19980818 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD AUGUST 18, 1998
5:00 P.M. IN THE COUNCIL CHAMBERS OF THE
CITY HALL LOCATED AT 4305 SANTA FE AVENUE
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales, Davis
MEMBERS ABSENT: None
Minutes of the Regular City Council Meeting held July
28, 1998, was presented.
It was moved by Gonzales, seconded by Ybarra, that
the Minutes of the City Council Meeting held July 28, 1998, be
approved as submitted and adopted. Motion carried.
Minutes of the Regular City Council Meeting held
August 4, 1998, was presented.
It was moved Davis, seconded by Ybarra, that the
Minutes of the City Council Meeting held August 4, 1998, be
approved as submitted and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 6, 1998, was presented, advising that Environmental
Health Specialist, Elizabeth Quaranta has been selected to
receive a Level I SPIRITS Award for the City Administrator/City
Clerk's Department's (Environmental Health Department division)
based on her Superior Performance for the past 12 months.
It was moved by Gonzales, seconded by Ybarra, that
the City Clerk's communication regarding the Spirits Award be
received and filed. Motion carried.
The Mayor presented Perfect Attendance Awards to the
following employees and extended congratulations on behalf of the
entire City Council.
Date of
Hire Employee
Award
03/16/86
Jeff Wightman
Utilityman
4
Years
07/27/92
Richard Sweeney
Resource & Project
6
Years
Planning Manager
07/09/90
Kenneth DeDario
Director of Utilities
8
Years
12/08/85
Rex Hill
Police Officer
8
Years
07/01/90
Ali Nourmohamadian
Electrical Engineer
8
Years
The following employees could not attend
the meeting
and Perfect
Attendance Awards
were accepted by their
respective
Department
Head:
05/16/88
David Lazar
Fire Captain
2
Years
02/26/90
Darren Simpkins
Firefighter
4
Years
03/09/92
Stacy Waterfall
Police Dispatcher
6
Years
09/28/86
Gerald Chavez
Utilityman
8
Years
07/01/87
Adam Alvarez
Utilityman
9
Years
12/16/85
Steven Hartsfield
Utilityman
9
Years
08/19/84
Luis Reynoso
Utilityman
11
Years
The Mayor called a short recess, the time being 5:10
p.m. Council reconvened at 5:13 p.m.
Page 1 of 16
City Council Minutes August 18, 1998
Police Department Activity Log for the period August
1st thru 15t'', 1998, was presented.
It was moved by McCormick, seconded by Davis, that
the Police Department Activity Log for period August 1st thru
15t'', 1998, be received and filed. Motion carried.
Fire Department Activity Report for the period August
1st thru 15t'', 1998, was presented.
It was moved by Ybarra, seconded by Gonzales, that
the Fire Department Activity Report for the period August 1st
thru 15t'', 1998, be received and filed. Motion carried.
Health Department Report for the month of July, 1998,.
was presented.
It was moved by Davis, seconded by Ybarra, that the
Health Department Report for the month of July, 1998, be received
and filed. Motion carried.
Risk Management Report for the month of July, 1998,
was presented.
It was moved by McCormick, seconded by Gonzales, that
the Risk Management Report for the month of July, 1998, 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 anyone in the audience wished to
address the Council at this time.
Susan Williams Guerra, Public Affairs Manager, So.
Cal. Gas Co., came before the City Council to introduce herself
and to advise them of her position with So. Cal. Gas. She will
be serving the City of Vernon.
The City Clerk announced that now was the time to
open the PUBLIC HEARING to consider a request from Greenwich
Village Pizzeria, Inc. for a Conditional Use Permit to operate a
Commercial Restaurant that will generate more than 20 vehicle
trips, per day, per 1,000 square feet of floor area at 3809 Soto
Street.
It was moved by Ybarra, seconded by Davis, to open
the Public Hearing pertaining to the request from Greenwich
Village Pizzeria, Inc. for a Conditional Use Permit, the time
being 5:15 p.m. Motion carried.
Kevin Wilson, Director of Community Services and
Water, addressed the City Council and briefly summarized this
matter. Mr. Wilson also submitted a communication dated August
17, 1998 advising of changes to the conditions that he previously
recorded. Specifically, conditions (h), (j), and added condition
(n) .
Communication from Kevin Wilson, Director of
Community Services and Water, dated August 12, 1998, was
presented, advising that Greenwich Village Pizzeria, Inc. has
applied for a conditional use permit to operate a commercial
restaurant.
Page 2 of 16
City Council Minutes
August 18, 1998
Submitted herewith are the following supporting documents:
1. Staff Report.
2. Request for conditional use permit and
information supporting the application.
3. Notice of Public Hearing, notice of intent,
copies of notification letters to owners and tenants
in the area and affidavits of posting and mailing.
4. Environmental Checklist Form and Initial Study.
5. Proposed Negative Declaration.
An initial study has been conducted for the project
in compliance with the California Environmental Quality Act
(CEQA) which identifies potentially significant impacts on the
environment from the project, but revisions in the project plans
or proposals made by or agreed to by the applicant will avoid the
effects or mitigate the effects to a point where clearly no
significant effect will occur.
The project is consistent with the General Plan as
adopted by the City of Vernon.
It is hereby recommended that the City Council determine:
1. That the project is consistent with the General
Plan as adopted by the City of Vernon.
2. That the project will not have a significant
effect on the environment.
3. That the project will not individually or
cumulatively have an adverse effect on wildlife resources.
It is also recommended that the conditional use
permit be granted subject to the following conditions:
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. inhere
parking or maneuvering areas adjoin the public street a barrier
wall or landscaping shall be installed and maintained to meet
City standards. Adequate on -site parking shall be maintained so
that no on -street parking will occur.
C. Prior to occupancy, Greenwich Village Pizzeria,
Inc. shall obtain a sales tax permit from the State Board of
Equalization bearing the City of Vernon tax number and a City of
Vernon business license.
d. 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.
e. The facility shall be operated in a manner which
will not impede traffic on Soto Street or Bandini Boulevard/37tn
Street.
Page 3 of 16
City Council Minutes August 18, 1998
f. All required frontage improvements shall be
constructed and all existing cracked sidewalk, curb and gutter
adjacent to the site on Soto Street shall be repaired and
maintained to meet City Standards.
g. 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. There
parking or maneuvering areas adjoin the public street a barrier
wall or landscaping shall be installed and maintained to meet
City standards. Adequate on -site parking shall be maintained so
that no on -street parking will occur.
h. The project site shall be constructed
substantially in compliance with the site plan submitted as part
of this conditional use permit application.
i. Adequate trash receptacles shall be provided on
the site to keep litter to a minimum. All Greenwich Village
Pizzeria, Inc., litter blown or dropped on adjacent properties
shall be retrieved and disposed of daily by Greenwich Village
Pizzeria, Inc. or an employee that works for both occupants of
the building located at 3805 and 3809 Soto Street.
j. Any expansion or change in use shall be approved
by the Director of Community Services.
k. The parking, driveway access and landscaping
shall be developed in accordance with the site plan which was
submitted with this application and approved by the Director of
Community Services. No changes shall be made in the site
development except with the prior approval of the Director of
Community Services.
1. All food preparation and storage equipment shall
be within the restaurant and shall be National Sanitation
Foundation (NSF) approved or its equivalent and approved by the
Health Department prior to installation and use.
M. The restaurant shall comply with all requirements
of the California Uniform Food Facilities Law (CURFFL).
Communication from Kevin Wilson, Director of
Community Services and Water, dated August 17, 1998, was
presented, advising that the following conditions be changed
and/or added to the Conditional Use Permit:
h. The project site shall be constructed and
maintained substantially in compliance with the site plan
submitted as part of this conditional use permit application.
j. Any expansion or change in use shall be approved
by the City Council.
n. The owner of the property shall provide to the
City of Vernon a utility easement for underground electrical
lines, a transformer pad, and a vault which shall be located on
the property in a form and manner subject to approval by the
Director of Community Services and Water. Both facilities
located at 3805 and 3809 Soto Street shall be served from a
single transformer. The metering panel, transformer pad, slab
box, and underground conduits shall be installed by the applicant
in locations and with proper clearance subject to the approval of
the Director of Utilities.
The Mayor asked if the City Council or anyone from
the audience had any questions or comments.
Page 4 of 16
City Council Minutes August 18, 1998
Mr. McCormick stated that it appears that conditions
(b) and (g) were the same.
Mr. Wilson briefly reviewed the Staff Report and then
suggested that (n) that was submitted in his communication today
be changed to condition (g).
Mr. Tim Collins introduced the business owner.
It was moved by Gonzales, seconded by McCormick, to
close the Public Hearing pertaining to the request from Greenwich
Village Pizzeria, Inc. for a Conditional Use Permit to operate a
Commercial Restaurant at 3809 Soto Street, Vernon, the time being
5:25 p.m.
It was moved by Ybarra, seconded by Davis, that the
communications from the Kevin Wilson, Director of Community
Services and Water, dated August 12th & 17th, 1998 and all
supporting documents be received and filed. Motion carried.
It was moved by Gonzales, seconded by Davis that the
project is consistent with the General Plan as adopted by the
City of Vernon. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the project will not have a significant effect on the
environment. Motion carried.
It was moved by Davis, seconded by Gonzales, the
project will not individually or cumulatively have an adverse
effect on wildlife resources. Motion carried.
RESOLUTION NO. 7201 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to Greenwich Village Pizzeria, Inc. for the Operation of a
Commercial Restaurant at 3809 Soto Street in the City of Vernon,
was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7201 be approved and adopted. Motion carried.
The City Clerk announced that now is the time to open
the PUBLIC HEARING to consider a request from Fisherman Johnny's
Landing for a Conditional Use Permit to operate a Commercial
Restaurant that will generate more than 20 vehicle trips, per
day, per 1,000 square feet of floor area at 3805 Soto Street.
It was moved by McCormick, seconded by Ybarra, to
open the Public Hearing pertaining to a request from Fisherman
Johnny's Landing for a Conditional Use Permit, the time being
5:27 p.m.
Kevin Wilson, Director of Community Services and
Water, addressed the City Council and briefly summarized this
matter. Mr. Wilson also submitted a communication dated August
17, 1998 advising of changes to the conditions that he previously
recorded. Specifically, conditions (h), (j), and added condition
(n) .
Mayor asked if there was anyone in the audience who
wished to address the City Council on this matter.
Johnny of J & J Seafood Company, owner of Fisherman
Johnny's Landing, introduced his General Manager.
Page 5 of 16
City Council Minutes August 18, 1998
Communication from Kevin Wilson, Director of
Community Services & Water, dated August 12, 1998, was presented,
advising that Fisherman Johnny's Landing has applied for a
conditional use permit to operate a commercial restaurant at 3805
Soto Street in the City of Vernon.
Submitted herewith are the following supporting documents:
1. Staff Report.
2. Request for conditional use permit and
information supporting the application.
3. Notice of Public Hearing, notice of intent,
copies of notification letters to owners and tenants in the area
and affidavits of posting and mailing.
4. Environmental Checklist Form and Initial Study.
5. Proposed Negative Declaration.
An initial study has been conducted for the project
in compliance with the California Environmental Quality Act
(CEQA) which identifies potentially significant impacts on the
environment from the project, but revisions in the project plans
or proposals made by or agreed to by the applicant will avoid the
effects or mitigate the effects to a point where clearly no
significant effect will occur.
It is hereby recommended that the City Council determine:
1. That the project is consistent with the General
Plan as adopted by the City of Vernon.
2. That the project will not have a significant
effect on the environment.
3. That the project will not individually or
cumulatively have an adverse effect on wildlife resources.
It is also recommended that the conditional use
permit be granted subject to the following conditions:
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. Adequate on -site parking shall be maintained so
that no on -street parking will occur.
C. Prior to occupancy, Fisherman Johnny's Landing
shall obtain a sales tax permit from the State Board of
Equalization bearing the City of Vernon tax number and a City of
Vernon business license.
d. 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.
Page 6 of 16
City Council Minutes August 18, 1998
e. The facility shall be operated in a manner which
will not impede traffic on Soto Street or Bandini Boulevard/37th
Street.
f. All required frontage improvements shall be
constructed and all existing cracked sidewalk, curb and gutter
adjacent to the site on Soto Street shall be repaired and
maintained to meet City Standards.
g. The owner of the property shall provide to the
City of Vernon a utility easement for underground electrical
lines, a transformer pad, and a vault which shall be located on
the property in a form and manner subject to approval by the
Director of Community Services and Water. Both facilities
located at 3805 and 3809 Soto Street shall be served from a
single transformer. The metering panel, transformer pad, slab
box, and underground conduits shall be installed by the applicant
in locations and with proper clearance subject to the approval of
the Director of Utilities.
h. The project site shall be constructed
substantially in compliance with the site plan submitted as part
of this conditional use permit application.
i. Adequate trash receptacles shall be provided on
the site to keep litter to a minimum. All Fisherman Johnny's
Landing's, litter, blown or dropped on adjacent properties, shall
be retrieved and disposed of daily by Fisherman Johnny's Landing
or an employee that works for both occupants of the building
located at 3805 and 3809 Soto Street.
j. Any expansion or change in use shall be approved
by the Director of Community Services.
k. The parking, driveway access and landscaping
shall be developed in accordance with the site plan which was
submitted with this application and approved by the Director of
Community Services. No changes shall be made in the site
development except with the prior approval of the Director of
Community Services.
1. All food preparation and storage equipment shall
be within the restaurant and shall be National Sanitation
Foundation (NSF) approved or its equivalent and approved by the
Health Department prior to installation and use.
M. The restaurant shall comply with all requirements
of the California Uniform Food Facilities Law (CURFFL).
Communication from Kevin Wilson, Director of
Community Services and Water, dated August 17, 1998, was
presented, advising that the following conditions be changed
and/or added to the Conditional Use Permit:
h. The project site shall be constructed and
maintained substantially in compliance with the site plan
submitted as part of this conditional use permit application.
j. Any expansion or change in use shall be approved
by the City Council.
Page 7 of 16
City Council Minutes August 18, 1998
n. The owner of the property shall provide to the
City of Vernon a utility easement for underground electrical
lines, a transformer pad, and a vault which shall be located on
the property in a form and manner subject to approval by the
Director of Community Services and Water. Both facilities
located at 3805 and 3809 Soto Street shall be served from a
single transformer. The metering panel, transformer pad, slab
box, and underground conduits shall be installed by the applicant
in locations and with proper clearance subject to the approval of
the Director of Utilities.
The Mayor asked if the City Council or anyone from
the audience had any questions or comments.
There were no questions or comments from the City
Council or anyone from the audience.
It was moved by Ybarra, seconded by Davis, to close
the Public Hearing pertaining to the request from Fisherman
Johnny's Landing for a Conditional Use Permit to operate a
Commercial Restaurant at 3809 Soto Street, Vernon, the time being
5:33 p.m. Motion carried.
It was moved by Gonzales, seconded by McCormick, that
the communications from the Director of Community Services &
Water dated August 12, 1998 and August 17, 1998, and all
supporting documents submitted as evidence during the Public
Hearing, be received and filed. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the project is consistent with the General Plan as adopted by the
City of Vernon. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
project will not have a significant effect on the environment.
Motion carried.
It was moved by Davis, seconded by McCormick, that
the project will not individually or cumulatively have an adverse
effect on wildlife resources. Motion carried.
RESOLUTION NO. 7202 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to Fisherman Johnny's Landing for the Operation of a Commercial
Restaurant at 3805 Soto Street in the City of Vernon, was
presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7202 be approved and adopted. Motion carried.
The City Clerk announced that now is the time to open
the PUBLIC HEARING to obtain testimony from affected and/or
interested persons regarding Vernon's conformance with the
Congestion Management Plan Transportation Authority.
It was moved by Davis, seconded by McCormick, to open
the Public Hearing to obtain testimony regarding Vernon's
conformance with Congestion Management Plan Transportation
Authority, the time being 5:35 p.m. Motion carried.
Kevin Wilson, Director of Community Services & Water,
addressed the City Council and briefly summarized this matter.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 12, 1998, was presented, advising that staff of the
Department of Community Services & Water has conducted studies as
required by MTA and outlined in the Congestion Management Program
Land Use Analysis for the City of Vernon. Submitted herewith is
the following supporting evidence:
Page 8 of 16
City Council Minutes
August 18, 1998
1. 1997-98 Local Implementation Report
2. Notice of Public Hearing, affidavit of Posting
And Declaration of Publication
3. Staff Report
This has been reviewed by the Director of Community Services and
Water and the City Attorney, and it is hereby recommended that
the City Council determine that the City is in conformance with
the CMP.
It was moved by McCormick, seconded by Gonzales, to
close the Public Hearing regarding Vernon's conformance with the
Congestion Management Plan Transportation Authority, the time
being 5:40 p.m. Motion carried.
It was moved by Davis, seconded Ybarra, that the
communication from the City Clerk dated August 12, 1998, and the
supporting documents, be received and filed and the
recommendation approved. Motion carried.
RESOLUTION NO. 7203 - 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 Davis, that
Resolution No. 7203 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 10, 1998, was presented, transmitting a Water Right
License and Agreement with NI Industries for the rights to 138
acre-feet of water. The cost of this water is $160.00 per acre
foot or $22,080 total. This has been reviewed by the Director of
Community Services & Water, and the City Attorney, and it is
hereby recommended that the agreement be approved and the Mayor
and City Clerk be authorized to execute same.
It was moved by Gonzales, seconded by Ybarra, that
the aforementioned communication from the City Clerk pertaining
to the License and Agreement with NI Industries be received and
filed and the recommendation approved. Motion carried.
RESOLUTION NO. 7204 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Water Right License by and Between the City of
Vernon and NI Industries, Inc., which Grants the City of Vernon a
License to Extract 138 Acre -Feet of NI Industries' allowed
pumping Allocation for the Period July 1, 1998 through June 30,
1999, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 7204 be approved and adopted. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated August 4, 1998, was presented,
requesting authority and funds for himself, to attend the
California Conference of Directors of Environmental Health - 1998
at San Diego on September 21 thru September 25t'', 1998, with an
expense allowance of $1,102.51.
It was moved Ybarra, seconded by Gonzales, that
authority be granted for Lewis Pozzebon, Director of
Environmental Health, to attend the aforementioned conference
with an expense allowance of $1,102.51. Motion carried.
Page 9 of 16
City Council Minutes August 18, 1998
Communication from Dave Telford, Fire Chief, dated
July 30, 1998, was presented, requesting authority and funds for
William Niesley, Captain, to attend the 1998 Continuing Challenge
- Haz Mat at Sacramento on September 8th thru September llth,
1998, with an expense allowance of $591.04.
It was moved by Davis, seconded by McCormick, that
authority be granted for Captain William Niesley, to attend the
aforementioned seminar with an expense allowance of $591.04.
Motion carried.
Communication from Dave Telford, Fire Chief, dated
July 22, 1998, was presented, requesting authority and funds for
John Cusolito, Captain, to attend the Swift Water Rescue
Operational Technician I Seminar at North Net Fire Training
Center in Anaheim on September 22nd thru September 24th, 1998,
with an expense allowance of $160. Motion carried.
It was moved by McCormick, seconded Gonzales, that
authority be granted for Captain John Cusolito to attend the
aforementioned seminar with an expense allowance of $160. Motion
carried.
Communication from Dave Telford, Fire Chief, dated
July 22, 1998, was presented, requesting authority and funds for
himself, to attend the Los Angeles Area Fire Chiefs' Association
Fire Chiefs Workshop at UCLA Conference Center/Lake Arrowhead, on
September 30th thru October 2nd, 1998 with an expense allowance of
$350.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Fire Chief Dave Telford to attend the
aforementioned conference with an expense allowance of $350.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 12, 1998, was presented, requesting authority and
funds for himself to attend the League of California Cities
Annual Conference at Long Beach, on October 2nd thru October 4th,
1998 with an expense allowance of $435.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Bruce V. Malkenhorst, City Clerk, to
attend the aforementioned conference with an expense allowance of
$435. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 12, 1998, was presented, requesting authority and
funds for Leonis Malburg, Mayor; Tom Ybarra, Mayor Pro Tem;
Councilmen William McCormick and William Davis; and David B.
Brearley, City Attorney to attend the League of California Cities
Annual Conference at Long Beach, on October 2nd thru October 4th,
1998 with an expense allowance of $671 each.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for the above mentioned City Officials to
attend the aforementioned conference with an expense allowance of
$671 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 12, 1998, was presented, requesting authority and
funds for Kevin Wilson, Director of Community Services & Water;
Dave Telford, Fire Chief; Ken DeDario, Director of Utilities; and
Bruce Olson, Chief of Police to attend the League of California
Cities Annual Conference at Long Beach on October 2nd thru
October 4th, 1998 with an expense allowance of $671 each.
Page 10 of 16
City Council Minutes
August 18, 1998
It was moved by Ybarra, seconded by Davis, that
authority be granted for the above mentioned personnel to attend
the aforementioned conference with an expense allowance of $671
each. Motion carried.
Communication from Kevin Wilson, Director of
Community Services and Water, dated July 28, 1998, was presented,
transmitting a fully executed Grant Deed from Ervin H. Unvert
Trust for a portion of property for street purposes which is
situated at the southwest corner of District Boulevard and Corona
Avenue (approximately 537 square feet). It is hereby recommended
that the Grant Deed be accepted, the Certificate of Acceptance be
approved, and the Mayor and City Clerk be authorized to execute
same.
It was moved by Gonzales, seconded by Davis, that the
Grant Deed from Ervin H. Unvert Trust be accepted, the
Certificates of Acceptance be approved, and the Mayor and City
Clerk be authorized to execute same. Motion carried.
Communication from Kevin Wilson, Director of
Community Services and Water, dated August 6, 1998, was
presented, transmitting a fully executed Grant Deed from Mark C.
Lorenz, Eric A. Lorenz and Brian E. Lorenz for a portion of
property situated at the northwest corner of Gifford Avenue and
50ti Street(approximately 114 square feet), for street purposes.
It is hereby recommended that the Grant Deed be accepted, the
Certificate of Acceptance be approved, and the Mayor and City
Clerk be authorized to execute same.
It was moved by Ybarra, seconded by Davis, that the
Grant Deed from Mark C. Lorenz, Eric A. Lorenz, and Brian E.
Lorenz be accepted, the Certificates of Acceptance be approved,
and the Mayor and City Clerk be authorized to execute same.
Motion carried.
Communication from Kevin Wilson, Director of
Community Services and Water, dated August 6, 1998, was
presented, advising that the Traffic Signal Maintenance Agreement
with Signal Maintenance, Inc., 2283 Via Burton Street, Anaheim,
(Contract #443) expires on August 31, 1998. The contract
provides for maintenance extension by mutual agreement under
Section 16 of the Special Provisions. Signal Maintenance, Inc.
has indicated that they would like to continue under the present
contract.
Under Section 12 of the Special Provisions they are
eligible for a Consumer Price Index (CPI) increase in the
contract. Because of current economic times, Signal Maintenance,
Inc. has waived the CPI adjustment for the next year. It is
hereby recommended that the contract be approved and extended to
August 31, 1999.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication be received and filed, and the
extension for Contract #443 be approved to August 31, 1999.
Motion carried.
RESOLUTION NO. 7205 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a One -Year Extension of Contract No. 443 (1998/1999)
By and Between the City of Vernon and Signal Maintenance, Inc.,
was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7205 be approved and adopted. Motion carried.
Page 11 of 16
City Council Minutes August 18, 1998
Communication from Kevin Wilson, Director of
Community Services and Water, dated July 30, 1998, was presented,
advising a bid has been received from Utility Boring, Inc., for
Contract No. 540, Vernon Gas Distribution System Phase III.
Their bid is $3,012,901.40. The bid has been reviewed and it is
recommended that this contract be awarded to Utility Boring, Inc.
on the basis of their bid of $3,012,901.40 (Deferred from the
August 4, City Council meeting).
It was moved by Gonzales, seconded by Ybarra, that
the contract be awarded to Utility Boring, Inc., on the basis of
their bid of $3,012,901.40. Motion carried.
RESOLUTION NO. 7209 - A Resolution of the City
Council of the City of Vernon Awarding a Contract to Utility
Boring for Vernon Gas Distribution System Phase III in
Accordance with Contract No. 540 of the City of Vernon and
Approving the Execution of Said Contract, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7209 be approved and adopted. Motion carried.
Mayor Malburg abstained from voting.
Communication from Kevin Wilson, Director of
Community Services & Water, was presented, advises that the
upcoming construction of the Alameda Corridor will result in
impacts to the City. In order to insure that the impacts due to
the construction are properly mitigated, the following
Preliminary Engineering Studies may be performed:
• Traffic Circulation Studies
• Rail Circulation Studies &
• Environmental & Construction Mitigation Studies
Funds for the above mentioned studies will be provided by the
State of California.
Submitted herewith is the Administering Agency -State Agreement
No. 07-5139 and Supplement Agreement No. 006. Federal Funds in
the amount of $300,000 have been allotted for this project. The
Agreement has been reviewed by the Director of Community Services
& Water and the City Attorney and it is hereby recommended that
the Agreement be approved and executed.
It was moved by Ybarra, seconded by Davis, that the
Administering Agency -State Agreement No. 07-5139 and Supplement
Agreement No. 006 be approved and adopted. Motion carried.
RESOLUTION NO. 7206 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of (i) Master Agreement Administering Agency -State
Agreement for Federal -Aid Projects, Agreement No. 07-5139
(Modified 11/29/95); and (ii) Program Supplement Agreement No.
006 to Local Agency -State Agreement for Federal -Aid Projects No.
07-5139 By and Between the City of Vernon and the State of
California, Acting By and Through the Department of
Transportation, for a Feasibility Study of Congestion and Traffic
Management in the Alameda Corridor, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7206 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated August 11, 1998, was presented, transmitting the
Minutes of the Special Meeting of the Finance Committee held
August 10, 1998 for approval of the recommendations contained
therein.
Page 12 of 16
City Council Minutes
August 18, 1998
It was moved by Ybarra, seconded by Davis, that the
minutes of the Special Meeting of the Finance Committed held
August 10, 1998, be approved. Motion carried.
RESOLUTION NO. 7207 - A Resolution of the City
Council of the City of Vernon Authorizing the Sale of Surplus
Property from the following Departments: Community Services, City
Administrator/City Clerk (Health/Finance), Fire, and Police,
Pursuant to Section 2.31 of the Vernon City Code, was presented.
It was moved by McCormick, seconded by Gonzales that
Resolution No. 7207 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated August 13, 1998, was presented, transmitting the
Agenda for the Adjourned Regular Finance Committee Meeting to be
held August 17t'', 1998 for approval of the recommendations
contained therein.
It was moved by Davis, seconded by Ybarra, that the
recommendations contained in the Agenda for the Adjourned Regular
Finance Committee Meeting held August 17, 1998, be approved.
Motion carried.
RESOLUTION NO. 7210 - A Resolution of the City
Council of the City of Vernon Amending Schedule II, Exhibit "B,"
Page 14, and Schedule V, Exhibit "E," of Resolution No. 7165,
which Fixed the Compensation for Certain Employees of Said City
and Authorized Certain Expense Allowances, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7210 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated August 6, 1998, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held August
17t'', 1998 for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by McCormick, that
the recommendations contained in the Agenda for the Personnel
Committee Meeting held August 17, 1998, be approved. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 13, 1998, was presented, advising that an agreement
with RayMar Productions, Inc., was approved at the August 4tn,
meeting; however, it was determined that, due to construction on
City property, an Encroachment License Agreement was necessary.
Transmitted herewith is a copy of Encroachment License Agreement
No. 389 and it is hereby recommended that said agreement be
approved and executed.
It was moved by Davis, seconded by Gonzales, that the
Encroachment License Agreement No. 389 be approved and executed.
Motion carried.
RESOLUTION NO. 7208 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of Encroachment License Agreement No. 389 By and
Between the City of Vernon and RayMar Productions, and Repealing
Resolution No. 7191, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7208 be approved and adopted. Motion carried.
Page 13 of 16
City Council Minutes August 18, 1998
WARRANT REGISTER No. 996 covering claims and demands
presented during the period of July 31, 1998 thru August 13,
1998, drawn on Wells Fargo Bank totaling $653,232.10, which
includes Demand Nos. 68030 thru 68230 (inclusive), excluding
Utility Demands and Void Demands Nos. 68071 and 68090 thru 68094
(inclusive), (accounting period August, 1998), was examined and
audited.
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 996 be approved and payment authorized for
claims and demands totaling $653,232.10, excluding Utility
Demands and Void Demands. Motion carried.
WARRANT REGISTER No. 996 covering claims and demands
presented during the period of July 31, 1998 thru August 13,
1998, drawn on Wells Fargo Bank totaling $686,889.84, which
includes Utility Demand Nos. as listed below (accounting period
August, 1998), was examined and audited.
68031 68054 68097 68160
68032 68057 68107 68162
68033 68059 68108 68166
68034 68061 68112 68180
68035 68065 68113 68196
68036 68069 68138 68207
68037 68070 68144 68217
68040 68075 68155 68219
68041 68080 68156 68223
68042 68086 68158
68052 68096 68159
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 996 be approved and payment authorized for
Utility claims and demands totaling $686,889.84. 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. 506 covering claims and
demands presented during the period of June 7, 1998 thru July 18,
1998, drawn on Wells Fargo Bank totaling $2,606,834.67 which
includes Demand Nos. 5830 thru 5866 (inclusive), (accounting
period July, 1998), was examined and audited.
It was moved by Davis, seconded by Ybarra, that
Payroll Warrant Register No. 506 be approved and payment
authorized for claims and demands totaling $2,606,834.67. Motion
carried.
The Mayor called a recess at 6:00 p.m.
The Council reconvened in Regular Session at 6:12
p.m., all members present before the recess again being present.
It was moved by Ybarra, seconded by Gonzales, that
Council go into Closed Session, Item Nos. 2, 3, & 4, the time
being 6:12 p.m. Motion carried.
All persons were excluded from Closed Session except
the City Clerk, City Attorney, and the Chief Deputy City Clerk.
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
Page 14 of 16
City Council Minutes
August 18, 1998
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
(a) City of Vernon vs. Central Basin, etc., Zastrow,
et al. LASC No. BC 130693;
(b) City of Vernon v. Board of Harbor Commissioners
of the City Of Long Beach, et al., LASC Case No.
BC 158591; 2CIV B112374 (Pier T)
(c) The Citv of Vernon v. The Atchison, Topeka and
Santa Fe Railway, CPUC Case No. 96-01-019;
(d) Johnson & Vincent v. Vernon, LASC BS 039646;
(e) FERC Docket Nos. OA-96-76, OA97-602, OA97-604,
ER96-222; (Open access);
(f) FERC Docket Nos. ER97-2355, EC96-19-000, ER96-
16,33 and EL96-48 (Restructuring);
(g) CPUC Application No. 96-10-038 (SDG&E/SoCalGas
Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC
ENTERPRISES); FERC Docket No. EC97-12-000;
(h) Alex Mendrin (Al's Plastics) v. City of Vernon;
Norwalk Superior Court No. VC 025592 consolidated
with Scottsdale Insurance Company, et al, v.
Vernon; Norwalk Superior Court No. VC 025888;
(i) Vernon Sem v. City of Vernon, WC No. POM 0187239,
VNO Unassigned
(j) City of Vernon v. All Persons Interested in the
Matter of the Validity of City of Vernon
Ordinance No. 1057, etc., Los Angeles Superior
Court No. BC 190791;
(k) FERC Docket No. ER98-3594 (ISO);
3. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code
§ 54956.95
LIABILITY CLAIMS
Claimant: Jose Miramontes
Agency claimed against: City of Vernon
Claimant: David Venegas
Agency claimed against: City of Vernon
4. With respect to every item of business to be
discussed in closed session pursuant to subdivision (c) of
Government Code Section 54956.9.
Initiation of Litigation: Two (2) potential cases.
It was moved by Ybarra, seconded by Gonzales, that
the City Council go out of Closed Session pertaining to Item Nos.
2, 3, & 4, and resume regular session, the time being 6:25 p.m.
Motion carried.
It was moved by Gonzales, seconded by Ybarra, that
the claim of Jose Miramontes and the executed "Release of All
Claims" for $1,000 be approved and accepted. Motion carried.
Page 15 of 16
City Council Minutes
August 18, 1998
It was moved by Ybarra, seconded by Gonzales, that
the claim from David Venegas be denied. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
FERC matter, 983760-000, be ratified. Motion carried.
It was moved by Ybarra, seconded by McCormick, that
approval be granted for intervention in CPUC #89807. 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.
ATTEST:
Bruce V. Malkenhorst
City Clerk
Leonis C. Mal rg
Mayor
Page 16 of 16