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19951219 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 19, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS ABSENT: None MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held November 21, 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 December 5, 1995, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 13, 1995, was presented, advising that the below listed employees have qualified in the months of October and November for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Date of Hire Employee 02/01/88 10/07/91 11/04/91 08/17/87 11/16/83 07/25/79 11/06/89 05/19/80 08/01/83 09/01/58 05/08/67 Hannah Raabe, Secy. to City Council Andy Ippolito, Computer Operations Asst. Claudia Gomez, Secretary Robert Faldetta, Police Sergeant James Rodino, Police Sergeant Martha Valenzuela, Finance Office Mgr. Elias Zepeda, Utilityman Manuel Giron, Utilityman Edward Rodriguez, Utilityman Louis Rosenkrantz, Police Chief Terry Gresham, Foreman Award 2 Year 3 Year 4 Year 5 Year 5 Year 6 Year 6 Year 7 Year 7 Year 7 Year 14 Year 'if. ~ The Mayor presented the aforementioned employees with their awards and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department head: 11/15/93 03/15/63 08/18/89 04/01/89 08/17/87 11/15/93 07/05/87 01/07/91 11/02/92 11/30/90 11/02/92 09/18/89 06/23/85 Michael Docherty, Police Officer James Dunn, Fire Captain Daniel Kimes, Fire Engineer Lorenzo Mendoza, Utilityman William Niesley, Fire Captain Matthew Saidleman, Police Officer Jeff Coburn, Water & Power Dispatcher Stephen Keller, Firefighter Andrew Kroner, Firefighter Ronald McQuire, Police Officer Todd Painton, Firefighter Eric Purvis, Firefighter Martin Sanchez, Diesel Operator The Mayor called a recess at 5:12 p.m. 2 Year 2 Year 2 Year 2 Year 2 Year 2 Year 3 Year 3 Year 3 Year 3 Year 3 Year 3 Year 8 Year The Council reconvened in regular session at 5:16 p.m., all members present before the recess again being present. 5363 I I City Council Minutes page 2 December 19, 1995 Communication from Bruce V. Malkenhorst, City Clerk, dated December 12, 1995, was presented, advising that the Management Committee for selection of the Annual City Employee SPIRITS Award has selected Mr. Curtis Kirkland, Senior Electronics Technician in the Light and Power Department, as the recipient of the 1994 SPIRITS Level 3 Award. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated December 12, 1995 be received and filed. Motion carried. RESOLUTION NO. 6730 - A Resolution of the City Council of the City of Vernon Commending Curtis L. Kirkland, Senior Electronics Technician in the Light and Power Department, For His Exemplary Services to the City of Vernon During 1994, was presented. The Mayor presented Mr. Kirkland with the Resolution and thanked him for his efforts. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6730 be approved and adopted. Motion carried. Police Department Activity Log for the period December 1 thru 15, 1995, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period December 1 thru 15, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period December 1 thru 15, 1995, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period December 1 thru 15, 1995, be received and filed. Motion carried. Health Department Report for the month of November, 1995, was presented. It was moved by McCormick, seconded by Gonzales, that the Health Department Report for the month of November, 1995, be received and filed. Motion carried. Risk Management Report for the month of November, 1995, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of November, 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. There was no one in the audience who wished to address the Council. Communication from Bruce V. Malkenhorst, City Clerk, dated November 2, 1995, was presented, advising that Douglas Steel Company is requesting the City's assistance in developing property at the northeast corner of Slauson and Alcoa Avenue which will consist of the construction of a 60,000 square ft. industrial/manufacturing facility at a cost of approximately $4.5 million. They are specifically requesting assistance from the City in relocating power poles and providing electrical service to their meter. Douglas Steel has agreed to a seven year 5362 I I City Council Minutes page 3 December 19, 1995 commitment to purchase up to approximately 1.1 megawatts of power which will result in additional monthly revenue for the Department of Light and Power. This has been reviewed by the City Attorney, and it is hereby recommended that an Electrical Service Agreement with Douglas Steel Supply Company be approved and executed. (Deferred from the City Council Meeting held December 5, 1995.) It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated November 2, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6707 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Electrical Service Agreement By and Between the City of Vernon, the Redevelopment Agency of the City of Vernon and Douglas Steel Supply Company, was presented. (Deferred from the City Council Meeting held December 5, 1995.) It was moved by McCormick, seconded by Davis, that Resolution No. 6707 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Sears, Roebuck & Co. for a Variance to allow the tenant to occupy a non-conforming building that has been vacant for more than one year located at 2700 Fruitland Avenue, Vernon, the time being 5:23 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 December 14, 1995, was presented, advising that Sears, Roebuck & Company has requested a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-6, Automobile Parking Requirements, and Section 26.4.6-7, Automatic Expiration of Non- Conforming Building, for the building located at 2700 Fruitland Avenue, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has been vacant for over one year and cannot be occupied unless it is brought into conformity with all regulations. The building is approximately 296,000 square feet and the site does not have sufficient area to supply all of the required automobile parking. The company intends to occupy only the portion of the building for which they can supply adequate parking. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is recommended that a Variance be granted only for Section 26.4.2-6, Automobile Parking Requirements, subject to the following Conditions: a. Prior to any modifications or construction, all necessary permits shall be obtained from the City of Vernon. b. Prior to occupancy, the property shall be made to substantially conform with all current City of Vernon Codes (except for automobile parking) including, but not limited to, truck parking and loading, building code, seismic stability, and ADA requirements. 5361 I I City Council Minutes page 4 December 19, 1995 c. Prior to occupancy, the required automobile parking spaces shall be provided for the building square footage which will be occupied. d. No portion of the building for which required automobile parking has not been provided shall be used. e. The automobile parking for the entire building shall be brought into conformance with Ordinance 801 prior to August 19, 2009. f. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed and maintained to meet City standards. g. Sidewalk shall be constructed and the owner shall dedicate the necessary street right-of-way to the City of Vernon in order to comply with the Master Plan of Streets dated June 16, 1992. Mr. Wilson advised the Council that Condition "e" should be changed to read as follows: e. The automobile parking for the entire building shall be brought into conformance with the Comprehensive Zoning Ordinance prior to August 19, 2009. questions. The Mayor asked if anyone in the audience had any Mr. Herbert Katz and Mr. Robinson Takahashi addressed the Council on behalf of Sears, Roebuck & Co. and advised they were available to answer any questions. No one had any questions or comments. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing pertaining to the Variance request from Sears, Roebuck & Co., the time being 5:28 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated December 14, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to Sears, Roebuck & Co. contingent upon their adherence to Conditions "a" thru "g" which includes the revised Condition "e". Motion carried. RESOLUTION NO. 6727 - A Resolution of the City Council of the City of Vernon Granting a Variance to Sears, Roebuck & Company, From Section 26.4.2-6, Automobile Parking Requirements, of the Comprehensive Zoning Ordinance, for the Property Located at 2700 Fruitland Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6727 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 14, 1995, was presented, advising that Sears, Roebuck & Co. has requested a Variance from Sections 505 and 506 of the 1991 Uniform Building Code, which restricts allowable building areas, for the building that they propose to occupy at 2700 Fruitland Avenue, and transmitting the Engineer's report pertaining to same. The building is approximately 295,000 square SS~l) I I City Council Minutes page 5 December 19, 1995 feet and this area exceeds the maximum allowable area for a building unless the building has minimum 60 foot wide side yards. The company has agreed to make the following modifications to the building in order to reduce the possibility of fire spreading to neighboring properties: 1. Remove both the 20 foot wide canopy covering the raised loading dock for the entire length of the west side of building and any portion of the building that is within 36 feet and 9 inches of the western property line. 2. Remove the 20 foot wide canopy covering the raised loading dock on the east side of the building for that portion of the building that does not have a 60 foot yard and for the additional 48 feet south of the point where the east property line shifts away from the building. 3. Where less than a 60 foot yard is provided, the building walls shall be reconstructed to have a one-hour fire rating. Any openings in the one hour wall shall be protected with a minimum three fourths-hour rated assembly. The one hour wall shall have a one hour rated parapet that extends a minimum of 30 inches above the point where the top of the roof meets the existing exterior building wall. 4. Those walls with less than a 60 foot yard shall be protected with automatic fire monitors designed by a licensed engineer and approved by the Fire Chief. 5. The side yard areas on the east and west sides shall be suitably paved for Fire Department vehicle access. These access roadways shall be striped and marked in accordance with Vernon Fire Department standards. Adequate driveway access shall be provided for each roadway as required by the Fire Chief. 6. Provide a covenant for the adjacent property to the south of the subject property in order to provide a full 60 foot yard measured from the southernmost point of the building. 7. The electrical substation at the northeast end of the building and the associated electrical service shall be relocated to another part of the building away from the Fire Department access roadways. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that a Variance from Sections 505 and 506 of the 1991 Uniform Building Code be granted to Sears, Roebuck and Co. contingent upon their completion of the aforementioned modifications prior to occupancy. If the Variance is granted no additional hazards will be introduced. Councilman Davis inquired about the electric service at this location. 5358 I I City Council Minutes page 6 December 19, 1995 At this time, Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter for them including the electric service. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated December 14, 1995 and all supporting documents be received and filed, and that the Variance from Sections 505 and 506 of the 1991 Uniform Building Code be granted to Sears, Roebuck and Co. contingent upon their completion of Modifications Numbers 1 thru 7 listed above prior to occupying the site. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Thomas J. O'Keefe, Trustee of the Thomas A. O'Keefe Children's Trust, for a Variance to allow the tenants to utilize seven non-conforming truck loading spaces at 4807 thru 4827 49th Street, Vernon, the time being 5:35 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 December 14, 1995, was presented, advising that Thomas J. O'Keefe, Trustee of the Thomas A. O'Keefe Children's Trust and Helen G. O'Keefe have submitted an application requesting a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2- 8, Development Standards, for the buildings located at 4807 through 4827 49th Street, 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 one conforming truck loading space and seven non-conforming spaces. Three of the non-conforming spaces are 10 feet wide and 30 feet long; two are 10 feet wide and 25 feet long; and two are 10 feet wide and 28 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 most easterly truck loading space located at 4827 49th Street measuring 10 feet in width and 28 feet in length shall be brought into compliance with Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance. Plans for said construction shall be submitted within three months of adoption of this Resolution. Permits shall be obtained for said work within four months of the adoption date, and construction shall be started on said work within five months of the adoption of this resolution. Construction shall be completed within six months of the adoption of this resolution. b. Within fifteen days of the adoption of this resolution, Thomas J. O'Keefe, Trustee of the Thomas A. O'Keefe Children's Trust and Helen G. O'Keefe, shall deliver a $10,000 Certificate of Deposit to the City of Vernon, to be refunded to Thomas J. O'Keefe, Trustee of the Thomas A. O'Keefe Children's Trust and Helen G. O'Keefe 5358 I I City Council Minutes page 7 December 19, 1995 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. c. The usage of the six remaining 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. 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. The Mayor asked if the City Council had any questions of Mr. Wilson. There were no questions. It was moved by McCormick, seconded by Davis, to close the Public Hearing regarding the Variance request from Thomas J. O'Keefe, Trustee of the Thomas A. O'Keefe Children's Trust and Helen G. O'Keefe, the time being 5:38 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated December 14, 1995 and all supporting documents be received and filed, and that the Variance be granted to Thomas J. O'Keefe, Trustee of the Thomas A. O'Keefe Children's Trust and Helen G. O'Keefe contingent upon their adherence to Conditions "a" thru "d". Motion carried. RESOLUTION NO. 6728 - A Resolution of the City Council of the City of Vernon Granting a Variance to Thomas J. O'Keefe, Trustee of the Thomas A. O'Keefe Children's Trust and Helen G. O'Keefe From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Properties Located at 4807 Through 4827 49th Street in the City of Vernon, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6728 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by McCormick, to open the PUBLIC HEARING to consider a request from Matheson Fast Freight, Inc. for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 2910 Ross Street, Vernon, the time being 5:39 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 December 14, 1995, was presented, advising that Matheson Fast Freight, Inc. has applied for a Conditional Use Permit to operate a truck and freight terminal at 2910 Ross Street in the City of Vernon, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report. _~_' ft'r.;-. 535'1' I I City Council Minutes page 8 December 19, 1995 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. Matheson Fast Freight, Inc. was found to be categorically exempt from the California Environmental Quality Act process since they will be using an existing truck terminal and the facility is not being expanded. It is the opinion of the Acting Director of Community Services that the proposed operation will pose no adverse effects to the City of Vernon and will not have a significant effect on the environment, and no mitigating measures are required. This has been reviewed by the City Attorney, and it is recommended that the Conditional Use Permit be subject to the following Conditions: a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules, and regulations and shall be subject to City 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. Prior to occupancy, a business license and occupancy permit shall be obtained. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2910 Ross Street in the City of Vernon. b. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash, and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed to meet City standards. c. Service of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. d. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. e. No equipment or freight shall be stored on the site, other than in buildings, trailers, or on the docks. f. 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. A hazardous materials inventory and business/ contingency plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. :5:>>:i~ I I City Council Minutes page 9 December 19, 1995 i. The current property owner shall submit documentation of hazardous materials closure for 2910 Ross Street based on its prior operation by Con-Way Western Express. j. 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 from the City of Vernon Health Department. k. Toilet rooms shall be provided with adequate ventilation, lighting and wall mounted single service soap, towel, and toilet paper dispensers. 1. Approved drinking water facilities shall be provided for employees. m. The property shall be provided with adequate refuse containers and refuse disposal service. n. The facility's buildings shall be structurally maintained to exclude rodents, and the property shall be repaired and maintained to meet City standards. o. The facility shall be operated in a manner which will not impede traffic on Ross Street. p. All existing cracked sidewalk, curb, and gutter adjacent to the site in Ross Street shall be repaired and maintained to meet City standards. It is hereby recommended that the City Council find that: 1. The proposed use is categorically exempt from the California Environmental Quality Act process. It is further recommended that: 1. A Notice of Exemption be filed with the County Clerk. 2. The Conditional Use Permit be granted to Matheson Fast Freight contingent upon the afore- mentioned Conditions "a" thru "p". Wilson. The Mayor asked if there were any questions of Mr. There were no questions. It was moved by Davis, seconded by Gonzales, to close the Public Hearing regarding the request for a Conditional Use Permit from Matheson Fast Freight, Inc., the time being 5:41 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the Acting Director of Community Services dated December 14, 1995 and all supporting documents be received and filed. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act process. Motion carried. 5355 I I City Council Minutes page 10 December 19, 1995 It was moved by McCormick, seconded by Ybarra, that a Notice of Exemption be filed with the County Clerk. Motion carried. It was moved by Davis, seconded by Gonzales, that the Conditional Use Permit be granted to Matheson Fast Freight contingent upon their adherence to the aforementioned Conditions "a" thru "pH. Motion carried. RESOLUTION NO. 6726 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Matheson Fast Freight, Inc. for the Operation of a Truck and Freight Terminal at 2910 Ross Street, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6726 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated December 5, 1995, was presented, requesting authority and funds to attend the League of California Cities City Managers Department Meeting in San Diego, February 14-16, 1996, with an expense allowance of $902. It was moved by Davis, seconded by McCormick, authority be granted for the City Administrator to attend aforementioned meeting with an expense allowance of $902. carried. that the Motion Communication from Bruce V. Malkenhorst, City Administrator, dated December 5, 1995, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, Councilmen William Davis and Hilario Gonzales, and Finance Office Manager Martha Valenzuela to attend the California Society of Municipal Finance Officers 1996 Annual Seminar in Burbank, February 25-27, 1996, with an expense allowance of $627 each. It was moved by Gonzales, seconded by Ybarra, that authority be granted for the above listed City officials and the Finance Office Manager to attend the aforementioned seminar with an expense allowance of $627 each. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated December 6, 1995, was presented, transmitting a fully executed Grant Deed from Grace Cole Klein, Donald Klein, Jeffrey Ullman Cole, Anne Alice Cole, Thomas Frederick Cole, and Donna G. Cole-Brule'. The deed is for street purposes for a portion of property (approximately 515 square feet) at the northwest corner of Fruitland Avenue and Pacific Boulevard. This has been reviewed by the City Attorney, and it is hereby recommended that the Grant Deed be accepted and that the Certificate of Acceptance be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the Acting Director of Community Services dated December 6, 1995 be received and filed, the Grant Deed be accepted, and the Certificate of Acceptance be approved and executed. Motion carried. The City Clerk advised that the following matter should be deferred to the next meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated December 11, 1995, transmitting the "City of Vernon Drug and Alcohol Testing Policy for Employees Subject to Department of Transportation Testing Regulations." The policy pertains to drug and alcohol testing for certain City employees. This has been reviewed by the City Attorney, and it is hereby recommended that said policy be approved. 5354 I I City Council Minutes page 11 December 19, 1995 RESOLUTION NO. 6732 - A Resolution of the City Council of the City of Vernon Approving and Adopting a City of Vernon Drug & Alcohol Testing Policy for Employees Subject to Department of Transportation Testing Regulations. It was moved by Gonzales, seconded by McCormick, that the aforementioned matter be deferred to the next City Council Meeting. Communication from Kevin Wilson, Acting Director of Community Services, dated December 13, 1995, was presented, advising that Contract No. 526, 50th Street and 52nd Street Improvements, has been completed. The total contract amount, including Change Order No. 1 and Extra Work Orders 1 through 4 was $319,443.01. A final partial paYment of $195,779.71 is now due, and the remaining ten percent, $31,944.30, is payable thirty-five days after acceptance. This has been reviewed by the City Attorney, and it is hereby recommended that the work be accepted and authority granted to pay the contractor, Vasilj, Inc. DBA IVANKO, located at 1416 Avenida Entrada, San Dimas, California 91773 in accordance with the agreement. It was moved by Ybarra, seconded by Davis, that the communication from the Acting Director of Community Services dated December 13, 1995 be received and filed, and that his recommendation be approved. RESOLUTION NO. 6729 - A Resolution of the City Council of the City of Vernon Accepting the Work of Vasilj, Inc. dba Ivanko, In accordance with Contract No. 526 of the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6729 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 14, 1995, was presented, advising that the Police Department is awarding Sergeants James Rodino, Jim Wohlt, and Robert Faldetta a 1995 Level 1 SPIRITS (Superior Performance or Ideas Resulting in Tangible Savings) Award for their superior performance during the past year. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated December 14, 1995, be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 14, 1995, was presented, recommending that Mayor Pro Tem Thomas Ybarra be reappointed to serve as the City's Director on the Governing Board of the Alameda Corridor Transportation Authority and also the Southeast Cities Transportation Authority. In addition, it is recommended that Councilman Hilario Gonzales be appointed to serve as the City's Alternate Director on both Governing Boards. It was moved by Davis, seconded by McCormick, that the communication from the City Clerk dated December 14, 1995 be received and filed, and that his recommendations be approved. Motion carried. RESOLUTION NO. 6731 - A Resolution of the City Council of the City of Vernon Reappointing Thomas A. Ybarra to Represent the City of Vernon as a Director on the Governing Board of the Southeast Cities Transportation Authority ("SECTA") and the Alameda Corridor Transportation Authority ("ACTA") and Appointing Hilario Gonzales to Act as the Alternate Director on the Boards of Both Agencies, was presented. 5353 I I City Council Minutes page 12 December 19, 1995 It was moved by McCormick, seconded by Davis, that Resolution No. 6731 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 14, 1995, was presented, transmitting results, as listed below, of bids submitted and opened December 13, 1995, in accordance with Contract No. 527, Rehabilitation of Reservoir 2- 1, and advising that they have been transmitted to the Department of Community Services for review: Spiess Construction Co., Inc. Robison-Prezioso, Inc. Matrix Service, Inc. $ 250,640 $ 302,393 $ 219,907 It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated December 14, 1995 be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 14, 1995, was presented, transmitting results, as listed below, of bids submitted and opened December 13, 1995, in accordance with Bid Nos. 1348 and 1349 for one 500 kVA and one 1000 kVA Padmount Transformer respectively. Bid No. 1348 - One 500 kVA Padmount Transformer ABB c/o Wesco Cooper Power Systems c/o Upsco Southwest Utility Sales Co. Howard Industries c/o Young & Co. GE c/o Southwest Power $ 7,526.00 8,690.00 9,591.00 10,195.00 11,366.32 Bid No. 1349 - One 1000 kVA Padmount Transformer Cooper Power Systems c/o Upsco Southwest Utility Sales Co. Howard Industries c/o Young & Co. ABB c/o Wesco GE c/o Southwest Power $13,330.00 14,683.00 15,096.00 15,354.00 20,704.21 The bids have been reviewed by the staff of the Light and Power Department, and it is hereby recommended that both Bid No. 1348 and 1349 be awarded to ABB, Inc., based on the lowest total ownership cost determined by the lowest equivalent annual operating cost. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated December 14, 1995 be received and filed, to accept Bid Nos. 1348 and 1349, and to award the bids to ABB, Inc. for one 500 kVA and one 1000 kVA padmount Transformer. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated December 14, 1995, was presented, transmitting the Minutes of the Finance Committee Meeting held December 12, 1995, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, to correct the Minutes of the Finance Committee Meeting held December 12, 1995 to delete the names of William Davis and William McCormick as members present and thereby approve said minutes. Motion carried. The City Clerk advised that the following matter should be deferred to the next meeting. 5~$l I I City Council Minutes page 13 December 19, 1995 RESOLUTION NO. 6733 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Services Agreement By and Between the City of Vernon and Michael J. Wagner & Associates, Inc. It was moved by Ybarra, seconded by Gonzales, that the aforementioned matter be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 14, 1995, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held December 18, 1995, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations contained in the Agenda for the Personnel Committee Meeting held December 18, 1995 be approved. Motion carried. WARRANT REGISTER NO. 928 covering claims and demands presented during the period of December 1 thru December 14, 1995, drawn on the First Interstate Bank totaling $330,788.96, which includes Demand Nos. 54668 thru 54890 (inclusive), excluding Light and Power Demands and Void Demand Nos. 54692, 54708, 54721, and 54728 thru 54734 (inclusive) (accounting period December, 1995), was examined and audited. It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 928 be approved and paYment authorized for claims and demands totaling $330,788.96, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 928 covering claims and demands presented during the period of December 1 thru 14, 1995, drawn on the First Interstate Bank totaling $2,375,992.77, which includes Light and Power Demand Nos as listed below (accounting period December, 1995) was examined and audited: 54668 54687 54711 54720 54738 54777 54858 54874 54670 54691 54715 54722 54747 54801 54859 54875 54677 54696 54716 54723 54753 54808 54860 54881 54681 54698 54717 54724 54763 54809 54866 54883 54685 54700 54718 54725 54773 54822 54870 54886 54686 54705 54719 54736 54776 54855 54871 54888 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 928 be approved and paYment authorized for claims and demands totaling $2,375,992.77. 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. 474 covering claims and demands presented during the period of October 15 thru November 11, 1995, drawn on the First Interstate Bank totaling $1,565,533.86 which includes Demand Nos. 8238 thru 8275 (inclusive) (accounting period November, 1995), was examined and audited. It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 474 be approved and paYment authorized for claims and demands totaling $1,565,533.86. Motion carried. The Mayor called a recess at 6 p.m. 5351 I I City Council Minutes page 14 December 19, 1995 The Council reconvened in regular session at 6:05 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 6:06 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 Chief of Police was excused from the Closed Session at 6:11 p.m. It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 6:11 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session to confer on Items No.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 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 Municioal Water District, LASC No. BC 121124; (b) Citv of Vernon vs. Central Basin, etc., Zastrow, et al., LASC No. BC 130693; (c) City of South Gate, et al. vs. City of Los Angeles, 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 (SoCalGas) (BCAP) ; (f) CPUC Docket No. A.91-03-039 (SoCalGas) (BCAP) ; 5350 I I City Council Minutes page 15 December 19, 1995 (g) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723 and 2 CIV B077228; (h) Vernon v. SoCalGas, USDC No. CV-92-03435 SVW (Ctx); USCA No. 94-56174 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: GAMCO Industries Agency claimed against: City of Vernon 4. 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: Two (2) Potential Cases It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:23 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, to deny the liability claim of GAMCO Industries. Motion carried. It was moved by Ybarra, seconded by Davis, that the Police Officer be disciplined as recommended by the City Clerk and the Chief of Police based on the findings of the Accident Investigation Committee. Motion carried. There being no further business to be discussed before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. ATTEST: ~ Bruce V. Malkenhorst City Clerk 5:ltSl