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19960326 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 26, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, McCormick, Davis, Gonzales MEMBERS ABSENT: Ybarra The meeting was called to order by Mayor Malburg. It was moved by McCormick, seconded by Davis, that the Minutes of the City Council Meeting held March 5, 1996, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 14, 1996, was presented, advising that the below listed employees have qualified in the month of February, 1996 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 Emolovee Award 07/01/73 09/18/89 01/01/67 03/02/81 Don Green, Lieutenant Michael Roche, Firefighter Dave Telford, Fire Chief Gloria Orosco, Chief Deputy City Clerk 3 Year 3 Year 10 Year 11 Year The Mayor presented the aforementioned employees their award 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: 08/14/89 02/26/90 Ruben Herrera, Utilityman John Doersam, Firefighter 4 Year 6 Year The Mayor called a recess at 5:06 p.m. The Council reconvened in regular session at 5:08 p.m., all members present before the recess again being present. Police Department Activity Log for the period March 1 thru 15, 1996, was presen~ed. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period March 1 thru 15, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period March 1 thru 15, 1996, was presented. It was moved by Davis, seconded by Gonzales, that the Fire Department Activity Report for the period March 1 thru 15, 1996, be received and filed. Motion carried. Health Department Report for the month of February, 1996, was presented. It was moved by McCormick, seconded by Davis, that the Health Department Report for the month of February, 1996, be received and filed. Motion carried. Risk Management Report for the month of February, 1996, was presented. 5421 I I City Council Minutes page 2 March 26, 1996 It was moved by Gonzales, seconded by McCormick, that the Risk Management Report for the month of February, 1996, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the City Council on any item on the Agenda other than any Public Hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the Council. No one wished to address the Council at this time. It was moved by McCormick, seconded by Davis, to open the PUBLIC HEARING to consider a request from Heitz Trucking, Inc. for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 2065 Ross Street in the City of Vernon, the time being 5:10 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this issue. Communication from Kevin Wilson, Director of Community Services, dated March 13, 1996, was presented, advising that Heitz Trucking, Inc. has applied for a Conditional Use Permit to operate a truck and freight terminal at 2065 Ross Street, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. . . Heitz Trucking, 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 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. It is recommended that the following Conditions be placed on the Conditional Use Permit: a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules, regulations, and subject to permit fees as adopted by the City of Vernon. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2065 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. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. .~41' I I City Council Minutes page 3 March 26, 1996 d. A National Pollutant Discharge Elimiil'fration System Permit shall be obtained from he 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. Prior to occupancy, a business license and occupancy permit shall be obtained. h. A hazardous materials inventory and business/con- tingency 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. i. The current property owner shall submit docu- mentation of hazardous materials closure for 2065 Ross Street based on its prior operation by Mexam International. 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 r i 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 facility shall be operated in a manner that will prevent unsanitary conditions, odors, or other nuisances. 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 maintained rodent free. 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. This request for a Conditional Use Permit has been reviewed by the City Attorney, and it is hereby recommended that: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act process; 5418 I I City Council Minutes page 4 March 26, 1996 2. A Notice of Exemption be filed with the County Clerk; and 3. The Conditional Use Permit be granted to Heitz Trucking, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "pH. The Mayor asked Mr. Wilson if there were any other truck companies on this site. Mr. Wilson said yes, Mexam International, and we may be having a Public Hearing because they will be moving to another site. Councilman Davis asked if this was the company that had a spur track behind it. Mr. Wilson replied, no. There were no other questions or comments. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the request from Heitz Trucking, Inc. for a Conditional Use Permit, the time being 5:13 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication from the Director of Community Services dated March 13, 1996 and all supporting documents be received and filed. Motion carried. It was moved by McCormick, seconded by Davis, that the City Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by Davis, seconded by McCormick, that a Notice of Exemption be filed with the County Clerk. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Conditional Use Permit be granted to Heitz Trucking, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "pH. Motion carried. RESOLUTION NO. 6764 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Heitz Trucking, Inc. for the Operation of a Truck and Freight Terminal at 2065 Ross Street, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6764 be approved and adopted. Motion carried. The City Attorney advised that there were some corrections and/or changes to the following ordinances and it is necessary that tonight's reading of the titles be a First Reading, and not a second as indicated on the Agenda. ORDINANCE NO. 1036 - An Ordinance of the City Council of The City of Vernon Amending Chapter 7, Buildings, of the Code of the City of Vernon; Adopting By Reference the 1994 Editions of (1) The Uniform Building Code, Volumes 1, 2, and 3, Including Selected Appendices; (2) The Uniform Plumbing Code with the IAPMO Installation Standards, Including Selected Appendices; and (3) The Uniform Code for the Abatement of Dangerous Buildings; Adding Chapter 24 to the Code and Consolidating 541S I I City Council Minutes page 5 March 26, 1996 Building and Construction provisions Therein; and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a First Reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1036 be approved for a First Reading. Motion carried. ORDINANCE NO. 1037 - An Ordinance of the City Council of the City of Vernon Amending Chapter 7, Buildings, of the Code of the City of Vernon; Adopting By Reference the 1994 Edition of the Uniform Mechanical Code, Including Selected Appendices; and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a First Reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1037 be approved for a First Reading. Motion carried. ORDINANCE NO. 1038 - An Ordinance of the City Council of the City of Vernon Amending, Adding, and Renumbering Various Sections in Chapter 7, Buildings, of the Code of the City of Vernon; Adopting by Reference the 1994 Edition of the Uniform Fire Code, Volumes 1 and 2, Including Specified Appendices and the Uniform Fire Code Standards; and Repealing Ordinances and Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a First Reading. It was moved by Davis, seconded by Gonzales, that Ordinance No. 1038 be approved for a First Reading. Motion carried. The City Attorney advised that this ordinance should be deferred to the next meeting. ORDINANCE NO. 1039 - An Ordinance of the City Council of the City of Vernon Amending Chapters 8A and 10 of the Code of the City of Vernon to Consolidate and Reorganize Provisions Pertaining to Building and Construction in Chapter 24; and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith. (SECOND READING) It was moved by Davis, seconded by McCormick, that Ordinance No. 1039 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 29, 1996, was presented, advising that at the October 17, 1995 City Council meeting, approval was granted to amend the original contract with Boyle Engineering for the preparation of plans and specifications for the City Hall addition and remodel. The Department of Community Services pursued reducing the costs submitted by Boyle Engineering for said work and certain terms of the agreement and have renegotiated a new fee. An amendment has been drafted for the remaining architectural services at a cost of $459,127. This has been reviewed by the Director of Community Services and City Attorney, and it is hereby recommended that Amendment No. 3 to the Agreement for Professional Services with Boyle Engineering Corporation be approved and executed. (Deferred from the City Council Meeting held March 5, 1996.) It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated February 29, 1996, be received and filed, and that his recommendation be approved. Motion carried. k424 I I City Council Minutes page 6 March 26, 1996 RESOLUTION NO. 6759 - A Resolution of the City Council of the City of Vernon: (1) Approving and Authorizing the Execution of an Amendment No. 3 to the Agreement for Professional Services (City Office Addition) By and Between the City of Vernon and Boyle Engineering Corporation Pertaining to the Design Development Phase, The Construction Documents Phase, and the Construction and Administration Phase, and (2) Rescinding Amendment No. 2 to the Agreement for Professional Services Approved by Resolution No. 6698, was presented. (Deferred from the City Council Meeting held March 5, 1996.) It was moved by McCormick, seconded by Gonzales, that Resolution No. 6759 be approved and adopted. Motion carried. Communication from Fire Chief Dave Telford, dated December 19, 1995, was presented, requesting authority and funds for Fire Engineer Todd Schoenig, and Firefighters Stephen Keller and Jeff James to attend the Haz Mat Specialist Upgrade Course, Module 1G, in Torrance, April 8-12, 1996, with an allowance of $375 each for the registration fee. It was moved by Davis, seconded by Gonzales, that authority be granted for Fire Engineer Todd Schoenig, and Firefighters Stephen Keller and Jeff James to attend the afore- mentioned course with an allowance of $375 each for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 14, 1996, was presented, requesting authority and funds for Account Clerks Yvonne Jennings and Nelly Giron to attend a seminar entitled "The Basics of Writing Effective and Error-Free Business Letters, Memos and Reports" in Pasadena on April 24, 1996, with an expense allowance of $86.50 and $92.50 respectively. It was moved by McCormick, seconded by Gonzales, that authority be granted for Yvonne Jennings and Nelly Giron to attend the aforementioned seminar with an allowance of $86.50 and $92.50 respectively. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 12, 1996, was presented, requesting authority and funds for himself and Councilmen William Davis and Hilario Gonzales to attend the Sister Cities International 40th Anniversary Convention in Boston, Massachusetts, July 23-26, 1996, with an expense allowance of $772 each. It was moved by McCormick, seconded by Davis, that authority be granted for the above listed City officials to attend the aforementioned convention with an expense allowance of $772 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 12, 1996, was presented, requesting authority and funds for Chief Deputy City Clerk Gloria Orosco to attend the City Clerks' Association Annual Institute in Santa Barbara, April 21-23, 1996, with an expense allowance of $560. It was moved by Gonzales, seconded by Davis, that authority be granted for Gloria Orosco to attend the afore- mentioned conference with an expense allowance of $560. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated March 12, 1996, was presented, requesting authority and funds for UtilitYmen Joe Cervantes, Luis Reynoso, Ed Saenz and Fernando Weathers to attend a "How to 5123 I I City Council Minutes page 7 March 26, 1996 Supervise People" seminar in Los Angeles on April 30, 1996 with an expense allowance of $99 each for the registration fee. It was moved by Gonzales, seconded by McCormick, that authority be granted for Joe Cervantes, Luis Reynoso, Ed Saenz and Fernando Weathers to attend the aforementioned seminar with an allowance of $99 each for the registration fee. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 13, 1996, was presented, requesting authority and funds for Senior Dispatcher Julie Coday to attend the Civilian Supervisory Course at the Los Angeles Sheriff's Department, April 8-17, 1996, with an expense allowance of $190.40 of which $126.40 will be reimbursed by POST. It was moved by McCormick, seconded by Davis, that authority be granted for Senior Dispatcher Julie Coday to attend the aforementioned course with an expense allowance of $190.40. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 13, 1996, was presented, requesting authority and funds for Officers Jeff Bullock and Fernando Rodriguez to attend an Advanced Officer Training Course, Patrol Level, in Santa Ana, April 16-18, 1996, with an expense allowance of $124.30 each of which $70.80 each will be reimbursed by POST. It was moved by Gonzales, seconded by McCormick, that authority be granted for Officers Jeff Bullock and Fernando Rodriguez to attend the aforementioned course with an expense allowance of $124.30 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 13, 1996, was presented, requesting authority and funds for Officers Brian Leist and Mason Chancey to attend a Health and Safety Course, Drug Influence, in Santa Ana, April 15- 17, 1996, with an expense allowance of $111.80 each of which $70.80 each will be reimbursed by POST. f .. 1 It was moved by Davis, seconded by Gonzales, that authority be granted for Officers Brian Leist and Mason Chancey to attend the aforementioned course with an allowance of $111.80 each. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated March 13, 1996, was presented, transmitting a fully executed Grant Deed from Douglas Steel Supply Company for street purposes for approximately 3,282 square feet of property at the northeast corner of Alcoa and Slauson Avenues, along with a five foot strip on the east side of Alcoa Avenue just north of Slauson Avenue. It is hereby recommended that the Grant Deed be accepted and the Certificate of Acceptance be approved and executed. It was moved by McCormick, seconded by Davis, that the communication from the Director of Community Services dated March 13, 1996, be received and filed, and that the Grant Deed from Douglas Steel Supply be accepted and the Certificate of Acceptance be approved and executed. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated March 18, 1996, was presented, requesting authority and funds for Foreman Ron Anderson and UtilitYmen Manuel Giron and Jerry Chavez to attend the "Reliability" Seminar in Carson on April 3, 1996, with an allowance of $97 each for the registration fee. 5422-. I I City Council Minutes page 8 March 26, 1996 It was moved by Gonzales, seconded by McCormick, that authority be granted for Ron Anderson, Manuel Giron, and Jerry Chavez to attend the aforementioned seminar with an allowance of $97 each for the registration fee. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated March 19, 1996, was presented, requesting authority and funds for Environmental Specialists Paul Manasjan and Elizabeth Quaranta to attend the Continuing Challenge Haz Mat Emergency Response Workshop in Sacramento, September 3-6, 1996, with an expense allowance of $749.44 each. It was moved by Davis, seconded by Gonzales, that authority be granted for Paul Manasjan and Elizabeth Quaranta to attend the aforementioned workshop with an expense allowance of $749.44 each. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated March 19, 1996, was presented, requesting authority and funds for Dan Downing, Chief Deputy Director of Environmental Health, to attend the Mosquito & Vector Control Conference in Riverside, April 9-10, 1996, with an allowance of $95 for the registration fee. It was moved by McCormick, seconded by Davis, that authority be granted for Dan Downing to attend the aforementioned conference with an allowance of $95 for the registration fee. Motion carried. Communication from Fire Chief Dave Telford, dated March 21, 1996, was presented, requesting authority and funds for Fire Engineer Andrew Guth to attend the Continuing Challenge Haz Mat Emergency Response Workshop in Sacramento, September 3-6, 1996, with an expense allowance of $749.44. It was moved by Gonzales, seconded by McCormick, that authority be granted for Fire Engineer Andrew Guth to attend the aforementioned workshop with an expense allowance of $749.44. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated March 20, 1996, was presented, advising that CDC Engineering, on behalf of Catellus Development Corporation, has submitted Tentative Parcel Map No. 24480 for investigation and report in accordance with the Subdivision Map Act, and transmitting the following evidence: 1. Print of Tentative Parcel Map No. 24480 2. Engineer's Report 3. Excerpts from the Subdivision Map Act They are proposing to further subdivide the property located on the north side of District Boulevard between Loma Vista Avenue and Corona Avenue. It is the opinion of the Director of Community Services that the adoption of the Tentative Parcel Map will pose no 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. 24480 be approved with the following Conditions: 1. Catellus shall fund the costs to install a new fire hydrant on the north side of District Boulevard approximately 75 feet west of the east property line of proposed Parcel 2. 5421 I I City Council Minutes page 9 March 26, 1996 2. An easement shall be established on either Parcel 2 or 4 to benefit Parcel 3 in order that Parcel 3 may be properly served with domestic water and fire service. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this issue. Councilman Davis asked Mr. Wilson where the fire hydrant is to be installed. Mr. Wilson pointed out, on the map, where the hydrant would be installed. He indicated that there is one near the Tapatio Company location. questions. Mayor Malburg asked if there were any further There were no other questions. It was moved by McCormick, seconded by Davis, that the communication from the Director of Community Services dated March 20, 1996 and all supporting documents be received and filed as evidence, and that Tentative Parcel Map No. 24480 be approved contingent upon the company's adherence to the aforementioned Conditions No.1 and 2. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 21, 1996, was presented, transmitting the agenda for the Adjourned Regular Personnel Committee Meeting to be held March 25, 1996 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations contained in the Agenda for the Adjourned Regular Personnel Committee Meeting held March 25, 1996, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 21, 1996, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held March 25, 1996 for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations contained in the Agenda for the Adjourned Regular Finance Committee Meeting held March 25, 1996, be approved. Motion carried. RESOLUTION NO. 6765 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Agreement By and Between the City of Vernon and James F. Wisley. It was moved by Gonzales, seconded by Davis, that Resolution No. 6765 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 21, 1996, was presented, advising that the proposed annexation between the cities of Maywood and Vernon was delivered to LAFCO and was determined to be incomplete. This has been reviewed by the Director of Community Services and at this time it is necessary for the City to adopt a Negative Declaration for the project and pre-zone the property to be gained by the City. It is therefore recommended that a Negative Declaration be approved and the property be pre-zoned "M-General Industrial." n420 I I City Council Minutes page 10 March 26, 1996 It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated March 21, 1996 be received and filed, and that a Negative Declaration be approved and said property be pre-zoned "M-General Industrial." Motion carried. ORDINANCE NO. 1040 - An Ordinance of the City Council of the City of Vernon Amending the Zoning Map of the City of Vernon to the Prezone Territory Being Annexed Pursuant to the "Reorganization 1-96, Parcels 1 and 2" Involving the Cities of Vernon and Maywood, was read by title by the City Clerk for a First Reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1040 be approved for a First Reading. Motion carried. WARRANT REGISTER NO. 934 covering claims and demands presented during the period of March 1 thru March 21, 1996, drawn on the First Interstate Bank totaling $521,970.64, which includes Demand Nos. 55852 thru 56140 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period March, 1996), was examined and audited: 55852 55854 55873 55874 55913 55928 55939 55940 55941 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 934 be approved and paYment authorized for claims and demands totaling $521,970.64, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 934 covering claims and demands presented during the period of March 1 thru 21, 1996, drawn on the First Interstate Bank totaling $2,201,992.38, which includes Light and Power Demand Nos. as listed below (accounting period March, 1996), was examined and audited: 55863 55872 55875 55876 55888 55890 55891 55893 55894 55898 55901 55902 55903 55905 55908 55909 55910 55917 55922 55923 55926 55927 55929 55930 55931 55932 55933 55934 55938 55945 55952 55956 55957 55960 55961 55964 55970 55971 55980 55981 55983 55988 55990 55991 55996 56003 56006 56015 56023 56026 56027 56039 56048 56049 56065 56073 56074 56080 56089 56091 56100 56101 56102 56104 56118 56120 56124 56127 56128 56134 56135 56136 56139 56140 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 934 be approved and paYment authorized for claims and demands totaling $2,201,992.38. 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. 477 covering claims and demands presented during the period of January 7 thru February 17, 1996, drawn on the First Interstate Bank totaling $2,349,925.66 which includes Demand Nos. 8366 thru 8414 (inclusive) (accounting period February, 1996), was examined and audited. It was moved by Gonzales, seconded by McCormick, that Payroll Warrant Register No. 477 be approved and paYment authorized for claims and demands totaling $2,349,925.66. Motion carried. 5418 I I City Council Minutes page 11 March 26, 1996 The City Attorney addressed the Council and asked that the following matter be deferred again, advising that Sunlaw is not quite ready yet. Consideration of two Transformation Service Agreements between Sunlaw Cogeneration Partners 1 and the City of Vernon for Cogeneration Facilities at the Southwest Corner of Vernon and Alcoa Avenues and Downey Road at 50th Street. (Deferred from the City Council Meeting held March 5, 1996.) It was moved by McCormick, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. The City Attorney advised that the following matter should be deferred to after Closed Session. RESOLUTION NO. 6763 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Stipulation and Settlement Agreement in CPUC Docket Nos. A.91-03-039 and A.93-09-006 By and Between the City of Vernon and Southern California Gas Company. (Deferred from the City Council Meeting held March 5, 1996.) It was moved by Davis, seconded by Gonzales, that Resolution No. 6763 be deferred until after Closed Session later this date. Motion carried. Mayor Malburg abstained from voting on this matter. Mayor Malburg was excused from the meeting at 5:35 p.m. and proceeded to take a seat in the audience. Councilman Gonzales assumed the Chair. Communication from Mr. Robert Ring, dated March 6, 1996, was presented, on behalf of his client U.S. Tow and requesting time to introduce themselves and make a brief presentation on their services. Mr. Ring addressed the City Council and discussed the issue of the City utilizing the services of U.S. Tow. Mr. Ring discussed the City's lack of a contract requirement for the City to have a contract for towing. He advised that u.S. Tow is a well qualified tow service and have several local and federal government agencies who do contract with them. A Mr. Rich Chapel asked to address the City Council and just stated that his agency is opposed to "referral service fees." Mr. Tom John Jr., owner of the company, briefly summarized the number of trucks the company has and the type of towing services they provide. Presiding Councilman Gonzales advised Mr. Ring and others concerned that this matter was only to present information to the City Council and that the Council, at this time, was not prepared to, or is it necessary to, make any decisions. It was moved by McCormick, seconded by Davis, that the communication from Robert Ring dated March 6, 1996, be received and filed. Motion carried. It was moved by Davis, seconded by McCormick, that the aforementioned matter be referred to the Police Department for their review. Motion carried. At 5:40 p.m., Mayor Malburg resumed his seat on the Council and continued to chair the meeting. a411 I I City Council Minutes page 12 March 26, 1996 Mayor Malburg called a recess at 5:45 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 Gonzales, 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, the Director of Community Services, and Utilityman. 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 Director of Community Services and the Utilityman were excused from the Closed Session at 6 p.m. It was moved by Davis, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 6:01 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 6:01 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, and Chief Deputy 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) The Peoole of the State of California ex reI. City of Vernon, a municioal corooration v. Charles M. Trevino (Attorney General); (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) The City of Vernon v. The Atchison, Tooeka and Santa Fe Railway, CPUC Case No. 96-01-019; (f) CPUC Docket No. A.93-09-006 (SoCalGas) (BCAP) ; S41' I I City Council Minutes page 13 March 26, 1996 (g) CPUC Docket No. A.91-03-039 (SoCalGas) (BCAP) ; (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; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Ramon Martinez Agency claimed against: City of Vernon Claimant: Gabriel Marquez Agency claimed against: City of Vernon Mayor Malburg was excused from the Closed Session at 6:21 p.m. and Councilman Gonzales assumed the Chair. The Mayor returned to the Closed Session at 6:24 p.m. and resumed the Chair. It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:25 p.m. Motion carried. RESOLUTION NO. 6763 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Stipulation and Settlement Agreement in CPUC Docket Nos. A.91-03-039 and A.93-09-006 By and Between the City of Vernon and Southern California Gas Company (which was deferred from earlier in this meeting), was presented. (Deferred from the City Council Meeting held March 5, 1996.) It was moved by McCormick, seconded by Davis, that Resolution No. 6763 be approved and adopted. Motion carried. Mayor Malburg abstained from voting. It was moved by Gonzales, seconded by Davis, to accept the "Release of All Claims" executed by Ramon Alfredo Martinez, and to settle the claim in the amount of $9,469.99. Motion carried. It was moved by Davis, seconded by Gonzales, to approve discipline as recommended for the UtilitYman III. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. / . ATTA ,/~ Bruce V. Malkenhorst City Clerk ~416 I I NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON TO BE HELD MARCH 19, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY THE CITY CLERK (DUE TO LACK OF QUORUM) TO TUESDAY, MARCH 26, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. B Clerk AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon, do hereby certify that I did, on the 20th day of March, 1996 have posted: The above Notice of Adjournment for the City Council Meeting to be held March 19, 1996. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was to be held, within 24 hours of said adjournment. of perjury that the foregoing is Clerk NOA1