. The usage of the remaining ten non-conforming
truck loading spaces shall be limited to
trucks of smaller lengths so that any trucks
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.
c. Within seven days of the adoption of a
Resolution approving the Variance, Kitty Queen
Pet Foods, Inc. shall deliver a $10,000
Certificate of Deposit to the City of Vernon, to
be refunded to Kitty Queen Pet Foods, Inc.,
including the interest earned, upon compliance
with the aforementioned Condition "a". If
compliance with Condition "a" has not been
attained, then Kitty Queen Pet Foods, Inc. will
forfeit said deposit and the City of Vernon
will utilize the proceeds to construct
curb, gutter, sidewalk, and a suitable barrier
to eliminate the usage of all non-conforming
loading docks unless an extension is granted
by the City Council.
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City Council Minutes
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October 3, 1995
d. All existing and future tenants shall be
notified of these restrictions and a condition
stating the same shall be placed in all future
leases.
Mr. Wilson advised the Council that the
aforementioned Conditions listed "a" and "c" have been changed
and should read as follows:
a. Kitty Queen Pet Foods, Inc. shall bring the truck
loading space marked Item 10 on Exhibit A measuring 25 feet in
length and 12 feet in width to 60 feet in length to accommodate
longer trucks. Plans for said construction shall be submitted
within five months of adoption of this resolution. Permits shall
be obtained for said work within six months of the adoption date,
construction shall be started on said work within nine months of
the adoption of this Resolution. Construction shall be completed
within one year of the adoption of this resolution.
c. Within seven days of the adoption of this
Resolution, Kitty Queen Pet Foods, Inc. shall deliver a $10,000
Certificate of Deposit to the City of Vernon, to be refunded to
Kitty Queen Pet Foods, Inc., including the interest earned, upon
compliance with Condition (a) or if compliance with above
Condition (a) has not been attained, then the Certificate of
Deposit shall be retained by the City of Vernon to construct
curb, gutter, sidewalk, and a suitable barrier to eliminate the
usage of all non-conforming loading docks.
The Mayor asked if anyone had any questions or
comments.
There were no questions or comments.
It was moved by Ybarra, seconded by Davis, to close
the Public Hearing regarding the request for a Variance from
Kitty Queen Pet Foods, Inc., the time being 5:34 p.m. Motion
carried.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated September 27, 1995 and
all supporting documents be received and filed as evidence, and
that the Variance be granted to Kitty Queen Pet Foods, Inc.
contingent upon their adherence to the aforementioned Conditions
(including revisions). Motion carried.
RESOLUTION NO. 6691 - A Resolution of the City
Council of the City of Vernon Granting a Variance to Kitty Queen
Pet Foods, Inc. From Section 26.4.2-8, Development Standards, of
the Comprehensive Zoning Ordinance, for the Properties Located at
4601 Downey Road and 3372 Through 3388 Packers Avenue in the City
of Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 6691 be approved and adopted. Motion carried.
Communication from Police Chief Louis Rosenkrantz
dated September 14, 1995, was presented, requesting authority and
funds for Elizabeth Sawickis, Records Manager, to attend the
California Law Enforcement Association of Records Supervisors'
Training Seminar in Costa Mesa, October 16-20, 1995, with an
expense allowance of $619.06.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for the Records Manager to attend the afore-
mentioned seminar with an expense allowance of $619.06. Motion
carried.
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City Council Agenda
page 9
October 3,1995
Communication from Kevin Wilson, Acting Director of
Community Services, dated September 18, 1995, requesting
authority and funds for Foremen Ronald Anderson, Robert Kipness
and Luke Salerno to attend a course entitled "How To Supervise
People" in Los Angeles on November 7, 1995, with an expense
allowance of $104 each.
It was moved by Davis, seconded by McCormick, that
authority be granted for Ronald Anderson, Robert Kipness and Luke
Salerno to attend the aforementioned course with an expense
allowance of $104 each. Motion carried.
Communication from Police Chief Louis Rosenkrantz,
dated September 19, 1995, was presented, requesting authority and
funds for Lt. Bruce Olson to attend the Jail Managers' Update
Conference in Monterey, California, November 15-17, 1995, with an
expense allowance of $833.70.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Lt. Bruce Olson to attend the afore-
mentioned conference with an expense allowance of $833.70.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 25, 1995, was presented, transmitting lists of
boxed records which have been reviewed by staff and are ready for
destruction. These records were previously housed in the
warehouse and the basement, and the inspection of documents and
boxing was prepared by staff from offices of the City
Administrator/City Clerk, Finance/Treasurer, Purchasing, Risk
Management/Personnel and the Fire, Customer Service, Health, and
Light and Power Departments. This has been reviewed by the City
Attorney, and in accordance with the Retention Schedule as
previously approved by City Council (Resolution No. 6138), it is
hereby recommended that authority be granted to destroy said
documents as listed.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated September 25, 1995 be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6694 - A Resolution of the City
Council of the City of Vernon Authorizing the destruction of
Certain City Records, Documents, Instruments, Books and Papers,
Pursuant to Government Code Section 34090, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6694 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 26, 1995, was presented, advising that the copy
machine in the City Administrator's office needs to be replaced.
The present machine is six years old and has far exceeded its
yearly copy capabilities and requires more repairs thereby
delaying production. Proposals from three vendors have been
reviewed and it is hereby recommended that approval be granted
for the purchase of a Canon Copier, CANON NP6030, from Astro
Office Products at an approximate cost of $6,590.53 which
includes sales tax and an allowance of $700 trade-in for the
present machine. This is a budgeted item for the 1995-96 Fiscal
Year.
It was moved by Gonzales, seconded by Ybarra, that
the communication from the City Clerk dated September 26, 1995 be
received and filed, and to approve the purchase of a Canon Copier
for the City Administrator's office at an approximate cost of
$6,590.53. Motion carried.
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October 3, 1995
Communication from Fire Chief Dave Telford, dated
September 27, 1995, was presented, requesting authority and funds
for Fire Captains David Lazar and Steve Ruffoni to attend
Confined Space Rescue School in Rancho Cucamonga, November 27-
December 1, 1995, with an allowance of $445 each for the
registration fee.
It was moved by Davis, seconded by McCormick, that
authority be granted for Fire Captains David Lazar and Steve
Ruffoni to attend the aforementioned school with an allowance of
$445 each for the registration fee. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated September 28, 1995, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held October
2, 1995 for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by Gonzales, to
approve the recommendations listed on the Agenda for the
Personnel Committee Meeting held October 2, 1995. Motion
carried.
WARRANT REGISTER NO. 923 covering claims and demands
presented during the period of September 15 thru September 28,
1995, drawn on the First Interstate Bank totaling $325,861.03,
which includes Demand Nos. 53552 thru 53842 (inclusive),
excluding Light and Power Demands and Void Demand Nos. 53566,
53616, and 53723 thru 53727 (inclusive) (accounting period
October, 1995) was examined and audited.
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 923 be approved and payment authorized for
claims and demands totaling $325,861.03, excluding Light and
Power Demands. Motion carried.
WARRANT REGISTER NO. 923 covering claims and demands
presented during the period of September 15 thru 28, 1995, drawn
on the First Interstate Bank totaling $2,729,912.29, which
includes Light and Power Demand Nos. as listed below (accounting
period October, 1995) was examined and audited:
53555
53559
53568
53571
53572
53573
53575
53576
53577
53578
53579
53580
53581
53582
53583
53584
53585
53605
53606
53607
53608
53609
53610
53611
53612
53613
53742
53752
53758
53775
53777
53779
53785
53789
53807
53818
53821
53824
53831
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 923 be approved and payment authorized for
claims and demands totaling $2,729,912.29. 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 that the following two
matters should be deferred until after Closed Session this date.
RESOLUTION NO. 6682 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Settlement Agreement Relating to Los Angeles
Superior Court Case No. BC 104302 By and Among the Cities of
Azusa and Banning and the City of Vernon. (Deferred from the
City Council Meeting held September 19, 1995.)
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City Council Minutes
page 12
October 3, 1995
RESOLUTION NO. 6692 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Settlement Agreement Relating to Los Angeles
Superior Court Case No. BC 104302 By and Between the City of
Colton and the City of Vernon
It was moved by Gonzales, seconded by Ybarra,
that the aforementioned two matters be deferred until after
Closed Session later this date. Motion carried.
The Mayor called a recess at 5:46 p.m.
The Council reconvened in regular session at 5:48
p.m., all members present before the recess again being present.
It was moved by McCormick, seconded by Ybarra, that
the Council go into Closed Session to confer on Item No. 1 listed
below, the time being 5:48 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, and Police Captain.
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 Chief of Police and Captain were excused from the
Closed Session at 6:26 p.m.
It was moved by Ybarra, seconded by Davis, that the
Council go out of Closed Session and resume regular session, the
time being 6:26 p.m. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the Council go into Closed Session to confer on Items No. 2 and 3
listed below, the time being 6:26 p.m. Motion carried.
All persons were excluded from the Closed Session
with the exception of the City Clerk, City Clerk, 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 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;
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City Council Minutes
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October 3, 1995
(d)
The Atchison, Topeka and Santa Fe
Railway vs. City of Vernon; LASC No.
BC 123510;
CPUC Docket No. A.93-09-006 (SoCalGas)
(BCAP) ;
(e)
(f)
CPUC Docket No. A.91-03-039 (SoCalGas)
(BCAP) ;
(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;
(i) Vernon v. SoCalGas, USDC No. CV-92-03435 SVW
(Ctx); USCA No. 94-56174;
(j) Ana L. Ceia v. Vernon, et al.; Norwalk No.
VC 017213;
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
Mayor Malburg was excused from the Closed Session at
6:38 p.m., and Mayor Pro Tern Ybarra, assumed the Chair.
The Mayor returned to the Closed Session at 6:40 p.m.
and resumed the Chair.
It was moved by McCormick, seconded by Ybarra, that
the Council go out of Closed Session and resume regular session,
the time being 6:41 p.m. Motion carried.
RESOLUTION NO. 6682 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Settlement Agreement Relating to Los Angeles
Superior Court Case No. BC 104302 By and Among the Cities of
Azusa and Banning and the City of Vernon, was presented.
(Deferred from earlier in the meeting.)
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 6682 be approved and adopted. Motion carried.
RESOLUTION NO. 6692 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Settlement Agreement Relating to Los Angeles
Superior Court Case No. BC 104302 By and Between the City of
Colton and the City of Vernon, was presented. (Deferred from
earlier in the meeting.)
It was moved by McCormick, seconded by Davis, that
Resolution No. 6692 be approved and adopted.
It was moved by Gonzales, seconded by Davis, to
dismiss the Senior Dispatcher (Communications Operator). Motion
carried.
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City Council Minutes
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October 3, 1995
It was moved by Gonzales, seconded by Ybarra, that
the City Attorney be authorized to join in an amicus brief on
behalf of the City of Vernon in the matter of Warren v. City of
Carlsbad. Motion carried.
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded by
Ybarra, that the meeting adjourn. Motion carried.
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Mayor
ATTEST:
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Bruce V. Malkenhorst
City Clerk
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