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19961217 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 17, 1996 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, Davis, Gonzales, 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 December 3, 1996, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 11, 1996, was presented, advising that the below listed employees have qualified in the month of 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 Emplovee 10/06/91 11/04/91 08/17/87 11/16/83 07/25/79 11/06/89 05/19/80 08/01/83 09/01/58 06/23/85 Andrew Ippolito, Computer Opere Asst. Claudia Aguilar, Secretary Robert Faldetta, Police Sergeant James Rodino, Police Sergeant Martha Valenzuela, Office Manager Elias Zepeda, UtilitYman Manuel Giron, UtilitYman Edward Rodriguez, UtilitYman Louis Rosenkrantz, Police Chief Martin Sanchez, Diesel Operator Award 4 Year 5 Year 6 Year 6 Year 7 Year 7 Year 8 Year 8 Year 8 Year 9 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. 05/30/82 01/07/91 11/15/93 03/16/63 08/18/89 08/17/87 11/15/93 07/05/87 01/07/91 11/02/92 11/02/92 Karon Berry, Utility Clerk Jeff Smith, Firefighter Michael Docherty, Police Officer James Dunn, Fire Captain Daniel Kimes, Fire Captain William Niesley, Fire Captain Matthew Saidleman, Police Officer Jeff Coburn, Water/Power Dispatcher Stephen Keller, Fire Engineer Andrew Kroner, Firefighter Todd painton, Firefighter The Mayor called a recess at 5:21 p.m. 2 Year 2 Year 3 Year 3 Year 3 Year 3 Year 3 Year 4 Year 4 Year 4 Year 4 Year The Council reconvened in regular session at 5:24 p.m., all members present before the recess again being present. The City Clerk announced that now was the time for anyone in the audience to address the Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the Council. 5621 I I City Council Minutes page 2 December 17, 1996 There was no one present wishing to address the City Council at this time. The City Clerk advised that the following matter should be deferred to the next meeting. RESOLUTION NO. 6895 - A Resolution of the City Council of the City of Vernon Commending John R. Kriste For His Many Years of Service to the City of Vernon. It was moved by Gonzales, seconded by Ybarra, that the aforementioned matter be deferred to the City Council Meeting to be held January 7, 1997. Motion carried. Police Department Activity Log for the period December 1 thru 15, 1996, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period December 1 thru 15, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period December 1 thru 15, 1996, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period December 1 thru 15, 1996, be received and filed. Motion carried. Health Department Report for the month of November, 1996, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of November, 1996 be received and filed. Risk Management Report for the month of November, 1996, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of November, 1996, be received and filed. Motion carried. RESOLUTION NO. 6891 - A Resolution of the City Council of the City of Vernon Reciting the Fact of the Special Municipal Election Held on December 10, 1996, Declaring the Result Thereof and Such Other Matters as Provided by Law, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6891 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by McCormick, to open the PUBLIC HEARING to consider a request from Mountain Marketing Co. for a Variance to allow the tenant to utilize nine- non-conforming truck loading spaces at property located at 3228 50th Street in the City of Vernon, the time being 5:26 p.m. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated, December 12, 1996, was presented, advising that Mountain Marketing Co. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 3228 50th Street, and transmitting the following evidence: 5620 I I City Council Minutes page 3 December 17, 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 nine non-conforming truck loading spaces; six spaces are 9.3 feet wide and 51 feet long, and three are 8.6 feet wide and 20 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 City Attorney, and it is hereby recommended that the Variance be granted subject to the following Conditions: a. The usage of the six non-conforming truck loading spaces measuring 9.3 feet in width and 51.0 feet in length shall be limited so that any truck parked at, or using, the loading docks shall not extend into the street right-of-way. b. The three non-conforming truck loading spaces westerly of the driveway measuring 8.6 feet in width and 20.0 feet in length shall remain only if a 30 inch barrier wall is constructed along the property line between said loading spaces and the street. If a 30 inch barrier wall is not constructed along the property line, the truck loading spaces shall be permanently sealed per City of Vernon Building Department Standards and a barrier shall be built adjacent to the driveway to prevent vehicle movement within this area. c. The 20.0 foot strip of land easterly of the driveway shall have a barrier built adjacent to the driveway to prevent vehicle movement within this area. d. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. The Mayor asked Mr. Wilson what the company does. Mr. Wilson responded that the company does not have a lessee at this time. The Mayor asked if anyone had any questions or comments. There were none. It was moved by Gonzales, seconded by Davis, to close the Public Hearing regarding the variance request from Mountain Marketing Co., the time being 5:30 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated December 12, 1996 and all supporting documents be received and filed as evidence, and that the Variance be granted to Mountain Marketing Co. contingent upon their adherence to the aforementioned conditions "a " thru "d". Motion carried. RESOLUTION NO. 6890 - A Resolution of the City Council of the City of Vernon Granting a Variance to Mountain Marketing Co. From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 3228 50th Street in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6890 be approved and adopted. Motion carried. 5619 I I City Council Minutes page 4 December 17, 1996 It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Cardlock Fuels System, Inc. for a Conditional Use Permit to allow the applicant to operate an unattended commercial fleet fueling facility which will generate more than 20 vehicle trips per 1,000 gross square feet of floor area per day at property located at 5475 Santa Fe Avenue in the City of Vernon, the time being 5:30 p.m. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services, dated December 12, 1996, was presented, advising that Cardlock Fuels System, Inc. has applied for a Conditional Use Permit to operate an unattended commercial fleet fueling facility which will generate more than 20 vehicle trips per 1,000 gross square feet of floor area per day at 5475 Santa Fe Avenue, and transmitting the following 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. Cardlock Fuels System, Inc. was found to be categorically exempt from the California Environmental Quality Act process since they will be using an existing facility 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. This has been reviewed by the City Attorney, and 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. 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 and maintained to meet City standards. c. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. d. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy, a business license, occupancy permit, and underground storage tank permit shall be obtained. e. 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. f. The facility shall be operated in a manner which will not impede traffic on Santa Fe Avenue and 55th Street. A routing map approved by the City of Vernon shall be distributed to all customers. 5618 I I City Council Minutes page 5 December 17, 1996 g. All existing cracked sidewalk, curb, and gutter adjacent to the site on Santa Fe Avenue and 55th Street shall be repaired and maintained to meet City standards. h. A leak monitoring system for the underground tank system shall be maintained in compliance with federal, state and local regulations. 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 Depart- ment and maintained. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state and local laws. The contin- gency plan shall provide a methodology for immediate response to a leak alarm from the leak monitoring system as approved by the City of Vernon Health Depart- ment. j. Containment for unauthorized aboveground releases from the fueling system shall be provided and approved by the City of Vernon Health Department. Fuel and other contaminants shall be prevented from escaping the facility and entering adjacent streets, neighboring properties, sewers, or the storm drain system. k. Cardlock Fuels System, Inc. shall supply trained personnel to make daily inspections of the facility to check the cleanliness of the site, the proper operation of monitoring equipment, and to insure proper disposal of contaminants. 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 the County Clerk. 3. The Conditional Use Permit be granted to Cardlock Fuels System, Inc. contingent upon the aforementioned Conditions. The Mayor asked Mr. Wilson if this was the same type of facility as the one on Soto Street near Sears. Mr. Wilson responded that it was the same type. The City Attorney asked if this facility would affect the parking at the II Treno Restaurant. Mr. Wilson responded no, that it would probably improve the parking situation at the restaurant. Mr. Christian Falk, consultant for Cardlock Systems, asked the City Council if he and his associates could review the Conditions that are being placed on the Conditional Use Permit before the Council took any further action. It was moved by Gonzales, seconded by Ybarra, to continue the Public Hearing on this matter until later in the meeting. Motion carried. 5617 I I City Council Minutes page 6 December 17, 1996 Communication from Police Chief Louis Rosenkrantz, dated December 5, 1996, was presented, requesting authority and funds for Police Officers Inez Aragon and Jeff Bullock to attend the Drug Influence Course in Santa Ana January 8-10, 1997 with an expense allowance of $127.40 each of which $86.40 each will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority be granted for Officers Inez Aragon and Jeff Bullock to attend the aforementioned course with an expense allowance of $127.40 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 10, was presented, requesting authority and funds for John Salomon, Computer Operations Assistant, to attend the Grammar, Language and Usage Seminar in Long Beach on January 30, 1997, with an expense allowance of $115.50. It was moved by McCormick, seconded by Gonzales, that authority be granted for John Salomon to attend the afore- mentioned seminar with an expense allowance of $115.50. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated December 10, 1996, was presented, transmitting a fully executed Grant of Easement for utility purposes from David and Doris Brownstein for a portion of land at 4133 Bandini Boulevard (approximately 1591 square feet). This has been reviewed by the City Attorney, and it is hereby recommended that the Easement be accepted and that the Certificate of Acceptance be approved and executed. It was moved by Ybarra, seconded by Davis, to accept the Grant of Easement from David and Doris Brownstein, and that the Certificate of Acceptance be approved and executed. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated December 10, 1996, was presented, requesting authority and funds for UtilitYman Andrew Thompson to attend the Comco Inc. Hazwoper Refresher Course in Long Beach on January 7, 1997 with an expense allowance of $104.50. It was moved by McCormick, seconded by Gonzales, that authority be granted for Andrew Thompson to attend the afore- mentioned course with an expense allowance of $104.50. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated December 10, 1996, was presented, advising that Danjon Engineering has submitted Final Parcel Map No. 24605 on behalf of Adaya Asset District, L.P. subdividing the property adjoining the north side of District Boulevard and west of Corona Avenue into two lots, and transmitting the following documents: 1. Final Parcel Map No. 24605 2. Los Angeles County Public Works Acceptance Letter 3. Excerpts from the State Subdivision Map Act City Council approved the Tentative Parcel Map on September 3, 1996, and a Negative Declaration was adopted in compliance with the California Environmental Quality Act. The project is consistent with the Vernon General Plan, and is consistent with the State Subdivision Map Act. All the Conditions placed on the Tentative Parcel Map have been completed, and it is hereby recommended that Final Parcel Map No. 24605 be approved. 5616 I I City Council Minutes page 7 December 17, 1996 It was moved by Ybarra, seconded by Davis, that the communication from the Director of Community Services dated December 10, 1996 and all supporting documents be received and filed, and that Final Parcel Map No. 24605 be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 12, 1996, was presented, requesting authority and funds for Mayor Pro Tern Thomas Ybarra and Councilmen William Davis and Michael McCormick to attend the California Contract Cities Association 30th Annual Legislative Orientation Tour in Sacramento, January 14-16, 1997, with an expense allowance of $754 each. It was moved by Gonzales, seconded by Davis, that authority be granted for the above listed City officials to attend the aforementioned seminar with an expense allowance of $754 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated December 12, 1996, was presented, transmitting the Minutes of the Finance Committee Meeting held December 10, 1996, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by McCormick, to approve the Minutes of the Finance Committee Meeting held December 10, 1996. Motion carried. RESOLUTION NO. 6896 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Contractual Services By and Between the City of Vernon and James E. Gonzales, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6896 be approved and adopted. Motion carried. RESOLUTION NO. 6897 - A Resolution of the City Council of the City of Vernon Amending Schedule II, Exhibit "B", Pages 6 and 10 of Resolution No. 6811 Which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6897 be approved and adopted. Motion carried. RESOLUTION NO. 6898 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Lease By and Between the City of Vernon and the New Southeast Cities Transportation Authority, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6898 be approved and adopted. Motion carried. Consideration of an Electrical Service Agreement with Clougherty Packing Company submitted by Kenneth DeDario, Director of Light and Power, December 12, 1996. Councilman Davis asked what this was about; was it concerning the 66 kV delivery point. Mr. DeDario, Director of Light and Power, responded yes, the City will own all the facilities and Clougherty will be charged an added facilities charge. This will also remove some of the load from the City's system. It was moved by Ybarra, seconded by Gonzales, that an Electrical Service Agreement with Clougherty Packing Company be approved and executed. Motion carried. 5615 I I City Council Minutes page 8 December 17, 1996 RESOLUTION NO. 6899 - 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 and Clougherty Packing Company, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6899 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 12, 1996, transmitting the Agenda for the Personnel Committee Meeting to be held December 16, 1996 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations contained in the Agenda for the Personnel Committee Meeting held December 16, 1996 be approved. Motion carried. WARRANT REGISTER NO. 953 covering claims and demands presented during the period of November 28 thru December 12, 1996, drawn on Wells Fargo Bank totaling $783,594.51, which includes Demand Nos. 59559 thru 59756 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period December, 1996), was examined and audited: 59560 59581 59610 59611 59612 59711 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 953 be approved and paYment authorized for claims and demands totaling $783,594.51, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 953 covering claims and demands presented during the period of November 28 thru December 12, 1996, drawn on Wells Fargo Bank totaling $491,970.05, which includes Light and Power Demand Nos. as listed below (accounting period December, 1996), was examined and audited: 59559 59589 59626 59687 59737 59561 59592 59628 59695 59740 59562 59593 59637 59700 59741 59563 59596 59638 59703 59744 59568 59600 59639 59704 59747 59572 59601 59648 59706 59751 59579 59602 59649 59712 59755 59580 59603 59651 59720 59582 59609 59666 59730 59583 59615 59676 59731 59585 59620 59679 59732 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 953 be approved and paYment authorized for claims and demands totaling $491,970.05. 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. 486 covering claims and demands presented during the period of October 13 thru November 26, 1996, drawn on Wells Fargo Bank totaling $1,564,324.18 which includes Demand Nos. 5012, 5013, 5015 thru 5052 (inclusive) (accounting period November, 1996), was examined and audited. 5614 I I City Council Minutes page 9 December 17, 1996 It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No. 486 be approved and paYment authorized for claim~ and demands totaling $1,564,324.18. Motion carried. RESOLUTION NO. 6868 - A Resolution of the City Council of the City of Vernon (I) Authorizing the Establishment of a Power Resource Cost Reduction Account (II) Providing Procedures for Deposits To and Withdrawals From Such Account, (III) Authorizing Certain Related Actions and (IV) Authorizing Officers of the City To Do All Other Things Deemed Necessary or Advisable Concerning Such Account, was presented. (Deferred from the City Council Meeting held December 3, 1996.) It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6868 be approved and adopted. Motion carried. The City Attorney advised that the following matter should be deferred to the next meeting. RESOLUTION NO. 6847 - A Resolution of the City Council of the City of Vernon Authorizing the Termination of the Agreement to Form Association. and to Conduct Litigation. (Deferred from the City Council Meeting held December 3, 1996.) It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Consideration of an Agreement for Contractual Services with Edward F. LeBlanc submitted by Kenneth DeDario, Director of Light and Power, December 12, 1996. It was moved by Ybarra, seconded by Davis, that the Agreement for Contractual Services with Edward F. LeBlanc be approved and executed. Motion carried. RESOLUTION NO. 6892 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Contractual Services with Edward F. LeBlanc, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6892 be approved and adopted. Motion carried. Consideration of authorization to enter into Firm and/or Non-Firm Point-to-Point Transmission Service Agreements with Southern California Edison Company through Edison's Open Access Transmission Tariff filed at the Federal Energy Regulatory Commission, submitted by Kenneth DeDario, Director of Light and Power, December 12, 1996. Kenneth DeDario, Director of Light and Power, addressed the Council and advised that with regard to this agenda item, he was requesting consideration for the City to enter into transmission service agreements with various utilities through their individual open access transmission tariffs, not just Southern California Edison Company, and to allow certain Light and Power personnel authority to purchase on behalf of the City of Vernon a restricted amount of the transmission services. It was moved by Gonzales, seconded by McCormick, that authority be granted for the Director of Light & Power, Resource Planning Manager, Power Resource Coordinator, Engineering Aide, and Water & Power Dispatchers to Execute Agreements for restricted amounts of Electric Transmission Service with various utilities. Motion carried. Councilman Davis abstained from 5613 I I City Council Minutes page 10 December 17, 1996 voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. RESOLUTION NO. 6900 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Director of Light & Power, Resource Planning Manager, Power Resource Coordinator, and Engineering Aide and Water & Power Dispatchers to Execute Agreements for Electric Transmission Service with Various Utilities Who are Able to Provide Transmission Service to Vernon to Permit Vernon to Enter Into Reasonable and Cost-Effective Purchase and Sales Transactions, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6900 be approved and adopted. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. The City Clerk advised the Council that the following matter should be deferred to a later date. Consideration of the application for Industrial Disability Retirement of Donald Green. The City Attorney addressed the City Council and gave a brief synopsis of the aforementioned matter. It was moved by Gonzales, seconded by Davis, that the aforementioned matter be deferred to a later date. Motion carried. Consideration of entering into an agreement with the Vernon Chamber of Commerce to support the establishment of a Vernon Web Site. It was moved by Ybarra, seconded by Davis, to approve entering into an agreement with the Chamber of Commerce supporting the establishment of a Vernon Web Site. Motion carried. Consideration of approving a construction agreement to begin the construction of a Municipal Natural Gas Distribution System within the City of Vernon. It was moved by Gonzales, seconded by Davis, to approve entering into a construction agreement to begin construction of a Municipal Natural Gas Distribution System within the City. Motion carried. Mayor Malburg abstained from voting on this matter. The City Attorney advised the Council that the following matter should be deferred. Consideration of an Amendment to the Edison-Vernon 1993 Settlement Agreement. It was moved by Ybarra, seconded by McCormick, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. At this time, 5:58 p.m., it was moved by Gonzales, seconded by Ybarra, to continue with the Public Hearing regarding the request from Cardlock Fuels System for a Conditional Use Permit. Motion carried. (Continued from earlier in the meeting.) 5612 I I City Council Minutes page 11 December 17, 1996 Mr. Falk advised the City Council that they had reviewed the Conditions for the Conditional Use Permit and that they were agreeable to them with a minor change in Condition "c". Mr. Wilson advised the Council that Condition "c" should be changed to read as follows: c. A National Pollutant Discharge Elimination System Permit shall be obtained if, or when, required by the California State Board of Water Resources. questions. The Mayor asked if there were any comments or There were none. The City Clerk advised that the Director of Community Services is recommending 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 the County Clerk. 3. The Conditional Use Permit be granted to Cardlock Fuels System, Inc. contingent upon the aforementioned Conditions. It was moved by Ybarra, seconded by Davis, to close the Public Hearing regarding the request for a Conditional Use Permit from Cardlock Fuels System, the time being 5:59 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the communication from the Director of Community Services dated December 12, 1996 and all supporting documents be received and filed as evidence. Motion carried. It was moved by McCormick, 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. 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 McCormick, seconded by Davis, that the Conditional Use Permit be granted to Cardlock Fuels System, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "k". Motion carried. RESOLUTION NO. 6893 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Cardlock Fuels System, Inc. for the Operation of an Unattended Commercial Fleet Fueling Facility at 5475 Santa Fe Avenue, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6893 be approved and adopted. Motion carried. The Mayor called a recess at 6:12 p.m. The Council reconvened in regular session at 6:19 p.m., all members present before the recess again being present. 5611 I I City Council Minutes page 12 December 17, 1996 It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 6:19 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, Fire Chief, Chief of Police, and Vernon Services Officer. The Mayor ordered that all communications to and from the Closed Session be deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE The Vernon Services Officer was excused from the Closed Session at 6:25 p.m. The Chief of Police and Fire Chief were excused from the Closed Session at 6:50 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:51 p.m. Motion carried. It was moved by Davis, seconded by Gonzales, that the Council go into Closed Session to confer on Items No. 2 and 3 listed below, the time being 6:52 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, and Chief Deputy City Clerk. The Mayor ordered that all communications to and from the Closed Session be deemed privileged and confidential. 2. With respect to every item of business to be discussed in Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) City of Vernon vs. Central Basin Municipal Water District, LASC No. BC 121124; (b) City of Vernon vs. Central Basin, etc., Zastrow, et al., LASC No. BC 130693; 2CIV B098203; (c) City of South Gate, et ale vs. City of Los Anqeles, et al., LASC No. BC 129447; 2CIV B100019; (d) City of Vernon V. Board of Harbor Commissioners of the City of Long Beach, et al., LASC Case No. BC 158591; (Pier T) (e) The Atchison, Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; 2CIV B102025; (f) The City of Vernon V. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; 5610 I I City Council Minutes page 13 December 17, 1996 (g) CPUC Docket No. A.93-09-006 (SoCalGas) (BCAP) ; (h) CPUC Docket No. A.91-03-039 (SoCalGas) (BCAP) ; (i) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723; (j ) Vernon v. Southern California Gas Company, CPUC No. 96-05-038; (k) Johnson & Vincent v. Vernon, LASC BS 039646; (I) Allstate, etc. et ale V. Vernon, Case No. VC022411; (m) FERC Docket No. OA-96-76 (Open Access) ; (n) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (0) Gonzalez, etc., et al v. U.S. Customs Services, et al., USDC CV96-4361 RJK (Jrx); (p) Lynwood V. Vernon, (Case Number Unknown) ; (q) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger) ; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: MARCIA SCHROEDER Agency claimed against: City of Vernon Claimant: KIMBERLY DYER Agency claimed against: City of Vernon Claimant: BRIAN PODRASKY Agency claimed against: City of Vernon Claimant: MICHAEL ALAN DESIGNS Agency claimed against: City of Vernon It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:57 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the Vernon Services Officer be disciplined as recommended by the Police Chief. Motion carried. It was moved by Davis, seconded by Ybarra, to accept the "Release of All Claims" in the Liability Claim of Marcia Schroeder. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Liability Claim of Kimberly Dyer be accepted and settled in the amount of $1,593.27. Motion carried. 5609 I I City Council Minutes page 14 December 17, 1996 It was moved by Ybarra, seconded by Davis, that the Liability Claim of Brian Podrasky be settled in the amount of $836.17, and the "Release of All Claims" be accepted. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Liability Claim of Michael Alan Designs be accepted and the claimant be reimbursed in the amount of $415. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ~ 1 . 'j . .~. . ",L.!~""Z- ~ nis ~ { Mayor ATTEST: //d~~ ^ Bruce V. Malkenhorst City Clerk 5608