19990202 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD FEBRUARY 2, 1999
AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE
CITY HALL LOCATED AT 4305 SANTA FE AVENUE
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis
MEMBERS, ABSENT: McCormick
The meeting was called to order by Mayor Malburg.
The City Clerk announced that now was the time to
present the Service Pins.
The Mayor presented Service Pins to the following
employees and extended congratulations on behalf of the entire
City Council.
Sharon Johnson, Budget/Auditor 20 Years
Deputy City Treasurer
Inez Aragon, Police Officer 10 Years
Glenn Burdick, Electronics Technician 10 Years
The following employees were unable to attend the
meeting and their Service Pins were accepted by their respective
department head:
Roy Ness, Utilityman II 15 Years
Robert Valenzuela, Systems Coordinator 10 Years
Manuel Morales, Utilityman II 10 Years
Carlos Fandino, Systems Supervisor 10 Years
Jerry Chavez, Police Officer 5 Years
The Mayor called a short recess, the time being 5:07
p.m. Council reconvened at 5:10 p.m.
Police Department Activity Log for the period January
16t thru 31", 1999, was presented.
It was moved by Gonzales, seconded by Davis, that the
Police Department Activity Log for the period January 16`h thru
319`, 1999, be received and filed. Motion carried.
Fire Department Activity Report for the period
January 16"' thru 31't, 1999, was presented.
It was moved by Ybarra, seconded by Davis, that the
Fire Department Activity Report for the period January 16`h thru
319t, 1999, 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.
There was no one in the audience who wished to
address the City Council at this time.
City Council Minutes February 2, 1999
The City Clerk announced that now was the time to re-
open the PUBLIC HEARING to consider a request from D & D Real
Estate, LLC., for a variance to utilize 11 non -conforming truck
loading spaces at 3311 Slauson Avenue, Vernon. (Continued from
City Council Meeting held January 26, 1999.)
It was moved by Ybarra, seconded by Davis, to re -open
the Public Hearing pertaining to a request from D & D Real
Estate, LLC., for a Variance to utilize 11 non -conforming truck
loading spaces at 3311 Slauson Avenue, Vernon, the time being
5:11 p.m. Motion carried.
Mayor asked if there was anyone in the audience who
wished to address the City Council or make any comments with
regard to these proceedings.
Kevin Wilson, Director of Community Services and
Water addressed the City Council and brought them up to date on
the changes being made to the conditions that were previously
submitted to the City Council with this request for a Variance.
Communication from Bruce V. Malkenhorst, City Clerk
dated January 21, 1999, was presented, advising that D & D Real
Estate, L. L. C. has requested a variance from the Comprehensive
Zoning Ordinance Section 26.4.2-8(c), Development Standards, to
allow the use of non -conforming truck loading spaces, for the
property located at 3311 Slauson Avenue in the City of Vernon.
They are proposing to construct a 63,172 square foot building of
which 53,922 square feet is for manufacturing and 9,250 square
feet is for office space. The building will have eight
conforming truck loading spaces, as required by the Comprehensive
Zoning Ordinance, and 11 non -conforming truck loading spaces.
The 11 non -conforming loading spaces are an integral part of this
prototype building design. D & D Real Estate, L. L. C. is
proposing to subdivide the building into seven "incubator" units,
designed to cater to small manufacturers. Each "incubator" unit
will include one 8 foot by 20 foot truck loading space. The four
remaining truck loading doors on the north side of the building
are designed to allow small trucks to access the main building.
Herewith is the following evidence:
1. Staff report.
2. Application for variance.
1. Notice of Intent, Notice of Public Hearing, copies of
notification letters to owners and tenants in the area
and affidavits of posting and mailing.
3. Environmental Checklist Form and Initial Study.
4. Proposed Negative Declaration
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 it will have no significant effects on the
environment, and no mitigating measures are required.
The project is consistent with the General Plan as adopted by the
City of Vernon.
Therefore, it is recommended that the City Council determine:
1. That the project is consistent with the General
Plan as adopted by the City of Vernon.
Page 2 of 14
City Council Minutes February 2, 1999
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 resource.
It is also reconnuended that a Negative Declaration be adopted and
that a Notice of Determination and a De Minimis Finding be filed
with the County Clerk.
It is further recomanended that the variance be granted with the
following conditions:
a). The number of conforming truck loading spaces on
the property shall not be reduced.
b). The usage of all non -conforming truck loading
spaces shall be limited so that no truck parked at or using the
loading space shall extend into the existing street right-of-way
as shown on the Master Plan of Streets, dated June 16, 1992.
c). All existing and future tenants shall be notified
of these restrictions and a condition stating this shall be
placed in all future leases.
Communication from Kevin Wilson, Director of Community
Services and Water, dated January 25, 1999, was presented,
recommending that condition ("b") be amended to allow the use of
11 non -conforming truck loading spaces as required by the
Comprehensive Zoning Ordinance at 3311 Slauson Avenue as follows:
b). The usage of all non -conforming truck loading
spaces be limited so that any truck parked at or using the
loading spaces shall not extend into the driveway or maneuvering
isle used by automobiles and trucks for parking and loading.
Communication from Kevin Wilson, Director of Community
Services and Water, dated January 28, 1999, was presented,
recommending that the following conditions be added to the
variance for D & D Real Estate, LLC. to allow the use of the 11
non -conforming truck loading spaces as required by the
Comprehensive Zoning Ordinance at 3311 Slauson Avenue:
d. The proposed incubator units shall only be leased
to an industrial use as defined in section 26.2.8 of the
Comprehensive Zoning Ordinance, and furthermore, they shall not
be leased to any commercial, retail, office, or warehousing use.
e. In the back of each incubator unit, a roll -up door
measuring at least 8 feet high by 10 feet wide leading to the
interior of the main building shall be maintained to access the
65 foot truck loading docks located on the west and south sides
of the building.
f. Adequate on -site parking shall be maintained so
that no on -street parking will occur and all maneuvering shall be
conducted on -site.
Kevin Wilson, Director of Community Services and Water,
advised the City Council of a communication from Douglas Steel
dated January 27, 1999 regarding the original request.
Page 3 of 14
City Council Minutes February 2, 1999
Mr. Wilson also stated that condition "e" submitted
with his communication dated January 28, 1999 should read, "In
the back of each incubator unit a roll -up door measuring at least
8 feet high by 10 feet wide leading to the interior of the main
building shall be maintained to access the 65 foot truck loading
docks located on the west and south sides of the building.
Mr. Douglas Stein addressed the City Council and
explained what the intent was with regard to the smaller units
they were wishing to create.
Mayor asked about the depressed areas of the building
and how they would be utilized in the future if, in fact, Douglas
takes it over.
Mr. Douglas Stein stated that they are hoping that they
could be used now by the smaller companies who do not use flatbed
trailers to pick up equipment, and if in fact they do take it
over, smaller trucks could be used for much smaller orders or
pieces of materials.
owner.
Alameda.
Mayor asked if this request was from the property
Mr. Wilson responded that, "yes" it was.
Councilman Davis asked if there were any driveways on
Mr. Wilson responded, "no".
It was moved by Gonzales, seconded by Davis, to close
the Public Hearing pertaining to a Variance to utilize 11 non-
conforming truck loading spaces at 3311 Slauson Avenue, the time
being 5:20 p.m.
It was moved by Davis, seconded by Ybarra, that the
City Council determines the project is consistent with the
General Plan as adopted by the City of Vernon. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
City Council determines the project will not have a significant
effect on the environment. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
City Council determines the project will not individually or
cumulatively have an adverse effect on wildlife resources.
Motion carried.
It was moved by Gonzales, seconded by Ybarra, that a
Negative Declaration be adopted, and a Notice of Determination
and a De Minimis Finding be filed with the County Clerk. Motion
carried.
Page 4 of 14
City Council Minutes February 2, 1999
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk, dated January 21, 1999, and
the communications from the Director of Community Services and
Water, dated January 25th, and 28th, 1999, and all supporting
documents submitted during the Public Hearing, be received and
filed as evidence, and that the variance be granted with the
aforementioned conditions including the changes to condition "b",
and the addition of conditions "d", "e", and "f", as noted in the
Director of Community Services & Water's letters of January 25th
and 28th, 1999. Motion carried.
RESOLUTION NO. 7263 - A Resolution of the City Council
of the City of Vernon Granting a Variance to D & D Real Estate,
LLC. from Section 26.4.2-8, Development Standards, of the
Comprehensive zoning Ordinance, for the Property Located at 3311
Slauson Avenue in the City of Vernon, was presented. (Deferred
from City Council Meeting held January 26, 1999.)
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7263 be approved and adopted. Motion carried.
The City Clerk advised that now was the time to open
the PUBLIC DARING to consider a request from Vernon Warehouse
Company for a Conditional Use Permit to expand their existing
66,156 square foot accessory warehouse building by 24,038 square
feet.
It was moved by Davis, seconded by Gonzales to open the
public hearing pertaining to a conditional use permit for Vernon
Warehouse Company, the time being 5:23 p.m. Motion carried.
Kevin Wilson, Director of Community Services and Water,
addressed the City Council and briefly summarized the following
matter.
Communication from Kevin Wilson, Director of Community
Services and Water, dated January 28, 1999, was presented
advising that Vernon Warehouse Company operates an existing
accessory warehouse in the City of Vernon and has applied for a
Conditional Use Permit to expand their operation located at 2050
38th Street. The project will expand the existing 66,156 square
foot warehouse by 24,038 square feet.
Transmitted herewith for your review, are the following
supporting documents:
1. Staff Report.
2. Notice of Public Hearing, notice of intent, copies of
notification letters to owners and tenants in the area
and affidavits of posting and mailing.
3. Environmental Checklist Form and Initial Study.
4. Proposed Negative Declaration.
5. Comment Letter Received.
6. Response to comment letter.
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. The study failed to identify any adverse
affects due to the construction and operation of the project. A
notice of determination will be filed with the County Clerk.
Page 5 of 14
City Council Minutes February 2, 1999
The project is consistent with the General Plan as adopted by the
City of Vernon.
Based upon staff's review of the application it is
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.
4. That the Negative Declaration be approved and
adopted.
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 be made to conform with, all current codes, rules,
regulations and subject to permit fees as adopted by the City of
Vernon. All trucking operations, including truck and trailer
parking, shall be limited to the lot located at or tied to 2050
38`h Street 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
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.
d. 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 services.
e. The facility's buildings shall be structurally
maintained to exclude rodents and the property shall be
maintained rodent free.
f. Servicing of vehicles including washing, steam
cleaning, and repairing shall be performed in facilities in
compliance with appropriate codes.
g. No equipment or freight shall be stored on the site
other than in buildings, trailers, or on the docks.
h. A National Pollutant Discharge Elimination System
Permit shall be obtained from the California State Board of Water
Resources, if required.
i. Adequate plans and materials must be available for
handling leaks or spills from vehicles during storage or
transportation.
Page 6 of 14
City Council Minutes February 2, 1999
j. A hazardous materials permit shall be obtained from
the City of Vernon Environmental Health Department if hazardous
materials/waste are used, handled or stored. Hazardous
materials/waste shall be handled and managed in compliance with
all appropriate federal, state, and local laws.
k. The facility shall be operated in a manner that
will not impede traffic on Alameda Street, 38th Street, or Ross
Street.
1. All required frontage improvements shall be
constructed and all existing cracked sidewalk, curb, and gutter
adjacent to the site on Alameda Street, 38th Street, and Ross
Street shall be repaired and maintained to meet City standards.
The applicant shall reconstruct the curb return at the southwest
corner of Ross Street and 38th Street to City standards including
the relocation of all utilities. In addition, a 115 by 2.5 foot
wide strip of asphalt pavement in Ross Street's right-of-way
shall be removed and replaced with a sidewalk that meets City
Standards.
M. The owner of the property shall provide to the City
of Vernon a utility easement for the overhead electrical lines, a
power pole, a transformer, and an anchor located on the
applicants property in a form and manner subject to approval of
the Director of Community Services and Water.
n. The site shall not generate more than 70 truck
trips and 35 automobile trips per day.
o. The property owner shall provide to the City of
Vernon a Grant Deed for the property necessary to enlarge curb
returns at Alameda Street and 38th Street and Ross Street and 38th
Street to current City standards.
The Mayor asked if there was anyone in the audience who
had questions on this matter or if there were any questions from
the Council.
There were no questions from the audience or the
Council.
It was moved by Ybarra, seconded by Gonzales, to close
the Public Hearing pertaining to the request for a conditional
use permit from Vernon Warehouse Company, the time being 5:31
p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
Council determine 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 Gonzales, that the
Council determine that the project will not have a significant
effect on the environment. Motion carried.
It was moved by Davis, seconded by Ybarra, that the
Council determine that the project will not individually or
cumulatively have an adverse effect on wildlife resources.
Motion carried.
It was moved by Gonzales, seconded by Ybarra, that a
Negative Declaration be adopted, and a Notice of Determination
and a De Minimis Finding be filed with the County Clerk. Motion
carried.
It was moved by Ybarra, seconded by Davis, that the
communication from the Director of Community Services & Water,
dated January 28, 1999, and all supporting documents submitted
during the Public Hearing be received and filed as evidence and
that the conditional use permit be granted. Motion carried.
Page 7 of 14
City Council Minutes
February 2, 1999
RESOLUTION NO. 7265 - A Resolution of the City Council
of the City of Vernon Granting A Conditional Use Permit to Vernon
Warehouse Company to Expand an Existing Accessory Warehouse at
2050 38`h Street in the City of Vernon, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7265 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated January 21, 1999, was presented, submitting the results of
the bids opened on January 13, 1999 for Bid # 1375, Construction
of the Ybarra Substation, and Bid # 1376, Construction of the
Ybarra Overhead Line and Bank.
Bid No. 1375
Union Power Construction Co. $ 436,906.00
Hampton Tedder Electric $1,397,171.00
Bid No. 1376
Union Power Construction Co. $1,457,097.00
Hampton Tedder Electric $1,638,170.00
The bids have been reviewed by the Utilities Department and the
Purchasing Department, and it is hereby recommended that Bid No.
1375 and Bid No. 1376 be awarded to Union Power Construction
Company on the basis of their total bid of $1,869,003.00, which
includes a $25,000.00 discount to the City and that Purchasing be
authorized to issue a purchase order. (Deferred from City Council
Meeting held January 26, 1999).
It was moved by Gonzales, seconded by Davis, that the
contract be awarded to Union Power Construction Co., on the basis
of their bid of $1,869,003.00. Motion carried.
RESOLUTION NO. 7266 - A Resolution of the City Council
of the City of Vernon Accepting the Bids of Union Power
Construction Company on Bid Nos. 1375 and 1376 for Construction
of Ybarra Sub -Station and Approving and Authorizing the Execution
of the Contract Documents, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7266 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services & Water, dated January 28, 1999, was presented,
transmitting two fully executed Deeds from Vernon Partners
Limited Partnership. The Grant Deed is for a portion of property
located on the north side of 26`h Street between Soto Street and
Sierra Pine Avenue, consisting of approximately 5,128 square
feet. The property will be used for street purposes. The
Easement Deed is for a portion of property that runs north -south
above 26`h Street between Soto Street and Sierra Pine Avenue,
consisting of approximately 4,346 square feet. The property will
be used for utility purposes. It is hereby recommended that the
Grant Deed and Easement Deed be accepted, the Certificates 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 two
(2) Grant Deeds from Vernon Partners Limited Partnership be
accepted, the Certificates of Acceptance be approved, and the
Mayor and City Clerk be authorized to execute same. Motion
carried.
Page 8 of 14
City Council Minutes February 2, 1999
Communication from Kevin Wilson, Director of Community
Services & Water, dated January 28, 1999, was presented,
transmitting, for your consideration, a fully executed Grant Deed
from Aluminum Company of America for properties which consist of
four parcels.
• Parcel 1 is located on the southeast corner of
Fruitland Avenue and Boyle Avenue (approximately 490 square
feet) .
• Parcel 2 is located on the south side of Fruitland
Avenue just west of Alcoa Avenue (approximately 6,364 square
feet.
• Parcel 3 is located on the west side of Alcoa Avenue
just south of Fruitland Avenue (approximately 8,615 square feet).
• Parcel 4 is located on the west side of Alcoa Avenue
between Fruitland Avenue and Slauson Avenue (approximately 1,447
square feet).
The properties will be used for street purposes and 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 Ybarra, that the
Grant Deed from Aluminum Company of America be accepted, the
Certificates of Acceptance be approved, and the Mayor and City
Clerk be authorized to execute same. Motion carried.
Kevin Wilson, Director of Community Services & Water,
addressed the City Council and briefly summarized this matter.
Communication from Kevin Wilson, Director of Community
Services & Water, dated January 28, 1999, was presented, advising
that Danjon Engineering has submitted Final Parcel Map No. 24894,
on behalf of the Aluminum Company of America, subdividing the
property adjoining the south side of Fruitland Avenue between
Boyle Avenue and Alcoa Avenue. The Company is proposing to split
the existing parcels into eight lots.
Transmitted herewith is the following information:
1. Final Parcel Map No. 24605.
2. Los Angeles County Public Works Acceptance Letter.
3. Excerpts from the State Subdivision Map Act.
4. Performance Bonds for design and construction of
offsite improvements.
On May 19, 1998, the City Council approved the Tentative Parcel
Map with the following conditions:
1. Dedicate the following property to the City of
Vernon by separate grant deed:
• A five foot strip along Alcoa Avenue adjoining parcels.
• A five foot strip along Fruitland Avenue adjoining
parcels.
• The property necessary for a fifty (50) foot property
line radius at the southwest corner of the intersection of
Fruitland Avenue and Alcoa Avenue and the southeast corner of the
intersection of Fruitland Avenue and Boyle Avenue.
Page 9 of 14
City Council Minutes February 2, 1999
2. Design and reconstruct to City Standards the
sidewalk, curb, gutter and curb ramps at the southeast corner of
Boyle Avenue and Fruitland Avenue and the southwest corner of
Fruitland Avenue and Alcoa Avenue. The curb radius shall be
sixty (60) feet with a property line radius of fifty (50) feet.
Existing traffic signal equipment shall be relocated and upgraded
to City standards to accommodate the new curb return. All signs,
catch basins, utilities or any other objects interfering with the
construction of the new curb return shall be relocated to
accommodate the construction. Plans and specifications shall be
submitted to the City for approval prior to construction.
3. Design and reconstruct to City standards the curb,
gutter, and sidewalk and associated pavement work on Alcoa
Avenue. The new sidewalk width shall be 8 feet. All utility
poles, water meters, fire hydrants, catch basins and any
utilities or objects interfering with the relocation of the curb
line shall be moved as part of the construction. Plans and
specifications shall be submitted to the City for approval prior
to construction.
4. Fire hydrants shall be spaced at intervals not
exceeding 300 feet, in sidewalk, along streets adjoining the
project site. Prior to construction, the Vernon Fire and Water
Departments shall approve the final location.
5. Street trees shall be spaced and planted in
accordance with City standards within the sidewalk area where the
site adjoins a public street. This may be omitted if on -site
landscaping is provided as approved by the City.
6. A final diagram or survey of all structures left
below grade at the site shall be submitted to the City by
Aluminum Company of America.
7. The buildings on Parcels 7 and 8 shall be provided
with fire access and on -site fire hydrants in accordance with the
Uniform Fire Code.
8. All storm drainage shall be in accordance with
NPDES requirements. All properties shall be grades such that
drainage shall not cross property lines unless a drainage
easement is provided as approved by the City.
9. All parcels shall be provided with utilities. New
utilities shall not cross property lines. Any existing utility
lines which cross property lines shall be terminated at the
property line.
10. Parcels 7 and 8 shall be tied by a covenant for the
purpose of compliance with the Uniform Building Code.
11. Parcels 6, 7, and 8 shall be tied by a covenant for
the purpose of compliance with the parking requirements of the
Comprehensive Zoning Ordinance.
12. All utilities to be installed and all required
construction shall be at the expense of Aluminum Company of
America.
The conditions of the Tentative Parcel Map have been met or
Performance Bonds have been obtained.
The project is consistent with the Vernon General Plan as adopted
by the City of Vernon, and is consistent with the State
Subdivision Map Act. As part of the tentative map approval
process a Negative Declaration was adopted in compliance with the
California Environmental Quality Act.
It is hereby recommended that Parcel Map No. 24894 be approved.
Page 10 of 14
City Council Minutes
February 2, 1999
Mayor asked if there was anyone in the audience who
wished to address the City Council or make any comments with
regard to these proceedings.
Councilman Davis asked about the west side of the
property, which was a substation, and what was going to happen to
it.
Jorge Somoano, Assistant Director of Resource
Management, advised that it will still be used, but to serve the
smaller Alcoa load and not the new service.
Mayor asked if there were any further questions.
There were none.
It was moved by Gonzales, seconded by Ybarra, that the
communication from the Director of Community Services & Water
dated January 28, 1999, and all supporting documents submitted as
evidence, be received and filed and that Parcel Map No. 24894 be
approved. Motion carried.
Communication from Kevin Wilson, Director of Community
Services, dated January 27, 1999, was presented, advising that
Contract No. 544, Removal and Replacement of Fuel and Waste Oil
Tanks, has been completed. The total contract amount, including
Change Orders and Extra Work Orders, is $536,848.46. A final
partial payment of $13,288.49 is now due. The remaining ten
percent (10%) of the total contract amount, or the sum of
$53,684.85, is payable thirty-five days after acceptance of the
work. It is hereby recommended that the work be accepted and
that authority be granted to pay the contractor, A. E. Schmidt
Environmental, 16509 Saticoy Street, Van Nuys, CA 91406.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication be received and filed and the
recommendations approved. Motion carried.
RESOLUTION NO. 7267 - A Resolution of the City Council
of the City of Vernon Accepting the Work of A. E. Schmidt
Environmental in Accordance with Contract No. 544 of the City of
Vernon, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7267 be approved and adopted. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
January 14, 1999, was presented, requesting authority and funds
for Vernon Service Officers Victor Ontiveros and Ana Quinnones to
attend the Corrections Officer Basic Academy STC #046-1283 at
Riverside on March 8th thru April 23rd, 1999 with an expense
allowance of $1692.65 each which will be reimbursed by STC.
It was moved by Davis, seconded by Ybarra, that
authority be granted for Vernon Service Officers Victor Ontiveros
and Ana Quinnones to attend the aforementioned training with an
expense allowance of $1692.65 each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
January 21, 1999, was presented, requesting authority and funds
for Sergeant Daniel Calleros to attend the Training Needs
Assessment Seminar at Oxnard on February 17`h to 19, 1999 with an
expense allowance of $296.20 of which $274.40 will be reimbursed
by POST.
It was moved by Gonzales, seconded by Davis, that
authority be granted for Sergeant Daniel Calleros to attend
aforementioned seminar with an expense allowance of $296.20 each.
Motion carried.
Page 11 of 14
City Council Minutes February 2, 1999
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated January 28,1999, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held February 1,
1999, for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by Gonzales, that the
Agenda for the Personnel Committee Meeting held February 1, 1999,
and the recommendations contained therein be approved as
submitted and adopted. Motion carried.
WARRANT REGISTER NO. 1008 covering claims and demands
presented during the period of January 22, 1999 thru January 28,
1999, drawn on Wells Fargo Bank totaling $63,098.10, which
includes Demand Nos. 70484 thru 70631 (inclusive), excluding
Utility Demands and void Demands Nos. 70502, 70514, and 70537
thru 70547 (inclusive), (accounting period February, 1999) was
examined and audited.
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 1008 be approved and payment authorized for
Utility Demand and void Demands totaling $63,098.10. Motion
carried.
WARRANT REGISTER NO. 1008 covering claims and demands
presented during the period of January 22, 1999 thru January 28,
1999, drawn on Wells Fargo Bank totaling $1,485,991.30, which
includes Utility Demand Nos. as listed below (accounting period
February, 1999) was examined and audited.
70485
70493
70519
70580
70602
70486
70495
70522
70581
70607
70487
70496
70551
70582
70626
70489
70497
70568
70597
70628
70491
70503
70572
70599
70629
70492
70518
70574
70601
70630
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 1008 be approved and payment authorized for
Utility Claims and Demands totaling $1,485,991.30. 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.
The City Clerk advised that the following matter be
removed from the Agenda and that no further action be taken at
this time.
Consideration of a Transmission Service Agreement
Between the Bonneville Power Administration (BPA) and the City of
Vernon as submitted by Kenneth J. DeDario, Director of Utilities,
January 27, 1999.
It was moved by Gonzales, seconded by Davis, that the
aforementioned consideration be removed from the Agenda and that
no further action be taken at this time. Motion carried.
The City Clerk recommended that the following matter be
referred to the Redevelopment Agency.
Consideration & discussion of relocation assistance to
Fortune Fashion.
It was moved by Ybarra, seconded by Davis, to refer the
aforementioned matter to the Redevelopment Agency. Motion
carried.
The Mayor called a recess at 5:45 p.m.
The Council reconvened in regular session at 6:06 p.m.
all members present before the recess again being present.
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February 2, 1999
It was moved by Ybarra, seconded by Davis, that Council
go into Closed Session, Item No. 1, the time being 6:06 p.m.
Motion carried.
All persons were excluded from Closed Session except
the City Clerk, City Attorney, Chief Deputy City Clerk, Police
Captain and Chief of Police.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
1. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54957.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
The Captain and Chief of Police were excused at 6:10
p.m.
It was moved by Gonzales, seconded by Davis, that the
City Council go out of Closed Session pertaining to Item No. 1,
the time being 6:10 p.m. Motion carried.
The City Attorney requested that the City Council add
to the Agenda the following item, because it arose after the
preparation and posting of the Agenda:
Mark A. Moen v. City of Vernon, WC NO. MON 0198685; MON
0204641, Claim No. 94-0046.
It was moved by Gonzales, seconded by Davis, that the
City Attorney's request to add the matter of Mark A. Moen v. City
of Vernon, WC NO. MON 0198685; MON 0204641, Claim No. 94-0046 to
the Agenda be approved. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go into Closed Session, Item No. 2, the time being
6:11 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.
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 -ANTICIPATED LITIGATION
(a) City of Vernon vs. Central Basin, etc., Zastrow,
et al. LASC No. BC 130693;
(b) The City of Vernon v. The Atchison, Topeka and
Santa Fe Railway, CPUC Case No. 96-01-019;
(c) FERC Docket Nos. OA-96-76, OA97-602, OA97-604,
ER96-222; (Open access);
(d) FERC Docket Nos. ER97-2355, EC96-19-000, ER96-
16,33 and EL96-48 (Restructuring);
(e) CPUC Application No. 96-10-038 (SDG&E/SoCalGas
Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC
ENTERPRISES); FERC Docket No. EC97-12-000;
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City Council Minutes
February 2, 1999
(f) 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;
(g) Vernon Sem v. City of Vernon, WC No. POM 0187239,
VNO Unassigned;
(h) 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;
(i) FERC Docket No. ER98-3594 (ISO);
(j) CPUC Application No. 98-07-005;
(k) FERC Docket No. ER98-3760 (ISO);
(1) Unicare Insurance Co. vs. City of Vernon,
Case No. VCO26942;
(m) Don Green v. City of Vernon, WC No. VNO 0332300;
(n) Mark A. Moen v. City of Vernon, WC NO. MON 0198685;
MON 0204641, Claim No. 94-0046.
It was moved by Ybarra, seconded by Davis, that the
Council go out of Closed Session and resume regular session, the
time being 6:19 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, to
approve disciplinary action of the Police Officer as recommended
by the Chief of Police. Motion carried.
There being no further business to come before the
Council at this time, it was moved by Ybarra, seconded by Davis,
that the meeting adjourn. Motion carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
` (Leonis C . MalbtLrg
Mayor
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