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19960820 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 20, 1996 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Davis, seconded by Ybarra, that the Minutes of the City Council Meeting held August 6, 1996, be deferred to the next City Council Meeting. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Minutes of the Adjourned Regular City Council Meeting held July 30, 1996, be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 14, 1996, was presented, advising that the below listed employees have qualified in the month of July 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 Emplovee Award 02/26/90 07/27/92 09/28/86 07/09/90 12/08/85 07/01/90 Jeff Wightman, Utilityman Richard Sweeney, Power Engineer Gerald Chavez, Utilityman Kenneth DeDario, Dir. of Light & Power Rex Hill, Police Officer Ali Nourmohamadian, Elec. Engr. Assoc. 2 Year 4 Year 6 Year 6 Year 6 Year 6 Year The Mayor presented awards to the aforementioned employees 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: 03/16/86 05/31/88 03/09/92 07/01/87 12/16/85 08/19/84 Darren Simpkins, Firefighter Alfred Jaime, Police Officer Stacy Waterfall, Dispatcher Adam Alvarez, Utilityman Steven Hartsfield, Utilityman Luis Reynoso, Utilityman 2 Year 3 Year 4 Year 7 Year 7 Year 9 Year The Mayor called a recess at 5:11 p.m. The Council reconvened in regular session at 5:14 p.m., all members present before the recess again being present. Police Department Activity Log for the period August 1 thru 15, 1996, was presented. It was moved by Ybarra, seconded by Davis, that the Police Department Activity Log for the period August 1 thru 15, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period August 1 thru 15, 1996, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity Report for the period August 1 thru 15, 1996, be received and filed. Motion carried. 5'541 '1 I I City Council Minutes Page 2 August 20, 1996 Health Department Report for the month of July, 1996, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of July, 1996, be received and filed. Motion carried. Risk Management Report for the month of July, 1996, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of July, 1996, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. The Mayor stated that this was not for any public hearing on tonight's agenda. There was no one in the audience who wished to address the Council at this time. The PUBLIC HEARING to consider adoption of Ordinance No. 1043 amending Sections 15.36, 15.36-1, 15.37, and 15.37-1 of the Code of the City of Vernon concerning business license taxes and adding Section 15.38 to said code relating to the establishment of a business license tax for businesses engaged in recycling lead-acid batteries and establishing a date for an election to be held to approve the levy of the business license taxes contained herein, was continued from the previous meeting. David B. Brearley, City Attorney, addressed the Council and briefly summarized this issue for both the Council and the audience. The Mayor asked if anyone wished to address the City Council on this issue at this time. this issue. There was no one wishing to address the Council on It was moved by McCormick, seconded by Gonzales, to Close the Public Hearing regarding the consideration to adopt Ordinance No. 1043, the time being 5:20 p.m. Motion carried. The City Attorney asked the City Council to defer the following ordinance until later in the meeting. ORDINANCE NO. 1043 - An Ordinance of the City Council of the City of Vernon Amending Sections 15.36, 15.36-1, 15.37, and 15.37-1 of the Code of the City of Vernon Concerning Business License Taxes and Adding Section 15.38 to Said Code Relating to the Establishment of a Business License Tax for Businesses Engaged in Recycling Lead-Acid Batteries and Establishing a Date for an Election to be Held to Approve the Levy of the Business License Taxes Contained Herein. (FIRST AND FINAL READING) (Deferred from the City Council Meeting held August 6, 1996.) It was moved by Gonzales, seconded by Ybarra, that the aforementioned matter be deferred until a later time during this meeting. Motion carried. 55310 I I City Council Minutes page 3 August 20, 1996 RESOLUTION NO. 6832 - A Resolution of the City Council of the City of Vernon, California, Calling and Giving Notice of the Holding of a Special Municipal Election to be Held on Tuesday, December 10, 1996, for the Submission to the Qualified Voters a Question Relating to the Amending of Business License Taxes and the Establishment of A Business License Tax for Businesses Engaged in Recycling Lead-Acid Batteries Within the City of Vernon, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6832 be approved and adopted. Motion carried. RESOLUTION NO. 6833 - A Resolution of the City Council of the City of Vernon, California, Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of a Special Municipal Election to be Held on Tuesday, December 10, 1996, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6833 be approved and adopted. Motion carried. RESOLUTION NO. 6834 - A Resolution of the City Council of the City of Vernon, California, Setting priorities for Filing Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis Regarding a City Measure, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6834 be approved and adopted. Motion carried. RESOLUTION NO. 6835 - A Resolution of the City Council of the City of Vernon, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6835 be approved and adopted. Motion carried. RESOLUTION NO. 6836 - A Resolution of the City Council of the City of Vernon, California, Ordering the Canvass of the Special Municipal Election To Be Held on Tuesday, December 10, 1996, Be Made by the City Clerk, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6836 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Kelen Family Trust B - Penny K. Meepos for a Variance to allow the tenant to utilize three non-conforming truck loading spaces at 5015 Pacific Boulevard in the City of Vernon, the time being 5:21 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this issue for the Council. Communication from Bruce V. Malkenhorst, City Clerk, dated August 8, 1996, was presented, advising that Penny Kelen Meepos, Trustee of the Steven Kelen Family Trust B, has submitted an application requesting a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 5015 Pacific Boulevard, and transmitting the following evidence: 5539 I I City Council Minutes page 4 August 20, 1996 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has two conforming truck loading spaces and three non-conforming truck loading spaces that are 11 feet wide and 40.7 feet long. The Trustee is proposing to use only vehicles of a smaller length at the non-conforming spaces. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Variance be granted subject to the following Conditions: a. The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at, or using, the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. b. All existing and future tenants shall be notified of these restrictions and a condition stating same shall be placed in all future leases. The Mayor asked if there were any questions from the audience or from the City Council. There were no questions. It was moved by Gonzales, seconded by McCormick, to close the Public Hearing with regard to the Variance request on behalf of the Steven Kelen Family Trust B, the time being 5:21 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated August 8, 1996 and all supporting documents be received and filed, and that the Variance be granted to the Steven Kelen Family Trust B contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6828 - A Resolution of the City Council of the City of Vernon Granting a Variance to the Steven Kelen Family Trust B From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 5015 Pacific Boulevard in the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6828 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from USF Distribution Services, Inc. for a Conditional Use Permit to allow the applicant to operate a truck terminal at 2230 38th Street in the City of Vernon, the time being 5:24 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services, dated August IS, 1996, was presented, advising that USF Distribution Services, Inc. has applied for a Conditional Use Permit to operate a truck terminal at 2230 38th Street, and transmitting the following supporting documents: 5538 I I City Council Minutes page 5 August 20, 1996 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. USF Distribution Services, 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 set forth on the Conditional Use Permit: a. The facility shall be operated in accordance with all current codes, rules, regulations, and subject to permit fees as adopted by the City of Vernon. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2230 38th Street in the City of Vernon b. If any portion of a building remains vacant for a period greater than one year, the building shall be made to conform with all current codes, rules, and regulations. c. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash, and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed to meet City standards. d. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. e. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. f. Equipment or freight shall not be stored on the site, other than in buildings, trailers, or on the docks. g. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. h. 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. i. 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. 5S3' ") I I City Council Minutes page 6 August 20, 1996 j. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. k. The facility shall be operated in a manner which will not impede traffic on 38th Street. 1. All existing cracked sidewalk, curb, and gutter adjacent to the site on 38th Street shall be repaired and maintained to meet City standards. 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. Toilet rooms shall be provided with adequate ventilation, lighting, and wall mounted single serving soap, towel, and toilet paper dispensers. o. Approved drinking water facilities shall be provided for employees. It is hereby recommended that: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act process; 2. A Notice of Exemption be filed with tlie County Clerk; and 3. The Conditional Use Permit be granted to USF Distribution Services, Inc. contingent upon their adherence to the aforementioned Conditions. The Mayor asked if there was anyone in the audience or any member of the City Council who had any questions. There were no questions. It was moved by Gonzales, seconded by Ybarra, to close the Public Hearing regarding the request from USF Distribution Services, Inc. for a Conditional Use Permit, the time being 5:26 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the Director of Community Services dated August IS, 1996 and all supporting documents be received and filed. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act process. Motion carried. It was moved by Ybarra, seconded by Davis, that a Notice of Exemption be filed with the County Clerk. Motion carried. It was moved by Davis, seconded by Gonzales, that the Conditional Use Permit be granted to USF Distributions Services, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "0". Motion carried. 553S I I City Council Minutes page 7 August 20, 1996 RESOLUTION NO. 6831 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to USF Distribution Services, Inc. for the Operation of a Truck Terminal at 2230 38th Street, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6831 be approved and adopted. Motion carried. It was moved by Davis, seconded by Gonzales, to open the PUBLIC HEARING regarding the City of Vernon's conformance with the Congestion Management Plan as established by the Los Angeles County Metropolitan Transportation Authority, the time being 5:27 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this issue. Communication from Bruce V. Malkenhorst, City Clerk, dated August 14, 1996, was presented, advising that the Community Services Department has conducted studies as required by the Metropolitan Transit Authority (MTA) and outlined in the Congestion Management Plan (CMP) Land Use Analysis Program for Vernon and transmitting the following documents: 1. 1996 Local Implementation Report; 2. Notice of Public Hearing, Affidavit of Posting and Declaration of Publication; and 3. Engineer's Report. This has been reviewed by the Director of Community Services and City Attorney, and it has been determined that the City of Vernon is in conformance with said program; therefore, it is hereby recommended that a "self-certification" resolution be adopted. Wilson. The Mayor asked if there were any questions for Mr. There were no questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing regarding Vernon's conformance with the Congestion Management Plan, the time being 5:30 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated August 14, 1996 and all supporting documents be received and filed. Motion carried. RESOLUTION NO. 6841 - A Resolution of the City Council of the City of Vernon Finding the City of Vernon To Be In Conformance with the Congestion Management Program (CMP) as Established by the Los Angeles County Metropolitan Transportation Authority, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6841 be approved and adopted. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated August 5, 1996, was presented, requesting authority and funds to attend the 1996 California Directors of Environmental Health Conference in San Diego, September 24-27, 1996, with an expense allowance of $784.10. 5535'" I I City Council Minutes page 8 August 20, 1996 It was moved by Gonzales, seconded by Ybarra, that authority be granted for Lewis Pozzebon to attend the afore- mentioned conference with an expense allowance of $784.10. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated August 6, 1996, was presented, requesting authority and funds for Mayor Leonis Malburg, Mayor Pro Tem Thomas Ybarra, and Councilman William McCormick to attend the League of California Cities 98th Annual Conference in Anaheim, October 13-15, 1996, with an expense allowance of $712.50 each. It was moved by Davis, seconded by McCormick, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $712.50 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated August 6, 1996, was presented, requesting authority and funds for himself and Councilman William Davis to attend the League of California Cities 98th Annual Conference in Anaheim, October 13-15, 1996, with an expense allowance of $462.50 each. It was moved by Ybarra, seconded by Gonzales, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $462.50 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated August 6, 1996, was presented, requesting authority and funds for the below listed City officials to attend the League of California Cities 98th Annual Conference in Anaheim, October 13-15, 1996, with an expense allowance of $652.50 each: Kenneth DeDario, Director of Light and Power Kevin Wilson, Director of Community Services Dave Telford, Fire Chief Louis Rosenkrantz, Police Chief David Brearley, City Attorney It was moved by Davis, seconded by Gonzales, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $652.50 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated August 7, 1996, was presented, requesting authority and funds for Senior Dispatcher Julie Coday to attend the 1996 Annual Training Conference for California Law Enforcement Telecommunications System (CLETS) Users in Anaheim, September 23- 27, 1996, with an expense allowance of $255. It was moved by Ybarra, seconded by McCormick, that authority be granted for Julie Coday to attend the aforementioned training conference with an expense allowance of $255. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 8, 1996, was presented, advising that U.S. Growers Cold Storage has requested a Variance from the 1994 Uniform Mechanical Code Sections 1108 and 1109, and the 1994 Uniform Fire Code Sections 6308 and 6309, for the property located at 3231 44th Street, and transmitting the Engineer's Report. These sections of the code establish the minimum design criteria to be used when constructing an ammonia diffusion system for an ammonia 5531 I I City Council Minutes page 9 August 20, 1996 refrigeration system. U. S. Growers would like to install an ammonia diffusion system that does not comply with the requirements of these code sections. They propose to utilize an underground tank with a specially designed diffusion system. This has been reviewed by the Director of Community Services, and it is hereby recommended that the Variance be granted to u.S. Growers Cold Storage contingent upon their adherence to the following Conditions: a. The underground ammonia diffusion tank shall be of double wall construction. b. The annular space between the walls of the tank shall be continuously monitored for leakage using an approved monitoring system. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. The Mayor asked if the Fire Department had reviewed this matter. The Fire Chief reported yes, they had, and they were in agreement with Mr. Wilson. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated August 8, 1996 and all supporting documents be received and filed, and that the Variance be granted to u.S. Growers Cold Storage contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 13, 1996, was presented, advising that the Hearing Examiner Agreement with Lloyd B.Carter which provides for the hearing and disposition of contested parking/standing citations for the Police Department, and the agreement with the Alternate Hearing Examiner, James A. Miller, expires on August 31, 1996. The Police Department wishes to renew both agreements with compensation for the services provided to remain the same. This has been reviewed by the City Attorney, and it is hereby recommended that both agreements be approved and executed to be effective September I, 1996 thru August 31, 1997. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated August 13, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6837 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Hearing Examiner Agreement, 1996-1997, By and Between the City of Vernon and Lloyd B. Carter Respecting the Disposition of Contested Parking/Standing Violations in Compliance with the Vehicle Code of the State of California, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6837 be approved and adopted. Motion carried. RESOLUTION NO. 6838 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Alternate Hearing Examiner Agreement, 1996-1997, By and Between the City of Vernon and James A. Miller Respecting the Disposition of Contested Parking/Standing Violations in Compliance with the Vehicle Code of the State of California, was presented. S53f I I City Council Minutes page 10 August 20, 1996 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6838 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated August 13, 1996, was presented, advising that Contract No. 527, Rehabilitation of Reservoir 2-1, has been completed. The total contract amount was $219,857.06 and a final partial payment of $45,977.17 is now due, with the remaining 10 percent, $21,985.71, payable thirty-five days after acceptance. It is hereby recommended that the work be accepted and authority granted to pay the contractor, Matrix Service, Inc., 1441 South Anaheim Boulevard, Anaheim, California 92805. It was moved by Davis, seconded by Gonzales, that the communication from the Director of Community Services be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6829 - A Resolution of the City Council of the City of Vernon Accepting the work of Matrix Service, Inc. In Accordance with Contract No. 527 of the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6829 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated August 13, 1996, was presented, advising that at a Central Basin Water District Public Hearing held August 12, 1996 pertaining to Senate Bill 1521 (Water District Consolidation) and Senate Bill 1354 (District Asset Consolidation), he submitted a letter (Exhibit A) expressing the City of Vernon's opposition to both senate bills. This has been reviewed by the City Attorney, and it is hereby recommended that the City Council adopt a resolution opposing Senate Bills 1521 and 1354. It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services dated August 13, 1996, be received and filed and that his recommendation be approved. Motion carried. RESOLUTION NO. 6830 - A Resolution of the City Council of the City of Vernon Opposing Senate Bill 1521 (Water District Consolidation) and Senate Bill 1354 (District Asset Consolidation), was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6830 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 14, 1996, was presented, advising that the lease agreement and service order agreements with California Purification and Recycling, Inc. providing for purified water for operation of the turbine generators expires August 31, 1996. The company has been acquired by Ionics, Inc. and is willing to renew the agreement at a monthly cost of $2,000 plus a fee for chemicals as needed. This has been reviewed by staff of the Light and Power Department, and it is hereby recommended that both the lease agreement and the service order agreements be approved and executed effective September 1, 1996 thru August 31, 1999 contingent upon the City Attorney's approval of the agreement. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated August 14, 1996, be received and filed, and that his recommendation be approved. Motion carried. 553~' I I City Council Minutes page 11 August 20, 1996 RESOLUTION NO. 6840 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Lease and Service Order Agreements By and Between the City of Vernon and Ionics Ultrapure Water Corp. Providing for Purified Water for the Operation and Maintenance of the Turbine Generators, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6840 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 14, 1996, was presented, recommending that Mayor Pro Tern Thomas Ybarra and Councilman Hilario Gonzales be appointed Voting Delegate and Alternate Voting Delegate to act on the City's behalf at the upcoming National League of Cities Conference in December of this year. It was moved by Davis, seconded by Ybarra, to appoint Mayor Pro Tern Thomas Ybarra and Councilman Hilario Gonzales as Voting Delegate and Alternate Voting Delegate, respectively, at the National League of Cities Conference in December. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated August 15, 1996, was presented, transmitting the Minutes of the Finance Committee Meeting held August 13, 1996 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the Minutes of the Finance Committee Meeting held August 13, 1996, be approved. Motion carried. RESOLUTION NO. 6839 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Special Legal Services Agreement By and Between the City of Vernon and the Law Offices of David B. Brearley, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6839 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 15, 1996, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held August 19, 1996, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations contained in the Agenda for the Personnel Committee Meeting held August 19, 1996, be approved. Motion carried. WARRANT REGISTER NO. 945 covering claims and demands presented during the period of August 2 thru August 15, 1996, drawn on the First Interstate Bank totaling $381,689.42, which includes Demand Nos. 57938 thru 58141 (inclusive), excluding Light and Power Demands and Void Demand Nos. 57967, 57982, 57983 and 57984 (accounting period August, 1996), was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 945 be approved and payment authorized for claims and demands totaling $381,689.42, excluding Light and Power Demands. Motion carried. SS31t I I City Council Minutes page 12 August 20, 1996 WARRANT REGISTER NO. 945 covering claims and demands presented during the period of August 2 thru August 15, 1996, drawn on the First Interstate Bank totaling $637,672.53, which includes Light and Power Demand Nos. as listed below (accounting period August, 1996), was examined and audited: 57952 57964 57978 57996 58021 58057 58105 58128 57953 57965 57979 58006 58026 58075 58112 58129 57955 57973 57980 58013 58030 58079 58114 58131 57956 57974 57985 58015 58039 58089 58120 58135 57957 57975 57987 58016 58051 58095 58124 58138 57961 57976 57988 58020 58052 58103 58127 58139 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 945 be approved and payment authorized for claims and demands totaling $637,672.53. 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. 482 covering claims and demands presented during the period of June 9 thru July 6, 1996, drawn on the First Interstate Bank totaling $1,911,649.86, which includes Demand Nos. 8562 thru 8600 (inclusive) (accounting period July, 1996), was examined and audited. It was moved by Gonzales, seconded by McCormick, that Payroll Warrant Register No. 482 be approved and payment authorized for claims and demands totaling $1,911,649.86. Motion carried. Consideration of the City of Vernon's position on the transfer of Los Angeles County Sanitation District's sewerage capacity units. Kevin Wilson, Director of Community Services, addressed the City Council and summarized this issue, stating that the City's recommendation to the Sanitation District should be to only allow a business to transfer its Sewer Capacity Units within the City of Vernon unless the business had a legitimate need to expand or move its location after three years of operation. David B. Brearley, City Attorney, addressed the Council and provided his report on how the capacity units could be transferred within the City. questions. The Mayor asked if anyone in the audience had any Torn Montgomery, of McKinney Company, stated that the County has three districts within Vernon and asked will a business be allowed to transfer within any of the districts in Vernon. The City Clerk requested that the City's recommendation to the Sanitation District should include this suggestion. Mr. Wilson also advised that in order to transfer the sewer units if the property is vacant for more than one year, the owner would have to obtain an occupancy permit for the property and have a L.A. County Sanitation Industrial Waste Discharge Permit for the Sewer Capacity Units prior to the transfer. The Mayor requested that Mr. Wilson send to the Los Angeles County Sanitization District the City Council's recommendation. 5530 I I City Council Minutes Page 13 August 20, 1996 Mr. Wilson advised that he would prepare a letter containing such recommendation. The Mayor called a recess at 6:07 p.m. The Council reconvened in regular session at 6:09 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 6:10 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, Chief Deputy City Clerk, Director of Light and Power, and Assistant Power Engineer. 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 Assistant Power Engineer was excused from the Closed Session at 6:14 p.m. The Director of Light and Power was excused from the Closed Session at 6:17 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 6:17 p.m. Motion carried. ORDINANCE NO. 1043 - An Ordinance of the City Council of the City of Vernon Amending Sections 15.36, 15.36-1, 15.37, and 15.37-1 of the Code of the City of Vernon Concerning Business License Taxes and Adding Section 15.38 to Said Code Relating to the Establishment of a Business License Tax for Businesses Engaged in Recycling Lead-Acid Batteries and Establishing a Date for an Election to be Held to Approve the Levy of the Business License Taxes Contained Herein, was presented. (FIRST AND FINAL READING) (Deferred from earlier in the meeting.) The City Attorney advised that upon further review there is a need for a change in the verbiage on page 13, line 27. The word "salvage" is to be deleted and the work "junk" inserted, and before the word equipment enter the word "junk." It was moved by McCormick, seconded by Gonzales, that the corrections be made as the City Attorney suggests and that the Ordinance be approved for a first and final reading. Motion carried. Ayes: Noes: Abstain: Malburg, Ybarra, McCormick, Davis, Gonzales None None 6:20 p.m. Mr. Wilson was excused from the Council meeting at It was moved by Ybarra, seconded by McCormick, to approve discipline as recommended for the Assistant Power Engineer. Motion carried. 5'S2! I I City Council Minutes page 14 August 20, 1996 The City Attorney advised that there were no issues to be discussed in Closed Session Item No.2. 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; 2CIV D098203; (c) City of South Gate, et al. vs. City of Los Anqeles, et al., LASC No. BC 129447; 2CIV B100019 (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 (SoCaIGas) (BCAP) ; ,J (g) CPUC Docket No. A.91-03-039 (SoCaIGas) (BCAP) ; (h) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723; (i) Vernon v. Southern California Gas Comoanv, CPUC No. 96-05-038; (j) FERC Docket No. OA-96-76 (Open Access); (k) Allstate, etc. et al. v. Vernon, Case No. VC022411; 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. ~.. d~ ,;2 ~~t:/:I .~ tlw. " Leonis C. Ma \1rg . or ATTEST: ~/~ Bruce V. Malkenhorst City Clerk 5528'~: