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19970617 Regular City Council Meeting - Minutes ORDER OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL HELD TUESDAY, JUNE 17, 1997 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY COUNCIL (QUORUM PRESENT) TO WEDNESDAY, JUNE 25, 1997 AT 5:30 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA I Clerk AFFIDAVIT OF POSTING ORDER 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 18th day of June 1997, have posted: The above Order of Adjournment for the City Council Meeting held June 17, 1997. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. loria J. Or Chief Deputy of perjury that the foregoing is Clerk I OOA I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 17, 1997 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Davis, Gonzales MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Gonzales, that the Minutes of the City Council Meeting held May 20, 1997, be approved as submitted and adopted. Motion carried. It was moved by Davis, seconded by McCormick, that the Minutes of the City Council Meeting held June 3, 1997, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 11, 1997, was presented, advising that the below listed employees have qualified in the month of May 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 05/19/91 11/05/90 12/21/87 OS/22/89 05/16/88 Roger Conant, Utilityman Robin Tolmasoff, Secretary Renan Castro, Utilityman Fred Amiri, Engineering Aide Curtis Kirkland, Sr. Electronics Tech. 6 Year 6 Year 7 Year 8 Year 9 Year The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. The below listed employees were unable to attend the meeting and their awards were accepted by their respective department head. 01/12/89 05/09/94 02/01/70 01/23/89 08/17/87 05/19/86 05/16/88 01/06/64 Inez Aragon, Police Officer Brian, Baker, Police Officer Randy Bohlander, Fire Engineer Carlos Fandino, Sr. Water/Power Dispatcher Paul Woida, Fire Engineer Fernando Rodriguez, Police Officer Steven Ruffoni, Fire Captain Jack Looper, Utilityman 2 Year 3 Year 3 Year 4 Year 4 Year 5 Year 5 Year 8 Year The Mayor called a recess at 5:09 p.m. The Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Police Department Activity Log for the period June 1 thru 15, 1997, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period June 1 thru 15, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period June 1 thru 15, 1997, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity Report for the period June 1 thru 15, 1997, be received and filed. Motion carried. 5750 ,....... I I City Council Minutes page 2 June 17, 1997 Health Department Report for the month of May, 1997, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of May, 1997, be received and filed. Motion carried. Risk Management Report for the month of May, 1997, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of May, 1997, 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 with regard to any Public Hearings that may be listed. The Mayor asked if there was anyone in the audience wishing to address the Council. No one wished to address the Council. The City Clerk advised the Council that the following matter should be deferred. Communication from Bruce V. Malkenhorst, City Clerk, dated May 15, 1997, advising that after extensive research of public contracts law and procedures in the State of California, an ordinance revising Vernon City Code Sections 2.24, 2.27, 2.28, and 2.29 has been prepared. The ordinance increases the amounts which distinguish between three categories of purchases or contracts: (1) those not requiring bids, (2) those allowing purchases on the open market pursuant to an informal bid procedure, and (3) those requiring formal bid procedures. Henceforth, purchases less than $1,000 will not require a bid. The proposed revisions have been reviewed by the Community Services Department and the Light and Power Department, and it is hereby recommended that an ordinance amending the procedures for purchasing and contracts be adopted. (Deferred from the City Council Meeting held June 3, 1997.) ORDINANCE NO. 1047 - An Ordinance of the City Council of the City of Vernon Amending Chapter 2 of the Code of the City of Vernon, California, 1959, By Amending Sections 2.24, 2.25, 2.27 and 2.28 and By Adding Sections 2.29-1, 2.29-2 and 2.29-3 Regarding the Procedure for the Award of Contracts and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith. (FIRST READING) (Deferred from the City Council Meeting held June 3, 1997.) It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the first City Council Meeting in July. Motion carried. ORDINANCE NO. 1045 - An Ordinance of the City Council of the City of Vernon Approving and Authorizing an Amendment to the Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Vernon, read by title by the City Clerk for a second and final reading. 5749 I I City Council Minutes page 3 June 17, 1997 It was moved by Gonzales, seconded by McCormick, that Ordinance No. 1045 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Davis, McCormick, Gonzales None None ORDINANCE NO. 1050 - An Ordinance of the City Council of the City of Vernon Amending and Renumbering Chapters 5, 6, 6A, 9, 18, and 23 in the Code of the City of Vernon, California, 1959, Relating to Enforcement by the Police Department of Permits Granted by the City Council for Specified Business Activities and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a second and final reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1050 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Davis, McCormick, Gonzales None None ORDINANCE NO. 1051 - An Ordinance of the City Council of the City of Vernon Amending and Renumbering Chapters 4A and 21A in the Code of the City of Vernon, California, 1959, Relating to Activities Which Require a Permit from the Police Department and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a second and final reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1051 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Davis, McCormick, Gonzales None None It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Refrigerate Transport Service for a Conditional Use Permit to allow the applicant to operate a truck terminal at 4423 Hawthorne Avenue, in the City of Vernon, the time being 5:16 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the Council and briefly summarized this matter for them. Mr. Wilson also advised the Council that Mr. Aaron Feit, owner of Feit Electric Company, wrote a letter to him on June 16, 1997, opposing the granting of the Conditional Use Permit due to the surrounding streets being unable to accommodate additional truck traffic. Mr. Wilson also advised that staff has responded to Mr. Feit's letter, a copy of which was included in the supporting documents. Communication from Kevin Wilson, Director of Community Services, dated June 12, 1997, was presented, advising that Refrigerate Transport Service has applied for a Conditional Use Permit to operate a freight terminal at 4423 Hawthorne Avenue in the City of Vernon, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application. 2. Engineer's Report 5748 '. . ,. I I City Council Minutes page 4 June 17, 1997 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing. Refrigerate Transport Service 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 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 4423 Hawthorne Avenue in the City of Vernon. b. 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. c. All parking and loading facilities shall be paved and maintained 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. d. All existing cracked sidewalk, curb and gutter adjacent to the site on Hawthorne Avenue shall be repaired and maintained to meet City standards. e. No equipment or freight shall be stored on the site other than in buildings, trailers, or on the docks. f. Servicing of vehicles including washing, steam cleaning, repairing, and maintenance shall be performed in facilities in compliance with appropriate codes. g. The facility shall be operated in a manner which will not impede traffic on Hawthorne Avenue. h. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. i. The facility shall be in compliance with all Health Department rules and regulations and all required Health Department permits shall be obtained. j. 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. k. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. 5747 I I City Council Minutes page 5 June 17, 1997 1. 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 disposal service. m. The facility's buildings shall be structurally maintained to exclude vermin and the property shall be maintained vermin free. 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 Refrigerate Transport Service contingent upon their adherence to the aforementioned Conditions "a" thru "m". The Mayor asked if anyone in the audience had any comments or questions. There were no questions or comments. close the Transport 5:25 p.m. It was moved by Davis, seconded by McCormick, to Public Hearing regarding the request from Refrigerate Service for a Conditional Use Permit, the time being Motion carried. It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services dated June 12, 1997, and all supporting documents be received and filed. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the communication from Feit Electric Company dated June 16, 1997, and the response to same be received and filed. Motion carried. It was moved by McCormick, seconded by Ybarra, 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 McCormick, seconded by Gonzalez, 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 Refrigerate Transport Service contingent upon their adherence to the aforementioned Conditions "a" thru "m". Motion carried. RESOLUTION NO. 6970 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Refrigerate Transport Service for the Operation of a Freight Terminal at 4423 Hawthorne Avenue, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6970 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by McCormick, to open the PUBLIC HEARING, the time being 5:26 p.m., to consider a request from U.S. Filter Recovery Services (California), Inc. for a Conditional Use Permit to allow the operation and expansion of an existing hazardous waste treatment facility at property 5746 I I City Council Minutes page 6 June 17, 1997 located at 5375 Boyle Avenue City Council MinutesJune 17, 1997 in the City of Vernon. As a responsible agency, the City will also be considering the adequacy of the Final Environmental Impact Report (EIR) in order to approve Findings and a Statement of Overriding Consideration. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this issue. Communication from Kevin Wilson, Director of Community Services, dated June 12, 1997, was presented, advising that u.S. Filter has applied for a Conditional Use Permit to expand and operate a hazardous waste facility previously operated by NI Industries at 5375 Boyle Avenue in the City of Vernon, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application. 2. Engineer's Report. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing. 4. Findings and Statement of Overriding Consider- ations. 5. Health Risk Assessment, Final Environmental Impact Report, and Norris Environmental Services Part-B application. (These documents will be maintained in the Community Services or Environmental Health Department.) An Environmental Impact Report was performed for the California Environmental Protection Agency Department of Toxic Substances Control in accordance with the California Environmental Quality Act as part of Norris Environmental Services' permit application. The Environmental Impact Report was approved by the State and a Hazardous Waste Facility Permit was granted on August 30, 1996. As a responsible agency the City must adopt Findings and A Statement of Overriding Considerations. City Staff has reviewed the EIR, the Part B Application, and The Risk Assessment Study and is of the opinion that potential impacts have been adequately mitigated. Section 26.5.2-9(b) (1) of the City Code requires that no building or structure associated with a Hazardous Waste Treatment Facility, junk, or salvage yard shall be located within ten (10) feet of any property line abutting a street. It is recommended that the hazardous waste treatment facility reference be dropped from this section. The City Attorney will draft an ordinance to make this change. This has been reviewed by the City Attorney and it is hereby recommended that the following Conditions be placed 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 and all Federal, State, or local control agencies. b. All required federal, state, local, and regulatory permits shall be obtained prior to operation including, but not limited to, the Sanitation District of Los Angeles County, Regional Water Quality Control Board, and the Department of Toxic Substances Control. 5745 I I City Council Minutes page 7 June 17, 1997 c. All parking and loading facilities shall be paved and maintained 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. d. All existing cracked sidewalk, curb, and gutter adjacent to the site on Boyle Avenue and 54th Street shall be repaired and maintained to meet City standards. e. Vehicles hauling hazardous waste to and from the project site shall be limited to the routes shown on attached Exhibit "A". f. All waste haulers shall be certified and Department of Transportation (D.O.T.) approved transporters. g. u.s. Filter shall inform their customers that as a condition of doing business with u.s. Filter, a letter and map must be provided to all waste hauling operators informing them that if any waste hauler is observed outside the designated routes, the hauler/driver will be banned from future hauling to the u.s. Filter facility. h. The facility shall be operated in compliance with the "Statement of Findings, Overriding Consideration and Mitigation Monitoring Plan for Norris Environmental Services Hazardous Waste Facility Application Environmental Impact Report" dated August 1996 and prepared by the California Department of Toxic Substances Control. i. The sound level shall not exceed sixty-five (65) dBA or the current ambient environmental noise level, whichever is greater, as measured at, or at any point outside, the property lines of the property. j. The property shall be landscaped as approved by the Director of Community Services. k. u.S. Filter shall construct a new sewer main on 54th Street from its outfall to Boyle Avenue as approved by the City of Vernon or if u.S. Filter decides not to construct such main, then u.S. Filter shall reduce its discharge rates to below 400 gpm at all times. 1. Once the new sewer main has been constructed on 54th Street, U.S. Filter shall not discharge into this new main at rates in excess of 1000 gpm until additional capacity becomes available in the Boyle Avenue sewer main. m. u.S. Filter shall file a revised Business/ Contingency Plan which shall provide for an emergency notification policy and a Memorandum of Understand- ing (MOU) with Norris Industries (NI) to ensure that all occupants at the 5215 Boyle Avenue and 2929 54th Street locations will be promptly alerted in the event of a significant hazardous materials incident at the u.S. Filter site. The MOU shall also include a provision to provide an orientation of the u.S. Filter hazardous waste operation to all new tenants/ occupants at the adjacent NI site. 5744 I I City Council Minutes page 8 June 17, 1997 n. A revised copy of the Business/Contingency Plan shall be submitted to the Environmental Health Department with a copy of the MOU. o. u.s. Filter shall make all necessary revisions to the hazardous materials inventory and site map to reflect any changes to the types, quantities, storage con- tainers, and storage locations of hazardous materials that result from the facility modifications. p. u.s. Filter shall indemnify, hold harmless, and defend the City of Vernon, its officers, agents, and employees from and against any and all claims, complaints, or petitions for (1) damages, losses, expenses resulting from bodily injury, sickness, disease, disability, or death, excluding therefrom any such claim resulting from the gross negligence or intentional wrongdoing of the City of Vernon, its officers, agents, or employees, (2) a preemptory writ or other relief by way of injunction, mandamus, or administrative mandamus, or (3) legal expenses and attorney's fees incurred by the City of Vernon or awarded against the City of Vernon on behalf of any party in such a proceeding. The City of Vernon does not waive its right to participate in the defense of any such action. q. This Conditional Use Permit and its conditions shall be accepted by u.s. Filter by a written instrument, executed and acknowledged, filed with the City Clerk within seven (7) days of its approval, stating that the recitals and conditions are correct. If said acceptance is not so filed, this permit shall be null and void and of no effect. It is hereby recommended that the Findings and Statement of Overriding Considerations be approved, and that the Conditional Use Per.mit be granted to U.S. Filter subject to the approval of the above mentioned ordinance and their adherence to the afore- mentioned Conditions. The Director of Community Services requested the City Council not to take action at this time and to defer the matter to the first meeting in August. The Mayor asked if there were any comments from anyone in the audience. There were none. At 5:40 p.m., it was moved by Ybarra, seconded by McCormick, to continue the Public Hearing regarding the request from u.s. Filter Recovery Services (California), Inc. for a Conditional Use Permit to the first City Council Meeting in August. Motion carried. RESOLUTION NO. 6969 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to U.s. Filter Recovery Services (California), Inc. for a Hazardous Waste Treatment Facility at 5375 Boyle Avenue. RESOLUTION NO. 6971 - A Resolution of the City Council of the City of Vernon Certifying that the Council has Reviewed and Considered the Final Subsequent Environmental Impact Report for the U.S. Filter Conditional Use Permit for a Hazardous Waste Treatment Facility and Adopting Certain Findings and a Statement of Overriding Considerations in Connection Therewith. 5743 I I City Council Minutes page 9 June 17, 1997 It was moved by Ybarra, seconded by Gonzales, to defer the aforementioned matter to the first meeting in August. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 12, 1997, was presented, advising that the Director of Community Services and the City Attorney's office have reviewed the zoning ordinance and have determined that minor amendments to same would be appropriate. One amendment discussed the reduction of parking requirements for refrigerated warehouses. Based on this they are requesting to reduce the number of parking spaces required for this type of business. The second amendment addresses hazardous waste facilities and the required ten foot setback. It is recommended that this be dropped as a standard condition for hazardous waste treatment facilities. With this in mind, it is hereby recommended that the following ordinance be adopted. Kevin Wilson, Director of Community Services, addressed the Council and clarified the two additional minor changes to the zoning ordinance. The first recommendation is that for refrigerated warehouses, the requirement be one parking stall per 1,000 square feet of gross floor area for the first 50,000 square feet, and one space per 5,000 square feet of gross floor area above 50,000 square feet. He is also recommending that the reference to hazardous waste facilities in Section 26.5- 2-9(b) be eliminated. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk, dated June 12, 1997, be received and filed. Motion carried. ORDINANCE NO. 1053 - An Ordinance of the City Council of the City of Vernon Amending Chapter 26 of the Code of the City of Vernon, California, 1959, By Amending Sections 26.2.14, 26.4.2-6, and 26.5.2-9 Regarding Zoning Requirements and Repealing All Ordinances or 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 Ybarra, that Ordinance No. 1053 be approved for a first reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 12, 1997, was presented, advising that the City previously approved an agreement with Boyle Engineering for Professional Services (City Office Addition) which included retrofit work on the Warehouse which sustained severe earthquake damage. Boyle has reviewed the structural integrity of the warehouse building and determined that the roof is not capable of withstanding the additional loads required by the retrofit and therefore additional engineering work is required. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that approval be granted for Boyle Engineering to perform the additional engineering work at a cost not to exceed $4,996. It was moved by Davis, seconded by Ybarra, that the communication from the City Clerk, dated June 12, 1997, be received and filed, and that approval be granted for Boyle Engineering to provide the additional engineering work at a cost not to exceed $4,996. Motion carried. 5742 I I City Council Minutes page 10 June 17, 1997 Communication from Bruce V. Malkenhorst, City Clerk, dated June 12, 1997, was presented, advising that staff of the City Attorney's office and Department of Environmental Health have reviewed, updated, and reorganized Health Department sections of the Vernon City Code, and consolidated animal and vector control regulations into one chapter. An Ordinance has been prepared reflecting the revisions, and it is hereby recommended that the following ordinance be approved for a first reading. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated June 12, 1997, be received and filed, and that his recommendation be approved. Motion carried. ORDINANCE NO. 1052 - An Ordinance of the City Council of the City of Vernon Amending Chapter Nos. 3, 10, and 13 of the Code of the City of Vernon, California, 1959, Regarding Animal and Vector Control and Repealing All Ordinances or 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. 1052 be approved for a first reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 12, 1997, was presented, requesting authority and funds for himself and Councilman William Davis to attend the Sister Cities International Annual Conference in San Diego, July 30-August 2, 1997, with an expense allowance of $1156 each. It was moved by Ybarra, seconded by McCormick, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $1156 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 12, 1997, was presented, advising that the Agreement for Consulting Services with James E. Gonzales will expire June 30, 1997, and staff of the Light and Power Department is requesting that the agreement be extended for a period of six months in order that Mr. Gonzales' services may be utilized for certain additional transitional responsibilities relating to utility services. The agreement has been reviewed by the City Attorney, and it is hereby recommended that approval be granted to extend the agreement from July 1, 1997 through December 31, 1997, at a cost not to exceed $50,000. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated June 12, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6973 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Agreement for Contractual Services By and Between the City of Vernon and James E. Gonzales, was presented. It was moved by Ybarra, seconded by McCormick that Resolution No. 6973 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 12, 1997, was presented, advising that the Agreement for Consulting Services with Edward F. LeBlanc will expire June 30, 1997, and staff of the Light and Power Department is requesting that the agreement be extended for a period of six 5741 I I City Council Minutes page 11 June 17, 1997 months in order that Mr. LeBlanc's services may be utilized for certain additional transitional responsibilities relating to utility services. The agreement has been reviewed by the City Attorney, and it is hereby recommended that approval be granted to extend the agreement from July 1, 1997 through December 31, 1997, at a cost not to exceed $25,000. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated June 12, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6972 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Agreement for Contractual Services By and Between the City of Vernon and Edward F. LeBlanc, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6972 be approved and adopted. Motion carried. Communication from Gloria J. Orosco, Library Secretary, dated June 12, 1997, was presented, advising that terms of Library Trustees Leonis C. Malburg and Thomas A. Ybarra expire June 30, 1997, and requesting that both gentlemen be reappointed to a new three year term commencing July 1, 1997. It was moved by Davis, seconded by Gonzales, that the communication from the Library Secretary dated June 12, 1997, be received and filed, and that her request be approved. Motion carried. RESOLUTION NO. 6968 - A Resolution of the City Council of the City of Vernon Reappointing Leonis C. Malburg and Thomas A. Ybarra, to Serve as Trustees on the Board of Library Trustees, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6968 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 12, 1997, was presented, advising that at their meeting held June 2, 1997, the Finance Committee approved increasing the rates for business license taxes effective January 1, 1998, and it is hereby recommended that the following resolution be approved. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated June 12, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6967 - A Resolution of the City Council of the City of Vernon Superseding Resolution No. 6684 and Establishing the Rates for Business License Taxes and Related Fees and Deposits Pursuant to Chapter 15 of the Code of the City of Vernon, California, 1959, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6967 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated June 12, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held June 16, 1997, for approval of the recommendations contained therein. 5740 I I City Council Minutes page 12 June 17, 1997 It was moved by Gonzales, seconded by Ybarra, to approve the recommendations contained in the Agenda for the Personnel Committee Meeting held June 16, 1997. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated June 12, 1997, was presented, transmitting the Minutes of the Finance Committee Meeting held June 10, 1997, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the Minutes of the Finance Committee Meeting held June 10, 1997, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated June 12, 1997, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held June 16, 1997, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, to approve the recommendations contained in the Agenda for the Adjourned Finance Committee Meeting held June 16, 1997. Motion carried. WARRANT REGISTER NO. 965 covering claims and demands presented during the period of May 30 thru June 12, 1997, drawn on Wells Fargo Bank totaling $383,037.16, which includes Demand Nos. 62054 thru 62266 (inclusive), excluding Light and Power Demands and Void Demand Nos. 62082, 62119, 62120, 62121 and 62171 (accounting period June, 1997), was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 965 be approved and paYment authorized for claims and demands totaling $383,037.16, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 965 covering claims and demands presented during the period of May 30 thru June 12, 1997, drawn on Wells Fargo Bank totaling $388,437.14, which includes Light and Power Demand Nos. as listed below (accounting period June, 1997), was examined and audited: 62054 62059 62062 62065 62067 62068 62069 62071 62072 62077 62081 62091 62096 62125 62132 62138 62154 62156 62174 62178 62182 62188 62189 62193 62199 62204 62212 62223 62228 62229 62237 62245 62247 62250 62253 62256 62265 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 965 be approved and paYment authorized for claims and demands totaling $388,437.13. 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. 492 covering claims and demands presented during the period of April 13 thru May 10, 1997, drawn on Wells Fargo Bank totaling $1,564,952.51 which includes Demand Nos. 5265 thru 5305 (inclusive) (accounting period May, 1997), was presented. It was moved by Gonzales, seconded by McCormick, that Payroll Warrant Register No. 492 be approved and payment authorized for claims and demands totaling $1,564,952.51. Motion carried. S'7'!f I I City Council Minutes page 13 June 17, 1997 Consideration and discussion pertaining to the Central Basin Municipal Water District Retention of Metropolitan Water District Rebate. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. Discussion was held with regard to Central Basin rebating funds to the water purveyors. It was moved by Ybarra, seconded by McCormick, that a letter to Central Basin Municipal Water District be prepared, for the Mayor's signature, opposing the Board's decision to retain the 3.6 million dollar rebate from Metropolitan Water District. Motion carried. The Mayor called a recess at 6:10 p.m. The Council reconvened in regular session at 6:15 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Item No. 2 listed below, the time being 6:15 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, and Eduardo Olivo, legal associate from the City Attorney's office. 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; (c) City of South Gate, et al. vs. City of Los Anqeles, et al., LASC No. BC 129447; 2CIV B100019; Supreme Court No. S057753; (d) City of Vernon v. Board of Harbor Commissioners of the City of Lonq 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; (g) Vernon v. Southern California Gas Company, CPUC No. 96-05-038; S060700 5738 r I I City Council Minutes June 17, 1997 page 14 (h) Johnson & Vincent v. Vernon, LASC BS 039646; (i) Allstate, etc. et al. v. Vernon, Case No. VC022411; (j) FERC Docket No. OA-96-76 (Open Access); (k) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (1) Gonzalez, etc., et al v. u.s. Customs Services, et al., USDC CV96-4361 RJK (Jrx); (m) Lynwood v. Vernon, LASC BS 041786; (n) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES; (0) City of Oranqe, et al. v. Alabama Treasury, et al., LASC Case No. BC 106461; (p) Salisbury v. Vernon, LASC BS 044810; (q) Airstream Transportation, etc./Haskett v. Vernon LASC BC 138204; It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 6:15 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Council to into Closed Session to confer on Item No. 1 listed below, the time being 6:15 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, and Eduardo Olivo, legal associate from the City Attorney's office. 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. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE It was moved by Davis, seconded by McCormick, to approve the Closed Session Minutes of May 20, 1997. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session and resume regular session the time being 6:16 p.m. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn to Wednesday, June 25, at 5:30 p.m. Motion carried. ATT~ / ~ Bruce V. Malkenhorst, City /,:,,p~' C. 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